The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-01-09

even in the case Of arrests. be suspended
for important State reasons, and that
notice need then not be given until after
wards.
There win always be such urgency
when. owing to the delay OccasiOued by
the transmission OF the notice to the con-
sui concerned, the object of the proceed
ings cannot be atfaineds or can be OBJ
tanned but partially; and when, as In
examinations. there Is cause to fear that
the true state Of the case will be obscured
or that the apprehension of the guilty
parties will he rendered impossible.
These points are applicable to the ar
rests that were made during the night,
between October 4 and 3, 1889, since the
HobOken policeman. in consequence of
the bloody affray between them and the
firemen OF the Elbe, which had taken
place on shore during the evening, rushed
on board OF that vessel in quest of the
offenders after they hat obtained rein
forcements quasi uno acto) and there
made arrests.
While IL is admitted that il was i'm
practicable TO notify the Imperial Consul
General In New York OF the arrests be-
forehand, 1t was all the more the duty of
the American authorities to inform the
proper German officer the next morning.
The violence used by the Hoboken police
men IN making these arrests. especially
in the case of those who had not been
concerned in the affray, is deserving OF
censure.
While it is admitted that the policemen
were excited, still they went much
There was no occasion for acts of violence
on board. since no resistance was offered.
The maltreatment OF the men while un-
der arrest and of the officers who stood
upon the gang plank, where there was a
bright light, SO that they were more
especially censurable.
The grounds which existed for the
omission previously to notify the Imper-
ial Consul General in New York of the
first arrests did not exist for the omission
so to notify that officer of the additional
arrests that were made lat midday on the
9TH of October, 1889, nor were there, in
the latter case. any grounds for such
omission similar to these existing In the
former one.
As regards the Interpretation of para
graph 3. article 12, which requires that
notice shall be given to the consular OIL
GERS. to enable them to be present at any
depositions or statements 10 be made by
officers or persons belonging TO the crew,
no difference of opinion exists between
the two governments.
With regard to paragraph 2 l would
further remark that the United States
Government. as long ago as 1873, in
structed its Minister at Berlin to present
a complaint when Prussian police officers
arrested the captain, first mate aud cook
of the American vessel Xenia, then lying
in the harbor of Geestemunde: these ar
rests were made partly on board of the
Xenia and partly on land, oa the grou nd
OF charge of swindling that hud bee n
brought against the cook, and no previ-
Gus notice thereof had been given to the
competent American Consul The I'm
aria io1 hof ha
ticn Of the Prussian authorities did not
meet with its approval.
In obedience to the instructions OF my
government, have the honor, Mr. Secre-
tary OF State, most respectfully to inform
you that, as far as the details of this
case are concerned 1t admits that pre-
vious notification of the Imperial Consul
General concerning the arrests made on
board of the Elbe during the night be-
tween October 4 and 5, 1882 was i'm
practicable, but that the omission
promptly TO notify that officer sub
seqltently, of those arrests. was unwar-
rantable; also that the violent proceed
ings of the Hoboken policemen, es-
pecially in the case of innocent men be-
longing to the crew of the Elbe, can
not be justified, as to the add
tional arrests that We're made ON board
of the Etbe at noon on the 5th of October,
1889, and the examination of the parties
arrested. the omission in both cases by
the American authorities to give previous
notice to the Imperial Consul General
constituted, in the opinion Of my govern
ment, a violation of article 12. para
graphse2 and 8, of the Consular Conven-
ton OF December IL, 1871.
have the honor to endorse certified
copy of the judicial proceedings held in
this case on the 26th of October 1889 most
respectfully requesting an expression OF
the views of your department with re-
avail myself of this occasion to offer you.
Mr.. Secretary of State, renewed assur.
ance of my most distinguished consider
ton. ARCO.
HoN. JAMES G. BLAINE,
Secretary of State OF the United States,
Washington.