Mr. Woodford to Mr. Sherman.

No. 194.]

Sir: I have the honor to acknowledge the receipt on yesterday, March 27 instant, of cipher telegram signed by yourself, and informing me that you will send telegraphic summary of the report of the naval board of inquiry on the loss of the U. S. S. Maine; also the receipt on the same day of second cipher telegram signed by yourself and giving the summary of such report, with instructions as to my action thereon.

I inclose herewith my translations of such two cipher telegrams.

I have also to-day, March 28, received a cipher telegram signed by Assistant Secretary Day in regard to so much of the Spanish memorandum of March 25 as related to the request of the captain of the Maine to use explosives on the wreck of the Maine. I inclose translation of this also. This morning in an official note, of which I inclose copy, I asked the Spanish minister for foreign affairs for an interview. In that note I explained the request of the captain of the Maine touching the use of explosives on the wreck of the ship, and that incident may be considered as closed. The interview was granted, and this afternoon I have read to him the summary of the report upon the Maine, and at his request and pursuant to your instructions I handed to him an official note containing such summary, and expressing the belief of the President that the sense of justice of the Spanish nation will dictate a course of action suggested by the friendly relations between the two Governments.

I inclose copy of this note, and am, etc.,

Stewart L. Woodford.
[Page 1041]
[Enclosure 1 in No. 194.—Telegram—Received Sunday, March 27, 10 a.m.]

Woodford, Minister, Madrid:

Board of inquiry finds destruction of Maine due to submarine mine inducing explosion of one or more of her magazines. Fixes no responsibility on any person. President intends sending this report with message to Congress Monday. It is thought no further action then taken than reference to proper committees. Will send you instructions by cable this afternoon to be presented. Use your discretion.

Sherman.
[Enclosure 2 in No. 194.—Telegram.]

Woodford, Minister, Madrid:

The following is a summary of the report made March 21 by the United States board of inquiry in case of the Maine. The Maine arrived at Havana January 25. Notice of her intended arrival had been given by the United States consul-general to the authorities on the preceding evening, and she was conducted by the regular Government pilot to buoy No. 4 in from 5½ to 6 fathoms of water. Discipline on ship excellent, and all her orders and regulations strictly carried out. Ammunition properly stored and cared for. Magazines and shell rooms always locked after being opened, and after destruction of ship the keys were found in proper place in captain’s cabin. The temperatures of magazine and shell rooms daily taken and reported. Only magazine showing undue heat was after 10-inch magazine, which did not explode. Torpedo war heads were stored in after part of ship, under wardroom, and did not explode. Dry gun-cotton primers and detonators were stored in cabin aft, and remote from explosion. Waste carefully looked after under special orders of commanding officer, and varnishes, dryers, alcohol, and like combustibles were stored on or above main deck. Medical stores were aft, under wardroom. The coal bunkers inspected daily. Of those adjacent to forward magazine four were empty, while one was full of coal. This coal before it was received was carefully inspected, and the bunker was inspected by engineer officer on duty on day of explosion. No case of spontaneous combustion of coal had ever occurred on the Maine, and fire alarm in bunkers were in working order. Two after boilers in use at the time of disaster, but for auxiliary purposes only, at comparatively low temperature and under watch, and could not have caused explosion. Four forward boilers found by divers in fair condition. Maine destroyed at nine-forty, evening of February 15.

Everything had been reported secure at 8 o’clock p.m. and all on board was quiet. There were two distinct explosions, with brief interval. The first, with report like that of a gun, lifted ship very perceptibly; second was more open, prolonged, and of greater volume, and caused by partial explosion of two or more of forward magazines. Evidence obtained by divers as to condition of wreck more or less incomplete, but it appears after part of ship sunk practically intact. As to forward part, testimony establishes following facts: Portion of port side protective deck, which extends approximately from frames 30 to 41 was blown up aft and over to port; the main deck from approximately frames 30 to 41 was blown up aft and slightly over to starboard, folding the forward part of the middle superstructure over and on top of the after part. This was, in opinion of the board, caused by partial explosion of two or more forward magazines. But at frame 17 the outer shell from a point 11½ feet from middle line of ship and 6 feet above normal keel was forced up and remained above water about 34 feet above normal position. The outside bottom plating is bent inboard, and a portion about 15 feet broad and 32 feet long is doubled back upon itself. The vertical keel is broken in two at frame 18, and the flat keel is bent into angle similar to that formed by the plating. This break is now about 6 feet below surface of water and 30 above its normal position. This effect could, in the court’s opinion, have been produced only by explosion of a mine under bottom of ship.

In conclusion, court finds that loss of Maine was not due to any fault or negligence of any of officers or crew, but to explosion of a submarine mine, which caused partial explosion of two or more of the forward magazines. No evidence, however, obtained fixing responsibility on any person or persons. Upon the facts as thus disclosed a grave responsibility appears to rest upon the Spanish Government. The Maine, on a peaceful errand and with the knowledge and consent of that Government, entered the harbor of Habana, relying upon the security and protection of a friendly port. [Page 1042] Confessedly she still remained, as to what took place on board, under the jurisdiction of her own Government; yet the control of the harbor remained in the Spanish Government, which, as the sovereign of the place, was bound to render protection to persons and property there, and especially to the public ship and the sailors of a friendly power.

The Government of the United States has not failed to receive with due appreciation the expressions of sympathy by the Government of the Queen Regent with the United States in the loss of its ship and sailors. This fact can only increase its regret that the circumstances of the case as disclosed by the report of the board of inquiry are such as to require of the Spanish Government such action as is due where the sovereign rights of one friendly nation have been assailed within the jurisdiction of another. The President does not permit himself to doubt that the sense of justice of the Spanish nation will dictate a course of action suggested by the friendly relations of the two Governments. You will communicate the contents of this instruction to the minister of state and give him paraphrase if desired.

Sherman.
[Inclosure 3 in No. 194.—Telegram.]

Woodford, Minister, Madrid:

With reference to the first part of the Saturday memorandum, you may explain that the captain of the Maine merely sought permission to employ small explosive charges on upper works to clear away wreckage and get at bodies and guns, but finding his request misunderstood and opposed he withdrew it under instructions from the Secretary of the Navy.

Day.
[Inclosure 4 in No. 194.]

Mr. Woodford to Señor Gullon.

No. 91.]

Excellency.

My Dear Sir: On yesterday, Sunday, March 27 instant, about noon, I received a cipher dispatch from my Government giving the substance of the report of the naval board of inquiry concerning the loss of the U. S. S. Maine. The translation of this cipher dispatch was only completed late last night. I will call upon you at any hour to-day which you may appoint and communicate to you the substance of such report as telegraphed to me.

With regard to the first part of the memorandum or statement which you showed me on Friday afternoon, March 25, and sent to me on Saturday morning, March 26, and which related to the loss of the steamer Maine and to the request of the captain of the Maine to use explosives in connection with the wreck of such steamer, I am instructed by my Government to explain to you that the captain of the Maine merely sought to employ small explosive charges on the upper works of the vessel for the sole purpose of clearing away wreckage and so as to get at the bodies and guns which were still in the wreck, but finding his request misunderstood and opposed by the authorities at Habana, he withdrew such request by the instructions of the Secretary of the American Navy. I am sure that this explanation will remove all doubt or suspicion from your mind with regard to the request which the captain made.

I am further instructed to explain to your excellency that the President of the United States intends to send the report of the American naval board of inquiry with brief message to Congress this Monday, March 28, and that it is thought no other action will be taken in Congress to-day than the usual reference of such reports to the proper committees.

From the best information I can get, I believe that a feeling of deliberation prevails in both Houses of the American Congress and that there is no just reason for the Spanish Government to expect that anything will be done hastily or unjustly.

I avail, etc.,

Stewart L. Woodford.
[Page 1043]
[Inclosure 5 in No. 194.]

Mr. Woodford to Señor Gullon.

No. 92.]

Excellency.

My Dear Sir: At the request of your excellency and by direction of the President I have the honor to communicate to your excellency the following summary, received by telegraph from my Government, of the report made on March 21, 1898, by the United States board of inquiry in the case of the U. S. S. Maine.

The Maine arrived at Habana January 25, 1898. Notice of her intended arrival had been given by the United States consul-general to the authorities of Habana on the preceding evening, and she was conducted by the regular Government pilot to Buoy No. 4, in from 5½ to 6 fathoms of water. The discipline on the snip was excellent, and all her orders and regulations were strictly carried out. The ammunition was properly stored and cared for. The magazines and shell rooms were always looked after, being opened, and after the destruction of the ship the keys were found in their proper place in the captain’s cabin. The temperatures of the magazines and shell rooms were taken daily and reported. The only magazine showing undue heat was the after 10-inch magazine, which did not explode. The torpedo war-heads were stored in the after part of the ship, under the wardroom, and did not explode. The dry gun-cotton primers and detonators were stored in the cabin, aft, and remote from the explosion. The waste was carefully looked after, under special orders of the commanding officer, and varnishes, dryers, alcohol, and like combustibles were stored on or above the main deck. The medical stores were aft, under the wardroom. No dangerous stores were below in any other storeroom.

The coal bunkers were inspected daily. Of those which were adjacent to the forward magazine, four were empty, while one was full of coal. This coal, before it was received, was carefully inspected, and the bunker was inspected by the engineer officer on duty on the day of the explosion. No case of spontaneous combustion of coal had ever occurred on the Maine, and the fire alarms in the bunkers were in working order.

Two after boilers were in use at the time of the disaster, but for auxiliary purposes only, at a comparatively low temperature and under watch, and could not have caused the explosion. The four forward boilers were found by the divers in fair condition.

The Maine was destroyed at 9.40 o’clock on the evening of February 15. Everything had been reported secure at 8 o’clock p.m., and all on board was quiet.

There were two distinct explosions, with a brief interval; the first, with a report like that of a gun, lifted the ship very perceptibly; the second was more open, prolonged, and of greater volume, and was caused by the partial explosion of two or more of the forward magazines.

The evidence obtained by the divers as to the condition of the wreck is more or less incomplete, but it appears that the after part of the ship sunk practically intact.

As to the forward part, the testimony establishes the following facts:

That portion of the port side protective deck which extends, approximately, from frames 30 to 41 was blown up, aft, and over to port. The main deck from approximately frames 30 to 41 was blown up, aft, and slightly over to starboard, folding the forward part of the middle superstructure over and on top of the after part. This was, in the opinion of the board, caused by the partial explosion of two or more of the forward magazines.

But at frame 17 the outer shell, from a point 11½ feet from the middle line of the ship and 6 feet above the normal, the keel was forced up and remained above water, about 34 feet above the normal position. The outside bottom plaiting is bent inboard, and a portion about 15 feet broad and 32 feet long is doubled back upon itself. The vertical keel is broken in two at frame 18, and the flat keel is bent into an angle similar to that which is formed by the plating. This break is now about 6 feet below the surface of the water and 30 above its normal position. This effect could, in the court’s opinion, have been produced only by the explosion of a mine under the bottom of the ship.

In conclusion, the court finds that the loss of the Maine was not due to any fault or negligence of any of the officers or crew, but to the explosion of a submarine mine, which caused the partial explosion of two or more of the forward magazines.

No evidence, however, was obtained fixing the responsibility on any person or persons.

Having thus communicated to your excellency the foregoing summary of the report of the United States board of inquiry in the case of the U. S. S. Maine, I am further instructed to communicate the following:

[Page 1044]

Upon the facts as thus disclosed a grave responsibility appears to rest upon the Spanish Government. The Maine, on a peaceful errand and with the knowledge and consent of that Government, entered the harbor of Habana, relying upon the security and protection of a friendly port. Confessedly she still remained, as to what took place on board, under the jurisdiction of her own Government. Yet the control of the harbor remained in the jurisdiction of the Spanish Government, which, as the sovereign of the place, was bound to render protection to persons and property there, and especially to the public ship and to the sailors of a friendly power.

The Government of the United States has not failed to receive, with due appreciation, the expressions of sympathy tendered by the Government of Her Majesty the Queen Regent to the United States in respect to the loss of its ship and sailors. This fact can only increase its regret that the circumstances of the case, as disclosed by the report of the board of inquiry, are such as to require of the Spanish Government such action as is due where the sovereign rights of one friendly nation have been assailed within the jurisdiction of another.

The President does not permit himself to doubt that the sense of justice of the Spanish nation will dictate a course of action suggested by the friendly relations of the two Governments.

I avail, etc.,

Stewart L. Woodford.