The Red Cloud chief., 1898-02-25
SMALL HOPE OF
Opinions as to SPANS Resposibility-tn.
ternational Lawyers.

NEw York, Feb. 22.-Frederick Il.
Coudert, formerly counsel for the
United States before the Bering sea
commission, and q well known author
lty upon International law, was inter-
viewed regarding the matter Of an in
demnitv IL ii can be shown that tho
Spanish authorities at Havana failed
to take proper precautions to insure
the safety Of the American warship
Maine.
Spain should pay indemnity for the
'oss OF the Maine" Mr.. Coudert said,
provided the accident Is found to be
due to the negligence Of Spanish off,
Gals. The vessel went to Havana on
a friendly visit and was entitled to-
full protection. 1t was prope that
extraordinary precautions should DO
taken TO insure her safety.
ut was we'll known that there were
individuals belonging to the Spanish
nation who had i'll feelings toward the
United States. II any danger was
known to exist in Havana harbor it
was to be expected that Spain should
inform the captain of the Maine Of
the fact and use every means to pre-
vent any accident to the vessel.
IF on the other hand q man with a
basket OF dynamite should have come
aboard the Maine and blown up the
vessel, the fault plainly would in tho
officers OF the vessel. 1t is their duty
to keep the strictest watch over every
body who comes on board.
"The destruction Of the Maine by
accident or by the act Of irresponsi-
BILE individuals would not Justify a
declaration OF war. Carnot, for in
stance, vas assnssinated by nn ItalI
ian, yet France did not blame Italy.
Italian subjects were killed by a mob
several years ago at New Orleans.
Italy was justified in demanding an
indemnity, which she received, be-
cause the men when slain we're in
charge OF officers Of the law, who
should have made every effort TO pre-
vent their prisoners from being killed.
But 1t did not result in war"
CHICAGO, Feb. 22.-The question Of
responsibility which might attach to
the government Of Spain in case the
Maine explosion was due to n mine in
the harbor OF Havana and was tho
work of a fanatic or an accident, has
become a subject Of discussion among
lawyers. international law is u mat
ter largely Of precedent. and q mine
explosion in IL fortified harbor in time
of peace has no precedent. All unite
in saying that IL such an event was by
design it would be cause for war. No.
less an authority than Robert Il. Lin
coin, former minister to England, il.
positive that in case of accident, or IL
the mine was exploded by a Spanish
fanatic, Spain would not be burdened
with any legal responsibility.
Mr.. Lincoln said: I'm neither case
would the slightest liability attach to
Spain. Assuming a mine explosion
by a fanatic or by accident, that
would be the end OF the affair. Civ
ing international law the widest lati-
tude and stretching precedents 10
their limit there would be no liability
against the government Of Spain. 1t
is an elementary principle OF inter
law that n government is In
no way responsible for the nets OF
private citizens. If it were not SO
complications would be arising con-
tinually, which would keep nations in
a turmoil and arbitrating continually.
1T is another primary principle
that no nation is responsible for acct
dents. As to the right Of a nation to
its harbors as it sees lit there
cannot be the slightest doubt This
right Is a conceded one and Is exer-
cised by all nations.
Whenever a vessel, therefore, en-
ters the harbor Of a foreign power 81
Is with notice Of such dcfenses and
with an assumption Of the chances.
they involve. 1t would not do to soy
that one nation is bound to give the
ship OF another notice Of where and
how its harbor defenses are arranged,
rs the result Of such a rule would be
obvious. In entering the harbor Of
Havana the Maine did SO with full
that it was n fortified har-
and took all the chances of acct
or the acts which might be done
by those for whom spain is not re-.
upopaihla