The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-07

l n1leSS. Through the kindness OF an
American they were enabled to reach
Mauritius, and when the state depart
ment learned of their restitution there
prompt orders We're given to bring
them TO the United States at the pub
lie expense. They are now on their
way to Paris. All these matters are of
50 recent date that they need only
mention.
CONSUL WETTER.
Consul Wetter's conduct in the case
is now under investigation. One of the
serious things alleged against him is
| that ne had in his ossession the very
| papers that the government is now
! trying TO obtain from France, and that
he let them go. Besides, it will be re-
| nembered that the state department
not satisfied with his report on the
II case, cabled to Consul Campbell, Of
| Mauritius, to go to Tamatave and make
an independent investigation.
Mr.. Walters counsel have not I'D to
this time filed the usual statement Of
facts and law with the state depart
ment, because they, like the officials
! of the department, are waiting for
| the reply of the French government
to the repeated requests made by Min
lister Eustis for copy of the record Of
the court martial that tried and SEN
fenced Mr.. Waller. 1t is upon this rec
ord that the statement Of facts will be
| based, and upon ii also will be founded
| later the demand to be made by this
/ government for Mr.. Walters release,
and for indemnity for the wrongs in
| ficted upon him. While, therefore, the
| counsel in the case are not ready Il this
| time to make a presentation of the facts,
| they are prepared to make statement
of Mr.. Walters position with regard
| to his judges, as defined by information
1 81 1-vr hot
strates absolutely that the action of the
French court-martial was a great out
rage and a reckless violation Of the
| rights of a citizen of another nation.
| Mr.. Walters senior counsel is Mr.. Cram
mond Kennedy of Washington. With
him are associated Hon. John NJ Lang
ston and Warren T. McGuinn. Both of
| the latter, it may be added. are colored
men. Mr. LangstOn is among the lead
ers of his race in the United States,
and besides serving in congress has
held diplomatic posts. These PROPOSE
! tions are:
| 1. That treaties were entered into be-
; tween Madagascar and the United
States in 1867 and 1881. In both, the
sovereignty of the queen over the
whole extent of the island was again
and again asserted on the one hand
| and acknowledged on the other.
United States was bound to respect
and observe those treaties. and also
owed allegiance to the queens govern
( ment while residing in her domains.
3. That the protectorate or para
| mount sovereignty of France over
Madagascar, as asserted by the French
government under the treaty of 1885.
was and is denied and resisted by the
queens government and people, and
hAan rannOn1Zad
United States.
4. That, not in the exercise of the
rights of public war between France
and Madagascar, but by virtue of the
pretended protectOrate or paramount
sovereignty of France over Madagas-
car, Mr.. Waller was tried by a French
military court at Tamatave and SEN
fenced to imprisonment for twenty
years al hard labor on a charge of
communicating with the enemy" the
enemy" being his own wife, living a t
ntananarivo, the capital, who, like
her husband, owed local allegiance to
the queen, under the treaty between
her ma jesty and the United States, I'M
der which our commercial and friendly
relations with Madagascar have so
steadily increa sed.
QUESTION OF TRIAL.
5. That the attempts of the French
officials in Madagascar to force the
queens government to cancel the con-
cession granted by her to Mr.. Waller
We're derogatory alike to the queens
authority and to the treaty of 1881 be-
tween her majesty and the United
States, in accordance with Article X,
by which said concession was granted.
6. That the trial of q citizen of the
United State by French military Off
GERS in a country with which France
is not waging war, and with which the
people of the United States are in the
exercise of friendly and commercial re-
lations under the treaties of 1867 and
1881, is such a violation of the civil
rights and liberties Of an American
citizen as cannot safely or honora bly,
be tolerated by the United States gov
eminent.
Z. That inasmuch as a movement for
a permanent treaty of arbitration with
the United States has lately been made
by the French Chamber, the French
government should be invited, if I'M
willingly to settle this case otherwise,
to submit the questions rising out of the
trial of Mr.. Waller and the deportatio
of Paul Bray by French military Off
GERS in Madagascar to the final decision
of arbitrators to be appointed by the
two governments.
In these propositions allusion is made
public war" in Madagascar. That IL
fusion is explained thus by students of
international law: Belligerent rights,
including the right to establish martial !
law on the part Of the invader belong
to a state of public war. While. as a
general rule, a formal declaration OF /
war may not be necessary, in the mod
ern practice of nations to constitute a
public war, the custom is 10 make such
a declaratio prior to the commence
ment of hostilities and the institution
or martial law in a war of invasion
and conquest where the commercial and
civil interests of foreigners Will be SER
ioCsly affected, as in the case of the in
vasion of NADIA gascar by the French !
forces. The United States and other |
nations We're in the exercise of extra |
territorial rights secured by treaties !
50 that foreigners were not subject TO |
the jurisdiction of the domestic tribu- |
nails. but to courts of their own consuls |
Now, to make such a radical change !
in the situation Of foreigners as the es-
adjustment of martial law created. |
every formalty. including adequate no. |
tice TO all concerned. should have been |
observed by the French authorities.
But the French government in 1883. !
when il invaded Madagascar and took |
military possession of Tamatave, de- |
MED that ii was waging war against |
Madagascar and claimed (when inter |
pellated in the chamber OF deputies) 1
that its operations in that country were /
conducted in the exercise Of police pow |
ers incident 10 the protectorate or par /
amount sovereignty asserted by /
France over Madagascar.
RIGHTS OF THE UNITED STATES. |
The present military operations Of |