Minister Combs to
the Secretary of State.
American Legation,
Guatemala and Honduras,
Guatemala
,
April
26, 1905
.
No. 270.]
Sir: I have the honor to forward to the
Department copies of the various communications received and transmitted
in connection with the complaint filed with the legation by Mr. Al
Stebbins, an American citizen, in behalf of himself and his wife, on
August 4, 1904.
In the complaint which Mr. Brown submitted under the same date to the
minister of foreign affairs of Guatemala, Mr. Stebbins alleged:
- (1)
- Willful and continued trespass on the rubber lands of himself
and partners.
- (2)
- Forcibly entering his domicile.
- (3)
- Seizing and carrying off rubber belonging to Mr.
Stebbins.
- (4)
- Menacing his wife with a rifle.
No reply having been made to this note, I again, on December 16, 1904,
called the attention of the government to the subject, and again, on
January 10, 1905, I pressed the government for a reply to the
complaint.
Under date of February 3, 1905, the government forwarded their statement
of the case and requested that I advise Mr. Stebbins to present himself
and his witnesses to the court at Escuintla for a further investigation.
I thereupon wrote Mr. and Mrs. Stebbins to come to the legation. Mr.
Stebbins had left the country, but Mrs. Stebbins came and made an
affidavit. After a conversation with Mrs. Stebbins and replying to the
note of the minister of foreign affairs under date of February 21, 1905,
inclosing Mrs. Stebbins’s affidavit, I stated I regarded that the
incidents alleged removed the question from one for local adjudication
to one for our respective governments to consider; declined to ask
Stebbins to present himself to the court at Escuintla and requested an
oral discussion of the facts at issue. In the interview which followed
Mr. Barrios renewed his request that I would have the Stebbins submit
themselves to the local authorities in the matter, saying it was not a
diplomatic question. I replied I could not follow such a course; its
effect would be the local officials would try themselves. The testimony
substantiating the complaint had been submitted to his government; that
I was free to say the statements of Stebbins and his wife carried
conviction to my mind; that the question, so far,
was not a diplomatic one, and I trusted his government would not allow
it to become so; that I hoped they would make a careful examination for
their part into the truth of the charges and, if they reached the
conclusion I had, would themselves furnish a satisfactory remedy without
any demand upon our part. That from conversation with Mrs. Stebbins I
was sure she would accept 5,000 pesos as a full settlement, but if the
matter progressed to the diplomatic field and my views were sustained it
would cost their government much more financially and would create that
unwholesome friction always aroused in the settlement of such claims in
spite of the best purposes to the contrary.
Mr. Barrios declared they desired to treat the question upon its merits
and, if warranted, make proper reparation.
[Page 526]
After a further delay I informed the minister last week that Mrs.
Stebbins desired to go to the United States and had written asking if it
would interfere with the conduct of her case. That in reply I would
advise her to go, unless he wished her to remain for a settlement, and
again advised they make an immediate and direct adjustment with her. Mr.
Barrios said he would like her to remain as there was no doubt of an
agreement on the lines I had suggested, and asked in case the rubber was
returned if its value would be credited on the 5,000 pesos. I replied it
would be.
In consequence of this interview I wrote Mrs. Stebbins informing her of
its purport and advising she remain for a few weeks, and sent a copy of
my letter to Mr. Barrios to notify him of my course and to confirm our
conversation.
Though the Stebbins did not originally claim damages, I considered a small amount due Mrs. Stebbins under
the circumstances and I also felt the requirement of a sum, the payment
of which would probably fall upon the local and responsible authorities,
would have a salutary effect. A prompt payment in such cases, obtained
from those committing the offense, is much more efficacious in curing
such evils than many times the amount exacted after years of delay from
the national government.
I desire to acknowledge the purpose displayed by this government to
maintain, by deserving, our good will.
I have, etc.,
[Inclosure 1.]
Mr. Stebbins to
Chargé Brown.
Guatemala
,
August 4,
1904
.
Sir: I, Al Stebbins, an American citizen,
temporarily residing with my wife in the Republic of Guatemala,
finca “Los Angelos,” department of Escuintla, beg to respectfully
depose the following: That I, in company with several other
Americans, own the above-mentioned finca, consisting of about 24
caballerias of land, with valuable timber and rubber growing
thereon, aside from its value as pasture land; that on Saturday
last, July 30, 1904, I found a number of men taking rubber from the
trees on our land at a place called “Las Garsis,” which men were
under a caporal named Pedro Ariza, employed by Meleton Agreda,
commandante of La Gomera. I ordered the men off our land and took
possession of the rubber they had extracted, about 75 pounds,
offering to pay the men for their work. The men refused pay for
their work, alleging fear of Agreda, to whom they went to tell of
the occurrence. I took the rubber to my house at “La Polonia” with
the intention of taking it to the commandante at La Democracia the
next day and asking his protection against further aggressions in
the way of rubber hunting on our lands without permission. On Sunday
morning, the 31st ultimo, at about 11 o’clock, Capt. Meleton Agreda,
of La Gomera, with a squad of 12 men, 10 of whom were armed, came to
my house, forced an entrance, ill-treated my wife, and carried away
not only the rubber taken from the thieves the previous day, but a
pair of spurs and a shotgun as well. They attempted to capture me,
but I escaped to the upper part of the house and refused to go to La
Gomera, as I was in the jurisdiction of La Democracia. I protested
all this time against the violent invasion of my domicile without
authority, the ill treatment of my wife, who was struck with a rifle
by one of the invaders, and requested to be shown Agreda’s authority
for his violent and outrageous conduct toward a law-abiding
foreigner. Agreda replied by asserting his authority to do what he
pleased without further approval than his own caprice; that he was
in command and would not receive orders or instructions from
anywhere nor from anyone, he alone being responsible to himself. I
refrained, though sorely tempted, when my wife was struck, from
taking summary action, with the assurance that Agreda’s acts would
receive the approval of his superior. After making various and
general threats against us, he finally left and forcibly carried off
my rubber, spurs, and shotgun.
I went before the jefe politico of Escuintla with my complaint
written out, recounting the above outrageous abuse, who told me
simply that he would take note of the occurrence.
[Page 527]
I respectfully request you to bring this matter to the attention of
the proper authority, asking for a correction of the abuse, the
return of the stolen articles, the punishment of the offending
official, and some assurance that there will not be a repetition of
this abuse and that proper protection will be given us in our
property rights against rubber stealing with official
connivance.
Our purpose is to be peaceable, industrious, law-abiding residents,
avoiding all difficulties with officials and neighbors by means of
the law. We know our rights and only ask to be protected
therein.
I have, etc.,
[Inclosure 2.]
Chargé Brown to
the Minister for Foreign
Affairs.
American Legation,
Guatemala and
Honduras,
Guatemala
,
August 4,
1904
.
Excellency: I have the honor to transmit
herewith the complaint of one Al Stebbins, an American citizen,
against Senor Meleton Agreda, commandante of La Gomera, in the
department of Escuintla.
- (1)
- Willful and continued trespass on the rubber lands of Mr.
Stebbins.
- (2)
- Forcibly entering house of same.
- (3)
- For seizing and carrying off rubber belonging to Mr.
Stebbins.
- (4)
- For menacing his wife with a rifle.
I would earnestly recommend the statement of charges to the
consideration of your excellency in the confidence that if the
allegations are maintained your excellency will be pleased to take
the necessary steps for the punishment of the offender and the
guaranteeing of security to the property and persons of Mr. and Mrs.
Stebbins.
With renewed assurances, etc.,
[Inclosure 3.]
Minister Combs
to the Minister for Foreign
Affairs.
American Legation,
Guatemala and
Honduras,
Guatemala
,
December 16,
1904
.
Mr. Minister: I have the honor to call your
excellency’s attention to the fact that no response has been
received by this legation to the complaints submitted in behalf of
Benjamin Dillingham, of Livingston, nor Al Stebbins, of La
Democracia, the former having been submitted on September 23 last
and the latter on August 4 last.
Availing myself, etc.,
[Inclosure 4.]
Memorandum.
American Legation,
Guatemala and
Honduras,
Guatemala
,
January 10,
1905
.
The American minister has the honor to again call the attention of
his excellency the minister for foreign affairs to the legation’s
note of August 4, 1904, transmitting the complaint of the American
citizen Al Stebbins for the violation of his domicile, the
confiscation of his property, and the menaces to his wife on the
part of the comandante of La Gomera.
This request was renewed December 16, 1904, and in view of the fact
that daily communication exists between the capital and Escuintla
the American minister trusts that he may expect the reply of the
Government of Guatemala to the complaint at an early date.
Mr. Combs embraces, etc.,
[Page 528]
[Inclosure
5.—Translation.]
The Minister for Foreign
Affairs to Minister Combs.
Department of State,
Republic of Guatemala, Central
America
,
February 3,
1905
.
Mr. Minister: I have the honor to
transcribe to your excellency the note I have received from the
department of government and justice. It says as follows: “Mr.
Minister: From the supreme court of justice a note has been received
saying: ‘Guatemala, January 28, 1905. Sir: In view of your esteemed
note of the 14th instant, I have the honor to transcribe to you the
report that the judge of the first instance of Escuintla issued,
which literally says: “Honorable Supreme Court of Justice: Complying
with the orders of that superiority, I have the high honor of
submitting a report concerning the complaint of the citizen Al
Stebbins.’ On August 3, 1904, Mr. Stebbins appeared for himself and
in the name of his companions at the office of the political chief
of this department, making known, among other things, that some
persons, whose names he did not know, had gone on his lands to
gather rubber; that he, Stebbins, had kept the rubber to the amount
of 75 pounds and taken it to his habitation; that an escort, headed
by Meleton Agreda, first prevented the construction of a country
house and afterwards took from his house the aforementioned rubber,
after which said Stebbins with his wife were threatened by said
Agreda. Stebbins wound up by asking for a correction of these abuses
and that the rubber be returned. These proceedings were turned over
to this court from the office of the political chief of this
department for the corresponding investigation. Mr. Stebbins offered
no proof in support of his complaint and this court followed up the
investigation by gathering all the data that it could collect, and
as the evidence obtained from witnesses was to the contrary of what
Stebbins alleged, an order was issued, of a temporary character,
declaring that there was no motive for issuing a warrant for the
arrest of Agreda. From this report that honorable superiority will
observe that the court under me has proceeded with the strictest
impartiality, everything being in accordance with the law and in
obedience to the dictates of justice. I have the pleasure of
renewing to that superiority the expression of my respect.
Escuintla, January 20, 1905. Leon de Leon Flores.” With assurances
of high esteem and consideration, etc., J. Pinto.’ Upon transcribing
this to you I have the pleasure, etc., Juan J. Argueta.”
Upon having the honor to transcribe the foregoing to your excellency,
I have the pleasure of making known that the authorities of
Escuintla have received new instructions to continue the
investigation.
I trust, Mr. Minister, that you will kindly indicate to Mr. Stebbins
that he should present to the court of Escuintla the witnesses he
may have for the defense of his rights and to facilitate the
termination of the case.
Renewing, etc.,
[Inclosure 6.]
Minister Combs
to the Minister for Foreign
Affairs.
American Legation,
Guatemala and
Honduras,
Guatemala
,
February 21,
1905
.
Mr. Minister: I have the honor to
acknowledge your excellency’s note of February 3, 1905, in answer to
this legation’s note of August 4, 1904, respecting the alleged
forcible entry into the domicile of Stebbins, the threatening and
abusive treatment of him and his wife, and the theft of several
articles by a body of soldiers under command of Meleton Agreda the
latter part of July last.
The facts alleged by Mr. Stebbins and his wife remove this question
from one for local adjudication to one for our respective
governments to consider. I therefore can not ask him to present
himself to the judge at Escuintla.
In this legation’s note of August 4 last a statement was inclosed
from Stebbins respecting the circumstances complained of and I now
have the honor of inclosing a copy of the affidavit of his wife.
Stebbins has an honorable discharge as a noncommissioned officer in
the American Army, which is a substantial certificate of good
character and intelligence. His statement and that of his wife are
consistent, simple, and to my mind convincing, and I hoped when the
complaint was transmitted your excellency’s government would be
pleased to make such reasonable reparation as the facts would seem
to warrant.
Whenever it would suit your excellency’s convenience I would like to
discuss orally the questions involved, that we may adjust them, if
possible, unofficially.
With renewed, etc.,
[Page 529]
[Subinclosure.]
Mrs. Stebbins’s affidavit.
I, Mrs. Al Stebbins, hereby certify that on Saturday, July 30, 1904,
while sitting in company with my husband, Mr. Stebbins, in our
shanty, situated on our place called La Polonia, in the department
of Escuintla, I saw a number of men approaching under command of
Meleton Agreda, captain of the soldiers at La Gomera, and as my
husband suspected their intentions were not friendly he told me to
go upstairs, which I did. Said Agreda approached my husband and
asked him to return the rubber my husband had taken from Agreda’s
men the day before, which rubber my husband refused to return, at
the same time asking for Agreda’s authority to come and recover it.
Agreda pulled a paper, with writing on it, from his pocket and held
it aloft, but refused to allow either my husband or myself to read
it; neither would he himself read it to us. Agreda then forced his
way into our house and my husband came into the loft to get his gun.
All this time the soldiers accompanying Agreda were there with
cocked rifles and Agreda had his revolver in his hand, also cocked.
When my husband came into the loft I entreated him not to shoot, and
I myself descended to the floor of the shanty where Agreda and his
men were, at the same time getting between his men and the rubber
that was on the same floor. The soldiers were ordered to seize the
rubber, but were apparently afraid to do so while I was in front of
them, though repeatedly ordered to do so by Agreda. At last one of
the soldiers, while his rifle was still cocked, placed the end of
his rifle barrel against my body and pushed me to one side, upon
which my husband ordered me to offer no further resistance, but let
them take it, as they were, too many for us. Before leaving, in
addition to the rubber the men took possession of almost everything
they could lay their hands on, including a saddle, spurs, shotgun,
and other articles. While we still lived there some of the same men
returned and partly burned our house down. Since leaving there it
has been completely reduced to ashes.
