Evening star., 1896-10-20
WILD HAVANA RUMORS
Denial Of Trouble Between General Weyle1
and General Lee.
Suspect Arrested on tan American
the United States Recognized.

1t is statQ1 by government officials that
the reports coming from New Orleans as
to an exciting controversy at Havana be-
tween Gen. Fitzhugh Lee, United States
consul general, and Gen. W.yler over the
attempted apprehension of Mexican
Eamej Fernandez on ooard Of the Amer
lean ship Vigiiancia. give a Significance and
Importance 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 its
application has been so firmly est tablished
by precedent that the officials in this city
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 1t
only in the routine way through mail re-
rorts, is evidence of the importance he
accorded to the incident. The Snanish
authorities received Havana advices fully
explaining the case bu. these adyicps were
CT an entirely pacific character and treated
the matter as an incident which had been
satisfactorily adjusted between Gen. Wev-
Ter and Consul General Lee without anv
breach of their friendly relations.
The facts as reported are substantially
tnese: Ger. Weyler ordered the arrest of
Fernandez as suspect, not knowing at tho
time of the issuance Of the order that he
was on board an American shin Later
Gen. Lee notified the Spanish authorities
that the Vigilancia was an American shin.
which, under our treaty rights had an inn
munity from search and seizure for sms-
poets In transitu to other ports Gen. Wey-
Ter promptly acceded to the position taken
ny Cen Lee ,and the affair ended. No pro-
tests or claims were submitted tn wasbi,g
ton by either side. 1t Is said positively that
the reports that Gen. Weyler ever contem
plated firing on the Vigilancia or trained
the guns of Moro Castle on the ship are
incorrect.
Not the Due Process of Law.
The doctrine maintained by the United
States In cases Kke that of Fernandez is
that any foreign ship not a national vessel
or man-of-war entering q port subjects her.
self to the local laws Of the place. Conse-
qrently. II there should be on board a fugi-
tive from justice, he can be reclaimed bv
the local officers provided 1t is done strictly
according to due process of law
1t Is In just this provfso that Fernandez
found safety. and in his case is parallel
10 that OF the American merchant. Samuel
Tolon, who was taken off an American
steamer at Havana, but afterward was re.
leased by the Spanish officials upon Consul
General Lees demand. In Tolons case the
Spaniards failed to follow due process OF
law, but arrested the man under military
process and 1t is supposed from the press
reports that this was attempted In Fernan.
deZ case. Capt. Gen. Weyler has all along
maintained that the operations of civil Law
were entirely suspentiid in Cuba during the
progress of the rebellion, and that martial
law reigned supreme.
Under this construction ne arrested Tolon
and doubtless attempted to arrest Fernan-
dez. But the United States has taken the
contrary position. and in this has been sus-
tanned by the superior authorities at Mad
rid. who. beyond question, foresaw that if
they supported Weyler's contention it
would amount to such an admission of the
existence of state of actual war as would
not permit of the further delay of recog-
| milton by foreign powers and perhaps of
even the graver steps of formal recognition
of the independence of the insurgents
nandey could m have have been held Id b,'cN bV Weyer Seer
would have been under civil process, and 1t
is assumed that either he had no oppor-
tunity to complete the. necessary formali-
| ties or found himself lacking in the proof
that would be required to sustain his case
before the civil courts in Cuba.