Omaha daily bee., 1896-02-12

! tho court martial, Mr. Eustls submitted the
| record to an eminent French lawyer TO get
| his opinion upon the validity OF the proceed
| iugs, and he found that they could not he
challenged through the courts, When the
evidence was produced and showed Walters
guilt. Il was realized that an attack upon the
records could even II successful upon pure
techncalitics do no more than accomplish
| Walters release. Damages could only be
sought latet.
CANNOT PRESS THE CLAIM
But" says Secretary Olney, "in view Il
Wallers wiliul and culpable attempt against
the French authorities In Madagascar Il is
manifest that no claim fer damages en-
Walters account could be properly pressed
by the United States or could be expected to
be paid by the French government. So.
though Waller has been deprived by the
French Of his liberty for nine or ten months.
1t cannot be said that the penalty {, which
H. has been subject has been djsrroportion-
ate to his ofTense On the contrary, the
penalty, regarded as the outcome Of lawful
proceeding. would universally be regarded as
a moderate one.
ACCEPTED THE FRENCH PROPOSAL.
In these circumstances, after urgent repre-
sontations by this government an offer was
made by the French government to release
Waller frcm further Imprisonment and par
don his ofrense upon the condition that the
AFFAIR be thereby terminated as between the
two governments and that the United States
SnOulu make no claim IN behult OF the priS-
oner based upon his arrest, conviction or
imprisonment The acceptance Of this offer
seemed to be 50 favorable to Waller, and in
view of all the facts so consideratc toward
our government. that under the direction Of
the president, our ambassador to France has
been instructed to give notice of such ac-
ceptance OH our part and to exchange tho
notes necessary to carry out the arrange
ment.
waller has not consented to this adjust
mcnt and still insists that he should receive
compensation from the French government
The fact that has not been overlooked. that
Waller is reported to have at that time
declared that upon the VOYAGE from Tama-
tave to Marselles he was subjected to gross
personal indignity and abuse. In view, how
ever, Of the intrinsic imprcbabity of the
charge, of It's never having been repeated
even by Waller himself, or there being no
alluson to 1t in the narratives of his wife
and stcpson, OF the alleged maltreatment
forming no part of Waler's specification of
his Injuries and ella ms for damages as COM
municated to Mr.. Eustis, and of the proven
unreiiability and malice of Walters COM
plant CT cruelty practced upon him on ship
board, II is rejected as either wholly unfounded
or at the best grossly exaggerated. The
French government at once denied the cruel
ties charged and insisted that they could
never have been inflicted. but undertook at
the request of this government to discover
and punish any persons found guilty of them.
1t at the same time declared however, that
even If the complaint should prove to be we'll
founded, it could not entertain any claim of
damages for Waller preferred by the United
States, because the French tribunals were
open to him and he could pursue his RENE
dies there either against the government
private individuals in the same manner and
with the same effect as could any French cit
izen under like circumstances This position
of the French government-that claims of
aliens cognizable by the courts Of foreign
country cannot be made the subject of dplo-
matte Intervention unless there has been
palpable failure of justice, after all local
judicial remedies have been eyhausted-is
one upon which this government has often
insisted and of which 1t has often availed
itself Its applicability to the case of Waller
was confirmed by the opinion Of the emf
nent French lawyer already referred to-.
Mr.. Eustis has already been instructed to
supply Waller with the means of transporta
ton to the United States should he desire
to come here. 1t may be added part of
the history Of the case that when the family
of Waller was left in destitute circum-
stances the department instructed it's repre-
sentative to provide for their present neces-
saries and furnish them means Of getting to
the United States. That relief was accord
ingly extended to them, the charges to which
this government has thus far been put
amounting to $1,317.14.