No. 666.
Mr Baker
to Mr. Evarts.
Legation of
the United States,
Caracas, September 8, 1880.
(Received September 26.)
No. 271.]
Sir: Referring to past correspondence relative to
the case of Mr. John E. Wheelock, I herewith inclose, first, a copy of my
note on the subject to Mr. Saavedra, of date July 31, last passed; second, a
copy and translation
[Page 1040]
of Mr.
Saavedra’s answer, of date 24th ultimo, and received 26th ultimo; third, a
copy of my note to Mr. Saavedra, of date 7th instant, acknowledging the
receipt of his note, and indicating that it would be brought by the earliest
opportunity to the attention and consideration of my government.
Mr. Saavedra’s note is to the purport, first, that proper procedure has been
taken to bring the alleged offender to justice, with the result that no
cause was found for continuing the proceeding or for ordering his arrest;
second, that in case of actual crime the government thinks the obligation of
the republic is satisfied by the judgment and punishment of the offender,
and that it would not owe pecuniary indemnification to the offended.
* * * * * * *
I am, &c.,
[Inclosure 1 in No 274.]
Mr. Baker to Mr.
Saavedra.
Legation of the United States,
Caracas, July 31,
1880.
Sir: Having received a further dispatch from my
government respecting the case of Mr. John E. Wheelock, concerning which
I left with his excellency Mr. J. Viso, on the 12th of May last, a copy
of a former dispatch from my government, since when I have not had the
honor of receiving any communication from the ministry of exterior
relations respecting the matter, I have now to respectfully request your
excellency to he so obliging as to indicate to me, in such detail as may
be practicable, what proceedings have been had in the case and what are
the views of the Government of Venezuela in relation thereto.
I renew, &c.,
[Inclosure 2 in No.
274.—Translation.]
Mr. Saavedra to Mr.
Baker.
Caracas, August 24,
1880.
I have had the honor of receiving the communication of your excellency,
of date 31st of July, in which, on account of your having received a new
instruction from your government relative to the matter of Mr. John E.
Wheelock, you ask what proceedings have been had therein, and what are
the views of this government in the premises.
From the time that this department had £he first notice of the event, on
the 20th of January last, it addressed itself to the President of the
State of Guayana, in order to express to him the satisfaction with which
it had read the measures dictated without delay to the end of
investigating the facts; and the confidence that the tribunals would
proceed actively and efficaciously, administering full justice, to the
extent of imposing on the delinquents, if such there were, and without
consideration of any sort, the punishment which the law points out.
Besides, a copy of the proceedings which might be taken before the
authorities of the State was requested, as also other information
conducive to the object of the government.
The copy having arrived, it appeared from it that the complainant had
exaggerated the facts, and that two magistrates, the departmental judge
of Roscio, and that of the first instance of the State, had decided in
accord and successively that there did not exist grounds for continuing
the process, nor for ordering the arrest of Señor Sotillo. Thereupon the
ministry, desirous not to leave anything undone, wrote to the President
of Guayana that the government had considerable interest in knowing if
anything further required to be done there, besides prosecuting the
investigation to verify the truth, and proceeding against the parties;
or else putting far from all doubt the exaggeration of the complainant.
And Doctor Parejo, actual President of that
[Page 1041]
State, notwithstanding the investigation had
terminated, moved the tribunal, with lively earnestness, to open it de novo. Such is the state of the matter.
It is seen, then, that not only the authorities of Guayana as recognized
by his excellency Mr. Evarts in his instruction to your excellency of
the 22d of January last, of which, after having read it to my
predecessor, you delivered him a copy towards the end of May, but also
the supreme federal government, have done, and do, as much as is in
their power to accomplish the bringing of the truth to light, and the
punishment of the offense which might be shown to have been
committed.
The government thinks that if there has actually been a crime, the
obligation of the republic is satisfied by the judgment and punishment
of its author, and that it would not owe pecuniary indemnification to
the offended.
I renew, &c.,
[Inclosure 3 in No. 274.]
Mr. Baker to Mr.
Saavedra.
Legation of the United States,
Caracas, September 7,
1880.
Mr. Minister: I have the honor to acknowledge
that your excellency’s note of the 24th ultimo, in relation to the case
of Mr. John E. Wheelock, was received by me on the 26th ultimo. I will
only add at present that the note in question will be brought by the
earliest opportunity to the attention and consideration of my
government.
I avail myself, &c.,
