[Inclosure in No.
391.—Translation.]
Mr. Hanotaux to Mr. Eustis.
Mr. Ambassador: As I had the honor of
informing your excellency on the 26th of August last, the
commander of our naval division in the Indian Ocean had been
invited to forward at once to Paris the record of the case
concerning Mr. Waller, ex-consul of the United States at
Madagascar, condemned by the court-martial of Tamatave to twenty
years imprisonment for having corresponded with the enemy.
This record has just arrived in Paris. After examination of the
papers composing it, no doubt can exist as to the gravity of the
charges brought against Waller which caused his
condemnation.
Besides the forwarding of letters without previous authorization,
contrary to the orders issued by the military authorities in
consequence of the proclamation of martial law, it has been
established that in the letters addressed to his wife, residing
at Tamatave, and intended to be communicated to the agents of
the prime minister, Waller gave information on the sanitary
condition and on the supplies of the post of Tamatave. Mention
was also made in these letters of ignominious acts supposed to
have been committed by French soldiers, the false character of
which was demonstrated by the inquest made by order of the
military authorities.
The letters seized allow one to come to the conclusion that
Waller had already previously sent to the Hovas information on
our military situation, and that his stepson, Paul Bray, also
carried on with Mrs. Waller correspondence which might have had
for him the gravest consequences had it fallen into the hands of
the French authorities.
At that period Tamatave was occupied by our troops, and had been
placed under martial law; military operations against the Hovas
had been commenced. The acts of Waller therefore constituted
doings admitted to be punishable by the military laws of all
nations.
Finally, in that same correspondence, Waller, under transparent
initials, denounced to the prime minister, as French spies, two
American merchants who were about to proceed to Tananarivo, thus
designating two of his fellow-citizens to the vengeance of the
Hovas.
[Page 287]
On the other hand, the examination of the record above mentioned
shows that the case was presented, discussed, and tried before
the council of war, as well as before the council of revision
(military court of appeal), in conformity with the regular forms
of military justice, and that the guilt of Waller was
established on documentary evidence (pièces à conviction) shown
to him during the trial and acknowledged by him.
With reference to the desire your excellency was kind enough to
express on August 2 last, that the record in question be
communicated, I have the honor of informing you that the general
principles of our criminal law do not allow that a legal
procedure which ended in a definitive decision can be the object
of any communication whatsoever. These principles should be the
more strictly applied in the case of a prosecution conducted in
conformity with military laws, according to which the procedure
is secret until the accused appears before the council of
war.
Under these conditions I can only express to your excellency my
regrets that I am not in position to comply with the desire you
made known to me.
Accept, etc.,
