Mr. Eustis to Mr. Olney.

[Telegram.]

The reply of French Government received. Record refused with expression of regrets on grounds stated before. The minister has again examined the record and finds that the trial was regularly conducted before the court; states that no criticism can be made on that account. He concludes as follows:

I hasten to add that I fully share the views of my predecessor with regard to the advantage to he gained by terminating this affair, and that I will willingly take the initiative of a measure of clemency in favor of Waller as soon as your excellency shall have made known to me the adhesion of his Government to this solution.

I could not act upon your telegraphic instructions of the 6th so long as the request for the record was pending. Now that we are informed officially that it can not be communicated, I respectfully request more definite instructions. Those cabled the 6th were that I should ask the release of Waller as a matter of right, or as a matter of grace without conditions. Please indicate which of the two courses indicated I am to take. If the former, shall I base the demand exclusively on the refusal of the record? I see no difficulty in asking for the unconditional pardon, except that I do not think it can be obtained, as minister for foreign affairs’ note shows that he adheres to Mr. Hanotaux’s proposition to pardon on condition that this would end the matter.

Eustis
.