New-York tribune., 1901-06-10
MAINE QUESTION SETTLED.
GOVERNMENT AVERSE TO ANOTHER IN
CURRY INTO BATTLESHIP'S
DESTRUCTION
TBY TELEGRAPH TO THE rRrBuxE.l

tion of the question of responsibility for the de-
struction of the battleshp Maine in Havana
Harbor on February Is 1898 that question be-
ing involved in batch cf claims which have
recently been presented to the commission.
citing damages for loss of life through that dis
aster. The position which the government will
take in the premises may be stated substan-
! TALLY as follows:
The commission is sitting under a statute en-
acted in pursuance of the last paragraph of Ar
tlcle of the treaty of peace between the United
| states and Spain, ratified April II, 1899.
| which treaty of peace put an end to the war be-
| gum as the declaration of war on the part of
the United States affirms on the Dist day Of
April 1898, the day following the passage of
JOINT resolution in the nature of an ultimatum
by the Congress of the United States
| In the joint resolution and in the message of
the President which provoked its passage. dated
April IL, 1898 among the causes for war formal
ly set forth was:
The de- obstruction of United States battleship,
with 266 of it's officers and crew, while on
friendly visit in the harbor of Havana.
By Article of the treaty of peace all claims
for indemnity, national and individual of every
Kind, of either government of it's citizens
subjects. against the other governmnet are re-
linquished, and the government of the United
States. by the last paragraph Of the
ticle, undertook ito adjudicate and settle the
claims of its citizens against Spain relinqulshed
in this article"
1t is familiar principle of international law
concerning war and treaties of peace that the
causes of war pass into oblivion if not expressly
saved therefrom by the terms of the treaty of
peace.
War in a sense is punishment for the alleged
wrongs which are the grounds for it. Diplomatic
claims founded upon those wrongs are merged
in the declaration of and extinguished by
the punishment inflicted by war. unless by force
OF superior power the conquering nation sees fit
to exact additional punishment in making the
treaty of peace
CAUSE OF WAR DROPPED.
I. is submitted that 1t was the intention of
the treaty not to provide for, but to renquish
and leave in oblivion settled in the tribunal
Of war. the grievance referred expressly In the
joint resolution or April 20 as the destruction
Of a United States battleship. with 266 of it's
officers and crew. while a friendly visit in
the harbor of Havana"
The destruction of Spanish lives and the loss
OF Spanish possessions atoned for and settled
any supposed responsibility OF Spain for the de-
struction of that national ship with its officers
and crew. On March 80 1895. twelve days be-
fore the Presidents message recommending in
effect the ultimatum which followed. Congress
passed act for the relief of the sufferers by
the destruction OF the United States steamship
Maine in the harbor of Havana under wh'cr
payment was made 10 the families and survl .1rs
OF the officers and crew. and which provided that
the relief granted by the provisions Of this act
shall be In full satisfaction of any and all claims
whatever against the United States On account
Of losses or deaths by the destruction OF the
United States steamship Maine"
This statute proves two things: First that tho
Of be init
port Of a commission had made il clear that
evidence could not be found to prove the au-
thorship or the destruction of the Maine decided
not to adopt and present claims for money in
demnity on behalf of it's citizens based upon such
destruction and. second that ii decided 10 req
ognize. instead Of claim of that kind against
Spain, a claim against itself on account of the
same destruction. and this latter claim it pro-
ceeded to settle in fun.
NO CLAIMS AGAINST SPAIN.
This action of the political department of the
government clearly demonstrates that a claim
for money indemnity behalf Of individual citi-
zens was never presented intended to be pre-
sented against Spain. and that article I OF the
treaty, therefore, not intended TO relinouish
any such claim behalf of citizens against
Spain
Notwithstanding the broad language of the
treaty and the jurisdictional act it is not to be
supposed that the government of Spain or the
Congress Of the United States intended that this
commission constituted in spirit OF reconcilia-
tiOn, to ascertain in familiar way the losses
of American citizens that may have arisen
since the beginning of the late insurrection in
Cuba" which was in February or March 1S9J
should enter upon inquiry into the RESPONSE
bility of Spain for the destruction of the bat
ship referred to, and bring in ex parte iudg-
ment holding Spain up to the obIoquy of the
unit
ted to another tribunal had been exhaustiveIv
carried on, had been acted upon by Congress-
had been followed by war particularly ased
upon the alleged destruction, and the subject
had been carefully avoided in the treaty. of
reconciliation and peace.
NOT TO REOPEN QUESTION.
Spain had offered to submit to an impartial
investigation by some third power and had her
self made investigation. with the same in
definite result, IT seems, that made by the
United States. To suppose that this commits
sion. with the means and appliances which have
been furnished to 1t. suitable only for the or
dinary purposes Of claims commission was
intended to open up and undo and do over again
this inquiry into the reSpons bility Of the Span
ish Government. with the result of disgracing
Spain the hand and on the other of
discrediting the government of the United
States, is entirely unreasonable. If the commits
sion shall be in doubt upon this subject so OBJ
viously untnought OF in the constituting of the
commission, so far beyond its power to act upon
adequately, and involving the sensibilities of a
friendly power, its doubt should be resolved in
favor of leaving to the political department Of
the government a business which has already
long and seriously engaged its attention