Mr. Loomis to Mr.
Day.
Legation of the United States,
Caracas, June 19,
1898.
No. 156.]
Sir: I have the honor to inclose a certified
copy, with translation, of the record of the case against Felipe
Scandella, the American citizen who was expelled from Venezuela by the
authorities at Ciudad Bolivar on the 11th of May last, in a summary and
irregular manner.
The inclosed record, furnished by the President of the State of Bolivar
and officially transmitted to me by the minister of foreign affairs,
constitutes the sole case against Mr. Scandella. The evidence adduced is
clearly of the flimsiest character and of the hearsay variety.
The proceedings were irregular throughout, and the manner of Mr.
Scandella’s arrest unjustifiable. By the code of the State he was
entitled to a judicial hearing within three days after his arrest.
Mr. Scandella’s arrest, imprisonment, and expulsion contravenes several
articles of section fourth of the constitution of Venezuela, as will be
seen from the notes on the constitution which I inclose.
I have called the attention of the Venezuelan Government to these facts,
and both the minister of foreign affairs and, later, the President, have
freely admitted that the treatment of Scandella, upon the showing made
by the President of the State of Bolivar in his record of the case, was
harsh and unjustifiable. The President sent for me a few days ago and
said he desired to settle the case outside of diplomatic channels if
possible, and would like to come to some friendly agreement respecting
it. I said I fancied there would be no serious objection to this,
provided he was willing to indemnify Scandella for all his losses
resulting from the arrest and expulsion. The losses of which Scandella
furnishes proof amount to $4,000, not including his expenses since the
time of his arrest. In order to avoid the delay of a diplomatic
settlement of the affair he is willing to accept $4,000, $1,000 to be
paid at once and the balance in three months.
I told the President what Scandella proposed, and he then said he had
sent two personal representatives to Ciudad Bolivar to investigate and
report upon the extent of Scandella’s losses, and that he would pay him
whatever the report of his agent indicated ought to be paid him.
So the matter rests. My own belief is that Scandella has really suffered
losses to the extent he claims. He has the evidence of a well-known man
from whom he borrowed $4,000 to put into his business to show what a
portion of his investment was, and he has letters to show [Page 1140] that nothing of consequence
remains at his ranch. I have telegraphed the consul at Ciudad Bolivar to
forward proofs of losses and a statement of the property remaining.
I would be very glad to have telegraphic instructions in this matter.
I have, etc.,
United States of Venezuela,
Executive Department,
State of Bolivar,
Ciudad
Bolivar, May 9,
1898.
[Eighty-seventh and Fortieth.]
Resolved, On account of frequent denunciations
made and the well-founded suspicions entertained in this department
against Felipe Scandella, an American citizen, there can be no
longer any doubt that in his country residence, and relying upon his
character as a foreigner, he is plotting secretly against public
order; it is also known that Gen. José Antonio Bequero, Leonardo
Alchacoa, and Gen. Luis A. Moreno can testify as to the above.
Let them be summoned in order that they may appear within the
required time before the secretary-general to be questioned, and
that suitable action may be taken in the case.
B. Contaste Laveaux.
Ernesto Garcia,
Secretary-General.
To-day, May 9, 1898, appeared at this office in obedience to a
summons, Mrs. Leonardo Alchacoa, of age, widow of Eduardo Sifontes,
occupation suitable to her sex. Having been duly sworn, and informed
of the foregoing resolution, saith: I don’t have anything to do with
politics, as that sort of business has never done me any good in my
life, and I am persuaded that women ought only to work for peace and
public order; however, I wish to make it known that Felipe
Scandella, an American, surprised me by coming to my place, called
“San Geronimo,” some days ago, and made charges against me which I
can not and ought not to stand. The fact is, this man said to
me:
“All right, old woman; I know that you are betraying us and reporting
us to the Government, and that you said that you saw the Mocho Montilla with fifteen men near the
city; but look out that you won’t have to pay for this later.”
I answered that it was not true, and he said that he would prove it
to me. I do not understand how a foreigner can threaten me in this
way; and when I come to testify it is owing, in addition to the
summons issued, to the fact that I wish to get rid of being molested
by Mr. Felipe Scandella and his revolutionary friends.
This was read to her. She confirmed it and signed.
Ernesto Garcia,
President of the State.
Leonardo Alchacoa de Sifontes.
R. Contasti Laveaux,
Secretary-General.
Then appeared, in obedience to a previous summons, a person who said
that his name was Luis A. Moreno, married, of age, of this city, and
having been duly sworn and informed of the foregoing resolution,
deposed and said:
About a month ago, more or less, I heard in this city and the suburbs
that Felipe Scandella was an agent of the revolutionists in this
section, and that he was persuading the disaffected to revolt
against the Government; and although I doubted, for the reason that
he was a foreigner, that he would meddle in political affairs,
according to the rumors to which I refer, yet these things have now
become of public notoriety. I am told that Gen. E. A. Santodomingo
can testify as to the matter under investigation.
Nothing further had he to say. This was read to him. He confirmed it
and signeu.
Ernesto Garcia.
President of the State.
L. A. Moreno,
R. Contasti Laveaux.
Secretary-General.
According to the foregoing testimony it appears that Gen. E. A.
Santodomingo knows something in regard to the case under
investigation. Let him be summoned in order that in the required
time he may appear at this office.
Ernesto Garcia.
R. Contasti Laveaux,
Secretary General.
[Page 1141]
Continuing the case, there appeared a citizen who, after being duly
sworn, said that his name was Emilio Antonio Santodomingo, of this
city, of age, widower, and having been informed of the foregoing
resolution, deposed and said, in accordance with part of the
testimony of Gen. L. A. Moreno, that it was a fact known to me on
account of its being of public notoriety that the American, Felipe
Scandella, in his summer place near this city, where he was living
with his family, was in negotiation with the revolutionists who were
marauding near his property. This I did not doubt, for the reason
that he continued to live near the place when depredations were
being committed daily by those revolutionists, and there was even a
murder committed by them in the meadows of his place.
I communicated these suspicious circumstances to the President of the
State, and also informed him that Scandella was a brother-in-law of
Gens. L. E. Aristequieta and Ricardo Aristequieta, both of them
avowed enemies of the Government.
Having nothing further to say, this was read to him. He confirmed it
and signed.
- Ernesto Garcia,
President of the State.
- E. A. Santodomingo.
- R. Contasti Leveaux,
Secretary-General.
The same day appeared the porter of the office, Felix Play, who
deposed and said:
I have looked for Gen. Jose A. Baquero and have been informed at
his house that he is absent from the city.
(Signed)
R. Contasti
Leveaux,
Secretary-General.
Felix Play.
President’s Office, State of Bolivar,
Ciudad Bolivar, May
10, 1898.
[Eighty-seventh, and fortieth.]
Resolved, According to the testimony taken in
the office of the secretary-general, it has been proved that the
American, Felipe Scandella, is in complicity with the revolutionists
of this section of the Republic; and considering that the presence
of the above-mentioned foreigner is prejudicial to this territory,
it is ordered that he shall leave until order is restored, and that
he shall be kept in the public prison until this resolution is
carried out.
Let the magistrate of the district Heres be notified to carry out
these resolutions.
-
Ernesto Garcia.
- R. Contasti Leveaux,
Secretary-General.
On the same day the foregoing resolution was carried out.
R. Contasti Leveaux,
Secretary-General.
United States op Venezuela,
Office of General
Secretary,
Ciudad
Bolivar, May
10.
No. 724.]
[Eighty-seventh and fortieth.]
To the magistrate of the district Heres:
According to testimony taken in this office, the American, Felipe
Scandella, has been proven to be in complicity with those parties
who are in revolt against the Government, and the President of the
State has instructed me to tell you to notify Felipe Scandella to
leave the territory of this Federation until public order has been
established. God and the Federation.
Ciudad Bolivar, May
12, 1898.
Gen. Ignacio Andrade,
etc.,
Caracas:
I am awaiting an opportune moment to send to the national government
the result of the investigations as to the complicity of the
American, Felipe Scandella, with the revolutionists of this section.
From the testimony taken at the investigation [Page 1142] his complicity has been proved, and
I have therefore notified said Scandella, through the magistrate of
this district, that he must leave the State until order is
established.
Your friend,
United States Consular Agency,
Ciudad Bolivar,
Venezuela, May 10,
1898.
The President of the State
Bolivar:
The undersigned has been informed by Mrs. Soledad Scandella that her
husband, Felipe Scandella, an American citizen, has been taken to
the public prison of this city by orders from your office; and as
the above-mentioned Scandella is a native of New York, and it is my
duty to lend him that protection accorded to him by the laws of the
nation I have the honor to represent in this city, I beg you to
please inform me the reason for the imprisonment or arrest of the
above-mentioned Felipe Scandella, in order to see whether I can be
of any assistance to him, that he may enjoy the liberty which he has
enjoyed up to the present time.
With all consideration and respect I request an answer and subscribe
myself,
Your very attentive servant,
Robert Henderson,
United States Consular Agent.
United States of Venezuela,
President’s Office of
State of Bolivar,
Ciudad
Bolivar, May 11,
1898.
No. 723.]
[Eighty-seventh year of the Independence and fortieth
of the Federation.]
The Consular Agent of the
United States of North America:
I have received your courteous note of yesterday, in which you ask me
for information as to the arrest of the American citizen, Felipe
Scandella.
From the results of the investigation ordered for the purpose it
having been proved that said Scandella is in complicity with the
revolutionists who have so criminally stained with blood the soil of
Venezuela, I have been compelled, in fulfillment of my duty, to
order the arrest of said citizen, who in open abuse of his
prerogatives as a foreigner has entered into negotiations with the
disturbers of public order.
This meddling with our political affairs is a grave offense,
expressly forbidden by our laws, and the offense is much graver when
it consists in taking part against a lawfully constituted government
such as exists at present in this country.
These things have been proved against Scandella, and it will not
escape your intelligent mind that if it is your duty to lend
protection to the citizens of the nation which you so worthily
represent in this city, it is no less my duty to carry out the laws
of the State over which I preside, and which are clearly pointed out
to me in sections 1 and 17 of article 38 of the State Code.
Having thus answered your communication, I must say that in
accordance with a resolution of to-day I have notified F. Scandella,
through the magistrate of the District Heres, to leave the territory
of the State until order is restored.
God and the Federation.
True copy.
R. Contasti Laveaux,
The Secretary-General.
United States of Venezuela,
General Secretary’s
Office,
Ciudad
Bolivar, May 9,
1898.
[Eighty-seventh and fortieth.]
Gen. Jose Antonio Baquero, Gen. Luis A. Moreno, and Mrs. Leonarda
Alchacoa will appear at the Secretary-General’s office to-day at 3
p.m. to testify in an affair of a political nature.
R. Contasti Laveaux,
The Secretary-General.
Returned summoned.
Moreno and Leonarda Alchacoa.
[Page 1143]
United States of Venezuela,
General Secretary’s
Office,
Ciudad
Bolivar, May 9,
1898.
[Eighty-seventh and fortieth.]
Gen. Emilio Antonio Santo-domingo will appear at the office of the
Secretary-General to-day at 3 p.m. to testify in a case of a
political nature.
R. Contasti Laveaux,
The Secretary-General.
Returned summoned.
Ciudad Bolivar, May 15, 1898.
[Eighty-seventh and fortieth.]
True copy of the original.
R. Contasti Laveaux,
The Secretary-General.
Ministry of Foreign
Affairs,
Department of Public Exterior Law,
Caracas, June 6, 1898.
True copy of the original process forwarded by the ministry of
interior.
Manuel Fombona Palacio,
The Director.
title iv.
Art. 3. The inviolability of correspondence
and all private papers. (When the officer of the jail brutally
searched me, took my private papers from my coat pocket, and were
not returned.)
Art. 4. The inviolability of the domestic
hearth. (By the letter from my wife of May 27 ultimo, says that
three days after my expulsion my house was searched by armed
policemen with no further formality than the forso. Letter at
disposal.)
Art. 5. No person can be kept
incommunicated under no reason or pretext. (I was kept
incommunicated until my arrival at Trinidad, as proven by my protest
before the United States consul at said port and Mr. Henderson’s
communications.)
Art. 14, part 9. No one can be deprived of
his liberty for political causes without previous information and
judicial inquiry, from which should result compromised in
perturbations of the public order and serving as obstacle to its
reestablishment, in such case can not be confined in the same prison
with the common offenders, nor continue in prison once the public
order is established. (No information nor judicial inquiry was made
previous to my arrest, as proved by Mr. Henderson’s letter to the
President, also my wife’s letter to same, requesting that I should
be tried by the courts of justice, so that I could defend myself and
prove my innocence, but received no satisfaction. This letter was
dictated, to Mr. R. Henderson. I was locked in jail with criminals,
to say assassins, thieves, and madmen (lunatics). The second officer
of the jail, who helped to search me and hampered my food, has three
criminal cases against him.)
