The Superior times. [volume] (Superior, Wis.) 1870-1912, 1896-10-24
WElLER KNEW BETTER.
No Controversy Between Consul
General Lee and Cuban
Authorities.

Washington. u. C.. Oct 2O-It is stat
ed by officials that the reports coming
from New Orleans as to an exciting con
troycrsy ut Havana between Gen. Fitz-
hugh Lee. United States consul-gencral,
and Gen. Wcylcr over the attempted ap-
ITchension of a Mexican named Fernan-
deZ on board of an American ship Wig
IlancIa give Il significance ana import
ancc 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 50 clear and
its application has been so firmly cstab-
liShrd by precedent that the officials here
were in no doubt aS To the outcome.
C.nSul-Gcncral Leo 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
il only III 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 ease, hut these adyiceS
were Of an entirely pacific character and
treated the matter as an incident which
had been satisfactorily adjusted between
Gen. Wcyler and COnSul-Gencral Lee
without any breach of their friendly re-
iationS.
The facts as reported arc substantially
these; Gen. WcylCr ordered the arrest
of Fernandez as a suspect, not knowing
at the time of the issuance of the order
that hc was on board of an American
sip. Later Gen. Lee notified the Span
iSlI authorities that the NigilanCia was an
American ship which under 0ur treaty
rights had an immunity from search and
seizure Tor suspects in transit TO other
ports. Gen. Weyler promptly aCccdcd to
the position taken by Gen. Lee and the
affair ended. No protests or claims were
submitted to Washington by either side.
i Is said positively that the reports that
Gen. Ncylrr even contemplated, firing on
the NigiIancia, or trained the guns of
MORO castle on the warShip, are incor-
rect.
The doctrine maintained by the Unit
Cd StateS IL cases like that of Eernan-
dez is that any foreign ship not ma
tOnal vessel or man-of-war entering a
port subjects herself to the laws of the
place. Consequently if there should be
on board Il fugitive from Justice he can
h" reclaimed by the local officers provid-
ed II is done strictly according 10 due
process of law. 1t is in Just this pro
yiso that Fernandez found safety and
in his case * Il parallel to that of the
American merchant. Samuel TOlOn. who
was taken off an American steamer at
Havana hut afterwards was released by
the Spanish officials upon Consul-Gcn-
cral Lees demand. In Tolon's ease the
SpamiardS 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 FcrnaudcZ'S case.
Capt.-Gcn. Wcylcr has all along main
tanned that the operations of civil law
we're frequently suspended i'm Cuba dur
ing the progress of the rebellion and that
martial law reiGnCl supreme. Under
this construction he arrested Tulon and
doubtless attempted to arrest Fernandez.
But the | uitod States has taken the con
trary position and in this has been suS-
tanned by the superior authorities at
Madrid. who beyond question forcSaw
that if they supported Wcyler's contcn-
ton it Would amount to such an admis-
sion Of the existence of 4 state of actual
war a. would not permit of the further
delay of recognition 10y foreign powers
and perhaps even the gravcT steps Of
formal recognition of the Independence
of the insurgents.
Therefor" the only manner in which
Fernandez could have been held by Wey-
Ter would have been under civil process
AMI il * assumed that either he had no
opportunity 10 complete the necessary
formaliticS or found himself lacking in
the proof that would hc required 10 SuS,
tain his case before the civil courts Of