of "commissary," combining, as it appears, in one person the dual functions of a magistrate and police constable. This functionary, as it further appears, acting at once as judge and executioner, directed his subordinates to pinion Wheelock's arms behind his back, and compelled him to march a mile from the place of arrest-Chilé-back to the mining camp. The cards with which his arms were bound cutting into his flesh, Wheelock paid, to one of the armed guards who were driving him, $5 to have the cords loosened a little. This guard then stepping back a short distance, a second one stepped up and again tightened them, when a third offered to slacken the cords for another $5, which offer was, however, declined by the unfortunate prisoner. Arriving at the scene of the supposed larceny, Mr. Wheelock was requested by the commissary to confess what he had done with the Italian's money. Upon replying that he knew nothing of it, his arms were again tightly pinioned behind him by the orders of this same officer, and he was suspended, by the cord with which his arms were bound, from a peg in the wall at a height which took his feet some distance from the ground. Again asked to confess, he protested his innocence. The mode of torture was then changed, a slipnoose was made, the rope was put tightly around his body, and he was suspended in mid air, with the fore part of his body bearing towards the ground. Still refusing the invitations to confess, he was, when nearly dead, taken down. He was then taken to the woods, half a mile distant, and from a strong rope stretched between two trees he was suspended by cords tightly tied around his ankles, with his head down but not so as to reach the ground. Again urged to confess, Mr. Wheelock indignantly denied his guilt. Failing through all these barbarous methods to wring a confession from Mr. Wheelock, this inhuman official committed him to jail, when, after remaining there a few days, his case came in order before the district court, and, after a full and searching investigation before that tribunal, Mr. Wheelock was honorably acquitted and discharged, with the personal assurance from the district judge that "there was nothing whatever found against him, not even grounds for a suspicion of the offense with which he had been charged." It is unnecessary to comment on proceedings of the character of these by an officer of a civilized government, perpetrated under the guise official authority. Such atrocities as resorting to "the torture" to extract a confession of guilt from persons accused of crime, are now, hap pily, considered by all civilized governments and peoples as belonging to an age long past, and it might well have been hoped that such inhu man cruelties would never have found an opportunity for revival in any of the constitutional governments established on this continent. Believing, as I did, when the transaction was first brought to the attention of this government, and as I do not now allow myself to doubt, that the Government of Venezuela shared in this common sentiment of abhorrence of such practices, and conceiving that the enlightened sense of justice of that government, strengthened by the recollection of the long and unbroken friendship which has heretofore subsisted, and still subsists, between the people and Governments of the United States and Venezuela, would at once prompt it to disavow the conduct of this unworthy official, by degrading him from his office and handing him over to the proper tribunals for trial and merited punishment, and, at the same time, spontaneously making to the victim of his cruelties the only re maining reparation it could for his wrongs by a reasonable pecuniary indemnity, the instruction which I forwarded in January last was conceived in the most friendly spirit toward the Venezuelan Govern ment, as it was dictated in the most moderate tore. It is, therefore, with the greatest regret and surprise that this government receives the information conveyed to you in the note of Mr. Saavedra of the 24th of August, giving the result of the promised investigation into the conduct of Señor Sotillo, the author of the illegal and cruel acts from which Mr. Wheelock suffered. The minister of exterior relations states in that communication that "Two judges, the departmental of Roscio and that of the first instance of the State, had decided in accord and successively that there did not exist merit for continuing the proceeding (sumario), nor for ordering the arrest of Señor Sotillo." Upon what character of evidence this conclusion was reached does not appear from the minister's note. It is sufficiently evident that neither the testimony nor deposition of Mr. Wheelock formed any part of it; nor is there any inimation that the facts as first stated by Mr. Wheelock were refuted or even lirectly controverted, beyond the suggestion that he had exaggerated them. That the successive decisions of the two judges were submitted to the executive authorities of Venezuela, is evident from the further statement of Mr. Saavedra that "Doctor Parejo, actual President of that state, notwithstanding the investigation had terminated, moved excito) the tribunal, with vivid earnestness, to open it de novo." "Such," says Mr. Saavedra, "is the state of the matter," and he concludes by informing you that the supreme federal government having done as nuch as has been in its power to bring "the truth to light" and secure 'the punishment of the offense which might turn out to be committed," he minister adds that his government "thinks that if there has actually been a crime, the obligation of the republic is satisfied by the judg nent and punishment of its author, and that it would not owe pecuniry indemnification to the offended." The general principle here invoked by Mr. Saavedra, that if a crime s committed against the person, property, or character of an alien resilent of the country by a citizen of the country in which such alien may De resident, and the government of such country secures the judgment and punishment of its author, its obligations to the government of the party wronged are satisfied, and that it would not in such case owe pecuniary indemnity to the offended, may very well be admitted; but to laim this for the proceedings had before the Venezuelan judges in the ase of Commissary Sotillo would seem little less than a mockery of ustice. To the worst features of the outrage perpetrated on Mr. Wheelock the occurrence in the woods) there were no witnesses but the perpetraors and the victim. Mr. Wheelock's evidence was not before the judges, and there is, therefore, every reason to believe that Sotillo's alleged vinlication rested solely on his own testimony and that of his subordinate nstruments. To denominate the proceedings against the officer Sotillo as a miscariage of justice, is the mildest form of denunciation that can be applied. The sanction of the executive government of Venezuela imparts to them the character of an absolute denial of justice. Were such an outrage as hat perpetrated by Sotillo on Mr. Wheelock possible-as fortunately it s not-in the United States, and Venezuelan citizens were the subject of it, the offending officer would be instantly dismissed from the public service and handed over to the proper tribunals for trial, and, if found uilty, subjected to the severest punishment denounced by the laws of he country against an offense at once so abnormal and inhuman. It is innecessary to invoke the principles of the treaty of amity and friendship (1860) existing between the United States and Venezuela, of the 3d article of which these acts are in clear contravention. It is no less an offense against the principles of public law and the civilization of the age. This government would be wanting in that duty which it owes to its citizens, and regardless of its own dignity, were it lightly to pass over so flagrant an outrage. You will lose no time in bringing these views to the attention of Mr. Saavedra, expressing at the same time the earnest wish entertained by the President that the subject may receive the early and earnest consid eration of the Venezuelan Government, and result in a speedy adjustment of Mr. Wheelock's claim for pecuniary indemnity. When the Government of Venezuela shall signify its willingness to make such reparation the amount of that indemnity may properly become a matter for further consideration by this Department. I am, &c., WM. M. EVARTS. ALPHABETICAL INDEX. A. Acapulco: arrest, trial, and acquittal of Captain Jacobson, of American schooner (See Fortune Bay outrage.) Page. 732-734 766,767 Adams: United States ship; entry of a closed port of Colombia by..........326, 327, (See Coaling Stations.) Address: of the governor of Buenos Ayres to the people of the province..... Agriculture: Belgium: damage to crops from heavy rains and inundations......... Hungary: results of the harvest in.... Morocco: hopeful prospects for harvest; misery and desolation from famine tithes demanded of all persons engaged in agricultural pursuits... Albania: repudiation of the government of the Porte; rejection of the anti- Albania and Montenegro: affairs causing anxiety; proclamation concerning Alcock, Sir Rutherford: convention with Chinese Government in 1869; 50 per Alliance rumors regarding, between Austria-Hungary and Germany.... 450 390 441-443, 445 Amar, Isaac: a Jew persecuted in Morocco; his illegal imprisonment and 794 American doctrine as to what entitles a blockade to the recognition of 833, 834 life insurance companies in France; letter of Mr. Merrill... 355, 356 oil company at Talara; destruction of their property; the Chilian navy 125, 131 125 students in straitened circumstances charged passport fees in Germany; American citizens: Henry Pinkos, a Jewish citizen of the United States, impressment for service in Mexican army (see Army). 423, 424, 433, 434 873-882 776-780 722-724 1045 739-744,745-72 murder of three, in Mexico, State of Michoacan. sale or lease of land to, in Fukien (see Fukien).. 309,360.34 transfer of foreign-built vessels to, not to be considered as an evidence under the control of the consular courts; their rights as to person and American independence: commemorated at Tunis by display of flags at all (See Diplomas.) American vessels: boarded and searched by Spanish naval officers; Spanish question of granting clearances to, in Peru, during the war between that Amoy: war power of; report of Consul Goldsborough (see Education) tried for murder at Calcutta; in custody of local police: jurisdictional 生 ms 479.45 480,481, 739-744,745- Arctic Expedition: stores for British, placed at disposal of, from the United Arendt memorandum of rules regulating official intercourse in China... anarchy and revolution in almost all the provinces; as yet, no fighting.. concentration of forces in Buenos Ayres... conference between the President and Ex-President Sarmiento; commis- critical political situation; concentration of troops at Buenos Ayres; ap discussion of the question of mediation in the difficuties between Chili division of the chamber of deputies, the majority act with the rebels; the General Roca reported elected president: Madero vice-president... interview between Roca and Tejedor, opposing presidential candidates; intimidation at the polls. peace established........ political situation unchanged; the city of Buenos Ayres in possession of preparations to oppose Chili, should the case require it. proclamation of the President.... prospects of revolution upon the coming presidential election 492& 1-- |