Mr. Olney to Mr.
Eustis.
Department of State,
Washington, March 30,
1896.
No. 635.]
Sir: The Department is in receipt of a dispatch
from Mr. E. T. Wetter, United States consul at Tamatave, No. 130, of
February 18, 1896, treating of political and general news to Madagascar,
from which I take the inclosed copy of a letter addressed by Mr.
Ferraud, the French resident at Tamatave, of February 18, 1896, to Mr.
Wetter, announcing the raising of the siege and stating that from that
date American citizens would be under French jurisdiction.
I inclose also a copy of Mr. Wetter’s reply of the same date, requesting
that the contemplated transfer of jurisdiction be suspended until he
could receive instructions from his Government touching the matter.
It becomes necessary, in this connection, to apprise you of the receipt
of a note from the French ambassador, of February 12, 1896, saying that
his Government had been led, by difficulties that it had encountered in
exercising its protectorate over Madagascar and in insuring guarantees
for the future, to take final possession of the island.
On the 26th of February last I replied to Mr. Patenôtre that the
Department had noted the contents of his note “with due reserve as to
the effect of the action of the Government of France upon the treaty
rights of the United States.” Copy of this correspondence is also
inclosed.
In view of the foregoing facts, you are instructed to request of the
Government of France an explicit statement of its understanding of the
effect of this “definite occupation” of the island of Madagascar, in
regard to the rights and privileges conceded to the Government of the
United States by its existing treaty of peace, friendship, and commerce,
concluded May 13, 1881, modifying its previous treaty of February 14,
1867.
[Page 120]
It is desirable to know whether that treaty is to remain operative or to
be replaced by our treaty engagements with France. At any rate, the
precise status of this Government in the matter should be positively and
clearly defined.
I am, etc.,
[Inclosure 1 in No.
635—Translation.]
Mr. Ferraud to
Mr. Wetter.
Tamatave, February 18,
1896.
No. 2.]
Mr. Consul: I have the honor to inform you
that by virtue of an order emanating from the Resident-General of
the French Republic, the state of siege in the town of Tamatave will
be raised from the date of to-day.
I think I ought to recall to you on this occasion that Madagascar
having become a French possession, justice will be henceforth
rendered to your nationality and those under its jurisdiction, by
the French tribunals, according to the terms of competency provided
for by the decree of the President of the Republic of date the 29th
December last.
Be pleased to accept, etc.,
[Inclosure 2 in No.
635.]
Mr. Wetter to
M. Ferraud.
Consulate of the United States,
Tamatave, February 18, 1896.
Sir: I have the honor to acknowledge the
receipt of your letter No. 2 of to-day’s date, wherein you are kind
enough to inform me of the raising of the “state of siege” in the
town of Tamatave.
In the latter part of your said epistle you make use of these words:
Je crois devoir vous rappeler, à cette occasion, que
Madagascar étant devenuo possession française, la Justice
sera désormais rendue à vos nationaux et ressortissants par
les Tribunaux français dans las conditions de compétence
prévues par le décret de Monsieur le Président de la
République en date du 29 Décembre dernier.
In view of the fact that no notice has been at any time received by
me, as consul of the United States, in any way establishing the fact
set forth by your said words, “that Madagascar had become a French
possession;” in view of the fact that where inquiry was made of the
military authorities of France in Madagascar, with the sole view of
enabling my Government to instruct this consulate promptly as to any
change in its judicial or quasi diplomatic functions, said inquiry
was refused any satisfaction; in view of the fact that as yet no
instructions have been by me received from my Government permitting
me in any manner whatsoever to accept or acquiesce in any abridgment
or change of American interest and of the powers of this consulate
under the treaty of 1881–1883, I find myself compelled, Mr.
Resident, to insist that the status of Americans and the functions
of this consulate must remain intact and unchanged until such time
as instructions can be obtained from the Government of the United
States as will enable me to meet the wishes of your Government in
this matter without violation of my instructions or prejudice to the
dignity and rights of my nation.
[Page 121]
It is barely possible that the incoming mail may enable me to do
this. In any case it will mean but a short delay to your Government
and will serve to avoid all friction and complication, an object
which I feel sure you will join me in desiring.
I am, etc.,
Edw. Telfair Wetter,
United States Consul.
