The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-10-21
MADE TOO MUCH OF
LEE-WEYLER CONTROVERSY Has A
NEW FACE PUT ON IT.

Way Among the AncousistenC'eeo % AAo'
Own false and Conflicting Claims
Foreign News in General.
Washington, Oct. 29.-It is stated by
officials that the reports coming from
New Orleans as TO an exciting contro-
versy at Havana between General fftz-
hugh Lee, United States consul gener-
al, and General Wyler over the at
TEMPTED apprehension of an American
named Fernandez on board the Anreri-
can ship Vigilancia give slSnlicance
and Importance TO the event not war
.Santed by the fac1s.
If there was any apprehension that
war would result, that feeling must
bay,> been confined entirely to Havana,
for he law on the subject is so clear
and lis application has been so flriniy
esta fJiislhed by precedent that the Of
6.ials here were IN no doubt as to the
outcome. Consul General Lee has not
Informed fine state department OF the
affair ind the fact that he did hot
deem it worthy Of the expense OF cab
ling. but VIII treat it only in the rou-
tine way through mail reports, Is evl-
dence of the Importance he accorded 10
the incident. The Spanish authorities
received Havana aGsvices FULLY explaining
the case, but these advices We're OF an
entirely Pacific character and treated
the matter as an incldent Which hao
S.an satisfactorily adjusted between
Con.raI Wv1,r and Consul General Lee
w;thont auy b-each of their friendly re-
1ations The facts, as reported, are sub
stantiaily these:
General yyeyler ordered the arrest OF
E,a,,,a ndez as a suspect, not knowing at
the time Of the issuance OF the order
that he was on beard an American ship.
later General Lee notified the Spanish
authorities that the Vigilancia was an
American shin. which, under our treaty
rights. had au immunity from search
and seizure ftT SUSPECTS in transit to
other pofxs. General Weyler promptly
scceded to the position taken by Cen
eral Lee and the affair ended. No pro-
test or claims Mere submitted to Wash
ington by either sid>e 1t is said posi-
lively that the repol Is that General
Weyler ever contempiat.e firing on the
Vigilancla, or trained the guns OF MORO
Castle on the ship, are IN. orrect Inc
doctrine maintained by lhe United
States in cases like that of hernandez
is that any foreign ship not a national
subjects herself TO the local laws OF the
place Consequently, if there should
De on board fugitive from justice he
can be reclaimed By the local officers,
provided II is done STRICTLY according
to due process of laH. II is in just
this proviso that Fernandez found safe
ty, and in this case is a parallel TO that
of the American merchant, samuel
Tolon, who was taken of an a merlcan
steamer at Havana, but afterwards was
released by the Spanish officials upon
Consul General Lees demand. In
Toion's case the Spaniards failed TO
follow due process of law, but arresteG
the man under military process, and it
is supposed from the press reports that
this was attempted in FenandeZ's case.
Captain General Weyler has al along
maintained that the operations OF civil
law were frequently suspended in Cuba
during the progress of the rebellion and
that martial law reigned supreme.
Under this construction. he arrested
Tolon and doubtless attempted to ar
rest Fernandez. But the United States
has taken the contrary position and in
this has been sustained by the superior
authorities at Madrid who beyond ques-
ton foresaw that if they supported
Weyler's contention, it would amount
to such an admission of the existence of
a state OF actual war as would not per-
NIT 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
Weyler 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 re-
Guired to sustain his case before the
civil courts of Cuba.
NO RECOGNITION.
It can be stated on good authority
that there has been no change in the de-
clared policy of the government with re-
spect to Cuba, nor is any contemplated.
AS is web known, the sympathies of the
administration, as individuals, in a
large measure, are with the insurgents,
but if they gain their independence, it
will be without any intervention, other
than amicable, on the part OF Mr.. Cleve-
land. From the inception of the pres
ent difficulties in Cuba the administra-
ton has used all reasonable diligence to
prevent the fitting out in this country of
Z
authority in Cuba. and this vigilance
will be continued. The government has
taken this course for the purpose Of
showing to the world that international
Jaw is held sacred in the United States,
and also for the purpose Of making il
impossible for Spain 10 successfully
prosecute amy claims against the Unit
ed States for damage growing out OF
| fllibustering expeditions. as might be
the case were the officials less alert in
preventing such expeditions and in
prosecuting offenders.
WHY SEALED ORDERS.
II can be stated, also. that the send
ing of the revenue cutter Window 20
sea with sealed orders has no special
significant whatever, beyond the pUr-
pose Of the treasury department officials
to keep secret from Cuban agents the
movements Of the revenue fleet Hith-
erto insurgent agents in this cou1 try.
in. Jugh Cuban sympathiZers. have man
aged 20 secure all necessary infoTna-
ton regarding any contemplated move
msnt, even in advance OF our Own Of
flcers. and as a result the purposes %
the government have been defeated
This has occurred 50 often tse oficis
have determined 10 stop IL, as far
possible, by issuing sealed orders TO
captains OF revenue cutters. which e.
ders are not 10 be opened until well cui
20 sea