Geo. Harrington to C. Fornerad, President of the Swiss Confederation, September 23, 1868

Mr. Harrington to the High Federal Council.

The undersigned, minister resident of the United States of America near the Swiss Confederation, has the honor to submit, for the consideration of the high federal council, a copy of a statement made to him by Mr. William F. Nisbet in behalf of himself and other American citizens, setting forth a series of gross outrages committed upon them on the 10th of the current month by certain guides named Jean Rouiller and Etienne Pierre, while passing from Martigny to Chamouny by the Tête Noire. It is with much regret that he feels himself thus called upon to approach the high federal council; but a sense of duty to those of his countrymen visiting Switzerland, who place themselves with entire confidence under the direction of persons duly appointed to guide and protect them as strangers in going from one point to another by difficult and otherwise dangerous passes, compels him to expose and present to your excellencies, and through you to the proper cantonal authorities, such acts of these agents as prove them to be not only unfaithful to their trust, but an unfaithfulness accompanied by violence to such a degree as to endanger the lives or limbs of travelers thus committed to their care.

Respectfully referring your excellencies to the inclosed copy of the communication of Mr. Nisbet for the details in extenso, the undersigned will only refer to some of the prominent incidents therein related, premising that Mr. Brooks, the principal sufferer, as well as Mr. Nisbet, are gentlemen of respectability and truthfulness, whose statements are entitled to full consideration.

It will be perceived that the party en route from Martigny to Chamouny consisted of Mr. Horace Brooks, an old gentleman, enfeebled by palsy, his wife and daughter, Mr. Nisbet, and an English gentleman named Fowler, for whose service five animals and two guides had been ordered. As they were about leaving Martigny, it was observed that there were three guides in attendance. Upon inquiry, it was found that two guides proposed to accompany the family of Mr. Brooks, who, however, declared that he had ordered and required but one, and directed the other to return. The guide refused, producing a paper or written order for three horses and two guides for the Brooks family, but by whom written none of the party appear to have known. Mr. Ms-bet, the rest of the party meanwhile proceeding, took the paper and returned to the landlord of the Hotel Clerc, of whom the animals and guides had been ordered, who immediately changed the order from two guides to one, and with the paper so corrected Mr. Nesbit returned to join the party, encountering on the way the refractory guide in animated conversation with another, apparently his superior, who demanded the paper, which was given up by Mr. Nisbet. Shortly after Mr. Nisbet had rejoined the party, the guide Rouiller came up, and declared that all three of the animals ridden by Mr. Brooks’s family should return to Martigny, unless the second guide was taken to Chamouny. Upon their replying that the party of three required but one guide, and the party of five but two, the guide angrily seized the bridle of the horse ridden by Mrs. Brooks, and attempted to turn him back towards Martigny. Mr. Nisbet defended Mrs. Brooks and came near having a personal encounter with the guide. Failing with the horse of Mrs. Brooks, the guide then seized the bridle of the horse of Mr. Brooks, and in his violent efforts to turn him back caused him to fall into a deep and dangerous hole, carrying Mr. Brooks with him. In consequence of the insufficient width of the hole not permitting the horse to fall to the bottom, he became suspended by his sides, the leg of Mr. Brooks being imprisoned and wedged between the side of the horse and the earth and stones against which he was lodged. Picks and shovels became necessary to rescue him, and ropes were required to be passed under the horse in order to remove him from the dangerous position into which he had been forced. The undersigned is happy to observe that apparently no serious or lasting injury resulted to Mr. Brooks, although the horse was so much injured as to prevent his continuing the journey. Notwithstanding these occurrences, the guide Rouiller still insisted upon the return of all of the three horses to Martigny, or the continuance of the second guide to Chamouny, coupling his demands with insults, in which the guide Etienne assisted. Rain commenced to fall, and midday had arrived, and there being no cessation of the outrageous conduct of these official guides, on the suggestion of an English pedestrian of the Alpine club, who had subsequently joined them, the party concluded to pay the full price of the guide to Chamouny in order to end the contest and be enabled to proceed. Upon receiving full pay, the end and object of all these outrages, the guide Jean returned to Martigny, taking with him the injured horse. In consequence of these rude assaults upon Mr. Brooks, his remaining strength became completely exhausted before the day was over, and he was obliged to remain the night in a wayside inn, the others arriving at Chamouny about 10 o’clock.

In thus submitting this statement to your excellencies, the undersigned begs permission to remark that this narrative presents no ordinary occurrences. He has had complaints made to him from time to time of alleged improper conduct on the part of guides and others, but, being well aware that the differences may have arisen from misunderstanding, caused by difference of language and habits, and from no intentional wrong, he has not felt himself justified in appealing to the high federal council. In the present instance the outrages appear to have been deliberately and persistently perpetrated, with a reckless and criminal disregard of life and limb, and all simply with a view to extort money which they had no right to demand.

It is well understood by travelers that these guides are officers or employés of the canton of Valais. Rules and regulations are prescribed by the cantonal authorities for the guidance and protection as well of the public, who are invited to employ them, as of the guides so employed. When respectable and peaceful travelers trust to the efficacy of such regulations, and to the good faith and honor of persons duly appointed to act as conductors, they have a right to protection. If, instead of protection, they are abused and maltreated, and their lives placed in jeopardy, it then becomes their duty promptly to report the offenders to their superiors, that the guilty may not only receive the punishment which is justly their due, but, by being dismissed from a service for which they have proved themselves unworthy, insure from others obedience to the regulations and proper treatment to the travelers thereafter placing themselves under their guidance.

It appears that the occurrences herein narrated were of a character to shock the sensibilities of several of the residents of the neighborhood, and to excite the indignation of the landlord of the Hotel Clerk,” as is shown by his letter, (copy herewith,) urging that energetic steps should be taken to bring the offenders to justice. In assuming control of the travel over these passes by appointing or licensing guides, by prescribing rules and regulations for the information and guidance of travelers, and by forbidding the employment of all persons not so licensed, the cantonal authorities assume and guarantee the protection of the traveler from extortion and intentional harm. It is confidently assumed that unfaithful or incompetent men would not be intentionally employed; it is assumed with equal confidence that unfaithful or improper persons will not be continued in employment after their unfitness has been fully made known to those who, and who alone, have jurisdiction in the premises.

The undersigned respectfully submits the case for such action as the high federal council may think proper, and with a confident belief that the authorities of the canton of the Valais, on being informed of the facts, will promptly take measures to relieve that canton from the stigma which must necessarily attach to and distinguish it, if the authors of such acts as are herein narrated are allowed to go unwhipped of justice.

The undersigned seizes this occasion to renew to your excellency and the high federal council the assurances of his highest consideration.