Mr. Olney to Mr. Eustis.
Washington, December 3, 1895.
Have yours of 2d instant. Yours of June 22 states purpose of request for evidence to be that this Government may determine whether an American citizen has been justly dealt with. As a general proposition nothing can be more correct. But its particular application to the evidence requested must be borne in mind. This Government can not make itself a court of errors and appeals for the correction of mistakes of law or fact committed by the judicial tribunals of a foreign State. If the foreign court has jurisdiction under the foreign law, if all its proceedings are regular according to that law, if the accused has opportunity to defend in person and by counsel, and is in no way discriminated against, this Government can not challenge the conclusions of the court, because in its opinion those conclusions ought to have been different. Hence, as to the Waller evidence, the question is not whether this Government thinks that the court did not give proper weight and effect to such evidence, and that in that view Waller was done injustice by being convicted when he should have been acquitted. It is whether there was any evidence sustaining the charges; whether there was such a total absence of proof as to make it clear that justice was denied and that the trial was a farce. I am thus explicit in stating the view of the law here entertained, because it may prove to be important, and that there may be no misunderstanding between the Department and yourself. Is not your view of the law the same?