Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1896-10-26
WEYLER KNEW BETTER.
General Lee and Cuban
Authorities.

Washington, D. c., Oct. POT is stat
ed by officials that the reports coming
from New Orleans as to IN exciting con-
troversy at Havana between Gen. Fitz-
hugh Lee, United States consul-general,
and Gen. Weyler over the attempted APP
prehension of a Mexican named Eernan-
DEE on board of an American ship Wig
ilancla give a significance and import
ance to the event not warranted by the
facts.
If there was any apprehension that
war would result, that feeling must have
been confined entirely to Havana, for
the law on the subject is so clear and
it's application has been SO firmly estab-
lished by precedent that the officials here
were in no doubt as to the outcome.
Consul General Lee has not informed
the state department of the affair and
the fact that he did not deem it worthy
of the expense of cabling, but will treat
it only in the routine way through mail
reports, is evidence of the Importance he
accorded to the incident. The Spanish
authorities received Havana advices full
ly explaining the case, but these advices
were of an entirely pacific character and
treated the matter as an incident which
had been satisfactorily adjusted between
Gen. Weyler and ConsulGeneral Lee
without any breach of their friendly re-
lations.
The facts as reported are substantially
these: Gen. Weyler ordered the arrest
of Fernandez as q suspect, not knowing
at the time Of the issuance of the order
that he was on board of an American
ship. Later Gen. Lee notified the Span
ISL authorities that the Vigilancia was an
American ship which under our treaty
rights had an immunity from search and
seizure for suspects in transit to other
Q0opdQH
the position taken by Gen. Lee and the
affair ended. No protests or claims were
submitted to Washington by either side.
1t is said positively that the reports that
Gen. Weyler even contemplated firing on
the Vigilancia. or trained the guns of
MORO castle Oh the Warship, are incor-
rect.
The doctrine maintained by the Unit
ed States in cases like that of Fernan-
DEE is that any foreign ship not ma
tional vessel or man-of-war entering
port subjects herself to the laws of the
place. Consequently if there should be
on board fugitive from justice he can
be reclaimed by the local officers provid-
ed it is done strictly according to due
process of law. 1t is in just this pro-
viso that Fernandez found safety and
in his case is a parallel to that of the
American merchant, Samuel Tolon, who
was taken off an American steamer at
11dVGuH UuL dll0IWdIuS was 1C1CdoOQ ny
the Spanish officials upon Consul-Gen-
eral Lees demand. In Tolon's case the
Spaniards failed to follow due process of
law, but arrested the man under military
process, and it is supposed from the
press reports that this was attempted
in Fernandez's case.
Capt Gen. Weyler has all along main
tanned that the operations Of civil law
were frequently suspended in Cuba dur
ing the progress of the rebellion and that
martial law reigned supreme. Under
this construction he arrested Tolon and
doubtless attempted to arrest Fernandez.
But the United States has taken the con-
trary position and in this has been sus-
tanned by the superior authorities at
Madrid, who beyond question foresaw
that if they supported Weyler's conten-
ton it would amount to such an admiS-
sion of the existence of state of actual
war as would not permit of the further
delay Of recognition by foreign powers,
and perhaps even the graver steps of
formal recognition of the Independence
of the insurgents.
Therefore the only manner in which
Fernandez could have been held by Wey-
Ter would have been under civil process
and it is assumed that either he had no
opportunity to complete the necessary
formalities or found himself lacking in
the proof that would be required to sus-
tain his case before the civil courts Of
CIuh9