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sul-general in person. No reply was sent to this communication; lowever, on the 6th September, the accused were set at liberty without ever having seen a charge or warrant.
This imprisonment was an outrage; but the lashing of a defenseless, respectable man inside the prison walls, by one of the officers who had charge of him, without trial or sentence, is an outrage which ought to be atoned for by heavy damages; and if not atoned for, in the language of Argall, then is there really any security for the life, limb, and property of any American in this Republic ?"
I talked with the three men within four hours from the time of their arrest, and was shown by Argall the cruel stripes upon his back. I inclose the two complaints, and it seems to me that the Government of Guatemala ought to be made to pay damages in both instances, and especially heavy damages to Argall. I examined the two men who were not whipped, but who witnessed the blows given to Argall, and they corroborate in all respects his statement. I am, etc.,
P. M. B. YOUNG.
(Inclosure 1 in No 127.]
GUATEMALA, September 12, 1894. To the Secretary of State, etc.:
We, the undersigned citizens of the United States, are now temporarily residing in Guatemala, near the city of Guatemala, and on the land of Herbert Van de Putte. On the 25th day of August last we were ordered by Mr. Van de Putte to tear down a small shed which he told us was on his land, and which he told us to bring to his house. While we were in the act of taking down the shed and moving it to the house of Mr. Van de Putte we were arrested by the police and taken to the penitentiary.
We were not served with warrants, nor were we told of the charge against us. We repeatedly asked that we might be allowed to give bond for appearance at court at any time we might be needed. We repeatedly demanded to know the charges against us. We never were furnished with a warrant, nor a charge, but were placed in a vile, dirty prison, with thieves, robbers, and murderers, without having even violated a law or having the intention of doing so. We were kept in this den, sleeping on a rock floor, and treated as the most guilty criminals for twelve days, and then we were released and went free without bond.
We have been greatly wronged and maltreated, and we beg that your excellency will take steps to see that damages are allowed us for this atrocious wrong placed upon us, three citizens of the United States who have committed no violation of the law, and who have never intended to violate a law of this Republic.
We pray that this petition may be considered and that such steps may be taken as will result in our indemnification for the wrongs we have suffered.
W. H. ARGALL,
ROBERT PARDEE, Sworn to and subscribed before me this 12th day of September, 1894. (SEAL.]
P. M. B. YOUNG, United States Minister.
(Inclosure 2 in No. 127.]
Mr. Argall to Mr. Gresham.
GUATEMALA, September 11, 1894. SIR: On the 25th day of August I was, while foreman of a finka owned by Mr. Herbert Van de Putte, arrested by a police officer and taken by force to the penitentiary in Guatemala.
I was employed by Mr. Van de Putte as foreman of his finka and had been in his employ about two months. I was executing an order from him in removing a shed on the land when arrested. There was no warrant shown me and no charge made.
When I arrived at the prison and had entered the interior I asked one of the interior officers of the prison to tell me when I could see Colonel Lopez, commandant of the penitentiary, whom I had known before. He made no reply to me, but struck me four blows across my back with a rawhide, inflicting upon me great whelks or stripes and giving me great pain physically, besides the disgrace that was put upon me. I am an American citizen and a law-abiding man. no reason to this man for the outrage he inflicted upon me. I merely asked him in this language, “How can I get to talk to Colonel Lopez ?" He commenced to strike me and said, “There is your Colonel Lopez." I did not resist. If I had I would have been murdered. I dropped my hands to my side. I was in prison and defenseless, and this officer was one of those who had charge of me.
After twelve days imprisonment I was set at liberty without any crime charged against me. I was one of the three persons who made complaint to your excellency in another document, but I was the only one whipped. I have two American witnesses to this outrage, and within three hours from the time I was whipped I showed my naked back to the U. S. minister, who can testify to the truth of my state. ment. I ought to be indemnified for this outrage and the false imprisonment for twelve days. If not, then is there really any security for the life, limb, and property of any American in this Republic?
I earnestly pray that you will see that I am indemnified for this outrage upon me.
W. H. ARGALL, Sworn to and subscribed before me this 14th day of September, 1894. (SEAL.]
P. M. B. YOUNG,
U. 8. Minister.
Mr. Gresham to Mr. Young. No. 138.
DEPARTMENT OF STATE,
Washington, October 25, 1894. SIR: I have received your No. 127, of September 20 last, inclosing a complaint preferred jointly by W. H. Argall, Henry Thomas, and Robert Pardee, against the Government of Guatemala, and a separate complaint of Argall against that Government.
In your dispatch, as well as in the accompanying memorial, it is stated that the complainants are American citizens. It further appears that on the 25th day of August last they were in the employ of Herbert Van de Putte, a Belgian, on the latter's farm near Guatemala City, removing a shed or outbuilding which had been erected by an officer of the Guatemalan Government on land which Van de Putte claimed to be his; that while so 'engaged in obedience to the orders of their employer, and without any intention of violating the law, they were arrested and imprisoned by Guatemalan officers; that they were not served with warrants or informed of the charges against them; that an application for bail made by you in their behalf was refused; a messenger sent by you to confer with them in the penitentiary where they were confined was denied entrance there, and your written request to the minister of foreign affairs for permission to send the U.S. vice consul-general to confer with the prisoners was not replied to; that when first taken to the prison Argall, on asking an officer how he could see Colonel Lopez, the commandant, was given four severe blows across the back with a rawhide, the marks of which he subsequently showed to you.
These men now ask this Government to see that a proper indemnity is made to them by Guatemala.
You will present the matter promptly to the Guatemalan Government for such explanation as it may have to offer. I am, sir, etc.,
W. Q. GRESHAM.
LOTTERY IN HONDURAS.
Mr. Adee to Mr. Pringle.
DEPARTMENT OF STATE,
Washington, March 22, 1894. SIR: I inclose herewith a copy of a petition addressed to the Presi. dent, the Secretary of State, and the Congress, by citizens of Louisiana, on the general subject of lotteries, and praying among other things that this Government will point out to that of Honduras the proposed attempt of the old Louisiana Lottery Company to establish itself in Honduras. I also include copies of our antilottery statutes, to which reference is made in the petition.
It will be observed that the legislation of the United States in this regard has been framed with a view to its complete efficiency in exclud. ing the. circulation of advertisements and notices of foreign lottery schemes, as well as repressing domestic enterprises of that nefarious character.
Should it be true that such an enterprise, made unlawful by our law, is seeking to make use of a foreign territory from which to operate upon our citizens, it would seem to be a subject of which the neighboring and offended State would take notice. It is proper to bring the subject to the notice of the Government of Honduras, through its minister for foreign affairs, in order that it may be advised of the views of the United States and' of its legislation in this regard. I am, etc.,
ALVEY A. ADEE,
(Inclosure in No. 89.)
To the President, Secretary of State, and the Congress of the United States:
The undersigned, your petitioners, citizens of Louisiana, represent that the moral sentiment of the United States has succeeded after many years of struggle in extirpating the gambling business, known as lotteries, from the soil of the Republic; and that in driving it from its last lodgment in the State of Louisiana the aid of the V. S. Government, by acts of Congress and Executive interference, was of paramount importance. It is hereby further shown that, as citizens of Louisiana who have felt the heavy hand of the corrupt and tyrannical corporation known as the Louisiana Lottery Company, we are, perhaps, better aware of the evils resulting from its operation than other communities. It is, therefore, with sorrow that we learn, through its advertisements, that the said lottery proposes merely to change its base to the Republic of Honduras, and still carry on its demoralizing practices against the peace and welfare of the American people.
We, your petitioners, do therefore most earnestly pray the Government of the United States make effectual the will of the people by excluding all lottery matter from our mails and by prohibiting, under severe penalties, its transportation ito our borders, or between the States, by any company, firm, or individual, in any manner whatsoever.
We also pray that our Government will point out to the Government of Honduras this attempt to use the cover of its nationality to violate the laws of a friendly power.
STATUS OF FOREIGNERS IN GUATEMALA.
Mr. Pringle to Mr. Gresham.
LEGATION OF THE UNITED STATES,
GUATEMALA AND HONDURAS, Guatemala, March 31, 1894. (Received April 19, 1894.) SIR: I have the honor to transmit herewith deeree No. 491 with translation. This is a very important decree, and I am sorry to say the translation is very poor. I had it done while I was away, and I have not had time to make another one.
This decree establishes the relations of foreigners residing in this Republic with this Government.
I would ask the Department carefully to consider this decree, as several of my colleagues have informed me that they were of the opinion that their Governments would not accept some of the clauses with out protest. I have, etc.,
D, LYNCH PRINGLE.
(Inclosure in No. 77– Translation.]
DECREE NO. 191.
Jose Maria Reina Barrios, President of the Republic of Guatemala, Whereas:
The constant progress of all branches of human knowledge in which international law has taken so great a part has exerted great influence upon that branch of science whose object is to fix the individual and judicial condition of foreigners, doubtless because emigration from one country to another and the facility of communication has caused the necessity to be felt of determining the relations of foreigners toward the States in whose territory they settle;
Whereas there are, in our laws, certain isolated provisions relating to this matter, but no law in which the rights of foreigners, or the obli. gations imposed upon them, or the privileges reserved by the Government as regards them are consistently and definitely specified;
Whereas the State, within certain limits, has a perfect right and is entirely free to admit foreigners into its territory on such terins as may seem best adapted to conciliate conflicting interests, preserve order, and secure the faithful execution of its laws;
Now, therefore, by virtue of the power in me vested, and with the approval of my cabinet, I hereby issue the following decree concerning foreigners:
SOLE CHAPTER:- Who are foreigners. ARTICLE 1. For the effects of this law the following persons are to be considered foreigners:
Persons born outside of Guatemalan territory, whose parents are not Guatemalans.
Legitimate children born outside of Guatemala of a foreign father and a Guatemalan mother.
Guatemalans who have forfeited their citizenship.
Those born outside of Guatemala of parents who have forfeited their citizenship.
A Guatemalan woman who is married to a fore'gner and domiciled outside of Guatemala.
Children of diplomatic ministers, although born in Guatemalan territory.
ART. 2. National vessels shall be considered as Guatemalan territory in determining the nationality of those born on board thereof.
ART. 3. The following persons shall be considered as naturalized Guatemalans:
1. Spanish Americans domiciled in the Republic who have not reserved their citizenship in the manner provided by article 87 of this aet, in accordance with paragraph 1, article 7, of the constitution of tbe Republic.
2. Other foreigners who have received certificates of naturalization aceording to the provisions of this decree, and those of the constitution contained in article 7, paragraph 3, of that instrument.
Central Americans who make known to the authorities their desire to become naturalized in the manner provided by article 87 of this decree shall be considered as native Gautemalans according to article 6 of the constitution.