Office of the Historian

Mr. Eustis to Mr. Olney.

Embassy of the United States,
Paris, November 22, 1895. (Received December 2.)
No. 409.]

Sir: Referring to the Waller case, I send herewith copies of the following telegrams and letters:

1.
Your telegram with reference to change made in note of the 7th November and asking me to ascertain if pardon is acceptable to Waller. (Received November 17, 1895.)
2.
My letter to Mr. Waller making the above-mentioned inquiry November 18, 1895.
3.
My telegram of the 18th to you, explaining change made in note of the 7th.
4.
Note from Mr. Berthelot, in reply to my note of the 7th, refusing communication of the record and stating his willingness to pardon, (November —, 1895,) received on the 21st
5.
Translation of same.
6.
My telegram of 21st, sending substance of the above note.
7.
Telegram from Mr. Waller maintaining his right to claim indemnity, November 22.
8.
My telegram conveying Waller’s resolution to the Department.

I have, etc.,

J. B. Eustis
.
[Inclosure 1 in No. 409.]

Mr. Eustis to Mr. Waller.

Embassy of the United States,
Paris, November 18, 1895.

Dear Sir: I believe your pardon can be obtained. Its acceptance involves the admission of the validity of your trial, and would bar your right to any claim on that account. Let me know whether pardon under such terms is acceptable to yon. Release might be obtained within a very short delay. I make this inquiry by instruction of my Government.

Reply by telegraph if you can.

Respectfully, yours,

J. B. Eustis
.
[Inclosure 2 in No. 409—Translation.]

Mr. Berthelot to Mr. Eustis.

Paris, November, 1895. (Received November 21.)

Mr. Ambassador: Your excellency was kind enough to make known to me on the 7th of this month that he was directed by his Government to renew to the French Government the request for the communication of the record of the proceedings against Mr. Waller, an American citizen, condemned to twenty years’ detention by the military court of Tamatave for corresponding with the enemy.

Your excellency recalls that in response to the request he presented to my predecessor, Mr. Hanotaux had informed him that the general principles of our criminal law did not permit the communication of a legal procedure terminated in a definite judgment. While appreciating the amiable spirit in which this affair has been treated by Mr. Hanotaux, you express the fear that the refusal of communicating the record will give rise to unfavorable interpretations, and you point out the value the Government of the United States would attach to its request being acceded to.

In reply to your desire, I did not fail to submit the question to a fresh examination. I found, as did my predecessor, that the affair had been deliberated upon and judged, as well before the council of war as before the council of revision, in accordance with the regular forms of military justice, and that no criticism whatever can be made under this head against the decision arrived at, which is to-day classed as a matter passed upon.

I find, also, that the communication of the record would be contrary to the rules of our criminal law as well as against all precedents in like matters.

Consequently, I can not but express my regrets at not being in a position to give satisfaction to the request in question.

I hasten to add that I fully share the views of my predecessor as concerns the advantage there would be to terminate this affair, and that I will willingly take the initiative in a measure of clemency in favor of Mr. Waller as soon as your excellency will have been good enough to make known to me the adhesion of his Government to this solution.

Accept, etc.,

M. Berthelot
.
[Inclosure 3 in No. 409—Telegram.]

Mr. Waller to Mr. Eustis.

Nimes, November 22.

Maintain my right of claim for indemnity. Have written.

Waller
.