File No. 11893/13.
The Secretary of State to the Cuban Minister.
Washington, August 4, 1909.
Sir: I have the honor to acknowledge the receipt of your note of May 15 last,1 in which you refer to the Department’s note of April 29, 1908, and inquire whether any decision has been reached concerning the rights of the Cuban Government in the wrecks of all Spanish war vessels destroyed in Cuban waters in 1898.
In reply I have the honor to advise you that the result of the careful investigation given to the matter is to raise a very serious doubt as to the competency of the executive branch of the Government to dispose of the property rights of the United States in the wrecks of the Maine and in the wrecks of the Spanish vessels destroyed by the naval forces of the United States in the war of 1898. This doubt is emphasized by the circumstance that several bills have been considered by Congress, all based on the proposition that the wrecks of the Maine (and by implication, of the other vessels) are the continuing property oi the United States and as such subject to such disposition as Congress may order.
In view of this, it is the purpose of the Executive to relegate the question of the disposition to be made of the vessels to the Congress at its approaching regular session.
Accept, etc.,
- Not printed.↩