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40TH CONGIIESS, HOUSE OF REPRESENTATIVES, Ex. Doc.
2d Session. N o. 260.
ANTONI ELLET11K IL
M E S S A G~ E
T1W lI'l B RI DENT OF TinE UNITED STATES,
kItormation rE/latire to tle imprisonment alnd destruction of tlhe property Of
Antonio Pelletier by the' people and authorities qf Hayti.
Ai t i. 1, N~.-iihrr~dto t hi Commi iit tee o31 Itieigti Affairs imnd oadcrcd to be print ted.
TIO tle ouse q1/Re'pr'xenteltil'cls:
I tranismit at report fromn the Secretary (if StAite, and the papers accompany ing it, in answer to a resolution of thte House of Representatives of thle 10th of February last, requestinug information relative to the imprisonment and destruction of tite property of Antonio P'elletier by the people and authorities of' Hayti.
WASiII-TO'N, April :3, 1 HIS.
JMashington, April 3, 1868.
'[',lie Secretary of State has the lionot' to lay before the President the enclosed papers, called for by the House of' Representatives in its resolution of thle 10th (if February, ultitno, in tile following words:
Resolved, Thatt theI Seclretajry of Sjjtt e ziiii he is irected hereby, it not inconsistent Witl, tile public into t, to tulnishi this iioitso Nwith collies of tiie correspondence, official records, anid all other p)apersl andi docinnents ol tile in his department relating to tile imprisiinrnt of Antoilio PeI Ietir, a citizen of Lime Unlited &,tts, nimmd thet cofscto and destrmcliiil ofis property by the iieohil anid otficiais et the republic of I lay ii.
Tile lIEMS1)ENT. WILLIAM H.SI AD
Lis! qfpapers (1 fo"1/enqI1ing f/ th eport of theL Secretary oSae to te Presi(lent, ql'April 3, 1154S.
Mr. Seward to Mr. Whidden, Atuigtst 7, 1862, (with one enclosure.)
MAr. Wltidden to Mr. Seward, No~'emhjct 20, 1862.
Samec to same, December, 2,5, 1862.
Samile to sane, F~ebruiary 6, 1863, (with Fix enclosures.)
Mr. Seward to Mr. Whidden, April 6, 1863, (with 10 enclosures.) Mr. Roumain to Mr. Seward, July 28, 1863, (with 12 enclosures.)
Mr. F. W. Seward to Mr. Roumain, August 19, 1863.
Mr. Whidden to Mr. Seward, November 6, 1863, (with enclosures.)
Mr. Seward to Mr. Whidden, November 30, 1863.
Mr. Whidden to Mr. Seward, May 7, 1864, (with two enclosures.)
Same to same, May 7, 1864, (with four enclosures.)
Same to same, May 31, 1864, (with three enclosures.)
Mr. Seward to Mr. Whidden. June 9, 1864.
Mr. Pelletier to Mr. Seward, July 16, 1864, (with 13 enclosures.)
Same to same, July 30, 1864, (with two enclosures.)
Same to same, October 11, 1864, (with two enclosures.)
Same to Mr. F. W. Seward, November 7, 1864.
Same to Mr. Seward, November 15, 1864. (with two enclosures.)
Mr. Whidden to Mr. Seward, November 22, 1864, (with two enclosures.) Mr. Pelletier to Mr. Seward, Janunry 21, 1865, (with three enclosures.)
Same to same, March 11, 186.5, (with one enclosure.)
Same to same, August 22, 1865, (with three enclosures.)
Mr. Benedict to Mr. Seward, February 15, 1867.
M1r. Seward to Mlr. lVhiddrx.
No. 3.J 1)HPAITMINr op SrATH,
TVaahisgon, August 7, 1862.
SIR: I enclose herewith the memorial of Thomas Collar, chief mate, and John Henry Brown, seaman of the American bark William, addressed to the President of the United States, from the prison of Port.au-]Prince, oil tilt 25th of June last, representing that they have been uiJustifiably and arbitrarily con.demned and imprisoned by the authorities of llayti.
On your arrival at Port.au-Prince you will inquire into and investigate this matter and give to the parties concerned such protection and relief as tl circumstances may warrant.
I am, Pir, your obedient servant,
WILLIAM 11. SEWARI).
]BENJAMIN F. WInDDKN, Esq., 4r., 4r., 4v-.,
Lasratrr, Y. Ii.
PHISoN OF 1'ORT.AU-I1'INCtC, June 25, IS6:. HoNOmKCD SIR: I take the liberty of writing you this letter to inform you of our imprisonment in this city. and Low we were captured on the coast of Hayti on board of the American bark William, on the .5th day of April, 1861. after leaving the United States revenue cutter ,Johnu Appleton, of which vessel I was boatswain for the term of three years under the command of Lieutenant William B. Randolph, which vessel was stationed at Key West, Florida, at which place I joined the American bark William, on the 28th day of August, 1%60, as chief mate of said bark William. From Key West the said bark cleared for Mobile for a cargo of pitch-pine lumber, at which port we arrived on the 8th day of September, 1860. The said bark cleared from Mobile oil the 27th day of October, 1860, for the ort of Carthageuna, New Grenada, at which port we arrived on the 18th day of lovember, 1860, where the captain could only dispose of part of the cargo at that place. On the 23d day of November we received one passenger and his family on board, and also a part of a cargo of merchandise, consist-
ANTONIO PELLETIER. 3
ing of 112 boxes of soap. 180 bags of corn, 44 bales of tobacco, and 36 dozen of matting for Rio Hatche, for which place we cleared on the 25th day of November, 1860. After leaving the port of Carthagena we experienced very heavy northeast gales, and a strong current against us, and the ship laboring very heavily, we did not gain 10 miles to windward in four days, blowing heavily all the time from the northeast, which sprung the fore and mainmast heads and maintopmast, and the loss of the starboard anchor, on the 29th day of November. The passenger, Juan Cortes, came to Captain Pelletier and told him he would pay the said Captain Pelletier the sum of$ 500 if he would bear up for the first port lie could make, on account of his wife being very sick, for which the captain agreed to do. rhe captain, therefore, bore up for the island of Grand Cayman, West Indies, which was the only island we could make, where we arrived on tle 14th day of December, 1860. On the 15th the passenger Cortes went on shore with the captain tn Mr. William Eaden, who is the United States consul of the port of Georgetown, of that island, and before him everything was satisfactory to both parties. We laid there several days refitting and repairing damages, and took in a supply of water, provisions, &c. On the 24th day of December, 1860, we cleared rom the port of Georgetown for Port-au-Prince, at which place we arrived on the 26th day of January, 1861, at which place the captain disposed of the remaining part of his cargo. While we were discharging the cargo hero the crew broke into the storeroom and stole a large quantity of liquor hnd got beastly intoxicated, for which offence the captain had them put in prison, and by the advice of Mr. N. J. Lewis, who was thte commercial agent of the United States for this port, the captain left the crew here in prison, and when the ship was ready to sail the captain shipped another crew who were French, eight in number, who were neither soldiers nor sailors; we only had one Food sailor on board, whose name is John Henry Brown, a naturalized American. The captain cleared his vessel from this port for the port of New Orleans in the month of February, 1 Il, with part of a cargo of logwood, and after we had got to sen we found the ship had not ballast enough, and the captain thought it advisable to put into a port to procuce more ballast, as the ship was very crank. lHe therefore put into the island of Great Inagna, on the Bahama shore. At we were lying there it came on to blow a heavy gale from the northwar-d, and JkS we were getting tnder way the ship's head wanted the wrong way and the vessel went ashore, where we laid eighteen hours pounding heavily upon a very rocky bottom, expecting every moment the vessel would go to pieces. rhe damage we sustained was the loss of four anchors, the false keel, and carried away tile two lower pindals of the rudder.
On the 17th day of March, 1861, we left the island of Great Inagua, after securing the rudder with tackles, to proceed on our voyage to New Orleans; we still encountered heavy northeast gales. The captain thought it advisable to put into a pert again, as the ship was in distress, to re-hang the rudder, as it was not safe for the ship to proceed on her voyage, as the rudder was only hanging by one pintle. On the 30th day of March, 1861, we put into a port called Port Libert6, on the coast of Hayti, which is not a port of entry, for the purposeof repairing damages and to get the ship fit for sea. on the morning t' the 4th da of April, 1861, between the hours of one and two o'clock, the second mate deserted and went on shore to the authorities of that place, and made false reports against the captain and crew of the American bark William, and on the morning of the 5th day of April, 1861, the authorities came on board with 500 armed men and captured the hark William captain and crew, by force, and landed us in their town jail, and there we remained til the 5th day of May. On the 6th day of May, 1861, we were sent to Cape Hayti, heavily ironed, and there we were cast into prison, where we remained till the 21st day of June; from thence we were brought to Port-au-Prince, at which place we arrived on the 28th day of June, 1861, with heavy irons on our legs, and when we were landed
4 ANTONIO PELLETIER.
at this port we were made to walk about ten miles with the irons on our legs where we could only take two inches at a step, and the blood running down to our heels until we reached the prison. Only the Americans were made to perform this duty, three in number, and the French part of the crew, eight in number, were clear of this shameful conduct, and we do not think there is another nation in the world that would treat human beings the way that we poor fellows have been treated by these people here. At that time Mr. N. J. Lewis, the commercial agent of the United States, demanded of this government to deliver the three Americans over to him, and he also protested against judging us in this country, but to no purpose. The authorities of this government told Mr. N. J. Lewis they would do as they pleased with us, contrary to the laws of the United States.
When the passenger, Juan Cortes, heard of our arrest he came from Carthagena and made declaration against the captain for piracy ; and he furthermore said that Captain Antonio Pelletier tried to assassinate him and rob him of his merchandise, which is the greatest falsehood that ever a man told, for there was no crime committed on board of the bark William, whatever, during the voyage.
In the month of August, IS61, we were judged for the crime we were accused of, and on the 29th day of August we were condemned, four in number. Captain Antonio Pelletier, condemned to death ; Thomas Collar, chief mate ; Urbain Castay, supercargo, who is a Frenchman; and John Henry Brown, seaman, for the term of five years in heavy chains and hard labor; wheu they had not. the least proof against us to condemn us to this punishment, and th"e French part of the crew, eight in number, were acquitted, and if that is justice we certainly do not know what justice is.
When the commissary of government was pleading for the government of Hayti, he said that the United States government would not interfere-she was too busy with her own civil war at home-and we will condemn the Americans to get rid of paying damages, and they would not allow us to defend ourselves nor would they allow our lawyers to defend us, and threatened to put them in prison if they offered to defend us ; and they even stole the ship's papers to prove that we were guilty ; and we can assure you, sir, that we are innocent of any crime that has been alleged against us.
Since our condemnation they have broken the captain's judgment from death to be re.judged again to condemn him, to the term of five years, for which purpose they sent him to Cape Hiyti on the 1st day of June, 1862.
The President of this republic liberated Urbain Castay, he being French, ever since December 18, 1861 ; yet he holds on to the Americans. Honored sir, since our condemnation Captain Pelletier wrote to Mr. William Eaden, the United States consul of tile island of Grand Cayman, for the double of those papers between the affair of Captain Pelletier aud the passenger Cortes to prove our innocence, which papers arrived here in February, 1862.
Our lawyer, Mr. Lindstant Pradine, took the second set of papers to the President of this republic, and told him we were innocent of the crime for which we are accused of. "Oh," says the President, "I know they are innoccnt,Jbut it would be one of the greatest misfortunes to the republic of Ilayti if I were to liberate Captain Pelletier and his two men; they would return to the United States and reclaim heavy damages against the government of Hayti, and get this country into trouble with the United States government." The government of this republic sold the bark William in the mouth of March, 1862, for $350, Spanish, when the bark William proceeded to Boston in the latter part of April, IS62, to go under repairs.
When Mr. N. J. Lewis was here as the commercial agent for the United States lie protested against tile sale of said bark William. We therefore, sir. quaint you that the said bark William and owners owes Thomas Collar, chief
ANTONIO PELLETIER. 5
mate, and John Henry Brown, seaman, $1,344 for labor performed on board of said bark William.
Honored sir, we must acquaint you of the conduct of Mr. Seth Webb, the commercial agent of the United States, who came here to take the place of Mr. N. J. Lewis in September, 1861. We wrote him several letters acquainting him of our situation here, and that gentleman, Mr. Webb, has not taken the trouble to answer us one line, nor either assist us in anything whatever, nor either to protect citizens of the United States, and we think he has been bought by this government not to do anything for us, and we are here almost starved. Honored air, we hope and pray to God you will be so kind as to do us the favor by demanding our liberty from this government; we will be under the greatest obligations to you for your kindness, for we can assure you we are very miserable here away from home in a foreign country, without friends, without clothes, and without money, and have not any means whatever to get anything with that we need.
Honored sir, we hope and entreat of you that you will take notice of this and the sufferings we poor fellows have undergone. Honored sir, we have our families in the city of Now York which we presume are starving from the want of support from their husbands, who have no other means of getting their livelihood only by the hard labor of their husbands to support their wives and familieQ.
We tire, honored sir, your obedient servants,
TiIOMAS COLLAR, Chief" Mate.
JOHN 11ENRY BROWN, Scaman.
To the Honorable Mr. LINCOLN,
President of the United States of Amneria.
Air. WVhidden to Mr. Seward.
No. 7.] LIRATION OF TiIe UNITED STATES,
Port.au.Prince, Hayti, Novembher 20, 1862. Slit : Agreeably to instructions in the despatch from your department, No. 3, 1 have investigated the case of Thomas Collar and John Henry Brown, as far as it has become necessary to this time. 1 called the attention ofthe secretary 9f foreign relations to these men some time ago, and was informed that the matter should receive immediate attention. In a few days after I received a ote that they were pardoned by his excellency the President of Hayti, and set at liberty. The day following the note, Collar and Brown came to me in great destitution and want. Being instructed in the despatch aforesaid to give tile men ,, protection aid relief as the circumstances may warrant," I furnished them money to pay for some suitable clothing, their board and necessaries here since liberated from prison, and for a passage to New York in a sailing vessel, for which I herein enclose vouchers, and have drawn an order for the sum paid, it being $39 50, payable to the order of myself. Representations havingbeen made to me by Catain Pelletier, of the Pame vessel as the above men, of lis suffering from cruel treatment in prison at Cape Haytien, I have asked of this government that lie be transferred from the prison at Cape Haytien to the prison at Port-au-Prince, so that I may have an'opportunity to investigate his case; it, has been granted, but he has not yet arrived, as communication with that city is by sea, and slow.
I have the honor to be, sir, your most obedient servant,
B. F. WHIDDEN.
Hon. W. H. SBWAID,
Secretary of State, Washington, D. C.
6 ANTONIO PELLETIER.
Mr. Hidden to Mr. Seward.
No. 11.] LEGATION OF THE UNITED STATES,
Port-au-Prince, Hayti, December 25, 1862. SiR: Agreeably to my request, Captain Pelletier, of
the bark William, was removed from the prison at Cape Haytien to the prison at Port-au-Prince, and soon after conducted to this legation for a personal interview. In addition to this I have examined the papers and proceedings in his case, as they appear in the United States consulate in this city.
The bark William sailed from Mobile to Carthagena. She there disposed of a portion of cargo, and took on board other cargo. She then sailed to the island of Grand Cayman. having put in there to land two passengers, (a man and his wife,) on aeeount of the sickness of the woman. Some of the cargo was disposed of at Cayman, where the vessel sailed for, and soon afterwards landed at this port. It appears the captain came here to dispose of his lumber, of which a large part of his cargo consisted. While here a number of his crew committed some larcenies on board his vessel, for which they were imprisoned for a time. During this time the captain had some trouble with the'authoities here. The men were at length released from prison, and some of them taken back to the vessel to join the crew again. Soon after the vessel cleared from here, but near Fort Liberte!, on the coast of Hayti, was overtaken by a storm, where she put in in distress. At this place one of the crew deserted, (being one of those imprisoned as aforesaid atJPort-au-Prince,) and reported to the authorities at that place that Captain Pelletior had landed for the purpose of seizing and carrying away men into slavery. Immediately a large number of soldiers came oi board the vessel, seized Captain Pilletier and the remainder of his ciew, put them in irons, and lodged them in prison. The authorities of the place seized the vessel, cargo, and all the vessel's papers, together with the private property of the captain and crew. The captain and crew were sent to Port-au-Prince, and arraigned on the foregoing com plaint. The William was also sent to this city and sold at auction, as also all the property oi board. Captain Pelletier, Thomas Collar, John 1. Brown, and one or two of the others o the crew were tried. The captain was condemned to death, Collar and Brown to imuprisonmont, and the rest discharged. At the trial Pelletier employed counsel. Through his counsel he demanded the right to introduce evidence of his innocence, but was denied. He placed a witness on the stand, but he was not heard. He demanded the ship's register and other papers on board. (all At' which were in the hands of the attorney for the government,) by which he said lie could show the legitimacy of his voyage and his innocency, but was denied them.
The court of cessation set aside the aforesaid judgment, as there was no law of Hayti by which that sentence could be pronounced in such a case, but without any further trial he was sentenced to five years' imprisonment.
Mr. Lewis, then consul at this port, entered a protest against all these proceedings, and claimed that this government had no authority to detain these men or the vessel, but that they should be delivered over to him for the United States government. Mr. Lewis was soon superseded by Mr. Webb, antd here ends the proceeding on the part of the t nited States representatives here, Mr. Webb remaining silent, so far as I can ascerttin, to the end of life.
I have thus as briefly as possible laid this case before your department, that you may give such instructions in regard to it as you may deem proper. It is a matter that took place a long time before my arrival, but from the evidence laid before me in regard to it, I cannot see anything to justify this government in their extraordinary course towards these men and this vessel.
It seems to have been a proceeding by the government for political purposes, rather than under any law. Nothing was made out to be on board the vessel
ANTONIO PELLETIER. 7
which indicated the intention they claimed. The papers of the vessel being in the hands of government, were not only suppressed, but three (I think that, is the number) of the crew at Grand Cayman who came to Port-au-Prince and stopped, were imprisoned and prevented from being witnesses for the captain.
aptain Pelletier is a citizen of the United States, and his vessel was owned in the United States. When sold it was purchased by a citizen of Hayti at a price very much less than its value-a trifle. The name of the vessel has been changed to General La Mane, and sails from this city to New York, and sometimes to Bangor.
The men have been very cruelly treated in the early part of their imprisonment.
I report this case to your department as I find it, and await your instructions.
I have the honor to be, sir, your most obedient servant,
It. I. WIIIDDEN.
lion. WILLIAM 11. SHvARi,
Secretary of State, lVashington, D. V.
P. S.-Since writing the foregoing, I am informed that while the William was lying in harbor at Port-au-Prince, a posse of the police went on board said vessel to overhaul the cargo, and in doing so trampled upon the American flag. By direction of the authorities, this posse of police were directed to desist from the work, upon the protest of Mr. Lewis. This was done in the night-time, and in a most wanton manner, as I am informed by those who witnessed said posse.
Mr. WVhiddrx to Mr. Sewcard.
No. 18.] LIKOATION OF TIE UNri-xit STATES,
Port-au-Prince, Hayti, February 6, 1863. SIR : Agreeably to printed instructions from your department, I scud herein enclosed copies of the correspondence from this legation to the government of llay ti, as per paper marked A, numbered from one to eleven inclusive, and also copies of the correspondence from the Haytien government to this legation, as per paper marked B, numbered from one to fifteen inclusive. Notes of conversations are all reported in my former despatches. The department will observe, from these copies, from my tbrmer despatches, and from former despatches from four department to me, that I have been some time waiting further instructions.
would suggest the importance of early answers in those cases, as delays are prejudicial.
I have the honor to be, sir, your most obedient servant,
1B. F. WHIDDEN.
Hon. WILLIAM 11. SEWARD,
Secretary (f State, Vasagton, D. C.
.1r. !Vkiddea to Mr. Dupuy.
L(iATION OF THE UNITED STATES,
Port-au-Prince, Hayti, November 13, 1862. SIR: In accordance with your direction I have received a note from the commandant of this arrondissement respecting the American citizens Thomas Ool. lar and John Henry Brown. By it I am informed that they have just been pardoned by his excellency the President of Hayti, and set at liberty.
8 ANTONIO PELLETIER.
I am informed that Captain Antonio Pelletier, an American citizen, and captain of the American bark William, is now imprisoned by order of the government of Hayti at Cape Haytien.
In order that I may see and communicate with him at a suitable and convenient place, I have to ask of this government to facilitate to me the means of doing the same at an early day.
I have the honor to be, sir, with the higheet consideration, your obedient servant,
B. F. WIlIDDEN.
General A. Duv,
Secretary of State for Foreign Relations.
Mr. lVhiddrn to Mr. D)upy.
LEGOATION OF TIHE UNITED) STATES,
Port.au-Prince, IHayti, Norcmber 21,J1862. Sin: Your letter of the 19th is received, and in answer I would say: In order that I may see Captain Antonio Pelletier in person, his transfer from the prison at Cape Haytien to the prison at Port-au-Prince is the only feasible way that is within my knowledge.
Please accept, sir, the assurances of my high consideration.
B. F. WIIIDDEN.
General A. l)Druvy,
Secretary of State for Foreign Relations, 4r., Or., 4~r.
Mr. Whiddes to Mr. )puy.
LEUATION OF THE UNITED STATES, Port-au-Prince, Hayti, December 17, 1862. SIa: I learn that Captain Pelletler, of the bark William, has arrived at Port-an-Prince. I would like to have an interview with him, and you will do me a favor in sending him to my residence under such a guard as may be proper in his case. I would name 9 o'clock to-morrow morning as the time.
Accept, sir, the assurances of my high consideration.
B. F. WHIDI)EN.
General A. Duruv,
Secretary of Foreign Relations, 4T., 4r., 4-v.
Mr. lVhidden to Mr. Duply.
LEGATION OF THE UNITED STAT'rES, Port-au-Priace, Hayti, December 25, 1862. Sir : Your note of the 18th of December, announcing that Captain Pelletier would be conducted before me for an interview, according to my request, has been received, and I have accordingly seen him.
ANTONIO PELLETIER. 9
His arrest, imprisonment, and treatment, together with all the circumstances attendant upon the same, have been communicated to the government of the United States. .
I have the honor to be, sir, with the highest consideration, your obedient servant,
13. F. WHIDDEN.
General A. Durtry,
Secretary of State for Foreign Relatios, 4r, 4-., 4 .
Mr. TFhiddea to lilr. Dupumy.
LBUATION OF TllB UNITED STATES, Port-.au-Prince, Hayti, January 5, 1863. SiR: It becomes necessary for me to see Captain Pellotier, of the bark William, in regard to certain papers of his which were taken from him on board the said bark.
You will do me a favor by sending him to this legation to-morrow morning at 9 o'clock. It will not be necessary to send such a retinue with him as came before, lie will not run away.
I have the honor to be, sir, your obedient servant,
BI. F. WHIDI)EN.
generall A. Durvy,
Secretary of State ./br Foreign Relationsa, 4r., 4v,, 4r.
Mr. IVAidden to Mr. Dupey.
LBATIrON OF THE UNITED STATE,, Port-au-Prince, Hayti, January 23, 1863. SIn : I callo your attention, some time since, in an interview for that purpose, to the condition of Captain Pelletier, who is in prison in this city. I am informed there has been no change made in his case. He is suffering from disease contracted in prison, and subjected to cruelties in personal treatment.
As soon as this state of things comes to your knowledge I am satisfied you will cause it to be corrected.
I ask that an investigation be made immediately into his condition, which I know you will cheerfully cause to be done, and that such corrections be made as humanity requires.
Accept, sir, the assurances of my high consideration.
B. F. WHIDDEN.
Seretary of State, 4r., 4r., 4.r.
10 ANTONIO PELLETIER.
Mr. Seward to Mr. WVhidden.
No. 1.] DsEPARTMEN'r OF STATE,
lVashington, April G, 1863.
SIR : I have given the subject of your despatch, No. 11, my consideration. From your statement, it appears that (in 1861) the American bark William, Captain Pelletier, an American citizen, sailed from Mobile to Carhagena on a legitimate voyage, and with regular papers. There she discharged a part of her cargo, and shipped more. At Grand Cayman she landed a sick passenger, with her husband, and incidentally disposed of a portion of her cargo, sailing thence for Port-au-Prince, her proper destination. At that port she discharged the residue of her cargo, but before sailing some of her crew were imprisoned for larcenies on board the bark, and in the course of proceedings the captain became involved with the authorities. Finally, the vessel having received her crew, sailed again, but when near Fort Libert6 she put in there in distress, when one of the crew who had been imprisoned deserted, and informed the authorities that Captain Pelletier had landed for the purpose of carrying away men into slavery. He was thereupon arrested, with his crew, ironed, and cast into prison. He was tried, and condemned to death, two of his crew to imprisonment, the remainder were discharged, and thevessel, with all tile property on board, general and personal, was sold at auction.
You state that at the trial Captain Pelletier demanded through his counsel leave to introduce evidence of his innocence, which was denied him. His call for the bark's register and other papers, all in the hands of tile government, which would, as he claims, have established his innocence, was disregarded, and finally, the court of Cassation set aside the sentence of death, and commuted it to five years' imprisonment, which punishment he is now suffering.
You seem to have devoted yourself with praiseworthy zeal to a full investigation of this case, and I would accept your unqualified conclusions of the injustice and irregularity of the proceedings in the matter as warranted by the facts, if I were satisfied that you were possessed of all the information upon the subject which has been laid before this department.
I think itp rper, therefore, before instructing you to make any official interposition in Captain Pelletier's behalf, to invite your careful attention to tile accompanying copy of a despatch from G. Eustis Hubbard, United States consular agent at Cape Haytien, dated April 13, 1861, which, with the accompanying papers, willrshow you not only that that gentleman was convinced of the unlawful character of the enterprise contemplated by Captain Pelletier, but will also disclose many important facts which seem to have warranted the conclusions lie adopted.
You will please to renew your examination of the case in the light of these papers, and report the result to this department.
I am, sir, your obedient servant,
WILLIAM H. SEWARD.
B. F. WII)D-.4, Esq., 4., ;., 4r.
Mr. Hubbard to Mr. Seward.
No. 41.] COMMERCIAL AoENCY OF THE U. S. oF AMERICA,
City of Cape Haytien, April 13, 1861.
SIn: I have the honor of informing you that the American bark William, of New Orleans, Captain Antonio Pelletier, has been seized by the ilaytien authorities at Fort LibertO, a small closed seaport about 20 miles east from this city, as a slaver and under very suspicious circumstances.
ANTONIO PELLETIER. it
From all the reports and evidences which I can collect, it would appear that the bark William, after a very roundabout and apparently illegitimate voyage on the Spanish main and among the West India islands, arrived, on the 21st of January last, in Port-au-Prince, where the master entered his vessel as coming from Nqew Orleans, although he could show no regular clearance from that city. This irregularity was passed over, and the vessel duly entered in the customhouse at Port-au-Prince; there she was suspected of beiug a slaver, which suspicion was substantiated by the written evidence of several of her crew and passengers, and the proofs were so strong that the authorities of Port-au-Prince visited and searched the vessel, but, contrary to law and usage, without having advised the United States commercial agent of the facts and their proceedings. There were found on board 20 pairs handcuffs, 12 six-barrel revolvers, 4 rifles, 1 pistol-revolver with poignard attached, and 2 kegs of powder', certainly a very large amount of arms and ammunition for a vessel in a legal trade-and in the hold a large number of beams, cross-bars and planks, water caskQ, (the report is for more than one hundred of the latter,) and a large quantity of provisions. Tie handcuffs were taken away and delivered to the government. After these proceedings, Captain Pelletier declared that his vessel had been seized, the American flag trampled upon, and abandoned her, demanding a large amount of money as damages; thus matters were arranged by the United States commercial agent at Port-au-Prince with the government, and after Captain Pelletier had sold some goods, which it would appear had been shipped on board the vessel as freight in Carthagena, to be delivered in Rio Hache, and taken a few tons of logwood, he left Port-au-Prince on the 20th of February. About the number of crew employed on board the William I have no definite information, but from all accounts it is very large, not less than 20 men of all nations, but principally runaway Frenchmen and Spaniards. As far as I can learn, the real object of Captain Pelletier in going to Port-au-Prince, and which he endeavored to effect there without success, was to engage 50 men and six women, Ilaytiens for the given purpose of working ag o island. When the William lot Port-au-Prince she was accompanied off tie coast as far as Cape St. Nicolas Mole by the Haytion war steamer, the Geffrard.
On the 25th of March the signal station of this city reported a square-rigged vessel in the northeast; on the 26th I saw the vessel myself from this port, and made her out to be a bark, beating up to windward against a stiff breeze. when, from the position in which I saw her, she might easily have entered into this port in a few hours. For five days she was in sight from the signal station, laying off aid on the coast under easy sail, gradually working up to windward, and sometimes anchoring in the small bays and inlets of the coast. One night the vessel anchored in a small bay called Fond-blam, near the village of Caracol, and the iext morning a quuntity of foot-prints were found in the sand on the beach near her anchorage. Altogether her movements in these environs wertvery suspicious and extraordinary, and we were here quite at a loss to account for her actions. The same bark was passed near here oi the 29th of March by an America, schooner bounA to this port; in passing, the hark saluted with the French flag; the schooner arrived here at noon the same day, and I elclose herewith an affidavit of Isaac B. Gage, her master, concerning these facts. On the 31st of March the then unknown bark went into Fort Libert and anchored. I would mention herewith that during the whole time the vessel was in the neighborhood of the cape she might have arrived here in a few hours. On his arrival at Fort Liberto, the master reported his vessel to be the French bark Guillaume Tell, of and from Havre to Havana, and that his own iname was Jules Letellier, and stated there that lie had got aground omi the Silver Keys, and wished to engage a number of workmen to go over there with him and save a portion of his cargo, which he had thrown overboard there to lighten his vessel. The next day, April 1st, he wrote a letter in the French language to
12 ANTONIO PELLETIER
the French-vice consul at this city, stating that his rudder was broken, and that lie would arrange it as soon as possible and proceed to this port with his vessel to put himself under his protection; a translated copy of this letter is herewith enclosed. It would appear that on his arrival in Fort Libertd the waster of the vessel did his utmost to put himself on a good footing with the authorities and people there, and one day invited a number of persons on board to dinner, treating them with great politeness ; and that the inhabitants of that town had not the slightest suspicion about the vessel until the 3d of April, when one of the sailors escaped on shore and made his declaration that she was the American bark William of New Orleans, Captain A Pelletier, and that the intention of the master was to kidnap a number of Haytiens and sell them into slavery. These statements aroused at once the people of Fort Liberty into action; the national guard was called out, the forts prepared, and the entire population of the town held themselves ready to repress any movement made against them. That same night, Captain Pelletier, finding his plans were discovered, endeavored to escape from the place, but being unnacquainted with the channel, got aground, almost under the guns of the fort. The next (lay, tile 41h instant, the French consul of this city arrived in Fort Liberti, and immediately commenced to investigate the case, and wrote a letter to the captain, J. Letellier, (he still keeping up his character as a French citizen, commanding the French bark Guillaumo Tell,) requesting him to come on shore and deliver up his papers; this letter remained unanswered, the master verbally refusing to leave his ship. The next day, tlhe 5th of April, the French viceconsul sent another summons on board for tile master to come on shore immediately, threatening to employ force if he did not come voluntarily. The master then replied by letter, that lie could not leave the vessel until she got afloat ; afterwards, finding that hostile steps would certainly be commenced against him if he did not comply with the consul's request, he hoisted a white flag at the main, and addressed a second letter to tie consul requesting a safe conduct to shore, which was at once forwarded to him. Copies of the two above mentioned letters from the master to the consul, signed J. Letellier. are in my possession, but their contents are without particular importance. The captain then came on shore ; his papers were examined, and his vessel was proved to be the American bark William of New Orleans, commanded by Antonio Pelletier, the same vessel already suspected of having been a slaver in Port-au-Prince. After depositions of the statements of the captain and crew had been taken, they were confined in prison. The vessel was then got afloat, brought back into the harbor of Fort Libertl and anchored near the town; seals were put on tile hatches, and a guard of Haytien soldiers placed on board ; the papers of the vessel, captain's letters, &c., being deposited in the bureau of the place, together with all the arms and ammunition found on board, the captain's wife was allowed to remain on board, together with the cabin boy and cook.
On the 6th instant, as a last resource, Captain A. Pelletier addressed me a long, open letter, pretending to give an account of his proceedings, and the reasons for his having changed his vessel's name and his own, a copy of which letter is herewith enclosed, together with a copy of my despatch in answer, in which I announce to him that, in consequence of his highly suspicious actions, I do not deem it my duty to interfere in the matter with the Haytien authorities. The letter of Captain Pelletier to me is well calculated to excite sympathy and pity for him in his present position; but, unfortunately for him, his assertions are notoriously untrue. I have proved to him in my letter, first, that it is impossible that he had lost his rudder and false keel ; secondly, that he might have arrived in this port at any time from the 25th to 30th March ; thirdly, that he knew perfectly well where he was going, and on what coast he was; and, fourthly. that he had piratically employed the French flag before arriving in Fort Libertd. Besides these, he asserts in his letter that the American ensign was floating at
ANTONIO PELLETIER. 13
the mizzeu peak of the William when she was seized. This is not true; and I enclose herewith a letter from the French vice-consul to me, positively declaring that the American flag was never hoisted on board of the vessel at Fort Liberti-; she was seized as the Freuch bark Guillaume Tell, and it was only after examination of her papers that she was proved to be the William. Captain Pelletier also complains that his wife has been thrown into prison, which is also untrue, as the lady still remains on board.
Another very suspicious circumstance about the William is, that after leaving Port-au-Prince, the name of the vessel and the port to which belonging was erased from her stern, so that the vessel bears on her bull no indication or mark of her name or nationality.
In my opinion the cutire movements of the bark William, about this island, have been highly suspicious, and I have no doubt but that the intention of Captain Pelletier was to induce a number of ilaytiens to go on board of his vessel, under contract or otherwise, and then make his escape with them and sell them into slavery. This project is most hardy and daring, and it is difficult to understand itq conception at the present advanced age. It is very possible, however, that he would have succeeded in his nefarious design had not the vessel already had suspicion fixed upon her in Port-au-Prince; indeed, my own doubts about the legidity of the vessel's proceedings were so great that, had she escaped from Fort Liberte, I should at once have written to St. Thomas, Aspinwall, and lHavana, requesting the American consuls of those places to lay the facts before the commander of any foreign man-of-war in port, so that the vessel might have been apprehended and her real intention discovered.
It is possible that the vessel may he brought to this port, and the captain and crew escorted here for trial. I would therefore most respectfully ask information from the government what course 1 am to take if the vessel is afterwards given up and part of the crew released after examination, the latter of which will probably be the case. It is an undoubted fact that these men are composed of the refuse of all nations, and that they are not on a legal voyage, although provided with American protections. I would very respectfully call the attention of the department to these facts, and solicit an early answer as to what course I am to pursue in this matter.
I have the honor to be, very respectfully, your obedient servant,
G. EUSTIS HUBBARD.
1tO1. WILLIAM 11. SIWARD,
Secretary (If "Tatr, 4-r., l'.
1. Affidavit of Isaac B. Gage.
2- Letter of J. Letellier to the French vice-consul.
:1. Captain A. Pelletier's letter addressed to G. E. Ilubbaid.
4. Ihubbad to Captain Pelletier.
5. Letter front the French vice-consul denying the hoisting of the American flag on board of the William. (Tie last four, copies.)
Copy of aidaiit of -aac B. Gase, mater of' t]e American schooner Joseph NVickersow, about hi haviacj met a French vessel under auspicious circumstances.
I, Isaac B. Gage, master of the American schooner Joseph Nickerson, of Boston, of the burden of 1981- tons, now at anchor in the port of Cape Haytien, do hereby depose and certify that on the 29th Mdarch, at 2 o'clock a. m., we
14 ANTONIO PELLETIER.
then approaching the land of Hayti, hove to his vessel. At daylight, half-past four, Point Picolet bearing south-southwest 18 miles, made a bark three miles in shore from him, it being then calm, with a heavy sea running; both vessels stood off shore, the bark gaining somewhat on the schooner. At nine o'clock a little breeze sprung up, and he, fearing the two vessels would come too near together, kept off, and wore ship and passed astern of the bark about a mile to leeward, the bark still continuing off shore; as the vessels passed the bark saluted with the French flag, and the schooner answered by showing her colors in the main rigging. The bark had two royal yards, two quarter-boats, and when seen by the deposer was under the following easy sail: two topsails, spanker-mizzen stay sail, foresail, and flying-jib; everything about the vessel was taut and shipshape, and he should judge her to be a vessel of about 400 tons. Under the cirenmstances in which he met the vessel, the deposer could not tell where she was bound, nor from, nor what she was about.
ISAAC B. GAGE.
Signed in the presence of.JOHN L. WILSON.
BRNJA. P. SPAHR.
Translated copy of a letter addressed by Captain Pelletier, qf the American
hark William, under the false name f Captain Letellier, of the French, hark Guillaume Tell, to the French consul i Cape Haytien--e original
letter written in French.
FORT LIIxRTrf, le lot Aptil, 1861.
)III. CoNsul, : I have the honor of informing you that the French bark ( uillaume Tell, from Havre, bound to Havan, got aground on her return for her point of departure, in the passages in a gale of wind southeast to northeast, and that she has experienced heavy damage, among others broken her rud(ter, topmasts, and false keel, lost a chain, two anchors, sails, &c., &c.
In the impossibility to continue my voyage, I had to let the vessel drift to reach the first port to repair damages, and it is by the effect of this drilling that I find myself in the port of Fort Libert6, which port is not, as I have been informed, open to commerce.
I have the bonor of informing you, Mr. Consul, that my intention is only to arrange hero my rudder, to enable me to steer my vessel, in order to render myself to Cape Haytien, where I shall have the honor to put myself under your protection. This will be to-morrow or the day after.
I have the honor to be, Mr. Consul, with respect, your very obedient servant and countryman,
The FII NCII Co NsuL at Cape, Haytie,.
Copy of a letterfrom Captain A. Pelletier to G. Eustis Iubbard, United States commercial agent at Cape Hayltien.
FORT LiBuERT, April 6, 1861.
DEAR SIR : It is in a miserable dungeon that I write you, where I were placed yesterday with all of my crew. I am master of the American bark William, of New Orleans. Some time ago I left Port-au-Prince, where I was the victim of great vexation and injustice, inflicted upon me by the authorities of that place. Mr. Lewis, our American agent, did "his utmost to get redress, but at last I was obliged to leave for New Orleans, and had a misfortune in a
ANTONIO PELLETIEIL 15
gale of wind to drift on shore into the Bahama passage on a bank, which carried away my false keel and rudder, sprung fore and maintop masts, &c., &c. I was drifting about at sea for many days, almost unable to steer my vessel, and the first land which I reached was this place, where I could not get a pilot, and I had to put in at any rate for to save my vessel, and there again I had the misfortune to run aground. A boat put off from shore, and I was really thnnderstruck when I see she was flowing the Haytien flag, because I was assure that if they should find out that I was the bark William, I should certainly get myself into more trouble. As to her bad name I will explain to you; that vessel was sold by the United States to me. having been captured on the coast of Cuba with slaves, and ever since I have owned that vessel I have been tormented by injustice of people which don't wish to inquire into the private character ,f a man before, they should act in the manner they did against me. My social position ia the United States is very good, as I will be able to prove to you, if; s of no doubt, you come here to reclaim American citizens and p property to a large amount, which to-day is completely in their possession.
ith great trouble I got my vessel afloat again, and put myself to work with my men to repair my rudder and other injuries to enable me to put off immediately, as 1 were fearful they would find out who I was, and with the purpose of keeping secret I hoisted up a private signal at the head of my mainmast. which was a small French flag, leaving the American ensign always ready bent to hoist 1p at the mizzen peak in case of necessity. Two boats full of officers, the second day I was there, came aboard to inquire who I was, and at the same time to register my ship ; they made me open my hatches and overhauled everything in the hold; when they found everything was light, and that I had in nothing but was lawful, they came in the cabin and demanded my papers, and I had, for the sake of saving myself, ship and crew, telling them that my papers having been wet with salt water after running aground, as it would be dangerous to touch them, as they would fall to pieces ; that falsehood obliged me to keep up the appearance of a French vessel, and I told them that the vessel's name was the Guillaume, which means in French William, and that my name was 'rellier. This is my only crime, Mr. Consul, and if it is one I wiTl leave you to be my judge. 1 was expecting to leave iii two days, and wrote to the commander of the place. I did not wish any communication with the shore, as this port was not a port of entree ; the only thing 1 was wishing to do was to fix my rudder to steer as far as the cape to put myself' under the protection of my lawful protector. You will see Fiy this that 1 was acting with best of motives, which were to save myself, ship and crew, which are all under American protection, which 1 beg of you. in the name (if myself, crew, wife and family, which are all here with me, to protect us ; and if I am guilty by having employed those means before stated, for the purpose of saving my ship, at least save a poor wonan and tmily and my crew, which are not guilty, and it you wish to send me to the United Suites to be judged by Christian laws; but here I am in danger, so the rest are, with tie feelings of hostility which exist against me and crew and family in this place.
Now, sir, you will allow me the last act of this drama, which has put me completely in their power, and which will be our complete destruction if, without a moment of lost time, yo don't reclaim us and prohibit our transportation to another part of the island, which they may do at any moment. On the night of tie ')d One of MY men ran away from the ship and made declaration that I was the bark William, of New Orleans; that sUie had or was a slaver, and that I meant to rob, and I don't know how many falsehoods, guided by the spirit of vengeance. I was then requested immediately to come on shore with my papers; my boat was stopped, my men examined, and then sent on board again ; then I received a communication from the commander of the p lace, if I wanted to leave lie would take measures to detain me. That night, having
16 ANTONIO PELLETIER.
fixed my rudder a little, I very slowly got under way with the purpose of going to the cape to put myself under your protection, the wind very light and the current strong. I ran aground dose to their fort at the mouth of the river. That morning having received a communication from the French consul, which had arrived from the cape, to come ashore immediately with my papers, and that if I didn't hostile steps would be taken against me and vessel, lie was very angry, as he had been misled to believe it was a French vessel, and he is a man (if great influence here with the people of the country. I am afraid my lot will he a hard one if you don't look upon me with mercy and come immediately to the rescue; and for God's sake do it.
On the morning of the 5th five schooners and several boats, full of men, about two or three hundred armed with loaded muskets and swords, catne and took me by assault and firing. I was obliged to hoist a white flag to the main for the purpose of getting a conversation with the commanding officer, which came alongside. I asked him what that meant ; his answer was, 11 by order of the French consul ;" although the American flag was up, and, to save bloodshed. 1 had to give myself up. I was ordered to take my papers along with me, and the moment I arrived ashore I was searched, as well as my boat's crew, and my papers were overhauled and taken away from me, as well as the protections of all my men and private correspondence, which is now in the possession of the commander of this place. My ship was got off and put under way and brought back here to town, losing my anchors and other damages which I don't know yet to what amount, and we were all put in dungeon; from hour to hour I don't know what will be our fate.
Therefore, Mr. Consul, I beg of you, as a Christian and representative of the United States, to give me that protection which we stand so much in need ; at the same time note my protest, and I beg of you not to condemn me until you hear me, as I am very sure the French conasiiwill try to influence you against me. But you must recollect if there is one which has committed aiiy fault it is nothing but me, and I only demand a lawful trial- of my country; therefore, i crew and family are innocent, and deserve your pity and your protection ; witri all respect due to the representative of the United States, you will immediately grailt to them.
I am, sir, your most obedient servant,
Mr. IlURRAl, Master of th~e Anterican Bark Villiam.
Commercial Agent If United States at Cape Haytien.
Since writing tits last my family were likewise put in a prison. lor God's sake do come; the French consul is at the head of all.
copy of deslpatch from G. Eustis Hubbard, commercial agent o]" the 'sitrd
States of America, to Captain A. Pelletier, in aaxwrr to hit colnelmi,atinn of
the 6th of April, 1861.
No. 9.] CAR- HAyTIMN, April 11, 1S66.
Si1: Your communication of' the 6th instant has been handed to me, open, by the Haytien authorities, and its contents hive had my careful attention.
You endeavor to prove to me that after having left Port.au-Prince you raii ashore in one of the Bahama passages in a gale of wind, and there lost your rudder and part of false keel ; that after drifting about without being able to steer the vessel, the first land you made was Fort Libert -; that on discovering the Haytien flag you became frightened and hoisted a small French flag at the main, proclaiming your vessel to be the French bark Guillaume. 'I'hecse asser-
ANTONIO PELLETIER. 17
tions are entirely untrue. Had you lost your rudder and part of false keel, as you pretend, it would have been impossible for you to beat up to windward from the northwestern point of this island to Fort Liberte, a distance of 100 miles; that Fort Libert6 was not the first land you made, and that you was perfectly aware that you were on the Haytiei coast, and where you was going, is proved by the fact that you were in sight from the signal station of Point Picolet for five days, lying off and on the coast under easy sail, gradually working your way up to windward. On the 26th of March, at 2 o'clock p. min., I saw your vessel with my own eyes, jammed on a wind with a stiff breeze, in such a position that you might have arrived in this port in three hours, had such been your intention; that you hoisted the French colors beforeyou arrived in Fort Libertc, and for purposes which you alone can explain, is proved by the fact that on the 29th ultimo you saluted an American schooner at sea by running the French flag up and down three times at the mizen peak, Point Picolet at the time bearing from the two vessels south-southwest, distant about 15 miles. O()f this I have in my possession the written affidavit of the master of the schooner, and this alone would prove you to have acted as ait pirate.
I am sorry to inform you, sir, that under the circumstances I do not deem it my duty to interfere in the least with the iaytien authorities in their action in regard to you and your crew, and must positively, in consequence of your late suspicious actions, withhold from you that protection which you might otherwise have claimed under the American flag. I ou have rendered yourself, by your proceedings, amenable to the law of nations, and you will have to prove your innocence before a competent court of law and justice.
I am, sir, your obedient servant,
G. EUSTIS HIUBBARD.
Captain A. Pam.i.Lnrlil,
'rison of Fort Liberti.
Translated copy of a dispatch from E. Mlenman, rice-consul of France at Cape
IIaytien, to G. Eustis Hubbard, United States commercial agent.
No. 71.] CaI's IIAVTIEN, April 12, 1861.
Sin: I have the honor of advising reception of the letter which you have addressed to me this day, asking me if the American flag was floating in the vessel seized at Fort Liberty.
I hasten to write you that I remained two days in Fort Liberty, and that never the flag of your nation was hoisted, for in that circumstance I should have guarded myself about writing to Captain Lotellicr, and not Pelletier, as lie calls himself to-day. The correspondence even which I have had the advantage to communicate to you proves that he claimed protection from me as his countryman.
The authorities and the entire population of Fort Liberty, besides my statement, can always confirm this fact.
Receive, Mr. Consul, the assurance of my high consideration,
I "ice- Consul of F'rance.
The CONsuL of the United Statcs of America. ce-Consul of France.
Mr. Hubbard to Mr. Seward.
No. 42.] COMMERCIAL AGENCY OF TIlE U. S. or AMERICA,
City of Cape IHayties, April 15, 1861.
SIR : 0 0
Since my despatch No. 41. of the 13th instant, concerning the seizure of the Americani bark William, at Fort Libertd, by the Haytiengoverniment, on suspiI. Ex Doc. 260-2
18 ANTONIO PELLETIER.
cion of her being a slaver, nothing of importance has occurred in that case except the arrival here of eight of her sailors, who are and have proclaimed themselves to be Frenchmen. It appears that those still remaining at Fort Libert6 claim American rights, and they will undoubtedly be escorted here in a few days. Beyond this I have no direct information about the movements of the government regarding the vessel or crew. I have received another letter from Captain Pelletier, couched in about the same terms as the first, which has been written and sent in secret. I would respectfully call the attention of the United States government to this affair, and earnestly desire their instructions about the course I am to pursue in the premises. *
I have the honor to be, very respectfully, your most obedient servant,
G. EUSTIS HUBBARD.
lion. WHVLIAM. It. SEwanD,
Secretary qf State, Washington.
No. 43.] CoM IA~inel.A A.iEN-t oF TE., U. S. oF Am.ani(A,
City qf Cape Ilayticn, May 20, 1861.
(n the 5th instant Captain Pelletier and wife and the remainder of the crew of the bark William were brought to this city from Fort Libertt0, and placed in prison; the vessel was also brought here by a Hlaytien crew. During their inprisonment in this city the captain and officers of the vessel were treated with a great deal of severity, as is the custom of this country, and not allowed to communicate with any one. This morning all the officers and crew of the vessel, with the exception of the mate, in American, who is at present sick in the miilitary hospital, were placed on hoard of a Ilaytien government sloop to he taken to Port-au-Prince for trial, and the vessel proceeded to sea at once. The bark William still remains here awaiting the orders of the government, and will undoubtedly be also ordered to Port-au-Prince ; the sick mate will probably be placed on board. The affair, therefore, will be under thie control of the United States commercial agent at l'ort-au-Pri nce, for niall matters concerning the interests of American citizens concerned. *
I have thle honor, &c., &c.,
G. EUSTIS HUBBARD,
United States Commercial Agent.
1Ion. WILLIAM II. SEWARD,
Secretary of ,'tat', 11'ashington.
ir. 111/ to Mr. Seward.
41 PARK how. N~w YORK,
October 30, 1861.
My DEAll IH : Iherewith I enclose to you for your ('fhecial consideration eerlain protests of Captain Antonio Pelletier, now under sentence of death by the authorities of layti.
Captain Pelletier I knew most intimately, having served him as his legal counsel in thise city for everal years. I do believe that hlie has been unjustly condemned by the linyltien authorities, that suspicion has been substituted for facts, 'and that the desire for a victim on the part of this negro government is about to be Enti-fied in the person of Captain Pelletier, unless our government
ANTONIO PELLETIEII. 19
should intervene for the protection of an American citizen. Surely the American government will not fail to perform its duty in the protection of the American citizen, in whatever part of the earth hemay be, on the pleathat adomestic war absorbs all its attention and all its powers. Such a confession would be weakness indeed. I shall believe that all the energies of the government will be displayed in the premises to save the life and the liberties of an American citizen.
I shall be pleased to hear from your department in this matter. 1 will ask so much of your favor that I may communicate your action to Captain Pelletier by the earliest vessel.
Very respectfully, yours, RUFUS J. BELL.
RUFUS J. DELL.
Hon. WILLIAM II. SHWARD,
Secretary of State.
PORT-AU-PRINCK, September 10, 1861. Sn: Enclosed I send you, by order of Captain Pelletier, different documents of his.
In his protest (oil laytien stamp paper) he declares why he had hoisted a French flag, and this is the only wrong he committed Now, will this be sufficient to abandon him to this people ?
My opinion is that the federal government should be informed of it. I cannot understand that he should have forfeited all protection by hoisting another flag in order to save his vessel.
The new American commercial agent, Mr. Seth Webb, has no experience in this country, and if hlie believes what thie natives tell him, he might become their tool or instrument.
I am, sir, &e., &e., &c.,
lRuus T. l LL., Esq.,
Attorney-at-law, 124 Nassau street, Nero York.
Porr-AU-IuNcK, September 10, 1861. SIR: Captain A. Pelletier is entirely unknown to mie, and if I did something to linger his many sufferings it was for humanity's sake and for no other reason.
I knew also that he committed no crime in Hlayti, nor did hlie attempt to commit crime, and as to'the accusation which says lie had the intention to seize a Haytien man-of.war, it is, in the opinion of the honest class oif people here, the most ridiculous complaint a colored man could invent, and in the mean time a groat insult to the Haytiens themselves.
Relative to] the proceedings used towards the captain and other Americans from bark William, they have been inhuman and illegal, and in opposition to the laws. 'The American nation has been insulted, as the captain declares it, it is all true. I think you would do well to encourage the New York Herald to publish Pelletier's writings which have been sent to Mr.Bennett. It is to be expected that the United States government will interfere, otherwise it would be shameful to be an American citizen. Should 1 give the details of what happened I fear no honest man could believe it.
I am, sir, &c., &c.,
R. T. BELL, Esq.,
Attorney-at-law, New Yor..
20 ANTONIO PELLETIER.
2t1r. Pelletier to 1it. Lewis.
PRIsoN OF PonT-Au-PRINCE, IN ONE OF THEIR DUNGEONS,
On August 26, 1861.
DEAR SIR: Allow me to send you this letter, which may serve as an additional note to my many protests already sent to you. and which may give you a true light of the deep intrigues which some of the authorities here wish to use as a cloak to hide their double meanings, as will be explained as follows:
My crew is com osed of all French, with the exceptions of my mate, one man and myself, Who are American citizens. By the treaties between France and the republic of Hayti, no Frenchman can be subjected to a sentence which gives a positive punishment ii this country; that is why, sir. you have secen rom the beginning the French part of my crew enjoyed the wide path and privileges and full liberty, whilst we Americans, lawful citizens of the United States, were subjected to the most inhuman and cruel, barbarous and never beard wild-like treatment, chained up like mad dogs, dragged from station to station in this republic, flogged almost to death, pelted by stones by it wild population instigated by vile intrigants, and finally arriving in Port-au-Prince chained up by our feet, dragged into the gutter, pursued by 3,000 or 4,000people wild with madness, bleeding, our clothes torn from our bodies, and made to walk two miles, and thrown into a filthy dungeon, deprived of food and air, victims of all the barbarous which the devil could invent into the hands of the deed intrigants. I will ask you, Mr. Lewis, what crime have we committed, and what proof had they of guilt against usI They only had those proofs which they had obtained through bribery and subornation, as it was proved so clearly before you by affidavits which proved to you clearly that their intention was to shade their abuse of authority by infringing over the laws of civilized countries.
That is why, sir, we have suffered al those pains before mentioned ; first, because we were American citizens ; secondly, as an American citizen I was not afraid to declare to the President of Ilayti the names and the mode employed to prove the legality of their steps.
That is why, Mr. Lewis, finding me with my ship inl distress upon the shores at Fort Libert6, my rudder away as well as my false keel, and my ship in an unmanageable condition, it would be for them a very easy matter to obtain. through the same means before employed, proof to get a victim of their private vengeance; that is why they have not stopped to anything in P'ort.au-Princo since they have had me in their power. Tlme first move they made to make sure of me was to try to have me judged before a military court, where they were certain to obtain their great wish, my execution, the ony price which could satisfy their private vengeance; for that purpose they began their integrity, and when they found some of my crew, which no inducements could make them tell lies and falsehoods which could accriminate me, J. J. Silavois, public prosecutor, charged his battery and employed the most violent threats, such as "we have obtained the head, that of the captain, in which skull we will drink his blood, and if you do not declare such and such a fact, (mentioninig the false accusation which they wanted to prove,) at the place of one victim we will have twoyou shall get shot." This fact happened to John Henry Brown, one of my American crew, who has been with me since I sailed from Mobile; being a honest man, never the fear of death would make him tell au untruth. To other men they were threatened to be put in irons, and other punishments, but to no avail; and when they found that not a single fact had not been obtained to prove my guilt, by all the means employed could not obtain their wishes, my life, that process was abandoned, and they began a new interrogatory for the purpose of having me judged before one of their jury; but God, the just, only knows the vile. contemptible means employed to convict me. Seduction, bribery, and
ANTONIO PELLETIER. 21
villainous acts are ever known generally to the Vublic to be the tools employed by J. J. Silavois, as all knife of two edges, satisfying his vile passions on one side, and on the other to obtain my death. My supercargo, Urbain Castay, and his reputed sister, (Mad. Lacolet, of Havana, born Deureux, of Paris,) which both persons have been taken by me in the utmost poverty, enjoying all my bounties, were found to be the fit agents of the diabolical purposes of their master, J. J. Silavois. I shall not enter into the details, they are too disgusting and too well known generally to the public for me to tire you on that subject any longer. Only one fact I will mention: that supercargo and his sister, for fear that public vengeance would open the eyes of the public press, and by that means their names will be known all over the world as having sold their benefactor, they had enough power on the prosecution to have their names changed on the dockets. I shall not name to you, sir, the many injustices, the abuses of authorities, the unjust and unlawful judgments rendered against me, all for the purpose of having me convicted with the rest of the Americans, as I am well aware you are acquainted with all these facts, and that you have protested most energetically against it. The only fact which they may think I have committed was to follow the laws of the United States, which any shipmaster is allowed to follow, which is, when in danger to fall into the hand of a privateer or into the hand of an enemy known to him, he may take such a precaution which may save the property of a United States citizen. My ship being in distress and unmanageable condition, I was too well aware if my vessel would be recognized by the authority of Hayti, I should be what 1 am to-day, a victim, the property of the United States lost ; that is why, having found that my ship had drifted on the hospitable shore of Hayti, the state of my vessel prohibiting me of going away to another port where I could receive the protection which I was entitled to, I called my crew aft and told them their dangers ; they were into a foreign port not open to commerce of a foreign country, not recognized by the United States and an enemy to me, and the laws of the United States consider me as on the high seas, and therefore considering myself in danger of losing my vessel, my liberty, and that of my crew, if they should recognize the bark William, and only wishing to remain one or two days, time enough to repair my rudder, I should disguise my ship and make her pass as French for the purpose before mentioned, and for that reason only. That is my only/ crime, if crime is.
Now, sir, my position is this: I and the other Americans certainly will be condemned if they have put the French part of my crew as complices, was only to shade their bad intentions, as they will never hurt a Prenclnan. (See the treaty between France and Ilayti.) And that's the very reason why, if their have bribed a Frenchman to tell a falsehood against me, and can do it without compromising himself, as he is where lie will escape punishment.
I have to notify you, that if they cannot obtain their desired vengeance by their illegal steps giving them always a shade of lawfulness, they witl obtain my death by violent means, calling it a natural death, and maybe the rest of Americans also with me. Under those circumstances, therefore, I beg, in the name of myself and crew, in the name of the United States in which we are citizens, that you may take such a step at least which may secure us from violent death, of which we are exposed every minute-in the day shut up in our dungeon; which act of justice I hope you will see the urgency.
I am, dear oir, respectfully, yours,
Mr. Lwis, Master of America* Bark William.
Commercial Agent of the thaited States.
No'r.-If I ask the protection of the representative of the federal government of the United States, is because it's my right as a voter and real-estate
22 ANTONIO PELLETIER
holder ill the city of New York, where my family resides. Yet as a democrat, elected in the city of Chicago, Illinois, as an alderman of the ninth ward by the said party, always a Union man and still a true one, I never forfeited the right to the protection which I demand to-day ; and if I am found to-day to command a vessel belonging to the State of Louisiana, at the time I took said vessel that State was still tinder the glorious institution called the United States.
IN A I)UNCON OF PORT-AU-PRINCE, IIAY'TI, June 21, 1861.
In the name of our just God, I, Antonio Pelletier, citizen of the United States of America, according to my act of naturalization, dated New York the 2d day of November, 1852, and master of the American bark William, of New Orleans, over which vessel I have the lawful and legitimate command, protest against the barbarous, unlawful treatment to which I have been subjected by force on the part of the Haytien people and Ilaytien civil and military officers; protest against all their acts against me, my crew, my vessel, or things belonging to me, my crew, or my said vessel, for the reasons I shall give according to my dignity
-s a United States citizen, master of said bark William.
Whereas the bark William, under my command, was found by me to be in a bad working order, not being able to go about, I was obliged to run for the island of Inagua, for the purpose of taking more ballast, whichI did immediately after having come to an anchor in a bay called Men-of-war bay; by the meantime that I was working, breaking stones, and getting my ship ready for sea, a very heavy gale of wind from southwest-southeast struck me with such a force that I was obliged to slip my chains by the ends to save my vessel from going ashore. 1 had several men working on board from shore, helping me with their boat to take in ballast. These men had to go to sea with me, their boat and all-they were all negroes ; and for the purpose of taking those men back to their homo and family I was obliged to beat up to the windward for several days, and it was in entering the port of Men-of-war bay for the aforesaid purposes, and at the same time to fish up my anchor and chains, that the pilot run me upon it reef, where I lay thumping for 18 hours, losing my CIge keel, my rudder carried away, both top masts sprung. In that position I determined that I could get to a bay where I could lay in still water for the purposes of fixing my rudder; 1 would go, as I did not want to enter any port where tile expenses would have eaten 11 my ship and lost of my crew by desertion, as I wished only to fix my rudder and lash my masts ; therefore I kept close upon the wind, after having cut a hole in my rudder and passed a chain through it to keep it close to tih ship to enable me to steer her. I was great many days drifting about, as the fastening of my rudder gave way, and the currents taking me northeast. By observation at last I came in sight of this island,and by observation I was about two degrees further to the windward than I had the ill-'iLck to find myself, my chronometer having been spoiled by the heavy striking of the ship when ashore. I tried for two days sounding to get bottom, but I could not. I had always a flag flying at my foremast head, demanding a pilot, but none came. At last, fearing that if I should go to sea again that day my rudder would go altogether, and that I should lose the vessel, I decided to enter the first place I could; and having seen a small port I steered for it, and without a pilot I went in, but I would not go over one-half mile in; that I saw with the glass a flag, which, after having looked with great attention, we knew to be the laytien flag. Then I knew I should have trouble, if the authorities of Iayti should find out the vessel's name or mine, and consulted with my officers, and as I could not go back, the wind blowing from tile sea. My crew the most part of them were French, which I had shipped at Portau-Prince,four young men not over 20 years of age. 1 came to the conclusion not
ANTONIO PELLETIER. 23
to disclose the name of my vessel nor mine, not wanting to stay there more than two (lays, tile time necessary to get my rudder fixed to enable me to go to my port of destination, New Orleans. The visiting officer came ol board and I told my crew that they must say that we were French from Havana, bound to Havre de Grace, and that instead of calling me Pelletier they should call me Letellier. To the captain of tile port I said the same, and told my supercargo to write in my name a letter to the commanding oflicer of the place, telling him the state of distress of my vessel, telling him: that my intention was only to repair so far my vessel, so as to cuable me to proceed on my voyage; and that I would not infringe in any way upon the rules which he would be pleased to dictate. He came next (lay on board with all his officers and made a report which he made me sign; visited the whole ship, and then told that he wIas going to write to the French consul to let hin know that I was there, and insisted" that I should write to said consul. I was afraid that if I refused he would be suspicious ; at the same time I was afraid that the consul would come down to Fort Liberty. I therefore got a note written by my supercargo telling the French vice-consul thtt my vessel was French, calling her the Guillaume, which was William in English, but that I had been obliged to come into that port by the distress of my vessel, but that 1 would he going out the day after, as I did not mean but to lix my rudder. That night one of my men, the boatswain, of the name of Miranda, ran away. Ile was a mail who had tried to poison me and officers to take the ship away from me ; al by the statement of' the whole crew I discovered afterwards that he had shipped with fie only with that intention, aid lie has stated that he had promises from the authorities of this place to give him the vessel, and make him an officer in their navy. He had even made offers to soine of my men if they would help. him, that they would be liberally rewarded by the Hlaytien authorities. Having run away with one of my boats, lie went and made a declaration against me to the authorities of the place, stating that I had come there with intention of stealing negroes. I received next day an order from the commanling officer of the lace that I must go ashore with my papers to prove my nationality, but 1 answered that it was impossible for me at that moment to go on shore, that may rudder was on my deck fixing, and that it was against the law for fn to leave my ship in that state, but that I would as soon as my rudder should be in, place. About two o'clock ill the afternoon, a boat of mine having come back from shore where 1 had sent them on duty, reported to me that the authorities had stopped them, taken my boat and examined the men, and after a great many questions let them return to the ship. I then wrote to the commander of the place that I did not know why lie should have used hostile means against me or my men, and that I had Just been informed by my boat's crew that they had been stopped, and therefore I was determined not to have any farther intercourse with the shore; to do me the favor to let fie know if I was indebted on shore that I would send the money, as I should certainly leave the port that day. An answer came late that evening that I must not move from where I was, and that if 1 did I would have to bear the consequences. At two o'clock in the inornig,.iaviug ia very little land breeze, 1 got under way to get out of that port, to save my vessel from them. I got so far as the last point of the river, and I expected that two minutes would put me out to sell, when the wind died away, and the currents put me against a bank of stones, where I was obliged to lay. In the morning I received a letter from Mr. Meican, French viceconsul at the Cape, telling Te to come ip immediately to their place With mY papers and prove my nationality, as lie knew I was the American bark William, and that my name was Pelletier. The bearer would not take any answer from me, and as my ship was ashore I could nor would leave her, in hope to get her out. Next day a force of five schooners, full of armed men, about three or four hundred, came along close to my vessel, which was bard upon the rocks, and fired at me, while I was standing on the quarter-deck. I had armed my men
24 ANTONIO PELLETIER.
with the intention of defending myself if it was necessary ; but first I hoisted a white flag to ask them what they wanted. The officer who commanded that force, and which was composed of part soldiers and part citizens of the place, were all drunk, and when the general came alongside he said to me not to mind them; that they were in a state of drunkenness, and that was the reason why they had fired without orders; that I must go with the vessel up to the town. My ship was gone off by them, taken possession of by them; my papers, private and ship papers, were taken, and I placed in jail in a dungeon, where I was insulted by the people who would come and look at me through the iron bars. When I came ashore the French consul put a pair of pistols on my breast and got me searched. We were obliged to live there in the dungeon for six weeks, living upon the charity of a few persons who sent us some food. At the end of six weeks a schooner of about ten tons came from the cape to take us away; we were put in irons and placed in the hold of that vessel, six of us into a space of six feet square, until we arrived at the cape, where we were marched between a file of soldiers and in the midst of a few thousand people, which abused us throwing stones at us. There again we had to live upon public charity, until we were again placed in irons, put on board the same schooner, bound to Portau-Prince, where we arrived, and were made to walk with heavy irons of the length of a foot, about two miles, the blood running down our heels, produced by the irons. One of my men being sick, fell to the ground and could not get up again; then they took him by the legs and dragged him until they loft him as dead in the yard of the jail. All we who claim to be Americans were put into the secret and in irons, and I am still in the "secret;" and the little food they give me I am always afraid is poisoned. I know that they are determined to have my life and my vessel, which they have now in their possession, destroying everything. The examination of witnesses in my case has been totally illegal,so far as facts have been obtained by threats and that before me; therefore I protest tigainst a trial without jury in whatever country it might be, as illegal and unjust. I claim the American protection,and refuse to accept Haytien authorities as competent over the American citizen and vessel ; and that the French and English consuls had positively declared to the ]laytien government that I ought to be judged in the United States. I committed no crime on Hlaytlen territory, neither murder nor kidnapping nor theft, nor attempted to commit crime, and that consequently layti has no right over me or my vessel; that I recognize only the United States authorities over me ; that it is a world-known fact that Haytien justice against white men has always been partial, and finally that Hayti is not even recognized by the United States.
I am ready to answer before an American court of justice any questions they might please to ask me, and to submit to their judgment. 'T'hat Haytieus have employed every means against me, legal and illegal-irons, ill treatment, want of air in a tropical climate, insults-and that I consider such treatment as murderous attempts en my life, being only accused and not yet ebndemned. But they applied such tortures upon me as no civilized nation applies to condemned men. I claim justice for myself and the vessel confided to me from the United States of America, as having a right to it; as I am an American citizen, and it being the duty of the United States government and all its ollicers to protect American citizens against unlawful pursuits and treatment, and to protect American vessels. And that unlawful and foreign force is upon me to destroy the life of an American citizen, and to destroy American property. And I claim the intervention of the United States consul, and that lie be the judge to say it' I have to stand before a court for my acts, and that supposed court can only be a United States court, fbr acts committed on board an American vessel. I claim the intervention of any civilized officer; the momentous circumstances make me suffer for all foreigners. I appeal to all persons or bodies
seviet IOCeaLk I' l cofIltillemleIlt.
ANTONIO PELLETIER. 25
of persons, to all civilized nations or their officers wherever they may be, to say if any civilized people would have tortured me or imposed such sufferings upon me, being only n "prevenu" or ill a state of accusation, as this country has done by the great reason that I am a white man, and that they want a sacrifice.
So made in the dungeon, God as witness, and ready to swear on oath before any duly authorized body or person, that this is verity and nothing but verity, a:d that this is my own handwriting. So help me God the just.
Master of the hark Wl'illiam.
INTO A DUNGEON IN TIll- PRISON OF PoR'r-AV-PRINCE,
August 31, 1S61.
1, Antonio Pelletier, master of the American bark William, citizen of the United States, duly naturalized in my own name, and ill the name of Thomas Collar, United States citizen, chief mate of said bark, belonging to Cooperatown, Otsego county, New York, and ill the name of John Henry Brown, United States, belonging to Boston, in my own name and in theirs as the only victims of the black plot which against us has been connived, for the reasons publicly expressed by the public prosecutor, that whereas we were belonging to a nation composed only of thieves, robbers, pirates, and intriguants, of which nation the official seals of their consuls must not be recognized, has then consuls of the iUnited States in foreign countries must be considered as before mentioned, thieves and pirates, and that their seals or signatures must not be respected by the jury called to judge us ; slid whereas we, the undersigned, were deprived of our legal defences by imprisonment, for the only reason that they took our defence; and whereas their own witnesses were not allowed to go on with their own deposition, merely because their statement was establishing our innocence, they were threatened of violence, imprisonment, they had to run to save themselves under the protection of the French consul ; and whereas it was alleged in plain court that Mr. Lewis, commercial agent of the United States, close to this government, had protested and reclaimed us and our property as wrongfully and unlawfully taken, he, the said United States representative, was grossly insulted by J. .1. Silavois, public prosecutor, stating that he didn't care if Mr. Lewis, commercial agent of the United States, had protested, and that all the consuls of the United States would protest together, and that the jury must be well aware of what kind of people the United States was composed, and that her consul was no better, and that the jury must not be afraid at any rate to condemn those Americans, as tile United States was too busy with her actual civil war to look into the affairs of her citizens abroad, and making them always understand that they must condemn us at any risk, so as to save the republic of Hayti from having to paiy very heavy damages for their illegal robberies of the bark William of all her chattels and things, and of all the barbarous treatment which since six months we are the victims, as more filly detailed in my formal Protest; and whereas by the indignities and insults heaped upon American citizens and upon the representatives of the United States, and likewise uiponi the assurance of j. J. Silavois, the public prosecutor, that for the safety of the republic of Ilayti they must conlemn only the United States citizens belonging to said bark, at the same time assuring them of the impunitY of their verdict, naming what It must be for each of us-death to the captain, and five years of chain and hard labor to Thomas Collar and John Henry Brown, and that they must not be afraid, that the United States was too busy with her actual civil war to lose time in coming to demand satisfaction for having unlawfully and cruelly spilt the blood of her citizen, and unmercifully and unjustly conden others to chain and hard labor for five years, depriving them of life, liberty, property, audgood name.
26 ANTONIO PELLETIER.
And whereas according to the advices and commands to the jury with his reason before mentioned, the said jury obeying the said dictation of said J. J. Silavois, public prosecutor, the said jury rendered their verdict, condemning Captain Pelletier to death, Thomas Collar to five years of chain and hard labor, John Henry Brown and Urbain Castay to the same pain, and that the French crew, eight in number, were judged innocent and set free.
But whereas upon the rendition of said verdict, one Madam Lacolat, ntc l)ucreli, alias Madam Elize, alias Madam Urbain Castay, alias, since yesterday only, Harriette Tyrel, celebrated in Paris as Limonad iere, and in Havana known as the Violett of Parma, witness for the accusation, set out in loud crying, Wily have you condemned my lover Urbain Castay, she interpelling J. J. Silavois, public prosecutor, General Carrier, commanding Port-au-Prince, and others? Have not I done all which was requested of me on condition that Urbain Castay should be liberated? Have not I delivered my body to you anti my soul to perdition on condition that I should help you to condemn those men, showing us and upon your promise of saving Urbain Castay, my lover, to-day I I am an object of disgust in this city. I have rendered myself criminal before God and before man. I have helped to condemn those poor innocents, and I have been tempted by you to commit those crimes to save Urbain Castay, and I fool, fool that I was to believe you, when your real motives was only to satisfy on, one side your filthy animal passions, and on the other your barbarous and cruel vengeance against those poor Americans.
And whereas upon those loud recriminations before mentioned, Madam Lacolot, alias &c., &c., &c., General Carrier, J. J. Silavois, and others, jumped up to stop her so as not to allow the public to be acquainted with the vile, low, and contemptible means which they had employed to bring about my condemnation, and that the condemnation of Urbaitn Castay was only to be used as a cloak, as the public was murmuring a great deal ; and moreover, that their private coilnection between her and them was the object of the public gossip all over the city of' Port-au-Prince; but as soon as my condemnation would go into effect he would go with his free pardon, and her with her bribe money, and that, in the mean time, ie would be furnished with comfortable quarters, where she could visit him night anl day whenever she pleased.
Therefore, in virtue of all the injustices, unlawful means, and even beastly actions, lies, duplicity, perjury, imprisonment of my legal adviser and defender, threats employed against their own witnesses who wanted to declare the truth that I was innocent, the breakage of seals, and the abstraction thereof of all my important papers, which could have easily proved my innocence if it had been in my power to exhibit them in court, and if my defenders had not been imprisoned, put there only for the purpose to prevent them from defending me, or if even public prosecutor and judges had allowed their own witnesses for the prosecution, and had not threatened them to jail and other punishment it' they would dare to say one word, although on their oath to tell the truth, one wor, I say, which would have proved me not guilty.
And whereas since my condemnation I am chained up as a mad dog, shut up in a filthy dungeon, deprived of air so necessary in this tropical climate; whereas Thomas Collar and John Henry Brown are detained it, a filthy dungeon, with the worst which Hayti can produce, chained up thieves, robbers, and assassins ; and whereas they are ready to swear before God and man that they are innocent, and that they have not committed any crime, nor had any idea or thought to commit one, and before any court of justice they should have been acquitted on a primitive examination, and even in a court of Hayti, where it is so generally known that a white man does not receive justice, if it had not been for the reason and motive before expressed ; we, citizens of the United States, only victims of the blackest of plots, we would have been free as well as the French citizens, eight in number, crew of the bark William.
ANTONIO PELLETIER. 27
I, therefore, Antonio Pelletier, master of the bark William, do protest in my name and in the name of Thomas Collar and John Henry Brown, United States citizens, for the reasons and facts shown not only in this protest but in many other protests made before this at different dates, which copy were duly served upon the United States commercial agent of this place, and other foreign public officers, showing them with proofs the abominable conspiration and plots of which we were the victims, at the same time giving them the low means employed to obtain our condemnation, deprive us of our liberty, and inflicting on us abominable and inhuman torments which might cause our death, which the authorities of Iayti were determined to obtain lawfully or unlawfully, so as to serve their vile and mean purposes of all those facts, I do protest before God and man, my life ebbing every day through the bad treatment and the tortures imposed upon me daily to obtain as aforesaid a death, to be called a natural one, for the purpose before mentioned, and at the same time of the deprivation of air which, in this tropical climate, is so necessary to the health and life of a north. ern man, which, without it, he must die miserably: I, therefore, in my name, and in the name of Collar and Brown, do protest against those whose duty and obligation is to protect us against the dark inquisitorials, torment unjustly inflicted upon us, which would not be permitted if justly defended.
I do, moreover, protest in my name, and in that of Collar and Brown, against all those white men, our own race, public or private individuals having been notified by me through my former protests, which was declaring with proof& to them that we were to be sacrificed by the colored race, not ais criminals justly condemned, but as victims of one race against another, and demanding protection of every white man, which said protestation came before their eyes; and that is why we do protest against all those who might have given us protection and did not, rendering them responsible for the unjust torments which we have received, and tire receiving, for our death and blood, which might have been spared if helped in time. letting our trust in God the just, we bow our head, and submit to his will. Men having abandoned us, may God Almighty in his mercy help uts.
MLster fcthe American bark lVilliam.
CIief Mate of said bark.
JOHN HENRY BROWN,
Sailor (?f said bark.
Mr. Roumain to Mr. Steward.
[ TIMInslItion. ]
lVashington, July 28, 1863.
Mr. SECRKTARv OP S'rA'ri: 1 have the honor to send you a memorial concerning the affair of Captain Pelletier, of the bark William, in conformity with the wish expressed by your excellency in the conversation 1 had with you on this subject.
Please accept, Mr. Secretary of State, the assurance of the respectfil consideration with which I have the honor to be your very humble and very obedient servant,
His Excellency WILLIAM If. SEWARD, ERNEST ROUMAIN.
Secretary of State.
28 ANTONIO PELLETIER.
The Haytien government, informed through a correspondence had with the American commissioner, Mr. Whidden, that the government of the United States purposes to give to its legation at Port-au-Prince instructions concerning the Pelletier affair, thinks it cannot better manifest its views on the fitness of such a circumstance than by addressing itself directly to the Department of State, to plnce within its purview all the incidents this affair has occasioned, and the course followed by the Ilaytien authorities through the current of the proceedings to which it has given birth.
About the first days of the year 1861, the bark William entered at Port-nuPrince, and her captain, Mr. Antonio Pelletier, declared at the custom-house that he came from New Orleans, with a cargo of boards and other merchandise. During the stay of this vessel at the anchorage, the Haytien authorities, suspecting her captain had not conformed to certain provisions of our laws relating to custom-houses, went on board to get at the proof of the contraventions of which hie was suspected. It was in proceeding with the investigations to this end that they were led to the discovery of the existence of facts of very different order, and of a nature otherwise serious. They found concealed on board a quantity of 20 pair of handcuffs, four of Colt's carhines, 12 revolvers, two quarters of powder, a very large quantity of empty casks, provisions in abundance, woollen blankets in great number, and, besides, a false deck in course of construction.
Some days before, sir, Baina, one of the passengers on this vessel, the William, and five of her crew, had made to the court declarations leaving hanging over Polletier presumptions of slave trading and pirnacy. Discoveries resulting from the visit made on board of her gave consistency and weight to these presumptions; the authorities decided to open an inquiry into the account of Pelletier from his departure from tlhe United States until his arrival at Port-au-Prince, and, moreover, into his conduct at this port.
This inquiry revealed that P'elletier had not set out from New Orleans, as lhe had declared at the custom-house, but from Mobile, where he had taken in his cargo of boards, bound for Carthagena. The interrogatories put to Mr. Baina, and the five seamen, made it plain that the cargo was only a means adopted by Pelletier to conceal the real object of his expedition, which was the slave trade and piracy on the seas and on the coasts of Africa.
At Carthagena, the mate, by name Mayer, to whom Pelletier had confided his secret designs, revealed them to some of the crew; this indiscretion brought upon Meyer cruel ill treatment, and the being shackled with handcuffs. However, he was able to escape, and got on board an English man-of-war, then at the port of Carthagena, and denounced to the captain of that vessel Captain Pelletier and the criminal purpose of his voyage.
In consequence of this denunciation, Pellotier thought of changing his course so as to turn aside suspicion, and evade the Gladiator, the English cruiser just spoken of. After having sold part of his cargo at Carthagena, hlie took on freight from Mr. Antonio Cano, vice-consul of her Britannic Majesty, a quantity of merchandise destined for Rio Hache. This merchandise was intrusted by Mr. Antonio Carlo to his clerk, Mr. Juan Cotis, who embarked on the William with his family.
He had scarcely left Carthagena when Pelletier began that course of criminal actions about to be related. Not willing to go to Rio Hache from fear of meeting the Gladiator, he pretended that his mainmast was sprung; hlie terrified Mr. Cotis, put his passengers oni allowance, although he was abundantly provided with water and provisions. By these measures hlie succeeded in so frightening Mr. Cotis that he who had already in vain begged Pelletier to put in at Jamaica, engaged to pay him a large sum if hlie would consent to land him at the nearest land, which was the Grand Cayman. On arrival at this island, lihe in fact landed
ANTONIO PELLETIER. 2!
Mr. Cotis and all his family, not, however, without having taken care to make him transfer in writing, through threats of assassination, the ownership of the merchandise of Mr. Antonio Cario, the value of which was more than 83,000.
From Grand Cayman, Pelletier touched at Cienfuegos de Cuba, thence came to Port-au-Prince, where hlie sold the rest of his boards and the merchandise extorted by violence from Juan Cotis.
Notwithstanding the weight of these declarations, notwithstanding the unanimity of the testimony which constituted a load of accusation against Pelletier, the Haytien government, although not ignorant of its right to pass judicially upon the captain of the bark William, preferred to let him go, and abandoned his punishment to the great maritime nations.
On another side, Vil Mlaximilieu, Hlaytien citizen, declared to the authorities that Pelletier had addressed himself to him to obtain lifty men and six women, who he wished to hire, he said, to gather guano. The Haytien government having conceived doubts about the avowed intentions, doubts only too completely justified at later time, thought it a duty to convoy the William, by thie mail boat, the Geffrard, out of our waters, and by this measure of precaution forestall any depredations on our shores. This upset the plans which Pelletior had formed in the roads at Port-au-Prince, but he was resolved to put them in execution at any rate. When the Geffrard left the bark William, Captain Pelletier hung about for several days in the passage of layti under the French flag; in the place of pursuing the course for New Orleans, the port for which he had cleared at Port-anP'rince, he took an opposite course and went to Fort Liberty, which is not open to foreign commerce. 'lThere he decided itn writing that his name was Jules Latellier, captain of the French ship William Tell of lavrs, coming from Hlavana; he said he waits assured against averages, that he had been obliged to leave part of his cargo at Bay d' Argent, and come in search of fifty men to go and help bring it off.
This is the place to remark the motive which induced Pelletier to remain so obstinately in our waters, to change his name and flag, and to give a false denomination to his vessel, lie wished nothing less than to carry on the slave trade and piracy on the coast of I layti: the laborers he said he needed were destined to be taken off and sold in Cuba. This assertion is not a mcre conjecture authorized by his suspicious devices, it is what was sworn to by his chief mate, Mr. Miranda, who succeeded in escaping from his vessel during the night, and went to denounce him to the authorities at Fort Liberty. Miranda told them that Pelletier told him that to make himself whole for the disbursements he had miade at Port-au-Prince. hle was determined to take front our shores and settlements a hundred and fifty men, whom he would sell as slaves in Cuba and when it was objected that the Haytiens being free and civilized it would be impossible to carry them off, he reIplied, We will kill some of them, and the rest will let themselves be taken." Miranda also deposed that Captain Pelletier had the well-settied intention to seize our coasters which he should find loaded with coffee and merchandise.
The disappearance of Miranda having been noticed, Pelletier wanted to prevent him from disclosing his odious designs. In consequence, on the following night, hlie went clandeatinely into town with a part of his crew armed with daggers and revolvers, with the object of getting hoh of Miranda dead or alive, hoping that lihe would not yet have had time to inform. '1This unjustifiable enterprise was unsuccessful. However, upon the denunciation by Miranda, the general commanding the commune summoned the captain of the William to come on shore with his papers. Hle refused, and pushed his audacity so far as to accompany the refusa! with a letter full of throats, by means of which hlie thought hlie would be able to secure his escape by intimidation.
In view of such conduct, and observing besides that the William was get-.
30 ANTONIO PELLETIER.
ting ready to sail, the military authority sent several boats full of troops with orders to take possession of the vessel. In his hurry to get out of port the William struck on a sand-bank, was surrounded and taken.
Thus it was that Pelletier precipitated himself, emboldened perhaps by the consideration of which he had been the object at Port-au-Prince, into the bad condition ill which he still continues.
Interrogated at Fort Liberty, the captain with his crew were sent to the Cape, imprisoned at that city on the requisition of the French consul, and afterwards turned over to the government.
During their imprisonment at the place of their arrest, Pelletier had written to the commercial agent of the United States at the Cape, Mr. Hubbard, claiming protection. This consular agent ill his reply, marked A, a reply to which the undersigned particularly calls the serious attention of the Department of State, expressed in energetic terms to the applicant all tile indignation with which his criminal attempts had inspired him, and ended by signifying his formal deterrnination not to interest himself in any manner in his fate, which he had only too well deserved.
On the 19th August, 1861, the criminal court at Port-au-Prince began by taking cognizance of the charge of piracy and of slave.trading on the costs of I layti, of robbery with force of ,rins and violence, and threats of assassination, inade against Captain Pelletier. On the :lst of the same month an interlocutory judgment was given, which, reading on an exception taken by the counsel for the defence, said and declared that Messrs. Carlo and Cortis were disqualified in their character of foreigners from constituting themselves a civil party to n pro. cess set on foot by the public administration against Pelletier and consorts ; and said there was no point of connexion between this process and the action of which Caro and Cotis complained.
'['he court at the same time affirmed its competency. On an appeal in cassation made by Messrs. Carlo and Cotis, the supreme court annulled the principle of this decision, which took from the complaining parties all right in tile process, and recognized their right to ho represented there in behalf of their civil interests.
The affair was then carried before the second section of the same criminal court; that issued judgment the 30th August condemning the accused Antonio Pelletler, in the penalty of death, to payment of $1,000 under the title of indemnity to Mr. Antonio Carlo, and to $3,000 damages in favor of Mr. Juan (ortis, for the wrongs and injuries done the latter. In conformity with the provisions of the Haytien penal code, article 10, the court declared confiscated for the benefit of the state the ship William, comprising all the accessories ; also declared confiscated the arms, muinitions, projectiles, and utensils on board, as things that had served and had been destined for the commission of the crimes of slave-trading and piracy. Four others of the accused were condemned as accomplices to close confinement.
Pelletier appealed to the court of cassation against the sentence of the criminal court of Port-au-Prince, but it is proper to notice, in passing, that the point inl litigation was no longer the question of culpability, declared to be proven by the verdict of a jury, but merely the application of the punishment. 1'he court of Cape Haytien, to which this last point was referred, pronounced, in F lace of the punishment of death, that of solitary imprisonment. The court of cassatioll, to which Pelletier again had recourse, has maintained just now, in the last resort, the sentence of the criminal court at Cape Haytien.
Hereby the affair has reached its definitive solution, after having run through all the steps and exhausted all the means, the use of which was left legally and fully open to the condemned.
The Haytien government would here limit its explanations, if the right which
ANTONIO PELLETIER. 31
the republic had to condemn Pelletier had not been called in question by Mr. Joseph N. Lewis, commercial agent of the United States at Port-au-Prince, in 1861, and if since then the American commissioner, Mr. Whidden, in the correspondence interchanged with the secretary of state for foreign relations, had not expressed himself in such manner as to leave no doubt that he shared in that opinion. On the threshold of the discussion of these diplomatic reclamations it is of importance to inquire whether at any period of time whatever Pelletier really was an American citizen. The Haytien government has never had in this respect any strong belief, although it seemed proper to it never to make the observation to the agents of the United States, who, from their intervention, must have been considered as acting with perfect knowledge of the ease ; however, it would not perhaps be superfluous now to make sure, in absolute manner, of the truth of the fact. Our administration, deprived of the means of undertaking such researches with results, would learn with satisfaction that the Department of State has occupied itself with this point, in its scrutiny into this affair.
To return to the protest of the commercial agent of the United States against any decision of the Haytien jurisdiction: the undersigned has to establish that it has not been drawn up properly, in the point of view of international law. Mr. Lewis in effect has not hleld that on consulting the law of nations the Inaytien government would be powerless against the unheard-of attacks ot the captain of thle bark William upon the property and the persons of our countrymen. Such a theory could not possibly he mainiained. The pluiishment of tihe crimes of slave-trading and piracy has invariably pertained to the nation utipon whose territory crimes of those kinds have been committed. This universal rule, founded on justice, cannot be misunderstood without attacking the salutary principle of the sovereignty of nations, and the right which every one of tlem has to watch over their own safety, to defend every one of their members.
What Mr. Lewis pressed forward above all is that Pelletier was not liable to be brought to trial in our courts according to the Ilaytien legislation, and to sustain his assertion this agent cited in his note, marked F, the provisions of two of our ltawe, that of 24th August, 1M08, and that of 8th August, 1815. 110 came to the conclusion that the action of Haln y tien justice, on the suplposition that the facts reproached to Pelletier were proved, ought to be confined to delivering up the accused to the commercial agent of the United States, with the vessel and merchandise, to hobe passed upon by an American jury.
The law of the 24th of August, 1808, invoked as setting aside the liytlien jurisdiction,, is inapplicable to the affair of the William ; that law only concerns offences and crimes committed in the roadstead, or in our waters, by foreign sailors on board their own vessels and against their officers or comrades on board.
This results evidently from the latter part of article 6 of this law, which provides that proceedings shall be taken at the request of the captains or su percargoes; that is to say, of the officer whose authority had been disrega.raed. Article 6 of the same law determines that, except in such case only, foreigners may be prosecuted and sentenced by the magistracy of the republic.
As for the law of the 8th of August, 1815, it contains some special provisions in cases of piracy, and reaches all individuals arrested in Hayti, who have been guilty of this crime against the human race, either on our seas or elsewhere, whatever the nationality of their vessels, or from whatever place they may come.
To return, Mr. Lewis, in order to take exception to the jurisdiction of the country, took u on himself to interpret, authoritatively, our laws, when such mission is mincum bent on the courts alone, alone skilled to determine on their own competency, and, in proceeding, (as thie criminal courts of Port-au-Prince and of Cape laytien hav done,) they have not only exercised an incontestable right, ut have, besides, rendered respectful homage to the jurisprudence of the courts of causation of Hayti, which, in 1823, upon a similar question, laid down
32 ANTONIO PELLETIEB.
the general principle, to wit: that no circumscribed limits could be permitted to the suppression of piracy, and that this repression might extend to acts perpetrated outside of the jurisdictional limits of the republic; a decree which, if in accord with ancient and modern legislation, draws fresh conservation from the ideas of the laws of nations.
The undersigned feels obliged to reuaark to the Department of State that the affair of the bark William has not always presented itself to the mind of Mr. Lewis under the aspect of the incompetency of the Haytien jurisdiction to take cognizance of it. That consular agent in one of his letters, marked B, required the Haytien government, as well in the name of Mr. Byron, vice-consul in charge of the legation and consular general of her Britannic Majesty, as in his own proper name, not to set at liberty, on any account, Captain Pelletier and his vessel, before Messrs. Carlo and Cotis should have time and opportunity to institute proceedings against them at Port-au-Prince. it is doubtless this colltradiction that has induced Mr. Seth Webb, the immediate successor of Mr. Lewis, to say, in it letter dated 16th September, 1861, that in this Pelletier affair he could not well understand what had been done by his predecessor. (Paper marked 1[.)
The new American commercial agent hastened, in the letter to which allusion has been made, to blast, with energetic rebuke, the character of' Pelletier, who had, he declared, voluntarily and wittingly abandoned the flag of the United States, and had thus lost all right to Its protection.
Mr. Seth Webb moreover brought to the knowledge of the secretary of state for foreign relations that he had reasons for thinking that a plot was whispered around for getting possession of the bark William, and converting her into a southern privateer, intended to commit depredations on the maritime commerce of the United States. In anticipation of this eventuality, the 11aytien govern. ment was prayed to exercise strict watchfulness over the vessel, and, in case she should bo acquitted by a final judicial decree. not to allow her departure before the American representative had satisfied himself that this vessel was not to enter upon any enterprise prejudicial to life or property of citizens of the Union.
The undersigned is now going to speak of an important incident. Although convinced of its right to cause Pelletier to be tried in conformity with our laws, for acts of which the captain had been guilty on our coasts, nevertheless the government of the republic, in the interest ol its good understanding with foroign powers, had no wish to make any order in this respect without having taken the opinions of those powers. At a meeting had for this purpose, the members of the consular body were unanimous in declaring that "the conduct and pro. ceedings of Captain A. Pelletier, from his departure from Coostas firmes to his arrival at Fort Liberty, Hayti, showed acts of piracy punished by all civilized nations, and, throughout, they consider that the government of iayti has power and right to enforce against said Captain A. Pelletier all judicial proceedings which comport with the crime under consideration." (Paper marked C.)
The llaytien. government flatters itself that the cabinet of Washington, after having given its serious attention to the exposition of the preceding points, will acknowledge that 11o infraction of international laws could have been committed, that in each phase of this affair the most formal rules of law have been observed, the law of nations respected, and that not only in the opinion of the representatives of other foreign powers in ilayti, but even in the opinion of two American agents, Messrs. Hubbard and Seth Webb.
His excellency the President of Hayti is desirous personally to believe that the administration of the United States will find the foregoing explanations satisfactory, and that it will come to the conviction that there is no place for any diplomatic settlement of a question already solved by competent jurisdiction.
The undersigned, in transmitting this memorial, with the papers in its support
ANTONIO PELLETIER. 33
to the number of twelve, to the Secretary of State, the liim:lrable Mr. Seward, avails with pleasure of this occaSionl to renew to hint the assurance-of the respectful consideration with which Ile bas the honor to be his excellency's very humble and very obedient servant, R s'RO .I1AN
WASM~NGTON, D. C.. July 27, 1863.
CONlIERCAt, AuKIN ot.' riir: U. S. OiF ANIERtCA, City 9 (y'apr laeyfirn, April 11, 1861.
SIR: Your coinmu nication of the sixth instant has been handed to me open by the Hiy tien authorities, and its contents have had mny careful aittentionl.
You endeavor to prove to me that, after having left, Port-au-Prince yoll Yan ashore in one of the lialinmra passages in a gale of' wind, and there lost your rudder and pairt oif false keel ; that, after dlifting about without being able to steer the vessel, the first land you inaile was Fort Libertt' that inl discovering there the Ilaytien flng you became fr-ightened and hoisted a Small French flag t your main, proclaiming your vessel to be the F"rench hark Gunillaume.
These assertions are entirely untrue. II ad you lost your rudlder flnd part of false keel, its you pretend, it would have been impossible for you to beat upt to winidward, un ner easy sail, front thie north1w ist erit 11011t of' thiiis island to Fort Libert.0, a distance ofit' n-i Iis; that Fort I itiertt inS Ils ot the first land yoiu made, and th at yout were pe ivtl aware th at yout were oilIl li nyvtion co as t, and Where you were going. is fprovedI by thle filet that Your vesselI wLAs in Sight from the signal stat ion of* I oinit llicofvt forn five dnlys. laying off and onl the coast under easy sal, gradually working your wily ill) to windward, oil thel 26th March, at two oi'cloc'k 1). tit. With my own eyes, I Saw your vessel jammed on iL Wind Withl a Stiff breeze. and inl suchI at pos-itionl that youl might have arrived ill the port ill dilv h~~ iours hail Suichi b,'II yoi'r ill titil on. Tat you) hoisted tile Prench colors before yout arrived ill Foit, I i hett, and for puirp~oses w hiich y o alone Call e \ x jdii, is p roved by t iie fit th at oil the' 29111 uiliit ont )1 salumt iii anl A me rican Schlooner tit sea by Il rnning the Fren ch flag uip and down i th reetines aIt thle in ien peak P oinit Picolet ait the t iine. beain g ft-oil) tdli two v'i55els S. S.W. dilithlt, about 15 Imiles. O f this I hlave ill Inv possession thle wriiien aiffidav it of lie inaster of' tihe Schooner ; an d I li ililici w'oiuld hiave proved y'ou to have acted ats it plira~te.
1 am sorry to in form you, sir, that tinde r the ci reii n stances I do not deein it mny duty to i nterfi're in tibe lea st W ith I lie I ay t it, atl i ties ill their lilt ceedinlga With regard to youi and your crew, and inust. pitlively, in coiisequtence of your late suslpiciolus action, withhlold front you1 thait lll'ote(lioll WhiCh yoiu otherwise )'fve -claime~d under the( Amiericant flag. Youl have renidere'td Yourself, by your proceedings, amlenable to) tile laws otit ationel, Itiild voln will have to prove youir inloceuce before a competent court, of law and justicee.
Iam, air, your obedienit servant,
(Signed) G~. EUSTIS HUBBARD.
Captain A. PEILLETIER, Priw of Fort'~~ Lilo'ri,
Copie certiiue colifore.
CONI-MRat'maL AOgKNtV OF THEi U. S. OF AmKRICA, Port-au.-Priscc, Mlay 3, 1S8 1.
Air. SaCRKTARY OF STATE ': I havo the honor to inform you that Mr. Byron, discharging the functions of chargni d'affairee and consul general of her Bri-
:34 ANTONIO PELLETIEP.
taen~lic Majesty, :iddrelopes himself to file, submitting the tenor of a despatch, bear-itig (late 1,5th of March last, and coming from iMr. Antonio Caro, English vice('Itistil at Rio Ilticha, State of New Granada. It results from this despatch 111:11 the mini part of the cargo of' the AmPricanl vessel William, CAptnin Antoniii P~elletier, sold at this port inl February last, belonged to Air. Canrlo, and dint, thei cat~int bad fraudulently ex torte(d the possession of' it onl the high soens front ii.. lands of Mr. ,Juan Cotis, clerk of' Mr. Cario, and that tinder circumstances io ixtraordinarY as to jusltity, Onl the part ori thint genitlemant, the gravest, coaljlha jts against thle said captain i nd hli: vessel.
It ap pears, tdso, that Mr. (Jotis liiis toad e miloder oath, (1ephositKion before thte %ivi'-conisitl of' her Btritanic aji esty at S11ti1a Martha (if till the(, facts that pertuiti
ii tis business f ind that tite captnaitt of' jilt E hg1isli ~ fwr i c tsa
thi. timie nt Santa Ma rtha, has. taken to ,Jazmica til the doe i tn~ettt necessary 1'.r the capture of said bark on, aon t iof thle act of' pi racy of whlicht tlt( ca:1ptaini lI l b~een declared to be guty ).
M r. Carlo a states thlott having beenl in forilied th at tilie Caj ttai ii (Pelleotier) itnid twhark Williami have beeti seized aind dttittid, lie( will coal(! liere wIth Allfoi oitho pitrpose of tak intg protced ings itgn ttIt ti, nhtiste' fntd vesSI' I
'I'ltitgs beitng ilt thist stat', antd Captain Pielletier fil( the bark Williatmt being, ill emit t otiin ce of' recent facts w hiichi occuitrted fit Fort ILiberity, det a inied by thlie I i ')tivin tuthoritie-, Air. Byron has requested tne, in my character of agent of Ini, country to which thie vessel bellotigs, to ask of tile flaytioxi government, ats 1 tin avisk by these res etits, that tt(%t said caiptaini atid vessel be not, ittdet' filly piete'x t, soet ait latrge before Mtr. B y ioii fitty have ittformedi mv that Alt'. (Curlo lo1ts hitll attiple tittie lilt(] oppiortunlity to toke against thenitit l tite proceedings wich Should havte eettitiItm t to ito nee-lsary I call h avo it) d oub t. Mr Scetetiii) of' State, bit that justice wiill prompitly Ill- doite to this rillu't, Which Mr. Ilytoti begs tue to IhIreSVtt ill flVo- Of .11'. CAIto, attil itt tll' interest of' jos. tiev antd hliiututity.
Ilei pleaIsed( toat itt Mr feorit) a tte, th liofsittct t illy' htiglat's
(iommrial Ag~ent i.f Mhe United .States.
Secretary, i.VStatefi or .rug' Re/atioli, jr., ~.
'I' his day~, tile fifIteen th ill y of tili' monith of blay', otethCliOttltl od (light hti1it11d titid sixty-one, at 10 o'clock of till' f'oreniooin, we, the unidersignecd chiargIs d 'itlfnines, cotisuls, aind viee-eoiisuals, present in tilt capital, have assembled t thle lin1tel of tilt secretary of' state for' foreigni relations of' tile republic of
IIa~ii tpotit ttinimniis given to its by this high Il uit itioiity, for tie purpose ot It ol diiig Colin tinieica t po Oi iiti tle docu ilientits rel acting t(; Cii htaint Anuton io Pe~llet ier, couiii in nut1 iit tile W~ p Vill"i"", i10o iD ittg t thle rondll5it Catpe Hly tieto.
Th'le sitting being olitcd, thle secretary 4)f state fori fore'igtt relations ex plaitned to the meeting the motives which ituced the assembly to-day. Soon afterwards the secretary of state for the getieritl police made known what had beent the conduct of thle said Captain A. Pelletier dtiring his suaJouta at Port-auPrince and tintil his arrival ait F"ort Liberty ;the secretary of' state for justice
ANTONIO PELLETIER. 35
then taking up the discussion continued thile exposition of facts and read some verbal proceedings, correspondence. depositions, &c., relative to the entry of said vessel at Fort Liberty, and until the imprisonment of the captain and crew
Upon this the members of the consular body having consulted, declared unanimously that after mature examination of the facts and documents brought to their knowledge, it followed that the conduct and proceedings of Captain A. Pelletier. from his departure from Cote Ferme until his arrival at Fort Liberty, Hayti, showed acts of piracy furnished by all civilized nations; that consequently they consider that tile Iaytiein government is authorized to put in force against thile said Captain A. Pelletier all the judicial proceedings which comport with the crime in discussion.
Done at Port-au-P'rince, at the hotel of the department of state for foreign relations, the day, month, and year above stated.
Scretary ,f EState for Foreign Relations.
F. E. l)UBOIS,
ISecretary of State for Justice.
Secretary of State of the General Police.
I certify that in my personal opinion the llaytien government is fully authorized to use agnin st the said Captain Pelletier all judicial proceedings which comport with the crime of piracy, which crime I have sufficiently proven ill tile documents which were brought to mlly knowledge on the occasion of the meeting mentioned inll this present document.
Iice-Consul in charge of the Legation and of the Consulate General of 1. B. A.
Po'ir.-AUPINciv, MJay 18, 1861. Ill my individual opinion, tilhe acts of which tilhe captain of the American vessel William has been guilty, enter upon the category of crimes which it belongs to tlhe liaytien government to prosecute.INT, V. HIU'"IlN(VI',
Director of the Legation and Consulate General of France.
I hare in the opinion above expressed by Messrs. in charge of tile English and French legations. CRISTIAN SCULTZ,
C'onsul-General of the Nethelands, Co(sul of D)enmark and of llamburgh.
My opinion quite agrees with the foregoing.
F. S. D)E ESCALANTE, Consul of Spain.
I share entirely the opinion expressed as above by my colleagues.
Consul of II. Al. the King /of Hanorer, and the Grand Duke of M~ctkleburg.
I share in all points the opinions of my colleagues. EDLAN,
COF. EDLMAN, of a.
Consul of talut.
36 ANTONIO PELLETIER.
PORT-AU-PRINCE, May 21, 1861. I share entirely in the opinion above expressed by my colleagues.
Consul of H. M. the King of Prussia, and acting Consul of Austria.
PoRT-AU.PRINCE., May 21, 1861. My opinion is quite in agreement with that of my colleagues above.
S. N. SWEE1)Y,
Consul of ll. 11. the King of Swedex and Norway.
COMMERCIAL, AGENCY OF THFE U. S. (IF AMEIRICA, Port.au.Prncr, August 13, 1861. Sin : I have the honor to request the favor that Captain Pelletier, of the bark William, should haLve possession of all his private papers, which are necessary for the defence of his trial, which I believe takes place on Monday next, in order that he may have the benefit of the law and of justice, as he certainly is entitled to both, even should he be the worst of criminals.
lie informs me that he has repeatedly requested to have those papers, and has up to this moment not been permitted to receive them; by them he wishes to prove that he is not guilty of the charge.; made against him; hlie would also request a copy of all the evidence made against him), if convenient.
I enclose for your perusal copies of letters, which you will please return. Captain P'elletier is greatly in need of clothing, as lie says he has plenty on board and has not enough in prison to appear even decent with. You will be so kind as to allow him to have his clothes, which he needs.
1 hope, Monsieur l Secretary, that the request of this letter may be complied with, and that Captain Pelletier may have justice done him, as the whole proceedings of his trial will be published inii the public papers throughout the United States.
I have the honor to be, sir, your most obedient servant,
JOSEPII N. LEWIS,
United States Consul.
lion. V. PI.18ANCE,
Secretary of State and Relations Exterior.
Copie certified conforme.
AUGUST 14, 1861.
Sit : I have had the honor to receive your letter of yesterday; herewith I send you the two copies which you addressed to me as a communication under its enclosure.
The substitute of the government commissioner attached to the civil court of this district, who 1 have called upon to obtain from him information about the tenor of the demands of Captain Pelletier, has stated to me that the law does not authorize him to give up this captain's papers, but that these papers are in the clerk's office of that court, where the accused and his counsel may obtain any copies which they may think necessary.
ANTONIO PELLETIER. 37
As to the complaints entered against the captain, (Pelletier,) they are to be found set down in extenso in the bill of complaint, which was made known to him on the 5th instant. Nevertheless the law permits that the accused, or his counsel in this case, may have gratuitously a copy of the different proces verbals, setting forth the corpus delicti. as well as of the depositions of witnesses. Nothing hinders Captain Pelletier from using this facility by addressing himself to the clerk.
A third demand relates to clothing that he needs. I will give orders that clothing be placed at his disposal after it shall have been brought from the bark William, in presence of the commandant of this port or of his representative, of the substitute of the government cominissionr, of the keeper of ffccts being Cn board, and of the party Captain lPelletier may himself select to represent him.
This wilthdrawnl sliall be mnadle at the same time as that of the accusatory papers which the substitute of the government commissioner will Ihave to exhibit to the court in support of Ithle action taken against the accused.
Please accepl, &C.. &c., V. PLESNCE.
Mr. J. N. Lxw:s,
Commercial Ae,'nt ,'of th," United States, Port-iau-Prince.
[Translal iotu. ]
Co uniuIM CIAt. AnNny, 'v OF TilK UI S. oF AMIIICA, Port-au-Prince, August 17, 1861.
Sit : I have hadl the honor to receive in due course your letter dated August 14, in whiichl you have Ihad tlhe g hodness to muounce to mne that you had given orders that Captain ielletier, of thl, Americanu hark William, enjoy the protection of tihe laws of lIIayti whIich relate to thle case in which hlie finds himself.
To-.day 1 have te i Iolor to submit to you, Mir. Secrtiltry of State, copy of ai doc Iumeni t the original of which is in my bureau, and which furnishies most Pnllpable proof that your orders hlave not bee executed aitt all.
It appel.ars, then, Mr. Secretary of Stiate, that the substitute M r. Silavois, who should not only observe theI law, but also regulate his action by your lawful orders, has determined not to permit that justice he done in thie alftir of Captain Pelleiter. There has not been, in flet, up to this time, a siLgle copy of the necessary documents taken, because Mr. Silavois has withdrawn the papers from tie clerk, in ordr to hinder, in tlhe most arbitrary manner, the Ilaytien law, (article 211 of t ie criminal code,) as well as your orders, from being executed, in despite of all ilt, reliance I had right to bufill upon your letter if tihe 14th August.
It would be truly welrisomole toi recall, il detail, thle pleasures isld towards Captain Pelletier, and I see, Mr. Secretary of State. tlit there is no hope that the question at issue relating to Captain lPelltier can arrive at a satisthctory solutiion.
I think, then, thaLt it is Iiy duty ats it commercial agenlit of the United States at Port-au-Prince, to refer to the laws of Ilayti and cite the law of 24th Angust, 1808, title 1, article 5, and that of 8ih April, 1815. title 2. article 5.
And as it appears that a defence founded in justice, and which would avail to obtain from the court the declaration that it was not competent for the cause, is no longer possible, I have the honor to communicate to you, Mr. Secretary of State, what I have arrived at, and what I have decided to act upon, as follows:
I protest against the tortures inflicted oin Captain Pelletier, before any con-
38 ANTONIO PELLETIER.
demnntion, in this-tint he has been loaded with irons from Fort Liberty to Partau-Prince, a city lie was compelled to pass through inl suich condition.
Aganust the seclusion in wic clie has been kept for three months, without having bccn allowed to communicate with any one.
Against the illegalitie practiced from the beginning of the prosecution.
AgainLst the unlawful breaking of the seals placed ol it packet of papers belonginig to ('ALI~til Pelletier. which papers were uutidvr thle protection of the seals of thle F"renchi consulate at Cape Ilayt ivi and of' those of'the commandant of Fort Liberty. This packet should not have been opjened iluless captin P~elletier were present, or his representative, as Well ats the French consul at Port-auPrince.
Against the dispositionl of' the greaite'r part of tite panpers of Captitin 1'elletier whIiichI were etinelv in te mi- aid sealed packet.
Against the( refusal of copies of'such of those papers andi documents ats would have beentim-sful to his deklnce, although the lioni. Mr. Plesance, minister fir foreign relations, hand advised me(, under (late 14th August, thait Ii o had ordi reti that necessary cu(i ies phton Id he delivered li to Cainl I ellit ier or hiis couinsel.
A ga inn thle pIosi tiv Girfat, tli t llti wit l dil~ ilg y HiOtW to the lihono rable Air. Phesance, inl whiichi I prof ested against ie( presence onl board of thie barik WilIli m, ('it her oif' th e self-styled Mlad lii. P el letier, MAudatii Lcole t, bon i II creuix, or aiiy others, the authorities have permnittedtl dem to go there, which Would not have takeii place without interested motives oti their part ; I protest tI nrefare, against the con teminpt wvithi whIichiI my Pa id note Ihas betn treate.
Against iiiy dcis ioni of tlio ju risd ict ion of' i y ti inl thn cause. Thle fatctis whIiich Iitire comp~ilainted of', if they should be proven, (whvIiich iis denied,) tnot suibject i ig Ca1 itaiii PI l -tier Vc ccit to lie delivered over to the coine rciail agent of thle Uiii ted S tkte's, W11 oWill senl tl li, tiet( s V -I and thle merichaiiiilse to his con lit ry, tot he there tried by an kiAinericati Jud1 ge ;antd that ~i-ilt coforitty not only wjithI thle laws (of nlAtions, lit withI those of' Ifay ti e veni, (law 24 tli August, 1808S, title 1, article 5i ; 1lw of' xth ApIril, 181 5, title 2, aticile '5.)
Agin s t atny dec isiot oi f' tli Inye u -it isd ic-ti on whtichI inay toil 211 thIie affairs of AMessirs. Caii to antd Coti s, die( I Is ill t his compla init, if* tiey he prove it, ( whIich is detitd,) hiavinig been p('rlietrat'd ton board ani Anierican vessel iii tho course of a voyage. Ill quchl at Case tho fClts hiaiig takt place onl the( domains of h ighi seas. the prntc iple of tie i idepetiilie o'te tfh. n of t the asice of the vessel from any territory (of .extertitorinlity of' tho shilo,) comptulsorily submits the affair to thec comnpetetncy of' the' courts of' the country to which the vesel belongs, atnd this country ito thle present case is the Uttit-d States.
Against everything tiat can be or may be done ill disregardl of' this pretset notice.
I dematnd, therefore, that ito conformnity With the laws which I have mnentioned above, Captitin Pelletier-, his vessel and effects, be delivered over it) me, that I maty tiamister them withi all documents of tIt(' butsiitess to the X1i1oricall authorities, which will decide upion the afit.
I hopeo, Molr. Secretary of State, you will pk'atse tto give jlt an answer, antd Iaccelpt the ussitrnuce of' my high considerations.
JOSEPHI N. LEWIS,
Commenrcial 'fgeat of) Unitl NtatAt.
Secretary of Sltto'fr Foreign Relatiolns.
ANTONIO rELLETIIER. 3 9
Auaus'i' 19, 1861i.
Stirt :1 hav~e had the lionli'r to rt'cet %'e, thle dIy befote yesterday, Satuirday, late ill tile evenling, the Ic t tc yo il add i'cssed to ile ol Vi at. dlay oil t le Subject, ot. thle prosecution i ust it ut e agti c ("ltt i .lclh'ti r. of the AmIericanl bark William
AlIthtoughl tit(! gov .,,,jell It t ()I, tile re public h ad tit'- ilit to J losec u te Ca p Li i Pelletier iii CotfttrinitNi t '' 'j our law', Col ts' of' Wichi ti ('1 pt ail hat bi: ieen guilty oil onur Coasts, neverthieles s, ill tie( in ter'es t of' oul.r ivcitd y rV'Lttioul' 5WithI
fo 451 tO"MCi'S. it it:1 as ii o rderet'td any thling iii thlis re'spec t With lti thIte Ip T'e:i i'on of' cal lifIr g ogetli t'-, as hal ive n dlolle, tilt' rvprese4n ta :%t I ot' t Ito p t' r-A. Aitti Without taking their' opiinioii otltil f olit' tsk to foillowt il1tttil slich ail tit'u'iiTheril ii't, lit'sidts, t lii. I parut is whose i utti''ists art' invol vedill the inaeift. .titd for (he pr'otectioni of, thtosie i iitest.4 fi1n:il tltposit ioiis have beenl add t't'sst' to tile governmiienit t;Ie it part Ili tit(- ceisiti oft Iher Br'tiitni Mtiji'sty. andu oltt othe r pilti art by t) e conisu'tlt i of her Ci ath ol ic Mu1 'st y, ill thlis city.
To answer' What you Say (to tile of tilie t'efiisal of, copies of' documenvits, it is ill S oof fliat the litisof' Ctain~~it I llt'tvi N er' dep'1ositedt wtit te clerk (tot Friday Illniiing, utild tha~t thle t'ttittst' of' the accuised tidi knowledge of' this. Hve has t e I'll fit1itislitd tie' ch'rk with a noteit' fall ft'e papetrs lie 1has ineed o, itld has imiselfI taiktn It a iit' t t of the~ ii'kit wh'i chi Iv eic k nowvdtgei Ii%, ia i'eccipt giveit to flth id clnk. ilThe laitt' htavinig bteen oblligeid tot bet obstit il iPiidty aft'i'itoon, thte 1publ1ic wdtns ti ~t tas oblig'd 414 it mat til of' hp'ecalu it to tiaitke tiht pitpers bact'k ;but the' next, fifty, fit eight to 'ciltck ill fte llliii' itg, these italiei' wer'ii et tit'n't to tlie cli-rk, anid tintil this tutne thety art witIi him ndt~ at tit(- dispoisal I i' thtt acc t i .d B'5idt, thte Accused hi ns iit tif ited Oiit any act. cidie r ft I tlie- cle'rk or goYecnittieit, tco Il 10iss inner or Iiii sitastitt i'. nor Ladi cl adnny nt1 itles t to thei de all ott Court, wuh ichI is ftIile it' itle -0 gh
t'gRIIy to liavi' f~oJIoiw'ct if' Ill' ItIL( fi0 cOInitiltl ti'Cfilly' diflut'tiliie ilt ohfaiiitg Ltimli pp" rs whi cit wer t'i'ieed f'ti to liiii.
The atil of, itt ta tfin Ptiliti' is petit1in g b' re ft'e C rill itil courit (if ti' i district, i.s ill pro'igress,.'and thett''t is ito loligt' fitly legitl tlote oif' topjiltg t i,
think they ought tot putt iii extptttm., will thintk they'3 bought to raise tilt' t(tt''tiolt of' ilicoliipetelICY, they will how ILt libierty. to do sao ; ilt fte court, yiitt 1114N. w.ellI be iws itneil, w ill lie ise' elitolgi1 and~ ito it'titd en otigi to t~oll ow Wht tflt' laws pr-esc'ibt' uponl 16is pit, tutd dec'tidl itSill bJlt.
I hope tha11t, bywa.Ilo aIo1,1t'01wl til htiltesaeo
tile auffair tie go 'ri t' i (tl hit -t Ially' .t'tv 'Nk e it l)i i nues4tion wthiich it court, of justice is at this time tIlloli' calted upon0 to resoilv.e. 1 regret, thnerefotre, that upon01 consideraltionls, the gravity itt wich cannot t'seiltt' y''atti becatis" of tit-, iitereptA whlich thle Cause inv'.ol ves, aind which imper'atively requires all liy pr'tection, not to be able to siubscr'ibe' to y-our request.
I htaiC tile htor, sir, to renecw to )'tilt thet assurunee (it, ily nottst distinlguished conisiderattion,
Mi'.J. Ltw~,V. PLESANCE. (7timetrt'itl 'Ig'iaof Yf' S/tlt..' It
SIR : Since toin kind visit I hav'.e lnt I'it trolg ennugh to come anud see youl its I hatd wished anld anfiiciptfeil. Anoig the tollicsA orl Which 1 htopedi to
40 ANTOYIO0 PELLETIE'R
bave the honor to speak to you there is bilt one requliring any speedy consideration. I can well defer all others till my health aiid strength allow me thle pleasure of' seeing you.
TVhe matter which I refer to is thle case of Captain Pelletier, his men, and his vessel. As I (10 not very well understand what has passed oin the subject bctwexm you, and my predecessor before my arrival, I treat it as if nothing had been done ulit it ait this comnwrcial agency. The point to which I have the honor to call your attrition is tile following
I have sonme realsoni to believe thait ai Idai is all foot among certain persns in Port. aui-Prince to seize thle bark William, take her away by stealth, and convert her in to a privateter of thie southern rebellion against the United States. Connected with this, I apprehend, is tin ideat that somehow or o thier Ca pta in Pellet ier anid somec or hiis compan1:1 ~ion my be en abledt, ei thier by escape, rescee or dliseliargL front pr-isoni, to i ~liii i-es111 ii 111111 meci i lOf thle vessel. I have niot ev idence Of t hiee t hin deflinite enough to u ugh ,j ty spec ifi proceedings against
ndiv id nal butl I t ruist th at un der t he cir i-eistances- lie Hilay tin governimen t will keep) the WVilliam tinonder' a gua rd su flicintly sti-onlg. and close to prevent thet possibility of her being taken out of' the harbor iii illy violent or clhitides' ine manner, amid I llfl i i nilly irequest. inl ease of' he re iicas e 11y anly decree of the Ililytienk Courts or otherwise, that I niay loivo full opportunity befiiro she piroceedls to sea to e'xaii ine her fo im't Ii purpose of ascertiin g w Ii etlrl shte is en t Cii ig O il 111V tiali l mii h li teliSO, daingeromi to thl ie ii ii'd properlty of' ci ti '/els of, tile utiiid States.
I take thIiis opp I ~till il y tI ilil irii y0o1 tI ia t si iice mly i ri vil hiei-e 1 lhav e reeived rm'peattii bIiters t~rolil P~elletier anti hlis comi onillls, complaiinlg of' their treAlt'liit il prl I have lilt fi-t called oil to not ice tlleiii ollicially ill ailly wiy ltwemiist, as5 it lilsi'llI atlvisell, I look ol these nit ai having, v'illli lariiy aiii deliberately ibaiilllledt tbe flag" it' thV Uliitetl States.11aid as ther-eI,1e 11o luigum' entitled to its llnltet'liol.
I wish toi eily %with empihasis. that meithivr the existing governmlenit of' the ,i tIlle Stiltes, i or thaiit Vast inajoiity of' Ii er 1 pple. whiclh firo ugh t, that govern1 iieiit iii power, lhais aliiy sy iliii t by whaiteveri w ith the class oIf, crimies for which these in havii e beenl tre ill(] nd ei('iled ;oil ilie cointi-ary~, they regard slavery itself its at deeply amid depl oralle wronlig, aniid look oil slat e- traders mid all tliei r aiders, abettoi-s, and agents, as juoioig lte worst eiienmiis of' thle hiumnan I-lice. Adloptimig these views is my guide, I could nolt consent to take any step inl Ily olficial capacity which could justly e'xpose the goveriimrnt of thle Uiiited Stalte[4 to the charge of active symnpathiy with, the aets (if these piersons. lBnt while I 'w Iolly decline acting inl the innt ter in, any conisunlari capaici ty, I tiike tilie libIert y 15~ ax private individual, never indifferent, I trust, to tile cry oIt (listresqs froni whatever source it ray come, to expreTss 11y3 earliest hlle thalt VOR Will have tho kind(1ness to look in to tlie matter withlonut delay, And it' the comlint is of' Calptiilli Pellet ier aii t hiis fellows, as5 toI ball treat meiit ill pi oil, hav an' iiy list fboliiidilitiom, tha~t you will be pleased to have the causes of' such comiplints renioved. T1hie liiiniiiility of' this nge, I need not observe, regards till lilieolliers, not Violaltiig prisoli inules, as eiititled to good i in tl Iighit, prloper ifood and( medicine, ci%'il address, aind dhecenit clotllii. 1 tiust that the ,jilitice aiidI generosity oIf lie I lay tien go veil iilelit will supply P el letiei' anid hiis compaionis w it ti ll theset necesasaries of lite', so fur its niay be consistent widthteiir sate keeping.
Meiinwhile, be pleased, sir', to accept te, ofuale~ Ill y highest c6iisideitiu I, a nd belief i i e yotii o bedien t servant,
110on. V. PLESANCE,,
Si'cretar~o / fior 1'tnicign A//rirs.
Copie certifi~e coiiforuice
ANTONIO PELLETIER 41
SEP'TEMBER' 1S, 1863.
Sii: I have had the honor to receive the letter wvhich you addressed to me under date Of 1601 instant.
As regards whalt y-0u say of the 1)rioict which sonile individuals seemn to have upon thc hark William, I haive caused precautions to be taken tending to baffle all attempts- of tilc nature of that which volt fear. I have conversed on this pnrticiilir with the local authorities, and have advised then to redouble their vig-illance with the object of'rendering- impracticable the carrying away~ of this vessel, or tile setn liberty of one or more of her crOw, actuallyv transferred to thle juiisdic ti on ort thle court s.
Ini ouir criminal pirocedurie there i-i a1 cliaiii (it' jfornliiit ies ;1nd( dilatoriness tilRon gil whli ch all cii Ii es inn st pas upon i whiichI tilte courts have to dec id(e. But, although I these [Oriinlities antldelays may be calculated as giving every possible lati tude to ft(i d efence, it is iiot probable, after the facts eo plainly unveiled to lie public view, a ml of wlhiichiall thle world in iglit take cog-nizaince through thle news papers, that th lie c use, belonging to thie bark W' ill ikin, would escape at con victionl. Ne vertheless5, it' whIiich is, jierli ap not imnpossiblde, tle case sh oul1( hiappien, I will not fiil, illn ulrniity v ii your w ishes, to give you iniformati on in til s o that y on Miiay, 6i*foiRe thIie (Ii scharg of flie ineni aniid thIie vessel, take tile in eas ures whIiich at laudaiible solicitunde for tile lift. a iid propel t cy u fellow cit izenis ma11Y coimmeindl to you1.
1 thaniiik y on, s ii, for thle sentiments e xpressed iii your letter, whiichliare so flaOtt erinhg to 0is. I doc iiot pret end to fel icitaRte Vo1 oil th repuiIiils ion w i th wh ichi sIiv ery. and t hose w ho give it Iliei r con teuan CC, ilnspi re you ; it is too natural thiat aitiinoble anil elev ated clniiructer sh oulId be shocked at a en meo so revolting. ]tit it is very agreeable to me( to he assured that at the opening of'y3our relRlioiiS with the Hlaytieii government you1 liiivV spontaneously allowed to break forth tlie most generous sent imenl'its in fav'or of' the sacred cause of liii in freedom. To iniauguriate oil such i a is is thle relti a ins betwiveeni your governminnt and ours is to openly tile %v oy to conii id i ie, thIie siirest pledge oft their to solidi ty and their dullration,.
I take note of' w Iiat v ot have soid to incit of tlie comiipla ints1 of U ptoiii PeIlletier, anid thie menvi coliii d w i thi lii iii priso I will in formn my colleague of' thle deIC palil et of justice ti ereof, and wiill req inest lii ii to) giv th le most p recise orders th at thet accused many have ail fIt(i alt teli lis whIiichi you recommend in thiir favor. Youn ma rest w vit hoult ulclsi ness oili tIRis pinit. Buiit I in ust Fily 1 fin id difiIciltty ill Coin) prelim end ig thiir coming ls afte r whIiat lis already been ordered, bain, besides, a report from Ilie go verinmRenit cominitssioonr ifiicli affirms that these iin ree'slqI spect to 'Aiibsistciiee and lodging, receive all the
cares which complort %i tilteir position,~ which is established by a deposition Of U a ptnaiii Pellet ierli himsel f, wih li lt s beeiinOi i culiii ca teil to tile.
Accept, &c., PL AN .
Mr. SFH1ll WF.nui,
Commercial Age-pt o)f tu [TJ,.d E Si/tti l~r Ji,(imj.Pripp(.
LEi-ATIION OF rnIIF LJ.irKU S'rATKS,
Port-au-Prince, Hayti, March 31, 1S63. SIR 1 ami informed that the ease of Captain Antoniio Pelletier hia-i beeii revived in the court of' Cassatioli in this city.
42 ANTONIO PELLETIER.
As this matter it; now under advisement on the part of thle United States for the purpose of specific instructions to this legation, in order to tin amicable adjustment, I trust no new obstacle will arise to embarrass the case.
'The questions of law transfe~rred to thc court of cassation, and which, under thle laws of this country, should have been passed upon immediately, have rested, as 1 supposed, for the purposes of it settlement of thecase by the nuthiorizedi ilgelits of' thlt two countries. To revive this matter 'low, after so long silence, 11nd while it is in tile hands of tile diplomatic a.-ents of' thle two countries for arrangement, woUld increase the breaches already made in international law, and render the whole, catse more Iific tilt of' tdjuLst mnit
Before puirsuinig this subject further 1 respectfully awiait your contrilcti o these proceeitig-t. the news4 of whichi hats just reached lue.
Acet'pt, sir, the assurances of ily very high coiisiderattiou.
General A. I u reiv,
Secretary/ 0' *Statcfl;r Forl~'n Re'jlations, lly%,-.
P er' collie ceitiftue con font.
Mr. COMiiMI sION IN t :I have receiveil you~r tiespatchl, dated :i st March last, Ity w hiich y otlii v isve t lthat thet aithit of' Mr. P ellIetier isllagain undiiter ctliisidte'rimtionk ill thli court (of, cls satioll 111141 thatt its tielt- 11itted States are now occi 1iudi With this utitt( r, and hltopIlow to givv youl s pecial is t rlctions in view of b rinigillg about anl aminicabIle arrangemnielt, you liii ithat t no( niewi ohst adh w'iill arise of'ia nature to create difficulties ill tilt WAY (it' this.
WVhilIe wilting, sir, for you to received the iiis t ritet io s youii e xpect frt1 'o ymr government, anid which will vlible 3' tll tit ctii iencto to thlt 11ay tie ii go v ernbmen t the recliamiltionis w hiich sihoulId hr ing iabottt the aLmicable itrrillge inveit which yotl mntioni to me, I do not see 11ow it Judtgm~en~t, rendterdl by the coutrt Of' cassatioll, regularly possessed of' this buisiniess, caun create difficul ties wiich y'o seem to foresee, andl which thet IIinytivll governmt~ent would he very desiious to avoid. Moreover, I sh1OUld Simy to YOU~ thtiLt it is An error to supposed the courlt of eflsmatiui hs not sooner disposed Lot this ammiir, iii view of leaving its regitlationl to the authorized agents of' tile! two counttries ;the governltmnt cannot inter'velle to suppelil the action oif' jukitice. e?4hlecinily WVll this J1l8tiC(' is C'ILletl1 for liy Mr. Pelfetier himself.
Commissioner and Consul General
ft/a' United Statzes, Porteau Priae t1.
.AA% 3, 1861.
Mr. Vu'H-CONSi'L I have batd the Iloilior to receive tile letter you addressed to me the 30th April htst. I thank y'ou for the details into which yon have entered; they constitute a series of information which will palace the court ill conditions to appreciate the conduct of Capltan Pellet ier, and will throw light upon tile acts with which lie is charged, and ibtiut which it is important to he qulite certain.
ANTONIO PELLETIER. 43
At thc same time, whilst you are justly, indignant tit the misdeeds- of which this seaman has been guilty, you make reservation in behalf (,f one of your country. men shamefully despoiled by him. 1 have transmitted your despatch to my Colleague minister of justice, in the iterest o: the proceeding the preliminaries whereof are opened against the deliniquenit.
Accept, &c., &c., V L SN E
Mtlr. IIHvitv IIYIIoN,
ie-cconsul/ /' 11er III ihgamc Al1a jcsf ', Poi t-au-1'rinctc.
Air. 1". 11. Sciward to MIr. Jl'(tumaLif.
1 )tP..A' NTEN OFt SrAr*r
Wiseinglon. August 19, 1 Mi.
Sm:i I have tilt' honor to dick now ledge the receipt o1' your note of' tie( 28111i ul timlo, covering It I, ainlo Ii :kl concerniiing the jilifti iiof' Captain Pellekt ier of' the bark WVilliam.
I avail myself, of' this occasion to assutre You o F my hiighi cotisiderat ioni.
1F. Wi. SEWVARDi,
(ttloait'l E UN i'?' Rot 'tiAl ', 41r., 4-'C., 4-f.
Mir. 1 Ib/dedn to 3ir. Neward.
No. 4. j LKOtA'rlON 01.It- TI NITKI) STATES.
Port-a u-1Prinr, Hay2ti, Vorenshrr G, l1863. SliIt: I have given My attention to the subject of' your despatchi No. is, anid hatve t.\ am li nil thie copy oif' tihe des pat ci atndi paper IS I iii tile COlst iat Ca lll y tieti atccoliauiy it ig tilt rsamei.
Itecal litt g yonur tlitnion for atit i et to my dlesp at ch No. 11 1 based the staltemenits I thlen 1i iiitde r111(11 tlt' e videt tee ill thle ease thn b efore me lh, exa:1in ili ittg theo charges it prefe rred by ill(- I ay tie it gtvernmtiit, anldtit ie v ic ice tl1ttlli which they relied to prtiove tihemi. The ti fotriii n futnti isli" lln wits thait lie was cihargetd W itl piriacy Thie thieo ry Of' thiis K( cIi Ve~li' tl Lt iis, thaiit thati c riltue was committed Ity Ciaptaini P elletier between Cilirllaigenla atid I ort-all i'li iice. It wits nt cli nn'd by thiieii, its 1 1111 iii f'o tried t hat July ac('t lWl Idon tte, afteri sail ing from 'o rt-altii. i ice, upjoni whiichi lie coulId be ct iiv ic t et o't* that cli tr.e. It (lid not occur to them to arret himl) whenl lie was lill Port-am. Pritice disposinlg of' hie cargo. After leavitig a'tt-n r nce td beig, lil lie says, diiveii inito 1Fort Liberty. on the ljom'li coast (It Ilayti, by sirtess of' weathiei, title of' his sailors, with whom lie had trouble tit Port-au. Prince, desertedtil rep 'tjoirted tha Captill I'lletier had Come there to take tiiiiti ito slaveriy. U pon tis followed what I Mtated in my former despatchi. T1he testtimny of'Cortes, the Spanliiard aid passenger who was landedl ft Cayman, wvithl a sick wife, was chiefly relied upon to convict him of' piracy. Colrtes was obtained after the( arrest of the cajitaiti of thet William at Fort Liberty. His testimony was, that it part of' tihe cargo of the Williamu belonged to iui, and lie was r'obbed of' it. TIhis govertiuett as the say PAid him $2,000 for that property, and lie retired.
It was found by tlicii that tbey had iio law by wichl the'y could proceed to try Ii mail ill SuIch at case, so they remitted the sentence oif' their court, aiid lil'd another tind different onc passed without Aniothe'r trial.
All tile ship's papers were iii the liatids of this goventtiit at tile limne of' t al;
44 ANTONIO PELLETIER
they were not ueed, and were refused to the respondent upon demand to have them in evidence. Copies of these papers, so far as covers thle testimony of Cortcs, have been obtained from the United States consul at Grand Cayman, whicb show that this property, claimed by Cortes to have been robbed, was sold by him to Ptelletier for it valuable consideration ; that this transaction was Jill before and iii the prs'nce of said consul. Tis~ knowledge must have been inl possession of this government, through the papers of tile William, whenl Cot tes was used as tWit niess Here, I atm iutforinedl, closed their case.
'1'he( informnationt furnished by our consnil at Cape! liaytien of' what transpired th ere was w ell cal1culiat ed to~ excite thle suspii cion of' tit Is people, if they had beli eved thle test i inoity of' Co rt ez to be true. 'IFlt re is nothing thitat I call auld to whI at Mr. HIutbbardi has said in Itis des patch froin Catpe Ilay tienl. If, then, tite voyngo turns out to be I igiIi matte as fitrrits Port -a u-Pi ince, the remaining question. his couritse' at Fort lib)(rtv, is nomw t o be considered in reference to any art against th is gver'inmn t. As4 it e v idence of* all t ILit Was done1 b)' Ii i there is onl file in yotir depart mentt I nived niot re pe'nt it.
I ha ve nowi given wit at hat coin e to in y kniow ledge itt r(.grdu to thItis casev, and also tlie Course t Itis "ove rinnen t line ta:tkeni inl the t rial andl con vie tion .
It. no1w Irenitus, tit(e eVidVicIIC po110t WhiCIle kiiws t nil bu'iti d isjuiisd oif, to consider what offenices many haive lieit comnil tci by Pill etivir ill. (ir nlear F'ort.
'I'll( e v idienice of' tIis litig befo re Y'ouu, nildi is stein ug tou be at matter betweet'tn PelIletittr aind hiis owit gov ern men t, will req1utir it, aniadit iona i statemi eint ft-oiu iioi' thIo litw stitllg whvre such Jill tfleice is to he tried if' it is cioiiiitted.
It seins ililiiuauit that this case 4liouli liivo it coulstrtlct iui luit u1pon it ait ats (11111l3 at tlitunt its 1ttssible, soo that, whatever coulsi' is to lie tkt'i shltd be titki'ii siiion.
'l'Ile coillst of' this giivt'nuuun1illt ilk this cilsi' setulls ti have luciut very e'xtrau0iiiiatauy. 11)~' 0 sIjpnt'si Jig Itllteis which Wouldi show t li falsity ,of' their chief w iitiss l, U.orte'I, it wvouildi set nu t Iiat li i'y h itsa ptiluos' iou tsid ti le case itself'.
E t i lost't I sendt the pa par in ark et A, 11, C, wbli cl will sitow thir iimeri of' pructiin. testimnumy, tandt of' t reatilig tlii'St' unct of' t Ilie WVillianl.
I ltvii te haaiuor tii he, -it. yui iliist iiheditilt servant.
B. F". NVIIIliDEN.
Secretary n/Y State', 1l'ainugtoa. 1). C
Alexander 'I'ib a udeani, aI ttattiveu of' liini "nxIitlice, Ito it ts i dunt lt Po~trt lill1-l i c, Hayt i, formerly siilor Ioit hoard tilt(- Amnt'ri can ha ik William,~ Captaini Peclletier, being du'ly s4woiti, stated:
lThait ill thle month of'. Febnlai'y, 186 1, lie Fhiltlped ilu board tile said vessel as Jill ordhitali' Y6ilili, kitnd while salid vetSel Was8 playing ill the port of' Port-auPrnimce, Ilayti, Captaimlt'lletier huavinug had sontle difficulty, with the authorities iuitd beiitg liccnsed of intentionts as a slaver, tht' tepoittettt was called by General J. 11. Lamothe, thtenit nitster for police, &c., &e., aitd was. offered by Itim tlc stun of 200 Ilaytieit d(IIllttrS, provided lie would join thle rest of' thle said ship's company (then itt jail) ii iliikitng a fal-se dl('iflition against thte said Captain Pelletier' to provie thlt his real itntenttions wer,'e aks at slaver, so that the Haytien government might seize antd co)Itflsctc dile vessel oun that charge. Tlit ltc refused to manke such a1 depo~sitiOn. ttitd tha;t hie called same day onl Jos. N. Lewis, epsq., thent Uniteid States commtelirciial iigett for Por't-au-Printce, to makeni diii make
ANTONIO PELLETIER. 45
a deposition to this effect. And further states under oath, that to his knowledge five persons of the said ship's company did receive the sum of 200 Haytien dollars each for the purpose as aforesaid.
Sworn to nid subscribed before inme at lort.i-I'rince, this IIth day of June, A. D. 1868.
Secretary in charge of Legation.
LiGA-rION OF 1n1F UNITED SIATNS,
I hereby certify that the above and foregoing is a true and faithful copy of thile original deposition taken before me nitd now on file at the legation of tIle United States.
Witness my haud and official seal, this 3td :Iday of August, A. 1)., 186t3.
[S.At.] IIENRY CONARI).
Sricetary in charge oIf Le-ation.
1, John Henry Brown, late of BosIton, Massachuselltts, depose and say that I was one of the crew of tlhe bark WVilliami, Captain 1Pelletier, when said vessel was seized by tit, authorities o, lHiyti, in ISM, ait Fort Liberty. I shipped onl board of said vessel at .Nlobile, in thie United States, and remained one of the crew until tihe vessel was seized, and tilte captain and crew iniprisoned at said Fort Libertd.
There was some trouble with solne of thde sailors it Plort-aP.l riince before we left said port and went into Fort Liberty. The captain had five of the crew put in jail at l'ort-nu-Prinice, for larceny committed on board said vessel while she lay inll harbor there. The general of police of Port-au-Prince raw these prisoners while in prison, and offered them money to testify against the vessel, and also their liberty, telling them, if the vessel was condemned as a pirate vessel, they would receive a part of the value. In this way he or some one procircd affidavits from these five sailors that said William was a slaver, and that Captain Pellatier's business here was to steal negroes. Tilthe way I know this, one of these men who made aflidavits as aforesaid told me so. lie found fault within tilhe authorities because they did not pay the prisoners as they prolnised for making the affidavits, lie told ine hlie knew these affidavits were false; but they were given because they were told they would escape puniishlennt, and also receive tho money offered. These affidavits were used in court against the prisoners, tried and condemned.
I knew these affidavits were false, and the man (sailor) Antonio, who gave me the information above about the bribery, told me lie knew the affidavits were false also. He was one of the five prisoners offered money to give atffidavits, and given assurances of reward from the sale of vessel. I know of my own knowledge that the bark William wats not a slaver while I was one of the crew. It was impossible; nothing she ever did showe! such intention. IHer cargo and provisions were not adapted to such a business, and I never saw anything in Captain Pelletier's acts, on any part of her voyage, that indicated that lihe intended to make her a slaver. I would not for onie moment stay upon a vessel that I thought was a slaver, or to be made a slaver. I should have left her the first opportunity. I was with the William during thile whole of the voyage, and until we were captured and put ill prison.
JOHN HENRY + BROWN.
Witness: C. lIt NKS.
46 ANTONIO PELLETIER.
Then John Henry Brown personally appeared before me, and made oath that the foregoing deposition, by him subscribed, contains the truth, the whole truth, and nothing but the truth, relative to the cause in which it is taken.
In witness whereof, I have hereunto set my name and affixed the seal of this legation, November 14, 18S62.
B. F. WIIDDEN,
United States Comn., 4r., in Tlhyti.
[United States legation seal, Ilayti.]
I, Thomas Collar, depose and say, that I was the first mate under Captain lPelletier in the bark William, which sailed from Mobile in October, 1860, and was taken by the laytien authorities at Fort Liberty, in April, 1861. There was no design on any part or portion of the voyage of said William to make her a slaver that came to my knowledge, and I do not believe there ever was any in facet. And it was not possible; 1 never had any suspicion of it. I know we were on a lawful voyage. Neither myself or any of the crew under the captain would have consented for a moment to the idea, if we had had the least suspicion of such a design. Again, it was not possible. The vessel was in no state of preparation for any such thing, if any person on hoard had formed any such design. She was not provisioned or prIepared for any such thing. It would have been madness to have thought of any such thing under anlly of the circumstances of the vessel, or with the men on board. The men would have revolted at the idea of turning the voyage to such a purpose, if it had ever been named or hinted.
The Ifaytien authorities all through the entire proceedings seemed bent on a conviction of tle cal)tain and most of the men, without reference to evidence. All the evidence of the captain, aind that of the lawfulness of the voyage, was seized by them and suppressed, when the vessel was seized by then and its papers taken. All these were in their hands at the time of the trial, if trial it could be callhd. Thle captaill (dcimanded tlhe pawrs to put in evidence before the court whei onl trial, but they were refused. By these papers the lawfulness of the voyage could be shown, and his innocence and ours established. The only evidence they hlad was that of some of' the sailors of the William, who had difficulty at Port-anu-Prince, stealing from the vessel William. They were put inll prison for their larceny, and did not go on further on the voyage. They were procured to swear against the captain and some of the men. But these same men (all evidence here is taken in writing, to be read in court) afterwards made affidavit that they had nothing to say against the William, its captain, or men; that they were procured to make the statements in evidence they had before the Ilaytien authorities in hope of reward and their liber(6.
There was a man who shipped with us at Port-au-Prince, and was with us at Fort Libert6, when we were taken, told me that one of the Haytien oflicials, a General La Mothe, offered him 180 gourds [dollars] to testify that Captain Pelletier's design was to steal negroes. He answered that such was not thile fact, so far as hle lind any knowledge of the matter, and hlie would not swear fathlsely.
There is one thing more that I must speak of in reference to some trouble on board the William. A passenger and his family by the name of Cortez was taken on board at Carthlagena, with some freight belonging to said Cortez. At Grand Caymanl Cortez desired to leave the vessel by reason of the sickness of his wife. lie and the captain at first had some trouble in settling about passage money and his freight. This was at last amicablyarranged, as the United States consulate records at Grand Cayman will show. Wllen the difficulty happened in Ilayti with Pelletier, Cortez came to Port-au-Prince and complained against Pelletier, that Pelletier attempted injury to his person on board the William, oni the voyage between Carthagena and Cayman. This was seized upon by the flTaytien authorities, among other things, to convict Pelletier and others of his men.
ANTONIO PELLETIER. 47
UNITED STATEs LIGATION,
Port-au-Prnce, Iayti, ornmber 14, 1862. Then personally appeared the above-named Thomas Collar before me, and made solemn oadth that the foregoing deposition by him signed is true.
In witness whereof I have hereunto set my hand and affixed the seal of this legation, the day aid year above written.
FSEAL.] B. F. WHIDDEN,
United States Commissioner, ,'c., in Iayti.
Abstract in chronological order of the papers and correspondence touching the
case of Cqaptain Pel//etier, and the seizure of the American bark TVilliam, at
Fort Liberty, by the IaIaytien government.
G. Eusti Ilulbbard to Hlon. IWilliam II. Seward.
CITY oF CArE IAV'TI:N, April 13, 1861. Information of the seizure of bark William, by the llaytien authorities, which was apparently on an illegitimate voyage. On the 21st January, 1861, she arrived in Port-au-Prince, where she was suspected to be a slaver; 20 handculffls, 12 six-barrel revolvers, 4 rifles, 2 kegs of powder, large quantities of provisions, found'on board, &'. The matter was arranged, and she left Port-auPrince on the 20th of February. There were about 20 men on board, of all nations, principally French and Spaniards.
()On the 25th March she was seen again from Cape I laytien, where she might have entered the port in a frw hours, but she lay off the coast folr five days, sometimes anchoring in small inlets. On the 29th March she was passed by an American schooner, and she saluted with the French flag. On the 31st March she anchored at Fort Libertd, where the master reported her to be the French bark Guillimmne Tell, of and from Hlavreo to llwvana, Captain Jules Letellier ; Ihe stated that he had got aground and wished to get workmen to go over there and save a portion of his cargo. One of her sailors escaped and declared that the intention of thile ca:tptain wias to kidnap a number of' I Laytiens and sell them into slavery. Captain Pelletier endeavored to escape and got aground. The 4th April the French vice.consul investigated the case, and requested Pelletier, or Letellier, as he called himself, to come on shore and show his papers. The master refused. Next daIy new sunmmons from thile vice-consul of France-new refusal to obey. Finally the:captain went on shore, and his papers showed that his name was Pelletier, captain of the bark William, of New Orleans, the same who had been suspected of having been ta slaver at Port-au-Prince. Captain and crew were confined in prison. Measures were taken to guard the vessel. On the 6th the captain addressed to the commercial agent of the United States a letter explaining why he had changed his name and the name of his vessel. Thle above-mentioned agent declined to interfere in consequence of his suspicious actions. The assertions of Captain Pelletier are notoriously untrue. Tihe commercial agent asks information as to the course he should take in case the vessel should be brought to Cape IIaylien.
[Additional to No. I.-Ene'onnme A-no eate.]
Affidarit of Isaac B. Gage, master of te Ameriscn schonmer Joseph Nickerson.
On the 22d March hlie saw on the coat of Hayti a bark, which hlie describes, without knowing where she was bound, nor from, nor what she was about. Said bark sailed with the Fieach fl1g.
48 ANTONIO PELLETIER.
rAdditionail to No. I.-Enlosure Bt.
Letter of so-called Letellier to the French consul at Fort Hayticsn.
Fonvi LINP.RT.:, April 1,18S61.
Informing him that his; bark Gucillaunme Tell, from H[avre to Havana, got aground, had sustained heavy damage, that hie left his vessel drift, amid that ie finds himself thus in the port of Fort Lihert6. Ile widlis to stay there one or two days for repairs, atud thien to sail to Cape ilaytien, where lie will put hiimself under his protection.
IAddilicIcIl to No. 1.-- Etic tir(' C'.]
Letter of) A. Pelletirr it) 31r. l~ulhhardi, consul age'vnt o)f I/ic lUitcd Statrs at
Fowl' LczcuitrN:, A1,11 6, 18t3.
lie writes fromnta dungeon. After at heavy sea lie was drifted to Fort Libertt', and as hoe was again ready to leave, fearing they would find out who lie was, Ice 11oifted at private Signatl, which wRa A French flag. Officers came on board to search the vessel and demndtteci his papers. Not to show then, lie invencte'd a false hood, addcinig ticait his name was 'I elli ir, and tlcn name of his vessel uciii. Ictnce. Ile ciifi'5M('5 his criclic, which lice comtmitte'd to save himself, crowV and ship. III i~wishecs to hto judcgd bcy the laws of' the 1 llit('d Stit('5 The Frt-ith cocicl got an cgry cit hicm for hay iiig iceel In ish ed. Ilt (P el letier) wits bMic cght Oni shore!, with ic s crew and i s papers tak en acway ftom hcim a ndcc asks fcor pirotec ticinc. T1'ic rason wbIy lie hciis ted at I'rc'ccI filg '%'Its tihat it is iiiu ce resp1ected bcy thei Ilaytin it'l51hant th cco(thie'rs.
[Addlitioncal to Noc'.J- Endfomctire, D. ]
bectter of the commercials agent of the United .Statcs to Captain A. Pcl/ctirr.
CAPIa IIAvrriVN, April 11, 1861.
Ile denies tho assertions of P'elletier, that lie hand been drifted to Fort Libertci, without being able to steer, ancd says lie eflitiot interfere in his behalf.
[ Adclitional.-Enclocccre F.
Letter ty' E. Aicuxam to the consul of th). LUaiee States.
CAPC IIAYTINN, April 12, 1861.
He says that lice has retucitld two days at Fort Lilbcrt5, and ticat the flag of' the United States was never hoisted, (oct board the William.) or else hie would never have written to Captacin Pelletier, and lie communicates his carres Rondence to prove that the latter claimed protection from the vie-conisul of I rauce as his countryman.
ANTONIO PELLETIER. 49
G. Eusti's Huldard to lion. in.H. .Setarrl.
CITY OF CAPE HAYTIEN, April 13, 1861. Transmitting official returns. Nothing of importance has occurred in Pelictier's case. Eight sailors of his crew hadl arrived, proclaindiit--- themselves to be Frenchmen. Those remnainting at Fort Liberty claim American rights. Asks instructions.
Addiionil to No. '2 -Enivlo~nres A, A c. I (ioltaia ing ret u r s, concern intg nita it ion comil ne rcv, toe!;, &C.'
*N No. 3.
G;. Eusttis JIuhh/,ud to lion. in 11. Nriaril.
CITY' OF CAPE IIAYTII.A, Mei, 20, 1861. In f'0r1InS that Ca it aill I 'Viet it tind crew litd beent brought to th at cityv from Fort Li bertt' tantI put III prisoit anld thl' ..Nlli nit: b troughIl into port.
Theo jriso iters were tivteit withI great 5i'ver ity3, as it is the cu st om i it the contry, andi tot allow id to 'omnt :nicatet wit I:any one. TIhe offi cers antd crew of' the ve'sse'l were taken otit the 20th of' M,:3' to Port-au- Prince. Ve'ry likely the vtev i will also h lttiried thI i iter. TIheit thle whole affiti r will be under th:e vet rutl of' the: I nlit ed stalt( us vain tervti'll it c it ot t lIit port.
N o. 4.
iIis T. Bldto Hion. II'. 1). Srnerd.
N %%w YORK, Oclohcr 10, 1861. Sends protests of' Captain P elleiertt, notw utnder senrettec of dthI. Writer hans known, very intimately, Pellet ier, and believes lie is innlocent. Asks tlte protection of the governhtent inl Ik bt-lialf.
[Additional to o.4. Enc'losurt' A. ]
Ail. Ackerman to Jiulits Bell.
POua'.AU-PRINCEC, September 10, 1861. lie sevnds a protest of Captainl Pelletier, ill wichl the latter acknowledges
OIone wrong, that of ha1vinig hoisted thte French flag.
I'hfie new American commercial agent, Mr. Seth Webb, liar, no experience inl Hayti.
11. Ex. Doc. 260-4
50 ANTONIO PELLETIER.
[Additional to No. 4.-Enclosure 13B.]
Ad. Ackerman to Rufus T. Bell.
PORT-AU-PIRINCE, September 10, 1861. Hlie knows that Pelletier committed no crime in iHayti. It is true, says Ackerman, a lawyer, that Pelletier has been treated inhumanly and illegally. Wishes that Pelletier's report should be published in the Herald, and that the American government will interfere in his behalf.
[Additional to No. 4.-Enclosure C.J
Statement o/" Antonio Pelletier.
PIlsox, Por T-Av-P INCE, June 21, 18G1. After a stormy sen, and his vessel being damaged, he was drifted to the shore, and he reached the port of Fort Liberti. For fear of being miolestedlby the Hlaylien authorities he concluded to change his name and that of his vessel. lie was ordered by the latter to remain in the port on his board, but tried to escape. lie ran aground. His vessel was then seized, and hlie and his crew taken on shore and put in prison.
lie protests against the inhuman and illegal treatment to which he ihas been subjected, against a trial without jury, and asks to be judged in the United States.
[Additium Io No..I.-Encloshiurt, 1).]
Pelleticr to Mr. Lwtis, commercial agent o/' the United States.
PRISON, PORT-A-PRIN.E, August 26, ISGl. Additional statement to the above. lie has been chained up, dragged, flogged, pelted with stones, thrown into a filthy dungeon, &c. The witnesses who spoke against them were bribed. He claims to be a voter and a real estate holder in the State of New York, and having been elected in Chicago, hlie demands the protection of the United States government.
[Additional to No. 4.-Enclosure E.]
Other additional statement of Pelletier.
PRISON, POltr-AU-PRINcE, August 31, 1862.
He says he Ihas been condemned to death, Thomas Collar to five years of chain and hard labor, John Henry Brown and Urbain Castay to the same punishment, whilst the French crew were set free. His papers, which would have proved his innocence, were abstracted from him. Calls himself a citizen of the nited States.
This protest is signed by Pelletier, master of the American bark William, Thomas Collar, chief mate of said bark, and John Henry Brown, sailor.
ANTONIO PELLETIER. 51
LEGATION OF TIlE UNITED STATES,
Port-au-Prince, Xoremhber 20, 1862.
To Hon. W. 11. SEWARD:
Thomas Collar and John Henry Brown were pardoned and set at liberty by the President of Hayti.
As to Pelletier, hlie is to be transferred from Cape Haytien to Port-au-Prince, where the writer will have an opportunity to investigate his case.
The Legation of the United States to Mr. Scward.
P]ORT-AUIJ-PRINCE, December 25, 1862.
Pelletier has been removed to P'ort-au-Prince. Writer has seen him and examined the papers and proceedings in his case. Pelletier made to Mr. B. F. Whidden generally the same statements as the ones mentioned in the above protests. The court of cassation set aside the judgment on the ground that there was no law in Ilayti by which a sentence could be pronounced in such a: case; but, without any further trial, Pelletier was sentenced to five years' imprisonment. The William was sold at auction, as all the property on board. Mr. Lewis, then consul at 'ort-au-Prince, claimed that the government of Hlayti had no right to detain those men or the vessel, and that they should be delivered over to him, for the United States government. Mr. Lewis was superseded by Mr. Webb, who remained silent. The writer does not see anything to justify the government of Ilayti in their course towards the men and vessel. The papers of the vessel were not only suppressed, but several witnesses were prevented from deposing by being imprisoned.
Captain lelletier is the subject of the United States, where his vessel was also owned. When sold at fHayti, the sale took place for a trifle : the vessel now goes by the name of General La Marre, and sails from Port-au-Prince to New York and sometimes to Bangor.
The men have been very cruelly treated in the early part of their imprisonment. A posse of the police while on board to overhaul the cargo trampled upon the American flag in a most wanton manner. Writer has been informed ot these facts by witnesses.
Asks for instructions.
Mr. Seward to Mr. IVhidden.
WAsHvroN, April 6, 1863.
The Secretary of State invites the latter to renew his examination of the case, as in the light of sundry papers which he was not possessed of at the time he came to a conclusion, and especially of a despatceh of G. Eust. Hubbard, United States commercial agent at ape Haytien, dated April 13, 1861.
52 ANTONIO PELLETIER.
Ernest Romain to Alr. IV. H. Seward
endingg a ieniorial on the affair of Ciaptaii PellctieCr.] STATEMENT.
WAsmIN'ro.vX, July 23, 1863
About the first days of 1861, the bark William entered at Port-au-Prince. Captain Pelletier said he came from New Orleans, having on board at cargo of boards and other goods. The vessel being suspected, a visit of her was made handcuffs (20 pairs,) carbines, revolvers, two quarters of powder, a very large quantity of empty barrels, provisions in abundance, blankets and a false d(leck in course of construction were discovered. An inquiry showed that Pelletier did not come from New Orleans, but from Mobile, and was bound for Carthagena. lHere Pelletier, to turn aside the suspicion of the English man-of-war G(ladiator, (which was informed of the secret designs of Pelletier,) took on freight from Antonio Caflo, vice-consul of her Britannic Majesty, ai quantity of mercliandise for Rio Haheie; these goods were intrusted by Mr. Carlo to his clerk, Juan Cotis or Cortez, who embarked on the William. Not wishing, however, to go to Rio lInclihe, for 'ear of meeting the Gladiator, I'elletier thus terrified Mr. Cotis that the latter proposed to pay him a large sumn if hlie would consent to land him and his family at thle nearest land, which was the Grand Caymnan, which took place; this was granted to Cotis on the condition, supported by threats of' assassination, that he would transfer to him the ownership of the goods belonging to Antonio Caio. which were worth over $3,000.
Thence Pelletier went to I'ort-au-Prince' where he sold the merchandise extorted from Colis. 'Therv tlie governmneti, having good reasons to believe that Pelletiei was trying to kidnap citizens, ordered him to leave for New Orleans, the port for which he had cleared. lint instead of doing so he went to Fort Liberty, in order again to get mnen on his board under pretext that his bark wanted repairs. One Miranda, of Pelletier's crew, having escaped from his board, denounced him as having the intention of taking 150 men from the Hlaytien shores, and to sell them as slaves in Cuba. Possession was taken of his vessel, after Pelletier had attempted to infringe the orders given him to stay.
On the 19th of August, 1861, the criminal court began to take cognizance of the charge of piracy, slave trading, robbery, with force of arms, and violence and threats of assassination. After various instances Pelletier was condemned to death ; to pay $1,000 damages to Cano,and $3,000 to Cotis forthe injuries done to the latter. 'he William and her accessories were confiscated for the benefit of the state-neaccording to the purview of the penal code of Hayti. Pelletier appealed. The point in litigation waits no longer the culpability of Pelletier, but the application of the punishment. Again, after some other instances, the court of cassation maintained verdict of the court of Cape laytien, who had pronounced, instead of the punishment of death, that of solitary imnprisoinment.
Thereby tihe affair has reached its definitive solution, till the legal means having been open to Pelletier. But the right to condemn Pelletier has been called in question by Mr. Lewis and Mr. Whidden, on the ground that Pelletier was an American citizen, a fact which is by no means proved satisfactorily. The Haytien government would be glad to hear that the Department of State has occupied itself with this point.
Mr. Lewis does not deny to our government the right of punishing slave traders and pirates, but endeavors to show that Pelletier was not liable to be brought to trial in the Haytien courts, according to the Haytien legislature; and that Pelletier and his vessel ought to have been delivered up to the representatives of the United States. Here follows p. 14, an examination of those laws.
ANTONIO PELLETIER. 53
Mr. Lewis took upon himself to interpret authoritatively our laws, when such a mission is incumbent on thile courts alone, alone skilled to determine on their own competency. Mr. Lewis has not always looked upon this question from the same view, as will be shown in an enclosure dated May 3, 1861. The consular body at Hayti fully indorses the conduct of and the rights of the Haytien government.
Joseph N. Lewis to Victorin Plesance, Secretary State.
[Additional to No -En closure A.] P'Owtr-AI-PRINCE, l1ay 3, 1861. The writer says that he has been informed of the misdemeanors of Captain Pelle'tier by Mr. Byron, consul general of her Britannic Majesty, and his extortions from the hands of Mr. Cotis, clerk of Mr. Carlo, English vice-consul at Rio Ilache, at Mr. Byron's request. Mr. Lewis asked that said captain and his vessel be not set at large before Mr. Carlo has had time and opportunity to take against them all tile proceedings which may seem to be necessary.
[Additional to No. S.-Entclosmre II. ]
IPoiT-A-1'tRINtCE., Maly. 1861. iemnorial of the cousnlar body at lHayti considering unanimously that the goverllnmenllt of that republic has power and right to enforce against Pelletier all judicial proceedings which comport with the crime of piracy.
The Vice-Consul, &e., of her Britannic Majesty. The 1)irector of the Legation of France. 'Th'Consul-General of the Netherlands. The Consul of D)cnmark and Hamburg. The Consul of Spain.
The Consul of Hanover and Mecklenmburg. The Conlsul of Italy.
Tie Consul of Russia, Acting Consul for Austria. The Consul of Sweden and Norway.
L Additional to No. ,.-Enclosutre C.
Victoria Plesance to J. N. Lewis.
POIT-AU-PRINCE, August 14, 1863. Relative to the demands of Captain Pelletier to have his papers.
The law does not authorize their delivery; but the accused and his counsel may obtain at the clerk's office any copy which they may think necessary. Pelletier may have gratuitously a copy of the different procis verbaux, &c.
Clothing for Pelletier will be put at his disposal.
[Additional to No. H.-Enclosure D.] J. K Lewis to Victorin Plesanace.
PORT-AU-PRINCE, August 17, 1863. The orders given by the latter have not been executed at all; he sees that a defence which would avail to obtain from the court the declaration that it was
54 ANTONIO PELLETIER.
not competent is no longer possible; he protests against the tortures inflicted on Pelletier; his seclusion ; the illegalities practiced from the beginning of the prosecution; the unlawful breaking of seals; the disposition of the greater part of the papers; the refusal of copies against any decision of and the jurisdiction of Hayti, since Pelletier was to be delivered up to the commercial agent of the United States; against any decision which may touch the affair of Messrs. Carlo and Lotis, the facts, if they were proven, having taken place on board an American vessel in the course of a voyage, &c.
[Additional to No. t.-Enclosure E.] Victoria Plesance to J. K. Lewis.
SPoItT-AU-PtNC., August 19, 1863. Thle government of Il[ayti has acted within the limits of their right. The counsel of Pelletier knows that the papers of the captain are deposited with the clerk, and he has made use of his right. ''Thie affair is pending before the court, and there is no legal mode of stopping its course, but the counsel is at liberty to put in exceptions.
[Additional to No. H.-Enclosure F.] IFictorin Plesance to Seth IVebb.
SPonT-AU-PRINCE, September 18, 1863. Precautions have been taken to' bafllo the attempt of some individual as regards thie William." Orders will be given that the accused may have all the attentions which Mr. Webb recommends, and that Pelletier may receive all the cares which comport with his position.
[Additional to No. P.-IEniclosire (.-No date. ] J. Dupuy to Mr. B. F. IVAhidden.
Writer does not see how a judgment rendered by the court of ncassation, regularly possessed of this business, can create difficulties which Mr. Whidden seems to foresee.
[Additionald to No. .-lEnlomto 11.] To the consul of H.. B. A., from Victorin Plsance.
Pol'mr-^Au.PRINC, May 3, 1863.
The latter thanks the former for information which will place the court in condition to appreciate the conduct of Pelletier.
[Additional to No. e.-Enclosure I.] Ernest Rotimain to lion. TV. H. Seward.
WASHINGTON, July 2S, 1863. Communicating a memorial in Pelletier's case, with enclosures, of which several have already been analyzed. The following were not.
ANTONIO PELLETIER. 55
[Additional to No. S.-Enclosure K.]
J. N. Lewris to Victorin Plesance.
1PORT-AU-PINCIE, August 13, 1863.
Pelletier needs his papers for his defence, and a copy of all the evidence against him.
[Additional to No. t.-Enclosure L.]
Seth Vebbh to Victoria Plesanc.
POnT-AU-PRINCE, Septcmber 16, 1863. liHe has some reason to believe that there is a plot to seize the William and convert her into a privateer, and hopes thile government of IHayti will take some measures to prevent it; and lihe makes an appeal to hunimanity in behalf of Pelletier.
[Additional to No. e.-Enclosure M.]
B. Hidden to G. A. Dupuy.
PORT-.V-PtINCE, Mlarch 31, 1863.
lie ihas been informed that Pelletier's case has been revived in the court of cassation, and hopes that this will create no new obstacle to embarrass the case. He supposes that the questions of law transferred to the court of casation have rested, for the purpose of a settlement of the case by the authorized agents of the two countries. To revive this matter now would increase the breaches already made in international law.
B. F. W/Iidden to Mr. If. 1. Seward.
POlR'-AU-PHRINCE, .Yorembcr 6, 1863.
The theory of the lIlaytien government is that a crime of piracy has been committed by Pelletier between Cairthagena and Port-au-Prince. If the voyage turns out to be legitimate as tfar as Port-au-P1rince, the remaining question is now to be considered in reference to any aet against this government. It 110now remains to consider what offlence may have been committed by Pelletier at or near Fort Liberty. The evidence of this seems to be a matter between Pelletier and his own government.
The government of Hlayti have suppressed papers which would show the falsity of their chief witness, Cortez.
[Additionli to No. 1-Euclosure A, Port-iu-Pritne, J une I1, ,f3 I, Port-au-Prince,
November 14, 186 C, Port-niu-hince, Noveniber 14, I~sti.]
Affidavits of Thibaudeau, John Henry Brown, Thomas Collar, showing the manner of tmhe Haytiens to procure testimonies, and the way in which tihe men of the William were treated. They say sums of money lihave been offered to them by the Haytien authorities to make false depositions, and that they never knew anything of the William, showing that that bark was engaged in tihe slave trade.
56 ANTONIO PELLETIER.
Ernest Roumain to Hon. Wmn. II. Seward.
NEW YORK, Noiember 16, 1863. He is advised by his government that new demands have been made by Mr. Whidden at Port-au-Prince in behalf of l'Pelletier, and that the right of jurisdiction of Hlayti has been brought into question. 1[on. William II. Seward has given him the assurance that he would examine the facts, and that in the interval, until communicating his opinion to the Haytien legption, no deterinintion should be taken on that subject.
The object of this note is to enable the writer toI inform his government of the result of ithe s teps which lie lhas Itcretofore taken.
31r. Sciuard to AIr. IVhidden.
No :36.] )EPARTAIENT OF STATE,
Washington, Voremer 30, 1863. Sint : Your despatch, Nn. 4.16, has been received, and has been takenii into consideration with the apers already in the department relative to the case of Captain P elletier. '1 lie conclusion reached is that the proof of the citizenship of that person is not sufficient to warrant anl interposition in Iris behalf, lBut allowing the reverse to be the fact, his conduct inl lliyti and on its coasts is conceived to have anfforded the re asonable ground of suspicion against him on the part of the authorities of that republic which led to his arrest, trial, and conviction in regular course of law, with which result it is not deemed expedient to intertire.
I 11m, sir, your Iluedient servanii t,
WILLIAM 11. ,",I"-WVAlt l ).
IIuJa Ist 1 F. 1VIIIiliEN, &4q 41'.. AV., ,%y'.
Alr. Whidden to Mr. Seward.
No. 65.] LLOATION OF TI UNrrED STATrs,
Port.au-Prince, Iayti, May 7, 1864. Sin : Agreeably to printed instructions I send herewith enclosed copies of all notes and answers of the miscellaneous official correspondence of this legation down to this date.
They are numbered from one to thirty.cight in series, agreeably to the direction in your circular No. 33.
I have the honor to be, sir, your most obedient servant,
B. F. WHIDDEN.
Ilon. W. H. SEWARD,
Secretary of State, 4r., 4-v.
Mr. Ruggles to Mr. t'hidden.
No. 21. CONSUI,A'rTE OF TlHE UNITro STATES OF AMRRICA,
Kingaton, Jamaica, March 3, 1864. Sia: Captain Antonio Pelletier, who escaped, as you are aware, from imprisonment at Port-au-Prince and came here, remains yet in this place. I have had occasion to render him some service in authenticating documents, and have
ANTONIO PELLETIER. 57
become partially acquinted with thie history of the apparent wrongs and out. rages suffered by him iu lHa ti. I understand that he has to apply to me to make or to forward a representation to the government of this island in relation to the Haytien government having assumed jurisdiction of alleged criminal offences charged to have been committed at Grand Caymans, a dependency of Jamaica. Perhaps other official action may be required of me in his behalf.
While I desire to do everything in my power rightfully to aid him as an American citizen, and at the same time feel a strong prepossession in his favor, I cannot shut my eyes to the fact that the treatment he was subjected to in Ilayti, according to his own account, was so inhuian nud outrageous as to be almost incredible.
1, therefore, take the liberty to ask you to inform ine, as briefly as you please, how you regard the merits of his case as against the liaytien government, and whether that government presents any justification or excuse for its course against him. Your answer to tlis i inquiry, as clear as you fiel at liberty or ineliwned to give it, will greatly oblige me.
I am, sir, your obedient servant.
F. 11. RUiGULES,
'nited NatCs Commissiomer.
Ilhn. B. F. WnnovMN.
1r. hidden to F. I. Ruggles.
No. 22. LItATION Io Trile UNITED STATES,
Port-au-Prince, Hayti, March b15, 1864. Sill : Yours iof' the "d instant is just received. The case of Captain Pelletier I have heretaofore had occasion to investigate very thoroughly. and have reported it very fully to our government. While in prison he suffered very much from lack of the necessaris of lift', and also from sickness 1 procured his removal from Cape Ilaytien to Port.au-Prince, and afterwards from the prison to the hospital, in this city, on the certificate of attending physicians of his failing health. Prisoners in this country are treated with cruelty, and often subjected to great indignities and cruel privations. While he was here, I did everything that justice, and even humanity, seemed to call for in his case. (Our government has taken his case into consideration upon very full testimony furnished, and upon ta very clear statement of the facts made to the department at Washington.
Enclosed I send you at copy of a despatch (No. 36) sent to me upon the result of their examiination into hIis cnse.
From previous despatches from Washington, 1 conclude that his conduct between here and Fort Liberty, the place where hlie was finally arrested, was sufficient to warrant their conclusion, aside from what took place between Grand Cayman and here.
You can, if necessary, communicate the substance of despatch No. 36 to Captain Pelletier, but for government reasons I desire it may stop there.
0 S a *
I have the honor to be, sir, your most obedient servant,
B. F. WHIDDEN.
F. II. RuootLs, Esq.,
United States Consul, Kingston, Jamaica.
58 ANTONIO PELLETIER.
Mr. WVhidden to Mir. Secard.
No. GG.] LEGATION OF THE UNITED STrATES,
Port-au-Prince, lay 7, 1864.
SIR : Agreeably to printed instructions, I send herewith enclosed copies of the notes and anewcr, in the correspondence between this legation and the Haytien government since that furnished ii my despatch No. S18, down to May 3, 1864.
I have the honor to be, sir, your most obedient servant,
B. F. WIIIDDEN.
[ lInclosiurels to No. (. ]
Ir. IVhidden to General 1)upuy.
No. l.j LIE(AION OF '1 UrNITFii) STArTES,
Port-au-Prince, 1Hayti, March 31, 1863. Sit : I am informed that tihe case of Captain Antonio Pelletier ihats been revived in the court of cassntion, in this city.
As this matter is now under ndvisement on the part of the United States, for the purpose of specific instructions to this legation in order to an amicable adjustment, I trust no now object will arise to embarrass the case.
Thle question of law transferred to the court of cassation, and which under the laws of Ihis country should have been passed upon immediately, has rested, ias I supposed for the purpose of a settlement of the case by the authorized agents of the two countries.
To revive this matter now, after so long silence, and while it is in the hands of the diplomatic agents of the two countries for arrangement, would increase the breaches already made in international laiv, and render the whole easo more dillicult of adjustment.
Before pursuing the subject farther, I resWpectfiully await your construction of these proceedings, the news of' which has just reached me.
Accept, &c., WI EN.
11. F". W1Ill)I),
General A. Dupuv,
Secretary of State for Foreign Relations, 4c., t 4vr.
G(,eral A. lt guy to M3r. Whidden. No. 2.] OFFlCE OF Fonitil RELA'TIONs,
Port-au-Prince, April 4, 1863.
Mr. Co..MtNlioN Fit : I have received your despntchli of the 31st of March last, by which you notify me that the case of Mr. Pelletier ihas just been brought before the tribunal of casation, and that, as the United States are now considering this subject, in order to give you some specific instructions with thie view of an amicable arrangement, you hope no new obstacle will arise to embarras the case.
While waiting, sir, that you may receive the instructions you expect from your government, and which will place you in a condition to represent this affair in accordance therewith, I do not see how any decision given by the court
ANTONIO PELLETIER. 59
of cassation in this case can create any such difficulties as you seem to foresee, which, of course, the Haytien government would very much desire to avoid.
Further, I may say, that it is a mistake to suppose that the tribunal of cassation has delayed its action in this case with a view of leaving the determination of it to the authorized agents of tilhe two countries. This government cannot intervene to suspend the action of the court, if indeed this is asked, as it appears, by Mr. Pelletier.
Mr B. F. WmIDuIN.
IHenry Conard to General Damicr.
No. 6.1 LEGATriON OF 'riiK UNITrED STATES,
Port-au-Prince, Hayti, August 10, 1863. Sit : From a letter which I have received from Captain Pelletier, he reports himself to me as being almost destitute of clothing, and stating he has and does still suffer severely froan this destitution; hlie states also that when committed to prison in this republic he had an ample supply of all descriptions necessary, but that nearly all was stolen from him; also that since being confined in the prison he has seen other prisoners wearing his own clothing, and that when he made complaint of saine to the director of the i ison, no satisfaction or restitution was made to him. In view of this, and that every prisoner's clothing should be held sacred to him and for his use, I request that after investigating the affair, if finding his destitution to be as he represents, you will cause him to hobe provided with such articles of clothing as are necessary for his health and comfort.
With the assurances of my high consideration of your sense of justice, I have the honor to be, sir, your most obedient servant, HENRY CONARD,
Secretary in charge qf the Legation.
Secretary of Sate in charge of Foreign 1Relations, 4t.
General Damier to Mr. Conard.
No. 7.] )uEPI'AIRT1MENT OF FOIIHI-lN I EIt.A'rIONS,
Port-au-Prince, August 29, 1 63.
Slint : By my letter of the 20th instant I informed you that 1 had communicated to my colleagues of justice and of the interior the letter you addressed me on the 10th instant, on the subject tof Antonio Pelletier.
It appears from the examination made by my colleagues that the alleged larceny of which Pelletier complains as having been done to his prejudice, has never had existence.
The information we received on the subject makes it appear that the charges made by him are destitute of foundation. In confirmation of this I enclose a copy of the report of the commissaire du government before the civil tribunal of this jurisdiction, to my colleague of justice.
Receive, I pray you, sir, the renewed assurance of my high consideration.
The secretary of state for public instruction, charged par interim with the department of foreign relations.
Mr. HENRY CoNARD,
Secretary in charge of U S. Legation, Port-au-Prince.
60 ANTONIO PELLETIER.
Mir. TVIidden to Mr. Seward.
No. 70.] LEGA'rION OF THR UNITED STATrES,
Port-au-Prince, Hayti, May 31, 1864. SiH: The documents relating to Captain Pelletier's case in the enclosed envelope were received through the mail at this legation after the case to which they refer had been settled at Washington, as per despatch to me No. :36. I send them to Washington, as they arc not wanted here.
I have the honor to be, sir, your most obedient servant,
B. F. WIIII)DDEN.
lHon WIL.IAM II. SEWAnD.
Secretary of State, lJ'ashington, 1). C.
KIN;SION, J AMAIA, Aorntlher :)0, 1 863. We, the undersigned nigistrates and shipmasters of the Grand Caynianas, do hereby solemnly declare that we have this day attended at the consulate of the United States at this place, and that we have had read to us the allidlavit of William Eden, jr., detailing thie proceedings of Captain Pelletier of the bark William and his passenger Ju1an C(ortez at that place in December, 1860, and we further declare that its contents are just and truite in every particular. We also declare that if any one has sworn that Captain Pellatier has been guilty of iratical conduct there he has sworn falsely, as, during the whole time of his being at the Grand Caymnantas, the most friendly relations appeared to exist between him and Juan Cortez, his passenger. And we were all horrified at hearing of his condemnation in Hayti for anything that had transpired at that place between them. We also solemnly declare that as magistrates and British subjects it would have been our duty to have arrested any one visiting our shores who might be accused of piracy. and to have forwarded him to Port Royal for trial, and that we would fearlessly have performed it had there even been valid reasons for suspecting that any improper proceedings had taken place in that instance.
WM. ROBERT BOI))DDEN,
JAMES 11. COE, Shipmaster.
CONSULATEI OF TIIE UNITED STATES oF AMBRICA, Kingston, Jamaica, November 30, 1863.
I, the undersigned, consul of the United States for the port of Kingston, Jamaica, and the dependencies thereof, do hereby certify that the above-named John Jennett, William Robert Bodden, Robert Thomson, and James 1B. Coe, this day appeared before me and severally subscribed the foregoing declaration and made solemn oath that the same is true.
Given under my hand and the seal of the said consulate the day and year above written.
[SEAL.] F. H. RUGGLES,
U. S. Consul.
ANTONIO PELLETIER. 61
Kic.s'rox, JAMAICA, KYorember 30, 1863. I, John Bernard, holding a commission under the Queen as magistrate at the Grand Caymanas, do hereby solemnly swear that I remember Captain Pelletier coining to that place on or about the 18th of December, 1860S, and that I was employed by Mr. William Eden, jr.. to transfer some cargo out of the bark William, belonging to Juan Cortez, to a schooner of his, William Eden, of which I had the command, (the Caspian;) but finding that the goods were damaged by sea water I reported the fact to him, as I understood at the time that hlie was depending on the sale of the goods in this place on their arrival (Kingston, Jamaica,) for the reimbursement of a sum of $500 that lihe was to pay Captain P'elletier for M. Cortez, as also f'or $250 passage money of Cortez and his flimily.
The goods were subsequently put up at public sale, but bought in by M. Eden, at the request of Cortez and Pelletier, as they d(lid not approve of the price offered, and they were subsequently bought by Captain P'elletier, who resold a portion of them to M. Eden.
On the 25th or 26th D)ecember I left the Grand Caymaninas with such goods ais M. Eden had bought, together with Cortez, his wife and family, for this place, where we duly arrived, and thie goods were sold her, by Mr. ( )welt, Mr. Eden's brother-in-law.
Mr. Cortez never made any complaint of Captain Pelletier's conduct ; on the contrary, they always appeared in most friendly terms; nor d(lid he make any claim on the goods which came with him and which lhe saw sold here, although he in might easily have done so if they had been improperly obtained from him.
I also solemnly declare that thle interpreter, D)onimtiques, who was hired by Corilez to accompany us to this place, (Kingston,) repeatedly told me that Cortez had often expressed Ihis satisfaction at the treatment that the had experienced from Captain Pl'letier, who he said had in all their transactions behaved like a perfect gentleiiai. N B NA P.
JllN BEltNAI), JI..P.
Co s E (IF T119 1rnIs l.lI STATES OF AMFIICA, Kingston, Jamaica, Norremner 30, 1863. 1, the undersigned, consaul of the United States for the port of Kingston. Jamaica, and the dependencies thereof, do hereby certify that the above-named Jolhn Bernard this day appeared before me and subscribed the foregoing declaration and made solemn oath that the same is true.
Given under my hand and the eval of the said conemsulate the day and year above written.
[sHAt.] F. 11. IItUGGLES,
UC S. Consul.
De'position of lWilliam Eden,jr.
KIN;s'rON, JAMAICA, November 30, 1863. 1, William Eden, junior, of the Grand Caymanas, do hereby solemnly declare that the following facts relating to the transaction in consequence of which 1 have heard that Captain Pelletier, of the bark William, was condemned to death in Hayti, and his vessel and property confiscated, are just and true:
On or about the 18th of Lecember, 1860, the bark William arrived at the Grand Caymanas, having on board as passenger one Juan Cortez, his wife, child, and servant, and as soon as she came to an anchor the captain and Cortez presented themselves before me (in my official capacity as acting Vice-consul
62 ANTONIO PELLETIER.
of the United States, in the absence of my father, Mr. William Eden, senior) at the consulate of the United States in that island. The captain stated that they came to note protest, to the effect that in consequence of bad weather, loss of anchor, and the expected confinement of Mrs. Cortez, the vessel could not proceed to her destination. (Rio Hacha,) and was, therefore, obliged to put into port for the purpose of making arrangements to send Mr. Cortez, with his wife and family and merchandise, on to Jamaica, which facts appearing in due form in the ship's log-book, and were fully stated in the protest which was subsequently extended and signed as usual by part of the crew and the officers of the said bark.
Mr. Cortez and his family then took lodgings at the house of a friend of mine, Mr. Parsons.
The next day the captain presented his account for freight and passage money through me, amounting to $500, and Cortez stated that it was quite correct, but that he could not paity it, as he had then no funds at his command; and I consequently entered into arrangements with them to advance the money to pay Captain Pelletier the $500 due him, and to transfer Cortez's goods on board of one of my schooners, (the Cnspinan,) and to tratusport them together with him, his wife and family, to this place, (Kingston, Janaica,) for the sum of $250mnaking ii all $750, to be paid to me out of the proceeds of said goods oni their arrival here.
I then sent an express to the other side of the island for my vessel, where she was laying, and the next day she came up and went alongside of the bark William. and commenced transferring cargo.
After beginning the transfer the captain of my scliooner' came and informed mie that thle goods appeared to be much damaged by sea water, in consequence Of the bad weather t hat site had experienced. (to bacco, corn, soap. and miattings.) and 1, therefore, gave orders to stop the transfer, as 1 feared from th ie perish. able Inature of the goods that they might not realize sufficient on their arrival here at Kiiigston to liquidate tIl amount ($750) due to ime The goods that had already beei put M board m y sclhoone'r were consequently retranshipped to the bark \Villiam.
It was then arranged with fi I by Cortezx IIad the captain, its the Intlater was suffering in consequence of the detention of his ship, that I should pllu tihe goods up at public sal to realize the amount required ; and I consequently publicly notified all on tihe island that such sale would take place at a certain time on board of thile bark William.
Both Cortez, the captain, and myself were present at the sale. is also most of tihe respectable people inll thile island ; but as the prices offered did not realize the expectation of the two parties, at their request I stopped the sale, having bought in for them such goods as had been actually put up). Captain Pel'letier then bought the goods from Cortez in my presence, for thile sum of $1,000, (being double the amount of the prices offered at auction, and the matter was satisficetorily settled between them, Captain Pelletier deducting the amount due him for passage-moucney, &c., and paid me in French 5-franc pieces $250, tihe sum that Cortez agreed to give in consideration of my sending my schooner with him and his family to this place.
Thle bills of lading were to my knowledge made out in the name of Cortez, and thie goods marked C.
The said bills were duly cancelled in my presence, and Cortez made an affidavit before me in my official capacity as deputy vice-consul of the United States, swearing that the goods were bona fide his property, and that no other person had any claim on them whatever, either directly or indirectly.
I then made out in my official capacity the bill of sale and all the necessary and usual documents connected with the transaction, and after having had them properly translated and explained to Cortez, by the public interpreter, (Dominques,) I attached, with his assent, my consular seal of office to them.
ANTONIO PELLETIER. 63
This transaction detained the William at the Grand Caymanas for about a week.
Tile William sailed onil the evening of the 24th of December, and during the whole time of her stay thile most amicable relations appeared to exist between Captain Pelletier and Mr. Cortez. The latter made no complaint whatever of the captain's conduct towards him and his family, and they spent the evening of the sailing of the William in my house, partook of refreshments together, and shook hands and parted on friendly terms.
On the 25th or 26th Cortez sailed for Jamaica with his fainmily in the Caspian, (my schooner,) which vessel took also, with the knowledge of Cortez, a large portion of his goods, which I had rebought from Captain Pelletier.
These goods were duly sold on my account on their arrival here in Kingston, and Mr. Cortez stayed here for some time and never made any complaint as regards anything that had transpired between him and Captain Pelletier, at least not to my knowledge, although, being in a British port, he miight have clinmed his goods and sought redress if hle had suffered ill treatment, or if' they had been obtained front hIim by improper means.
To the horror of almost every onie in thle Granld Caymans, it transpired that C.ptaini Pelletier had been condemned to suffer death at Port-au-Prince Ilache, in consequence ox Cortez having sworn that Captain Pelleticr had committed an act of piracy by obtaining forcible possession of the goods in question, and by putting Cortez on shore at the Grand Cayinanas against his will and with force of arms.
iheref re, hereby distinctly and olemuly declare, ill miy oflicial capacity aits the then actiing-vice-conisl of the United States at the Grand Caymains, that it' Cortez swore to such statements hlie hlas committed wilful :Inld cruel perjury, which" could have been of no eff'et if the official documents before alluded to, with which I sUlpplietd Cnptain Pelletier, had been producneed in court at hisia trial.
I further declare that all the hereinhefore mentioned facts are fhilly known to thie authorities 1and most of' the inhabitants of thie (Grand Caymans who attended thie lsale, and that Ialilldviits have heen ninade and call be procured in corrobora. tlioln.
I Have been inform mnd that ill conseq uence of this transaction Captain Pelletier ihas siifered nearly three years' imprisonment and ill-treatment and torture of the most savage nat iure, from which he has just escaped, ruined in health, future prospects, aIlnd reputation ; but I solemnly declare that to iny most certain and positive know led-e, so fllr as this transaction is concerned, ie is it perfeclly innocent Ian, atd, therefore, ciailly entitled to thle protection and support of his government.
I further declare that onl hearing ot' his incarceration and of the disappearance of all his papers, mily father (who had then returned to thie Grand Caymanae) immediately forwarded, through the vice-consul of the United States here, to Mr. Webb, ithe commercial agent of the United States at PortauPrince, duplicates of all the docunments connected with this transaction, accompanied by affidavits fully detailing all the foregoing facts. He sent these papers about two years ago, but they appear to have produced no effect on tilhe laytien government in favor of Captain Pelletier WM EDEN, H WM. EDEN, Ju.
CONSULATE OF THIlE UNITED STATES OF AliRRICA, Kingston, Jamarca, Norember 30, 1SG63. I, the undersigned, consul of the United States for the port of Kingston, Jamaica, and the dependencies thereof; do hereby certify that the above.named William Eden, jr., who is personally known to me, and known to be a person
64 ANTONIO PELLEFIER.
of high respectability of character, appeared before me and subscribed tile foregoing declaration and made solemn oath that the same is true.
Given under my hand and the seal of the said consulate, the day and year above written.
[SEAL.] F. HI. RUGGLES,
United States Consul.
Mr. Setard to M1r. Hidden.
No. 46.] DPARTMEiN'T OF ST'rAr,
1Taskington, June 9, 1864. Sin: I enclose a copy of a letter addressed to me yesterday by Captain Pelletier relating to documents of an important character which he expected to findl here, but which have never been received.
lie has shown me a letter from your clerk, D. M. Lewis, dated 30th De1)cember last, which states that the papers referred to had been forwarded from your office to the department. They may, possibly, have gone astray; and yet your series of despatches is regular and uninterrupted. I have to request that you will, as soon as possible, forward the papers referred to, either in original or copy. Captain P elletier being now here engaged in a preparation of iis menmoriial, it is desirable that all the available evidence should be before the departieit.
I :uan, Sir, your obedient servant,
WILLIAM Ii. SEWAlIl).
1. l". W ni n y.:\, Es I., 4-". 4", ,*c.
fr. 1Pel/lctier to M1r. Scu'ard.
PlRovI)IE.N I IOS''A I lWashin.gton, .ulqy 16, 1861. SIn: I beg leave to present herewithA.-P rinted memorial.
B.-Cerlificate of naturalization.
(C.-Affidavit of (Captain Matthew Stubbs.
D.-Atlidavit of Robert Th'lomson.
E.-Affidavits of John Yates and F. IH. Thomson.
F.-Letter from Mr. Linsetant Pradino to A. Folsom, United States comminercial agent at Cape Haytien.
G.-Letter from Joseph M. Lewis, former United States commercial agent at Port-au-Prince, to WV. W. Wilson.
II.-Affidavit of William W. Wilson.
I.-Affidavit of G. H. Mercer.
K-1, 2, 3, 4, 5, 6, 7.-Affidavits of L. W. Tenelli, Joseph MeMurray, A. Wellington Hart, A. F. Fararger, Jesse H. Pomeroy, II. King, and Marcus Ball, as to character.
L.-Alflidavit of Joseph N. Lewis.
M .-Certitled copy of the act of condemnation.
N.-Piece of broken copper pintal.*
These, with the other proofs in my case, are submitted for tile information of the department, with the'hope that they will be found satisfactory, though other and additional iaflidavits can, as stated in tihe memorial, be furnished, :ind will be if required.
I am, very respectfully, your obedient servant.
ANTONIO PELLETIEll. Hon. WILLIAM H. SEwARD,
Secretary of State.
*The piece of broken copper pintal is at the Department of Stalo.
ANTONIO PELLETIER. 65
MEMORIAL OF ANTONIO PELLETIER.
To the lion. William H. Seward, Secretary of Statc:
The memorial of Antonio Pelletier, an American citizen, a native of France, duly naturalized in the United States, respectfully represents: That your memorialist has suffered grievous wrongs from the government of the republic of Hayti, countenanced and aided by G. E. Hubbard, commercial agent of the United States at Cape Haytien, in said republic, during the year 1861, the said wrongs consisting of a protracted and oppressive impnsonment, an consequent injury to health and constitution, a pretended conviction of infamous crimes, in disregard of law and without evidence, and spoliation of property to a large amount.
The undersigned will proceed to narrate the particulars of' said wrongs, and the circumstances leading to and connected therewith.
In August or September, 1860, I purchased, through the agency of a Mr. Packer, at a public sale by the United States marshal at Key West, under authority of the United States court, a condemned slaver, known as the bark William, a vessel of about 400 tons, said Packer bidding off the said vessel and taking the title to her from the marshal, under instructions from me, and then conveying her to me. The price paid to the marshal for the said vessel was, as nearly as I recollect, something over $10,000. After the purchase some person, supposed to have been employed by Vidal, the former owner of the bark, ran away to sea in her, with the deputy marshal on board, and she wasq pursued by the United States authorities and by myself in a hired schooner, and retaken and brought back, and a large sum had to Ie paid as as lvage, which with some necessary repairs and refitting before she could leave Key West, commissions to Mr. Packer, and other incidental expenses, made thie whole bills ifor her purchase and such expenses before leaving Key West some hundreds over $16,000.
I then took the said bark to Mobile, where I miade extensive alterations and repairs on her. and transferred the title to her to Mr. E. lDelaunay, of tie tirn of Delaunay, Rice & Co., of New Orleans, cotton merchants, in which firm I was a partner, which transfer was made for thie purpose of procuring a New Orleans register, I retaining the actual ownership, and takimyF from Mr. Delaunay a full and irrevocable power of attorney to control and dispose of said vessel as I pleased. The vessel cost mie, when all her repairs and alterations were complete, about $30,000), as near as I can recollect, and she was worth at that time, accorduing to the current value of ships, full 6$35,000.
I furnished the said bark luxuriously, and put on board stores of costly wines and preserved meats of all kinds that can be kept tfor a length of time at sea; for, being at that time rich mand prosperous, I designed to visit several ports where I had formerly navigated when poor. and where I had friends who I blieved would rejoice in my prospity, and among whom I wished, at any rate, to exhibit the evidences of my success.
I provisioned the bark, aside from tlhe luxuries above-mentioned, for three months.
I purchased and put on board a full cargo of about 1200,000 feet of pitch pine lumber, stawed to my order to till a contract 1 had in New Granada, being all timber, eight inches ,ynare, and plank four inches thick. For this lumber I paid $18 a thousand, being $2 extra in account of the special quality of the lumber. I took also 36 barrels of ship bread to till an order from Mr. Jos. Ilrandou. a merchant of Carthagemna, which I delivered to him at that port, and received my pay.
I shipped a crew of forteen besides myself, including cook, steward, and clerk, and ,cluaed from Mobile for Carthagena, and saided in October or November, lto, and arrived at said port in November aforesaid.
I had on board in money 36,000 French 5.frianc pieces, $3,t0 in American gold double ,.ghs, and about $2,000 in Spanish Aimerican gold ounces and fractions of ounces. The French silver coin I took because in New Granada 5-franc pieces passed for dollars, and I meant to buy gold dust of Autioquia which would yield me a further profit of about 10 per .cent. at the United States mint.
At Carthagena I found the country in a state of revolution, which prevented the carrying int of the contract under which I had brought my cargo of lumber to that port. I consigned liy vessel and cargo to Mr. Albert Mathieuit, 'United States consul, and acted under his advice. I bought 4,000 worth of gold dust at $250) a pound, and paid for it 32,000 French .-frauc pieces. I bought $1,000 or $1,200 worth of Panama hats of fine quality, and paid in the same coin. I sold 20,000 feet of my lumber at $40 a thousand, and left 14,000 feet with Mr. Mathieut for sale, which he has since accounted for. I sold of my provisions and ,,ivate stores about $1,500 worth, and bought $800 worth of pearls. I stayed there about two weeks, and then cleared for Rio de Haceli, taking a pilot and a boy and one Binar, a colored man, a political refugee of the conservative party of New Granada, and Juan Cortez, ith his wife, cl an servant, as passengers. Said Cortez had on board, as freight, 431 hales of tobacco, 100t boxes of soap, 100 hags of corn, and a few common mattings, of out $1,t00 or $1,500 value altogether, under agreement to pay $500 for passage of himself M hunily atiid freight to Rio de liache, and engaging to etl .ct a sale if the remaminder of the ,,,r ,I biard at $40 ait thousand at that plice. 'The goods so shipped by Cortez were
II Ex. 1Do-. 200- 5
66 ANTONIO PELLETIER.
marked in a diamond [J. C.], and were represented to me by said Cortez to he his property. and I signed bills of luding to him for the same, and did not kuow or hear or suspect that any other person had any interest therein.
I sailed from Carthagena for Rio de Hache early in December. At that season of thie year strong northeasterly winds prevailon that coast during the day, and a land breeze usually blows at night from a southerly or southwesterly direction. It is therefore customary for navigators bound eastwardlyto anchor during theoday, (as strong southwesterly currents prevent the possibility of beating against the wind,) asid take advantage of the land breeze at night to make progress on the voyage. Unfortunately on the first day of my voyage I lost miy best bower anchor and chain, and could not afterwards pursue the course above described to get forward on the voyage. I was obliged to got far out northward to sea, and encountering heavy gales from the northeast for several days, and losing tie benefit of the laud breeze entirely, I got far out of miy course for Rio de Hache, and Cortez became very much frightened and apprehensive about his wife, who was in a delicate state, and insisted that I should go into the first accessitile port, and land him and his family and effects, threatening to prosecute tile for damage it anything should happen to his wife. I made strong efforts to reach Jamaica, but finally when well to windward of the island of Grand Caymians. yielding to the importunities and threats of Cortez I put into that island, where I arrived about the 17th of December. The threats made by Cortez were of resort to legal prosecution for damages if his wife suffered from being kept at sea, and were mado without violence or anger. Arriving in the evening I inunmmediatoly went with Cortez to thIe American consulate and noted my protest, consigned m vessel to Mr. Eden, acting consular agent of the United States, and procured Mr. I'den's aid to tin quarters for Cortez and famil), which we succeeded in doing, and the next morning Cortez and his family debarked, and I furnished him gratuitously from my private stores such delicacies for the use of his wife as would be grateful to her, and could not be procured on the island. I than applied to Mr. Eden, as my consiguee, to settle with Cortez, and have hint take his goods from the ship, furnishing Mr. Eden with my account against Cortoe, which he admitted to be correct, but said he had no money, and proposed to Mr. Eden to take the goods Into a vessel of his own, and pay aie my bill, and take him (Cortez) andi Wlunily and goods to Jamaica, and reimburse himself for his advance to rue, and the passage and freight, out of the proceeds of the goods. Ani arrangement to this effect was entered into, and one of Mr. Eden's schooners was brought alongside of my ship. and tho transfer of thie goods commenced, when a portion of the property was found to be damaged by sea water in the rough weather we had experienced, whereupon Mr. Eden declined to carry out thie orranigemenit, thinking all the property would not Ie snutlicient to pay ily bill. It was thouen agreed, oni the suggestion of Cortez, to sell the goods at auction, or suticient of them to pay ie and get him to Janica. Mr. Eden thereupon gave notice in the three towns on the island, and an auction was held on my bark at noon the next day. The bids were unsatisfactory to Cortez, and at his request Mr. Eden purchased in all the goods for him. Cortez then besought me to buy the goods, offering ime thie whole for 81,000, which I finally agreed to ive, to get the business closed, thoptigh it was more than I thought tihe goods ten worth Mr. Eden, acting for ime, paid Cortez, after satisfying lily bill of Ot. in tve.franc pieces which I furnished from on board, adding enough to inlake then equalt to Spanish dollars. Cortez made an affidavit before the consular agent that he was the sole owner of the goods, gave me a regular bill of sale, and cancelled thie bills of lading I had signed, before the said consular agent, who gave me a certificate of the whole transaction utinder his official seal. I took these precautions because of having been driven from my regular destination, and being obliged to make this settlement at another port. I extended my protest at the consulate in thie presence of Cortez, which was signed by myself and thie otficers and some of the crew of the bark, a certified copy whereof is nowv in the hands of Mr. Whidden. All the papers connected with these transactions wore interpreted by a sworn interpreter to Cortes in the Spanish language, an affidavit whereof is also in thie hands of Mr. Whidden. I then sold to Mr. Eden the corn and soap bought of Cortez, the corn at 75 cents a bag, and the soap at $1 a box, making $175, which property was shipped by Mr. Eden on the same schooner on which he took Cortez astil family to Jamaica. I purchased an anchor and chain of Mr. Eden and some provisions, sheep, turtles, and vegetables. I then cleared ln vessel regularly for Port-an-Prince, in Hayti.
he last evening spent at Grand Caymans was spent by ine in the company of Cortez and his wile, and several magistrates and respectable persons of thie island, at the house of bMr. Eden, where we had supper together, and took leave and parted in a friendly manner. A portion of my crew were rowdies and highbinders, such as are in general only to be fonird in southern seaports, furnished to me by a shipping master at New Orleans, who forwarded them to me by staniboat at Mobile, without rny knowing anything of their character, and it being at the time of my clearing my vessel, thie 24th of December, they wished to spend Christmuas at Grand Caymans, and hiav a spIree, which I, having learned their character. and knowing that they would be disorderly, and perhaps violent, determined they should not do. So after supper I went on board and ordered them to make sail, which finding them slow to perform, I procured a number of hands from the port to get liy vessel tinder way, and sailed on my voyage at the end of the evening of December 24.
I had on my vessel a wontal and a sailor who were very ill, and in great want of medical
ANTONIO PELLETIER. 67
aid, and as my course brought me near Cienfuegos, in Cuba, just as the said sailor was prostrated with a severe attack of hemorrhage of the lungs, I put into that port and lay in the lower bay for several days, and received a physician on board, who rendered snelh relief to the sick persons as was practicable. I was put in quarantine for three days, after which I called and reported my ship at the United States consulate according to law. My whole delay there was six days, doing no business hut to procure medical aid as aforesaid, and I then proceeded on my voyage and arrived at Port-au-Prince some time past the middle of January, 1861.
I at once called on Mr. Lewis, commercial agent of the United States, deposited my papers in his office, and by his advice consigned my vessel to Messrs. Mary and Hasmouth, minerchants. Being uhwell I took lodgings on shore at a hotel. The day after my arrival my consignes, as soon as the regular entry at the custom-house was made, sold the powder I had on board, two kegs, to the government, and it was forthwith landed. They then sold the tobacco, which was also debarked. I also sold eight pistol revolvers, Colt's patent, niall that were on board except four, to Mr. Figaro, hotel-keeper, and delivered them to him. They then sold the lumber to the son-in-law of President Ocffrard for the government, as I understood, and the unloading thereof was commenced. Before this I had put the sailor who was sick at Cienfueges, Charles Devoe, on shore, to be doctored, but he shortly afterwards died. While the debarkation of the lumber was proceeding, which was a slow ijrocess, as i. had to he done by rafting the lumber ashore, as soon as it was low enough in the hold to give access to the bulkhead separating the hold from the run or store-roomn, where my private stores were placed, sonime of the disorderly men of my crew, in the night, cut through the bulkhead and stole liquor and got intoxicated, and destroyed a large quantity of costly wines and stores, and became violent, and threatened the lives of my mate and the custom-house officer who was on board, which latter, with Binar, the refugee passenger, who was still on board, fled from thile ship for safety. The mate shut himself in his state-room. The disorderly sailors then began to saw into the cabin for the purpose of robbing me of the treasure on board, and got in a ight among themselves, in which one was severely wounded with a knife. In the morning the mate escaped and came on shore and gave me information of thse proceedings, whereupon I applied to Mr. Lewis, who procured force from the authorities and arrested five of the sailors who were known to be active in the stealing and mutiny, and lodged them in prison.
In the evening Binar came to me, as I was sick in ibed, and said he wished to get back to the Spanish mamin, and asked me for money to pay his passage. I told hil I did not feel under any obligation to give him any money or further help; that I had done a good deal for him on account of his family; paid a portion of his debts in Carthagena; and brought him out of the country, where he was in danger, without charge: and besides, that his conduct had not been satisfactory, as hlie had been gossiping and contracting intimacy with the sailors, who had proved a bad set of men. Ih, said there were some whom I protected that were worse than he, and if I did not give them money would help themselves. He said Castay, my clerk, had extracted gold dust from some of my packages, by making a small hole in the corner of each, through which hlie could shake out the dust. I indignantly tohl him that I did not thank himn for such information: that I had full confidence in die integrltv of the young man Catay, and did not wish him to try and play the part of a spy ; aud, as he had done so, did not wish hint to remain longer on the ship. He went away angry and threatening, and the next morning I received from him a letter stating tlmhat as I had ordered him off my vessel, I must provide for his maintenance, and demanding $100 immediately. threatening that it I did not send it hlie would make it cost me a larger sum. He demanded an imnedliate answer, saying he would not wait longer than till 1 o'clock. I showed this lottery' to Mr. Lewis and to Mesers. Delandes and Linstant, legal gentlemen with whom I was acquainted, who all advised mue to pay no attention to it.
TIhis was the beginning of my trouble with the Haytien government. Binar, the same day, as I afterward learned, accused me to the authorities of being a slaver, making many false statements as to my cargo, arms, ammunition, &e., almost all of which had already been sold to the government and to persons in their confidence, precluding the possibility of their use bymine for unlawful purpesm if I had had anysuch design, and the property had been applicable for such use. At ten 0 clock that night I was notified by my math that alarge force of armed police were on board the bark, breaking open boxes and closets, and doing wanton damage. Sick as I was I rose and repaired on board, where I found Carrie, the military commander of the place, thie attorney of the government, J. J. Lilavols, the captain of the port, and the commander of police, with a force of about thirty armed men. I asked them what they were doing there, and by what authority they were on board my vessel. They answered that they
were cting under superior odem. I asted it they lad permission from my consul. They said they had not. I then told them if they did not immediately leave my ship I should abandon her into their hands, as it was unlawful for them to be there without the written permission of my consul. 'They had collected together, as evidences of my guilty intentions, three huntmny guns, half pound of powder, some cartridges of small shot for bird hunting, and eight pairs of handcenfl, which Iliad provided to enforce discipline among the crew. These things they proposed to take away; but I forbid their removing anything, and they finally left the ship without taking them. I then instructed my mate that if they returned he should spread
68 ANTONIO PELLETIER.
the American flag over the side ladder, and notify them thereof, and forbid their coming on board. and if they persisted and boarded the ship, tramupling over his flag, he should abandon the vessel with the crew, and come to me with the men at my hotel.
About half-past 11 o'clock, Carrie returned to the bark with his posse, when my mate, following my instructions, spread the American flag over the side ladder, notified them of the same, and forbid their coming on board. Carrie, notwithstanding, led his posse up the ladder on board the bark, trampling upon and tearing the flag, saying to my mate, What do you suppose I care for the American flag I The Americans are a nation of pirates and thieves.' My mate, Thomas Collar, then collected the crew together, and came ashore with them, bringing the flag, in my two quarter boats, arriving at my hotel about midnight. I took the crew at that late hour to the house of Mr. Lewis, commercial agent, and noted my protest before him, and he afforded my crew shelter for the remainder of the night, and directed me to come back in the morning. In the morning on my call at the commercial agency, Mr. Lewis sent to the minister of foreign affairs a notification of my protest, and a letter recounting the proceedings on board the bark, and stating that I had been obliged to abandon the vessel, with a Iarge amount of property, money, and bullion on board, and that the government of Hayti would be held responsible bfor the same, and for all damages, and that the flag of the United States had been trampled under foot, and lie should demand from the government of Hayti reparation for the insult. The minister for foreign affairs answered Mr. Lewis that it was a proceeding of the police, and he knew nothing of it ; and soon after an invitation came to r. Lewis to call upon the president, which he did, taking mile and mny clerk, Castay, with him.
The President stated that tlhe proceedings on board my vessel were unknown to hin, and hlie had just learned something of the matter from tile minister for foreign atfairs, aind hlie sent for General La Motte, minister of police, who came, and the President reprimanded hinm for proceeding In such a matter without direction or consultation, saying lie was In the habit of getting lunto difficulty. He then said to me hlie hoped I would take mny vessel back, which I declined to do. The P'resident then addressed Mr. Lewis, and on General La Motto interposing some words, he cut hint short, saynlug that he, Geftrard, was the President, and ought to have been consulted, and that lie, La Mutte, wAS always getting the republic Ite trouble, and threatened to degrade hit from his position. La Motte answered that what lie had doie was iigiit, and lie would prove it so to tit, lPresident herenatfer. The President then pro. coded in his conversation with Mr. Lewis, and it was agreed between them that I should take my veessel back, and that the Presidenlt would pay the damages I had sustained, to which 1, by Mr. Lewis's advice, assnted.
After this I sent my mnate to take possession of the shlip, but l.a Motte kept soeie of his roopls on board, am'inst which Mr. Lewis remonstrated, and at last I had tee call upon th, liesident personal y, who exhibited much anuger against La Mottoe, and wrote a perueiptory order to have the troops removed, which was at last done at tihe and of four days, and I took possessilon of the bark. All these niatters having become well known among te ship. masters in port, there was a general expression of gratification among them, when I finally resumed possession of my lship, every foreign vessel in port displaying the American bag at the fore. This manifestion was highly distasteful to the Ilaytieus, who assumed that it was prompted by me, (which was not true,) and the President and Plaisance, minister of foreign afialrs, and General La Motte said to Mr. Delandes in great anger that I should some day atone for such an insult.
I then had my mate, steward, clerk, and boatswain, inkae out accounts and statements, each in his separate department, of thin damages committed on the vessel by the police inl their unauthorized visitation, which statements they moverally made and swore to before the commercial agent. These statements showed that a large portion of tihe provisions of the ship had been removed, rigging cut, sails destroyed, a new topsail set on tire, furniture of the cabin broken to pieces, the steward's pantry broken open, and all the crystal and som silver ware stolen, and much wanton i&jurycommitted, making the whole damages amount, according to the proof so made, to 6, ts. and something over. These accounts and prools w ere placed in the hands of Delandes, a lawyer, to call upon the Plesident and receive payment. The President complained to him that the amount was too large notwithstanding tie' sworn stiatementls of the particulare were exhibited to hian, anid it last gave Mr. Delandes $*2,tj0 to pay to me, which sunt he brought and offered to mle, and 1, by advice of Mr. Lewis, who had been on board and seen the devastation, declined to receive. Mr. Delandes had another interview with the President, taking a conlmuication from Mri. Lewis, in which lihe urged upon the Presidont the justice of paying niy damages, as he had promised hint, and repllresented that I would have good ground for reclamation through many government. Geneval La Motto was present, and said to the Presidenit, "Well, never mind, I will get proot enough to resist his claim." So no further payment was offered to me, and I.a Motte at once proceeded to procure affidavits by bribery from the thievish sailors I had in jail, and offered similar bribes to others of my crew, which they refused. This is shown by the depositions of Cellar, the mate, 'Thibodeaux and Brown, which are on tile in the Department of State.
The unlading of the cargo of lumber, which was yet more than half in the ship, was then proceede~dI with and finished. And here I will call attention to thle imipossibilityof discovei.'e 'ur'tIr ask it they ihatl lei- oln 'ad, while the 1h!,l was half mull ,t hi leer, I't-
A\'T)NIO PELLETIER. 69
withstanding which the Haytiens report. and make Mr. Hubbard repeat, as the very strongest proof that I was a slaver, and that I had more than one hundred such casks on board, while in in fact eight was the whole number I ever had. The secretary of foreign affairs now, in answer to Mr. Lewis's communication, to the President, sent him copies of the depositions of the five sailors in jail procured by bribery, and of Binar, on which their proceedings were originally founded, and reiterated to him the charges that I was a slaver, asserting that my papers were not regular, which they afterward made Mr. Hubbard repeat, and that I had handcuffs and water casks on board for a slaver.
Mr. Lewis replied, showing them the falsity of the charges, stating that the William had been a slaver, but that I was an innocent purchaser under a legal sale; that my papers were correct and regular, as he had ascertained by careful examination: that he had been on board and knew the allegations about the great number of water casks was false by personal inspection; that the handcuffs, eight pairs, were for the purpose of necessary restraint and discipline among the crew, and were but an ordinary provision of the kind for safety, and as they had been withdrawn from the ship he demanded that they should be delivered to him for restoration to me, which was done, and Mr. Lewis returned them to me, at the same time giving me certified copies of the depositions of Binar and the five sailors. On getting these papers I had Mr. Delandes commence a suit against Binar for his slander and libel against me, and Binar ran away. I heard from time time of efforts made by La Motte to get false testimony from my crew, and to induce them to desert. These things made me anxious to hasten my departure, and Mr. Lewis prepared my extended protest and affidavits for six of my crew, establishing the fact of bribery by La Motte of the five sailors in jail and his attempts to bribe the affliants. I shipped four bovs, all the hands I could obtain, to make up my crew, weakened by the loss of five men. My provisalons having been destroyed, in ai great measure, I purchased of Messrs. Cults and Coper two barrels of beef, two barrels of pork, a barrel of rice, and some sugar and coffee, to last mne to New Orleans. to which port I now determined to sail. I purchased and shipped about fifty tonls of logwood, and illed my empty provision barrels, almost twenty or twenty-five, with sea-water, sland placed them in the hold for ballast: settled with my consignees, took the money for my cargo, and dropped down to the lower hay, where Mr. Lewis came on board bringing my clearance for New Orleans, and all my papers, and took the signatures of myself and crew to my extended protest, and the signatures and oaths of the crew to the affidavits above mentioned.
At the beginning of my voyage I had an understanding with the house with which I was connected in New Orleans, Delaunay. Rioe &. Co., that if I found it practicable I would bring back to New Orleans a cargo of utano. In pursuanceof this intent I had some nego. tlations at Grand Cayman, of whih I have furnished proof to the Department of State, or the loading of my ship with guano, which failed by reason of my being unable to dispose of my cargo so as to make room in my hold bfor the guano. At Port-au-Prince, before my troubles with tihe authorities Ibgan. I asked one Vil Mazimiliman, who was employed in soeni, small commissions for the ship, If I could procure some fifty men and a few women to go to the islands of Navaisa nd load my vessel with guano, it I could get permission from the HayLeion government to do so? lie sid lie thought the hands could be procured, but when the difficulties with tihe, authorities came on I saw that it would be useless to attempt to get atiny permission from the government to load Fuano in their jurisdiction, and gave tip the itdea altogether, and made no further mention oft any desalre to employ hands, determining to return to New Orleans as soon as possible. Tl is all the foundation there ever was for Mr. Hubbard's charge of endeavoring to inveigle laytiens oni board with intent to kidnap them.
In the afternoon, after I had taken my clearance, the Haytien war steamer tieffrard came down and anchored near me, and there received on board, with great show and ostentatious display, several hundred armed troops: and when in the evening, on the rising of the land breease, I ailed out of port she followed te and kept near me tfor about two hundred miles, till I passed Cape St. Nicolas Mole, when she disappeared, having been near mte about four days. I do not remember the date of imy clearaIee and sailing, but I think it was the latter part of February, 1861.
On getting to sea I found that my vessel did not steer well for want of sutlcieunt ballast, and I put in to Grand Inagu a. which was near imy course, to procure ballast. I arrived there when about a week on my voyage, and reported myself at the IUnited states consunlate, D. Sargent, consul or consular agetlt, and showed him mny paers, and informed himn that I was in pursuit of stone for ballast. He advised me to go to ;an of War bay in the same island, and procured me a permit from the authorities to get sto.e there. I took a pilot and went there accordingly, one day teing occupied in getting there. I employed eight men with two canoes to break stone and put it in my ship. and we had been at work about five days, being obliged to work only when the tide was down, when a strong gale from the southwest arose, and I found my anchors dragging, and was obliged to slip my chains and get out to sea, leaving my two best anchors and taking eight laborers, negroes, and their canoes with me. After getting to sea I lay to, the gale lasting four days, anid was drifted by the current near to the southern coast of Cube. After the gale subsided it took me ten or twelve days to beat hack to Grand Inaguna to restore those laborers to their home. We entered MIan of War bay about 10 o'clock of a very dark night, and the pilot anchored ie too near the reelf. The next miorninig I paid tiff ny labornhers. aing thelmi tot the time 1
70 ANTONIO PELLETIER.
had been obliged to keep them at sea, and then tried to get under weigh to proceed on my voyage. I put out a kedge and hawser and began to haiul off the ship to get room to run unit, when my hawser parted and she drifted upon the reef broadside on, the sea making a fill breach over the vessel, where she lay pounding for eighteen hours, when at last at high tide, the land breeze arose and took her off. By this misfortune I lost my false keel, which eparaled from the hull of the bark and drifted ashore, sprung both of my topmasts, and finallyy broke the fastenings of my rudder, leaving it swinging useless by the ship's side, so that when I wat afloat the bark turned around helpless, there being no means of steering her. The beating on the rocks had also deranged my chronometers, of which I had two, rendering them useless. My only course of safety was to drift to sea. I took down my royal and fore.gallant yards to ease the disabled masts, and lashed my topmasts, and drifted at the will of winds and currents for about six or eight days, when I made a low key, but did not know where I was. I had made a hole and passed a chain through the rudder, and by tackles on each side contrived to steer the bark in an imperfect manner. I paid out a hawser astern to steady the course of the bark, but was very near striking ground, when in the evening a schooner which had been in sight some hours, seeing that I was in distress, anchored and sent a boat aboard of me. The schooner proved to be H. B. M. mail-boat Alma from the Bahamas to St. Thomas, Captain Matthew Stubbs, and Captain Stubbs and the owner of the schooner were in the boat which came aboard. From them I learned that I was on the bank of Caico, and in a very dangerous situation. A large number of wreckers about the same time canto aboard and wanted I should give up the vessel to them, representing that I could not extricate her from her danger without their aid, anid that it was dangerous for me to go anywhere for repairs in tile state I was in. I refused their aid, and purchased an aichlior and chain for l150 front Captain Stubbs, and also purchased some provisions from him, and endeavored to proceed so as to make a port in the Spanish part of St. Domingo, where I might make the necessary repairs to enable me to proceed on my voyage. I drlfled four or five days longer without making land, and when I made tlhe northern coast of St. D)omingo I estimated, by most Imperfect dead reckoning, that I was quite two degrees further eastward than I afterwards ascertained that I was. This was owing to the uncertain course of the ship, which could only steer near to the wind, and my having no other means of ascertaining my position or progress. I kept along tile coast, making as much progress to the win dward as I could for five or six days, till I thought I made the Dominican port of Porto Plata. I kept up a signal for a pilot for two days, but not getting one I ran in by directions of the Coast Pilot, an American book for the guidance of navigators, taking thie course presribed for entering Porto Platai. The pilot signal I raised was a small French flag at the had of the foremast. This is the only use I made of tinte French flag until I entered the port. Upon going into the harbor or bay I observed a red and blue flag, which I knew was not the flag of the Spanish part of the island, and began to be alarmed, lest I had made a mistake. I called 'l'hibudeaux, one of my crew who had lived In Hayti, and giving hint my glass, told him to look at the flag and tell me what it was. He said It was thie Hlaytieu flag. Astonished and alarmed at this, I called all the crew, officers and men aft, and told them we wore lit layti again, and that It it was discovered that the bark was the William they would give us trouble: therefore I uInstructed them to say that the vessel was the Guillaumne, a Fenellh vessel, and to talk only French, and those of them who could not speak French to keep silent. Having given these intstructions I kept on my couns into the harbor with the French flag at the sure and chored lily ship.
Di urng the long time driftoing, after being aground at Grand Ingua, the bark leaked considerably, and the crew were kept at work at the pumps. After corning to anchor I managed, by shifting weight aft and to larboard, to find time leak near the starboard bow, and had it stopped.
A boat came off to us with the captain of the port and several officers, and told us that we were in the port of Fort Liberty, in Hayti. I told them iy vessel was the French hark Guillaume, bound from Havana to Havre, in distress, and that I wished to procure a blacksmith to restore the fastenings of my rudder, and I caused a note to be written and sent by the same boat to General Gourgue, commanding the place, stating that I was aware the port was not open to commerce, and promising to obey the regulations proscribed ; but setting forth my distress, and asking leave to get the necessary blacksmith work and fill four casks with water, which permission was granted. I sent ashore and employed a blacksmith to make some pintles for my rudder, and also sent the four water-casks ashore to be filled. I got my rudder on the deck of the bark to fasten thie pititlesto it when I should get them made.
The next day General Gourgue and his son, and several other officers, and at party of about thirty persons, came on board and treated me kindly, and I cutertained them with refreshmnents and wine, and the general offered me a seat in a carriage with his sont, who was going to Cape Haytien that evening, if I wished to call on the French consul-saying the consul was a relation of his through his wife. I declined, sayifig that I could not leave Ity ship in her disabled condition. He then said I could at least write to my consul. Fearing that ift I refused to write it would excite suspicion, I directed my clerk to write a note o tie consul,
ANT'INIO PELLETIER. 71
stating that I would sail the next day, and would call on himn personally, which he did and delivered it to the general, not having shown the note to me.
General Gourgue, General Segur, chief of engineers of the place, who was 6f the party, nud some other officers, examined the ship, observing her disabled condition, and going into the hold, where they saw all about what cargo was on board, and its stowage.
About the third day after my arrival, in the night, Miranda, a sailor whom I had shipped at Port-au-Prince. with whom I lhad had trouble at Grand Inagna, and had flogged him, stole one of my boats and escaped to the shore. I had him pursued, but only recovered the boat which lie had left adrift. 31y mate and clerk called on the general of the place and captain of the port, and inquired for him : but they denied having seen him, although he was then in their custody or protection making a declaration against mie.
Knowing that Miranda would betray the deception I had practiced as to my identity, I gave orders to my men. who were at work at the blacksmith shop, to hurry on board with what they had, so that I could get under way, and they came with two pintles. wherewith I slung my rudder. I sent three men ashore to get my four casks of water, and they were seized and the boat pulled ashore, and they were taken before the general and questioned if the vessel was the William, Captain Pelletier, which they stated was the fact, and after two hours' detention they were returned on board, but without the water. Soon alter a letter came from the general ordering inme to come on shore with my ship's papers. I answered. stating that as I was in a port not open to commerce, in a country not recognized by the United States, where I had no official protector, it would be unlawful for me to deliver my papers to any one; that I should not risk myself ashore: that I had called the bark the tuillanme because I had suffered ininstice at Port-au-Prince, and feared a repetition of it here if I was known: that as hlie had'hegun to show hostility toward ne. by arresting my boat's crew, I should hold no further intercourse with the shore; but wished him to senoid off my water-casks and the accounts for what I might owe on ashore, and I would pay what wLas dne, and sail with the land breeze in the evening. lie answered me toward evening, decline ing to send nmy water-casks on board, forbidding nmy sailing, and saying If I did so it would be at my peril. In the mean tilnto troops were sent down to the lower fort.
About 2 o'clock a. am., a light land breeze coming down, I weighed anchor and made sail. atnd proceeded down the hay till coming nearly areast of the fort., the wind failed, and 1 drifted on the reef opposite tdie fort about half a mile off. The tide left me high and dry.
Early in the morning a letter was brought to me from Mr. Menean, French vice-consul at Cape lIaytien, who lived on a plantation near Fort ilbert6, In which he said he knew my vessel was the American bark William, Captain Pelletler, and not a French vesel, and that I nmuat come on shore immediately with my papers, or that means would be taken to bring tme ashore. The messenger who brought this letter went away without awaiting for my reply, anld none was sent. About two hours later Mr. Meneau sent another letter informing me that If I did not come on shore with my papers forthwith, force would be employed to bring me. Both letters were addressed to me as Captain Pelletier, master of the American hark William, and signed by him as French vice.-consul, with the irench consular seal. I told the man who brought the last letter to wait, but he did not, Iong away at once in his canoe. I was in the mean time taking measures to get the bark adtloat, throwing ballast overboard, when I saw five schooners coining down full of armed men. I hoisted the Amieri. can flag, but they canle on and commenced firing on the bark with muskets, the balls striking the hull and masts of th vessel. I observed in the midst of the flotilla a small boat in which was General Segur endeavoring to restrain the firing, calling to the men not to fire. Sooing this, I raised a white flag to demand a parley. They ceased liriug, and General Segur coming alongside I demanded to know why I was assailed in this way, urging that it was singular that the first salutation to a vessel in distress, lying on her beam-ends, should be with balls. He replied that his men were drunk, and had fired without orders. I asked him what all those men wanted i lie said lie had orders to bring me with the bark tup to the port. I told him I would not consent to have that drunken crowd come on board, Ebut that be was welcome to come himseif with a reasonable force of sober men whom lie could control. He selected about twenty meu with whom he came on board, and with the aid of these men in lightening the ship shite was got afloat, and we proceeded up the bay about seven or eight miles and anchored in front of the town. Being apprehensive of disorder and violence, I wrote to General Gourgue protesting against the course of the authorities and the acts of the Freneh vice-consul, and asking for art escort to protect mie in landing, and he sent Colonel Rafael with about fifty men tor that purpose. I took my ship's papers and my valuable private papers, including all the documents connected with my voyage, and with the events that hadthus far occurred, which were all in a portfolio together, and went ashore under the said guard. The moment I stepped ashore the mob sought to reach me, apparently to tear me in pieces, and the guard had much difficulty in keeping them from me, they throwing stones at me, and knocking down one soldier with a missile aimed at me. I was conducted to the Government House and there made to wait. After half an hour Menean, the French viceconsul, rushed in, intoxicated, holding two large pistols in his hands, and cried out to ime
surrender." I told him I could not surrender any more thoroughly, as I was surrounded by hundreds of armed men. He then cried, "*Search that man, search that pirate." I said it was unnecessary to ~s-arch me, throwin g a small pistol on the table: that was the only
72 ANTONIO PELLETIER.
weapon I had. Then he demanded my papers, which I told him I thought ho lead no right to do as I was an American, and in no respect under his jurisdiction. I pointed o::t among the papers id my portfolio, which he opened, my register, which he looked at, and then drew up a paper setting forth that as I was an American he had nothing further to do with me. and styling me a pirate, remitting me, my vessel and crew, to the Hayten authorities to do what tey thought proper. He wanted me to sign the paper, which I refused, when he said that although'they might use means to make me sign, it was of no importance : he would sign it himself, which-ho did. He then required me to give him an order for the French flag I bad raised at my foremast, which I did. I was then taken to jail and put in irons. The next morning Mr. Menesu came to the jail with my whole crew whom he had brought from the bark, and then called upon such as were French to declare themselves, and hIe would protect them, and he took away six of the crew as Frenchmen, and the rent, who claimed American protection, were put in irons.
I wrote to the United States commercial agent at Cape Haytlen, Mr. G. E. Hubbard. Informilng him of my situation, and appealing to him for protection. To this letter Mr. Hubbardreturned an answer plainly In the interest of the IIaytien officials, I have stated in the beginning of this memorial that the Ilaytiens were countenanced and aided by bit. Hubbard.
His answer to my appeal for protection show s in part how well founded is that statement. lie denim confidently the damage to my rudder anld false keel, when hlie was doubtless aware, and certainly would have learned if hlie had made the least inquiry, that lily rudder was onl dock while I lay at Fort Libert6, with the damage by broken plintlem plainly manifest. li, assumes that I was in fault for not entering Cnpie Ilavtlen, when hlie well knew the reasons. the III-treatment I had received at Port-an-Prince, which I submit were sulfficient, that decided ime to avoid the Ilaytlen jurisdiction it' possible. lhe asserts that I know whero I was previous to going into port, which was not true, nor was it possible with my chronometers rendered useless, and my ship incapable of steering and lelt to drift, so as to render nall reckoning unreliable. He, aserts what was not the fact, that I had need the French flag in, an unwarranted manner before entering port, and makes the extraordinary statement that this proved me to have acted as a pirate. I have never net any definitions of pirney, o description of piratical acts, which gives allny color to thi assumptionll. lie finally decline, to interfere In any way for my protection.
The authorities thou proceeded to an examllination of their prisoners, wglinning with til Frenchmen, and then proceeding with thie Americans and those clainIng American pIrotectilmi.
One of these last, named Peter, a boy of about eighteen, after answering hi several form% to thile effect that I had not been engaged nlu any piracy, objected to being further qilucstione I to the name point, saying that lie had answered filly, upon which he was submitted to tortuae Iby an Instrument called the tourniquet, by which his leg wvas lacerated and skinned fronti his knee to his ankle, and, being unable to walk, was brought back to the cell and replaced In irons, helpless and bleeding. This same boy wias afterward acquitted on trial, and set free.
At the conclusion of my examination, when they required my alsgnature, I wrote in th.* French language a protest against my seizure alid arrest and that of my crew, and the mailnor in which they proceeded with the exalunation, aud all their treatment of us, and all their acts toward me and lily ship, to which protest, at the foot of' my examination, I affixed meyv Dua"ring all these proceedingte we were subjected to insauls naitl violence from the populatc. and the soldiers, who pelted us with dirt and stones through the bars of the prison.
In about a week the French vice-consul sent for the Frenchmen of my crew to lie taken to Cape Hayten. I protested agaiitst this, as be had no right to interfere with the crew Ol an American ship, or to exerelse any control over mily men, when it was yet undecided whether my vessel would e restored to me, and he had himself formally 1'ithdrawn tron all interference with me, my vessel and crew. The men were taken to Cape Iaytvien.
Four or live week later an order came from Port-au-Prince to renove us all to Cape Ilaytion. They then took my clerk, Castay, on board the bark to make al inventory of Ie property on board. He, observing that many things were missing from on board, refused to sign the inventory as a complete list of property belonging to mte Or to tile ship, stating his reasons. They thereupon brought him back to the cell andl replaced him in irons, andi ut his head in a heavy Uwooden fastening or yoke, called a .rock, % here they kept him all
s* the evening they embarked us oiln a little stchooner of alolt ten tons, aven Iper Ioh, a but one female, ironed hands and feet, piled in thle hold in n space not more than six 1 ee:
square. They also took my tfour water casks on the ,sahie schooner. Inl this manner w, were conveyed to Cape laytien, where we arrived the tx afternoon. tn landing we et, made to walk, in our double irons, about a mile andt a haltl, to the criminal prison, %%here 1az were put in cells about six feet by five, built of stoi, iaIthed like an oven, dark, and w illout air. In the cell with me there were four lther O erson..
On the way through thile town we were again the victims of mob violence, without sn effort of our guard to protect us or restrain thile nob, Iwho ilted us with stones anti missile., so that every enie was wounded lid Ieeding %'len 1%,. arrived at thle pristol. During thi.
ANTONIO PELLETIER. 73
miserable march Mr. Hubbard passed us on horseback. and looked at us, but said nothing, although he knew we were American citizens.
The next day the British consul, Mr. William Boden, and the consul for several Germal, States, called to see me, but were not admitted. Mr. Boden called out to me through the door, saying, "Captain Pelletier, are you there I answered yes. Hle said to me, "Keep up good courage; you have friends who will look out." I asked him who he was. liH answered, "The English consul." I said to him I did not know why I was treated so: 1 was innocent. He said, We know that." I asked him if he could not see the American consul, and get him to protect me. He answered, It is of no use;: he is with them :" and then added, Keep good conrae; I will write to Port-an.Prince." This conversation was held through the closed door of the cell, as I lay chained by the feet. Mr. Boden sent me by t~oe jailor a small sum of money-twenty gourdes, about SM-which the jailer delivered to nipe.
Alfter about a week's detention in this dungeon I was again embarked, with five of my companions, my mate being left behind sick with the yellow fever, in the same little schooner, ironed as before, hands and feet, the F.'renchmen being sent by another vessel, free from irons, and sent to Port-au.Prince, where we arrived, after much snturing, at the end of eleven ih Vien we landed they marched us, still keeping our double irons on, through different
streets, about three miles, to a prison, a savage multitude of thousands surrounding us. and pelting uits and cutting us, no that we left a trail of blood.
Louis Legallin, one of my boys, on this march, being ill and weak, fell and fainted from fatigue and loss of blood; when they put a stick through his shackles, and dragged him over the pavements and rough stones in the road, so that his skull was worn through oi broken, and he was dead on arrival at the prison. Ilis Ily was thrown in the yard. and seinoe small boys were permitted to beat out his eves with sticks, fIr their amusement.
When we arrived at tlhe jail I met Geoneral La Mbotte, minister of police, and General Carrie, general t' the plaice. La MBotte said to nme: "Ahl, Pelletier, did I niot tell you I wonud vOLet have you in lily Iower? now you will see." generall C'arrie said: "Ahli, you pirate, you robber, you thief, you said I trampled on your Ilig: now you are in miy power, now vol shall feel it." With this hi' cane lip to mne, and wtIh his own hands scised ily gold watch and chain from mly pwrsonu, and, having causedI the irons to be taken from lmy wrists. made ll take off my coat and vest, so that he conulid get some costly gold buttons which I wore on lly vest, and with his own fluigers took out my gold sleev, buttons, and kept them with vest, watch, and chain.
I was then searched, aind everything they found taken fronm me: blut they overlooked a silver hbnnele watch in my auntaloons lob, which I afterwards tried to sell to procure some food, when the jailor solacd it, as his superior hadl previously seized the more valuable gold one.
The lnext tiday I was taken from liy cell, Irons taken off, aid condctt'd to the ilministri of police, where a court-martial was formed, of which Gleneral Carrie, who had robbed me, was president. They exait'mitned mIe privately, not allowing mle ally counsel Ipresent, nmid then returned me to lmy cell antid ininis '. 1'his examination related solely to occurrences lit and near Fort Liberte. They then, an I was informed, examined my crew, ont by one, iri ately, When John II. brown, a sallor of BIostonII, was called and interrogated, lie itnied niyq criin. inality in Iany plocetedinigs at Fort Liberlt, at which Lilavois, the public prosecutor. became angry, and told him that they had my head, and would drink any blood in my skull, and read to him the declaraton of Miranda, and told hin, that If he did not swear thie saw, a.i Miranda lind, they would have his head too. lie answered that he could not tell lies otiln any socount, whereupon they hurrIld him away to a dark cell, and put hlmln in double irons. several others were treated in a similar way for the same cause.
I mado a protest against all their pro'eodiligs, denying thile jurisdiction of their courts; claimiing the protection the unitd SMNates government, through their commercial agent; giving a brief account "of miy voyage, and alerting nly innocence of alny crime; also appealinglbr protection to tihe representatives of all eivilised governments, as I was suffering in Iwhalf of all white men, as witness the tortures to which I had been subjected, though convicted of no otffence, and the shameful and illegal means that had been used to try to obtain testimony against nme. A copy of this protest was sent to every tforiln consul, and it is believed to be on file in the lDepartment of Stale.
About a week aftelorwards I was brought out again before the same court.martial for a confroutation as it wIas called, being a reading of the examinations ot the several witnesses, in their presence anti min. One of the French sailors, named Picanlt, when he lish ed his examination read, in which it was stated that I had intended to give a ball on il ship and invite th princippl ersons at and about Fort Lilberte, and, when they should be asembled, carry them of forcibly and sell them into slavery, stopped thie reading, and said he had never stated any such thing. Lilavois, in an angry manner, told him he had, and pointed to the writing, and said: "lere it is." Plcault told him it had been interlined alter he had signed
the Imper; that he had never stated nor heard an Isnch thing. Lilavois then said he would bol hell as an accomplice of Pellotier, and m1w iatey ordered him to be ironed and dragged away to a cell, which was done, although being a Freuchman hlie had hitherto been tree front ,.tcl eslrailit. During the whole proceeding they used tl he same threatening and violent
74 ANTONIO PELLETIER.
means towards all the witnesses, but they failed to get any testimony against me froni any of thile crew, either American or French.
Thile govern ment then ordered a commission of five, including judges, senators, and lawyers, of whom Dauphin, president of the court of cassation, wias one, to determine whether I was amenable to their laws, and this commission decided that, being accused of being a slaver under a foreign flag, I was not amenable to the laws of Hayti, and moreover that I was in nowise amenable to such laws, as I had not committed nor attempted to commit any crime on the soil of Hayti, and ordered that I should be remitted to the United States commercial agent, to be dealt wi idi by my own government. They came to this conclusion afteran examination of all the declarations and depositions that had been made and taken against me, and in relation to the charges made against me from my first arrival in Haytl; including thile declarations of Binar, the five sailors imprisoned by me for stealing, Miranda, and my crew, who were finally taken with me. So I was four or five days afterward informed by Mr. Delandes, a lawyer of high standing, president of the chamber of representatives, and a member of the commission. He lihad been mily counsel on my first visit to Port-au-Prince, and was friendly to nme, and talked freely to me of all matters. I asked him if I would be remitted to the agent of my government, according to the decision of thile coiinmission. lie told tme not to expect anlly such thing: that the government was still inclined to press some accusation against imie, and said he had heard they intended to raise at charge of piracy out of my business with Cortez, the papers concerning which hlie was familiar with on the former occasion, having haid them translated for the purpose of prosecuting Binar for ime for libel and slander, and he laughed at thile idea of getting tip such a charge on suchi a foundation, lie proceeded to sty that hle knew they were going to send an agent or niesseoger by the next steamer to Santa Marthn, to bring Cortez to Iloyti at any cost, to try to get him as at witness against tue. lie said that St. Amnant, one of the government lawyers, and private secretary of the President, had suggested as the only means of convicting me, that I should be charged with piracy by Cortes, and the eacts shown to be connected by continuation with something I had done in Haytl; although he (Dehlandes) said this would not give them jurisdiction, unless they could show that I had hen guilty of actual assassination in Hlayti. lie further informed me that he had had ani interview with the President. along with Senator Celestln, in which the President had said that he would be the greatest enemy of his own country if lie should surrender me to the United States, for hlie know tile United States would disharge me, and that then I abould reclaim against thie republic of Hayti, and therefore I must be sacrificed to the interests of the state. I have information that President (ifl'rard made the same statement, in effect, to several other persons, among whom are the Archbishep, Lord de Cosquet, the vicar-general Father Pascal, and Mr. Linstant P'radiue, to whom hlie said I was just such a man as he wanted, and If I was inclined to be naturalized and become a Ilnytlein hlie would put mle at the head of his navy: that I was a man like himself; but ais it was I inust hi sacrificed to the public interest. Those pIersons had all called upon the President to urge u iu him the justice anid propriety of carrying out the decision of the commission, and surren during mte to the overnment of the United States.
T'ro bark William hlad now arrived at l'ort.au-Prince with lily nmate, Thomas Collar, on board, front whom I learned that after I was taken from Cape Hiaytien Mr. Hubbard caIled upon him frequently and treated him kindly, and gave him some money, but tried all means to induce him to testify falsely against mie.
Six weeks later I learned that Cortez and a mai named Caie, of whom I lihad never before heard, lihad arrived, and that Calo represented himself to be her Britannic Majesty's viceconsul at Carthagena, and that he was thle owner of the goods shipped on tuy vessel by Cortez, and that Corteas was his clerk, lie claimed to be under English protection. I do not know what depositions they inside against me, as they were never read in court on my trial, or in any other way made known to me, nor were these m,on ever examined on my trial or in my presence.
It was now in the month of August, 1(61, and they took ine from my dungeon, and front my irons, and examined me on the affair of Cortez, which had not been alluded to in my former examination. They examined the crew also touching ithe Sene affair, following the same course of threats, imprisonment and Irons, to force them to testify against mie, as on the former examination: but did not succeed in getting any testinimotV against me from any of the ,'rew. Th'ley did not proceed to have a confrontation.
On the presentation of the act of accusation Mr. Delandes, president of the Chamber of Representatives, who had hitherto acted as one of my counsel, withdrew, saying he had been warned by the government not to interest himself further in my bohall, and leaving my defence to Messrs. Linstant and Laveaux, promising to assist by his advice without being further known as one of my counsel.
Linstant and Laveaux came to see me in my dungeon to receive from me the act of ittcelsation which had been handed to me; they had been informed by Delaudes of tIe papers in relation to the transaction at Grand CaymSans, and asked me where they were 1 told them they were enclosed in a package with India-rubber covering, and sealed with the seals of General Gourgue of Fort Libertc, and the French vice-consul, Mr. Menau. Mr. Layeaux at once went to thile minister of justice, Dubois, with whom hlie found the package, and gave him notice that as it was sealed with the French consular seal lie would get the French coln-
ANTONIO PELLETIER. 75
sul-general to come and open it. He went for that purpose and returned with the chancellier of the consul-general to open the package, but Dubois refused to produce the package. The French consul-general, Levran, then sent to the minister of foreign affairs a notice to be communicated to Dubois, not to break the seal of the package without his being present to authorize it, and take a list of its contents. Mr. Laveaux also called on Mr. Lewis, the United States commercial agent, and at his instance Mr. Lewis wrote to the minister of foreign affairs informing him that the said package contained papers of vital importance to me in the new matters which they were bringing against me, and demanding that said package of papers should not pass out of the possession of the minister of justice, or be opened until I should be present, or some authorized representative, to see the papers and take what should be necessary. The minister of foreign affairs answered that hIis request should be complied with. Without regarding this promise we ascertained next day that the package had been opened, as some of the papers lhad been seen in the hands of Canio, my accuser. From that day my lawyers took every means to get the papers, but were sent from the minister of justice to tilhe government attorney, from him to the clerk of the court, from the clerk back to the minister, who said thile papers had been given to the government attorney, who wanted thorem to make up his case. Mr. Linstant then received a note from the clerk saying that the papers were with him, but hlie was forbidden by Lilavois, government prosecutor, to show them, or any of thean, to my counsel. Mr. Linstant then went to Judge loco, president of the court, and procured an order front him to the clerk to exhibit those papers instanter. On the presentation tf this order to the clerk he went into another room to get the papers, but Lilavois was there, and seised them and carried them away. The next day was the day of trial.
The next day I was taken out of my irons and brought into court with the rest of the crew. surrounded by soldiers, andi they began to draw the jury, but by advice of counsel I refused to exercise my right to select six of the jury, denying their jurisdiction. Then they chose a (tll jury themselves. My counsel then pleaded that tlhe court had not jurisdiction, which plea was sustained by the court; Judge Bioco, a negro front Congo, a good and learned man. pronouncilg judgment iniindiately in iny favor: that as I had committed nio offence in Hayti I was not subject to the jurisdiction of the country, but should be remitted to my own gov(Lrnlent for trial.
Within twenty-four hours this judgment was taken to the court of appeals, where Judge Dauphin, thie president of the court, reversing his former decision as one of the commission which decided that I was not amenable to the Haytieu laws, set aside the judgment, and ordered inme to be tried again. The three judges who had decided to release me were sent to jail, a nlew court wans formed, a new jury drawn, and I was placed on trial again. Three witnesses, the pilot I had taken from Carthagena, Lobos, one of the five sailorsl had caused to be put In jail, and a boy whom I had left at Port-au-Prince, whom I had named as neoeslary to my defence, were seized without any charge, anid imprisoned, so that I should not be able to procure their attendance. I stated that as my defence was thus gagged I should make no attempt at defence, but denied the jurisdiction of the court, and begged my counsel to withdraw. The government prosecutor then proposed to assign counsel for muy deenco. My counsel, who were still present, said that they were there to defend me, but if I did not wishl their services why should comsel be assigned me I The chief judge said if I did not choose to be defended I must stiffer the consequences. It was then suggested to time by Linstant to Have Brown demand my counsel to defend him and Collar, and they could present nill the points in my favor in delenlding them. This was done, and the trial proceeded.
My steward, who was produced as a witness, for swearing in court that I had not been guilty of any wrong toward Cortes, waits dragged to jail, and the French consul general had to interfere to Cet blin released, and when they wanted to bring him into court again he would not permt it. Mr. Laveaux, for alluding to the extraord itlary means resorted to to produce a conviction, and to the abstraction of may papers so that they could not be used in the defence, was hurried off frton court to jail. uIn the course of the trial Linstant ventured to allude to the abstracted papers, relferring to a document under te hand of Mr. Eden, United States consular agent. Lilavois replying, and referring to remonstrances of Mr. Lewi, which will be hereafter mentioned, denounced the Americans as pirates and thieves, descended from paupers, and none of themni better than illibusters ; and said he disregarded their protests, and that if any such paper existed, certified by Mr. Edenou he was one of the ,ame piratical nation, and had been conniving and confederating with me in amy oran.es.
Miranda was produced as a witness. and having heard that he hiad been condemned to the galleys in France for soase felony, Mr. Linstant, with intent to show that he was an incontpetent witness, asked him if he ad ever been at Toulon, when immediately the chief judge interposed and forbid Lnstanrt asking any such question, saying if he did so he should foellow where Laveaux had gone. At this Linatiant said he did not wish to go to jail, and took leave of the court and withdrew, so that thle Americans oar trial, Collar, Brmwn, and Castay, beside myself, were front this time left without defence.
On the third day the cause was submitted to the jury, who retired, Lllavois going out with them: and in a few minutes returned and announced their verdict, convicting me as principal of the crime of piracy. and Collar, Brown, and Castay as accompliQes, and acquitting all thie French sailors, including the one who had been put in irons for asserting any innocerice.
76 ANTONIO PELLETIP.R.
The court then condemned me to death, and Collar, Brown, and Castay each to five years' hard labor in chains. The sentence also condemned me to pay $1,000 to Cailo, and $3,000 to Cortez, and confiscated to the profit of the state the bark William, with all the property on board. A certified copy of the act of condemnation is filed in the Department of State.
Before the trial a Spanish fleet had arrived making hostile demonstrations against Hayti, when CaDlo and Cortes dropped their claims to British protection and claimed to be Spanish subjects; passing in a moment from the jurisdiction of the British consul to that of the Spanish consul, which last, Eecalante by name, with the commander of a Spanish frigate. appeared each day in court in the company of these new found Spanish subjects.
About the time of the first trial, havirmng heard that General Carrie was going on board the bark to bring off the valuables he might find there, Mr. Lewis protested against such proceeding, and against any one going on board, and especially any person knowing where tihe bullion and most valuable property was kept. Notwithstanding this protest, General Carrie went on board and brought away my bullion and money, amounting to about forty thousand dollars, and silver-plate, some of my wearing apparel, and other property, in all loading a wagon and two donkeys. When this was known, a few days afterward, by Linstant's direction I made a protest addressed to the minister of justice, which Collar wrote from my dictation, as I was chained and he was not. A spy was present and Informed the jailer of this protest, who took it and gave it to General Carrie, who, although it was addressed to the minister of justice, his superior, and sealed, broke it open, and w ien hlie discovered that it was In condemnation of his own acts, had ne removed from my dungeon to a smaller, more damp and miserable one, nearly under a vile privy, with short, heavy irons, where hlie kept me for two months as a punishment for complaining to the minister of justice of his robbery of me.
Immediately after miy condemnation I wrote to Mr. Eden, of Grand Caymans, informing him of mny trial and sentence, and for what I wias sentenced, and appealing to him to do something to have my sentence revoked, for he knew my Innocence, and I hoped that my counsel miglht'causo my execution to be deferred till I could hear from him. Mr. Eden answered from Kingston, Jamaica, giving the strongest assurance of my Innocence, and also sending testimonials of his own high character, to show that If I had been guilty of any crime toward Cortez he would himself have arrested ume. Ho stated that it would require about two months to procumre copies of papers from Grand Caymans, but hlie would do it as early as possible, which hlie afterward did, and the, papers were forwarded by Mr. Camp, vice-consul at Kingston, Jamaica, to Mr. Webb, who had succeeded Mr. Lewis as commercial agent at l'ort-au-Prince.
Between the first and second trials Mr. Lewis made a protest andti sent it to the minister of foreign affairs, In which hlie set forth and protested against the various acts of illegality. oppresion, and torture, while unconvicted of crime, of which I had been the victim: ; and as bribery had been employed to obtain testimony against me, and my papers abstracted so that I could not properly dolend myself, lie demanded that I, with my vessel and cargo, should be surrendered to him to be sent to the United States. A copy of this protest is on tile it the Department of State.
My counsel appealed in my behalf from the judgment, Mr. Laveaux having been set at liberty on the conclusion of the trial, notwithstanding which I was two or three days after sentence taken out to be shot, and tied to a tree, and about a dozen soldiers with muskets brought up before me, andti three times levelled their pieces at me, but after about three hours an officer approached on horseback and spoke to the commander of the guard, who untied ne and returned me to my dungeon in irons. No explanation of this proceeding was ever made to me, but it has been suggested by my counsel that it was prompted by the revenguful feeling of General Carrie, who wished to daunt ne and make ime stffler thile f'ear of innimediate death.
About five months after the trial my appeal was brought'on for a hearing, although the, law requires all appeals, when the party is deprived of his liberty, to be heard in thirty days. Among the exceptions taken by my counsel was one to the conipetenucy of the jury which condemned me, which was wholly composed of military men, who are by law excluded from juries. Mly counsel had taken and presented thirteen exceptions, on reading which the government attorney attached to the court of cassation, Andre Germain, acknowledged their justice and suftliciency, and said he was ashamed to be a Haytien and see such a case in tl' courts of the republic, and that to show his sincerity he would furnish four additional grounds on which the judgment ought to be set aside, which he did. In the discussion before the court Germain sustained the appeal, and the court seemed about to decide in my favor when a private message was brought from the President of the republic to the president of the court, Dauphin, whereupon the court terminated the discussion and retired to aI private room, whence they soon returned and immediately announced their judgment, sustaining the judgment of the criminal court in all respects except the penalty of death against me, which was to be changed to five years' imprisonment, which was ordered to be imposed bya court to be convened at Cape Haytien, without iny newt trial or the intervention of a jury, whither I was to be sent to receive such sentence and the punishment they awarded. In order to justify to themselves this decision they altered the verdict of the jury, striking out the words "'with force of arms amnd threats (l assassination." GerImain at once sail,
ANTONIO PELLETIER. 77
"Gentlemen, you will repent of such an outrageous decision; Hayti will sink if such injuustice is sustained." After the court dissolved Linstant said to Dauphin, president of the court, with whom he was on terms of familiar and intimate friendship, Thou hast committed a great blunder." To which Dauphin replied: Don't you see that we acted under the orders of the President? It is a political decision."
Some time afterward I received a note, conveyed to me secretly, warning me to be on my guard against poison; and soon after the jailer brought me a dish of soup, an attention never rendered me on any other occasion. I pushed the soup aside, saying I was too sick to eat; and a negro soldier who wais confined in the same dungeon, under sentence to be shot, took it and ate it, and in half an hour he was dead. His body swelled up like a barrel. The corpse was dragged out and nothing said about it.
During the period between my trial and the hearing of my appeal, the papers for which I lihad written to Mr. Eden were received by Mr. Webb, now the United States commercial agent. Linstant got the papers from Mr. Webb, and seeing that they fully established my innocence, prepared to prosecute Caio and Cortez for their peiuries and fraud. Those men had not as yet received the money adjudged to them; but now when they were in danger of prosecution they were immediately paid, and they, as soon as they received their money, ran away-taking horse across the country to Jacmel, to reach the British mail packet which touches there. These facts were afterward related to me on my escape from Hayti, on a Spanish steamer, by Mr. Serranno, Spanish vice-consul in charge of the consulate general, who said he himself paid them the money at the urgent instance of the President, and knew of their flight and the reason of it. Llnstaut took the papers received from Mr. Eden and showed them to the President, who said: We know PI elletier is innocent, but General La Motto has, by his folly, got us into this entanglement with him, and I should be the greatest enemy of my country if 1 should now suffer him to go free, for ,ou know he would put two or three nations against us, and it is therefore my duitty to sacrifice him."
I was for a long time sick in my dungeon, and begged of the jailer that 1 might be allowed at physician and medicines, but was constantly refused. The jailer, however, formed Mrs. Instant of mny sickness, and she went to the President, and by importunity, and shaming him, obtained permission to visit me, and brought me some remedies, and procured for me the benefit of settle air; though when she would leave inme, although promising to leave the door of my dungeon open so that I could breathe, they would immediately close it. The relief afforded ine bv her mitigated my sufferings, and saved my life.
At length about the close of May, t1862, the chanoellier of the French consul general, the narquis of Forbin Janson, came to me, the dungeon being opened to him, and told me the marquis had received orders from thie French government to inquire into my case, and wished ime to state to Iimii the facts about the breaking of thIe French consular seal which had been atflixzed to my papers. lie also said the marquis had received some further order concern. ing mie from his government, and would himself call on me the next day.
T'lhe next mornimig about three o'clock my dungeon was opened, my Irons taken off, and I was brought out antd taken by a guard of' about a dozen soldiers, led by an officer on horsehack, and marched away, weak as 1 was, out of town, without giving me a word of informiation as to my destination in answer to my inquiries; nor had I any suspicion where they were taking me, till at the end of about a week we arrived at Gonaives, when I concluded I woas being taken to Cape lHaytien, which proved to be the case. I was very feeble, and when we began to ascend the mountain des Rochles, I ollen fell from inability to walk or stand. They would then beat tue with sticks to force me on, and when I was completely exhausted, they would drag tue into a hut till I regained a little strength, when they would iush me on again. In this way 1 was forced across thie mountain, and when I reached 'leasaunce, on the other side, I was wholly exhausted, andi unable to proceed further. My clothing was all gone, the skin and ilesh of my knees waits worn through to the bones, all mily toe-naIlls were torn off, and my body was one continuous sore from my shoulders downwards from beating with sticks. I iell helpless. The general of the place, less barbarous than those who had brought me there, permitted some women to bathe me, and had me placed on a litter of sticks covered with leaves, on which I was conveyed to Cape Haytien, where I arrived the same day 1 passed Pleasaunce; the whole journey having occupied more than twenty-three days, though I do not know the exact time.
I was immediately taken to a dunou My arrival in such a state of suffering caused a cuseation, and the next day Mr. Bod en, the British consul, the German consul, and Mr. Folsom, United States commercial agent, who had succeeded the infamous renegade, Hubbard, called on mie and found me ironed, notwithstanding my dreadful condition. Their indigna. lion wVas greatly excited. They remonstrated with the general of the place, and endeavored to persuade him to place me in a hospital, but hlie r refused. Hlie consented, however, to have them send mie a physician, and I was thenceforth regularly attended by Dr. Garcia, a Spanisi physician. The consuls all wrote to Port-au-Prince to the representatives of their respective governments, setting forth in indignant terms the barbarities which had been practiced upon me, and calling for their interferemnce with the President for my relief. The curate, Father Petholit, also wrote to the archbishop and vicar-general, Father Pascal, who sent back to him to relieve my necessities to the extent of eight gourdes, about 50 cents, a week.
h'lese connuilltnications to l'Port-n1u-hinee had the eft'ect to) itnduce Presidet Gef'rarud tto
78 ANTONIO PELLETIER.
send his sister, Mrs. Casting, a very kind woman, to me with 200 gourdes, about $16. She assured me that her brother, the President, was not responsible for the cruelties I had been subjected to, but that it was the fault of General Carrie. Encouraged by her kindness and her assurances in regard to General Geffrard, I afterward, when I got able, wrote to him a long letter setting forth my whole case, my innocence and my wrongs, and appealing to him for justice, but hlie never answered me.
Tihe American, British, and German consuls continued very kind and attentive to me, and often visited me and gave me money when I needed it. At one time, speaking with them of Mr. Hubbard, I asked why he had so cruelly neglected me. The German consul answered that hie was wholly identified with the Haytien interests: that he was then gone to Europe to marry a mulatto wife, the daughter of Minister Dupuy; that he had large pecuniary contracts with the government, and had no other country but Haytl.
The consuls procured Mr. Henry Baudeauf, nephew of Dupuy, to act as mycounsel when I was brouht before the court, in pursuance of the order of the court of cessation. The court read the order, and on Mr. Baudeauf rising to take exception, they stopped him and would not permit himn to speak. They then pronounced sentence upon me of five years' imprisonment at hard labor in irons, aniid asked me if I had anything to say. I answered that I had, and was about to proceed, when the judges sprang to their feet, saying, Don't speak, don't speak," and put on their hats and runsbed out of the room. Messrs. Folsom, loden, and the German consul were present. I was returned to my dungeon in irons. liandeau filed his exceptions and appealed from thile sentence. Mr. Folsom wrote to Linstant, one of my counsel at Port-au-Prince, and received a reply from him, which Is filed in thie Department of State. Mr. Folsom then told ime that as Ilayti had been recognized by the United States, and a minister appointed to reside at l'Port-au-Prince, I must await his arrival, when he would doubtless interltru in my behalf.
About November, Wl69, I heard of the arrival of Mr. Whidden, United States commis. sioner, at Port-au-Prince. I wrote to him, as did also Mr. Folsom and Mr. Hoden, In nmy behalf. Mr. Whidden answered Mr. Folsom that President Geffard was then absent on a tour, but that on his return he would have an Interview with- him and would send for tile. Accordingly In D)ecember an order came to send me to Port-aut.Prince, and I was taken out of my dungeon, relieved of my irons, tand embarked on board a schooner. The consult continued their kindness to me till my departure, and accompanied me to the wharf, and Mr. Folsom gave mie money before we separated.
I arrived at Port-au.Prli ce after a voag, of about five days, some time in December. The next day I was taken to the house of Mr. Whidden to give him an opportunity to exam. ine me, and lean the history of my treatment in Hlayti. lie took notes of my statements, and directly commenced negotiations with Dupuy for a settlement, Dupuy being anxious to bring the matter to a close. Mr. Whidden, however, soon Informed me that the case prsented two aspects-one for the public wrong by insulting the American flag, and one touching the spolation and oppresson to which I had been subjected--and that he must receive instructions from Washington before hlie could conclude any arrangement. After Mr. Whidden had received advices from Washington hlie was on the point of making an arrange. ment with Dupuy, when hlie was taken sick and obliged to leave for home on leave of absence. He sent for me and told ile the affair was in a fair train for settlement, and would be left in the hands of Mr. Henry Conard, who would doubtless bring It to a close. The Haytiens on his leaving became Indifferent as to an early settlement, and sent their papers and instructions to their minister In Washington, as I was Informed. So the matter rested, as far as any overtures for a settlement were concerned, till after Mr. Whidden's return from his visit to the United States, in l d:L
In the mean tdma Mr. Whidden, seeing my feeble state and the sickness I suffered, had procured my transfa er rom prison to a hospital, and afforded me all the rlief and comfort possible, as did also Mr. Conard. I was taken to jail once again for about a month, but not ironed, and than returned to the hospital, where I remained till my escape.
In April, 18I3, I wrote to the President of the United States, and received a reply from the Department of State in June following, assuring me that my case should receive just consideration.
About this time the appeal of my counsel, Mr. Baudeauf, from my last sentence at Cape Ilayten, which had been suffered to remain unnoticed for nine months or more, contrary to law, was brought to a heming. Mr. Whidden remonstrated against reviving this matter at so late a day, as tending to complicate and embarrass the case now under negotiation, but they disregarded hini and proceeded to affirm their judgment, and thurther decreed that I should be sent before the correctional court to have some punishment inflicted upon me for th terms in which my counsel had referred in his appeal to the decision of the court as having been in exems of their authority. They did not, however, take me before the correctional court. On this hearing, Linstant produced and offered to read the papers received from Mr. Eden, in place of these which had been abstracted, establishing my innocence, but they would not hear him, and forced him to withdraw. After the decision some of the judges called on me and apologized, saying they were obliged to render a political decision, or they would themselves be subjected to punishment, to the ruin of their families.
After Mr. Whidden's departure I was informed by a Haytlen friend that St. Amant, in ai
ANTONIO PELLETIER. 79
speech in a counsel of ministers, had referred to historical instances in Venice and Rome where the supreme authorities had resorted to assassination by poison to rid thile state of dangerous or obnoxious persons, and contended that such means were proper, and that I was n fit subject for the application of the policy. My friend warned me to be canutious against poison, and the physician of the hospital admonished mle to bar my door at night, and in all ways to guard against assassination. I made immediate representation of these matters to Mr. Conard, who came to see me, and told me not to eat anything they offered me, and gave me food from time to time, and also money.
When Mr. Whidden returned, about September 27, 186tit, he very soon called on me and told me Dnpuy was absent from the country, and General l)amier was acting as minister of foreign affairs, and that General Damier was prepared to settle my claim, and had promised him'to be magnanimous and generous towards me. Hlie anticipated an immediate close of the whole affair, and several of my friends, to whom this had been communicated, called to congratulate mie, saying I would next day be set at liberty, and restored to alitience. Twenty or more days elapsed and I became very sick--even the physician of the hospital feaed I had been poisoned. When 1 regained i little strength, General Damior having sent a note to Mr. Whidden putting an end to all hope of justice toward me. and ,aying that I had been legally condemned and must suffer according to my sentence, unless I would ask for a pardon, which In that case would he granted, and money given to mie, measures were taken for my escape.
The French consuanl general, thinking I would die, came and drew my will. wvhilch I executed, and ho gave me twenty dollars. The British consul, the Spanish consul, Mr. Whidden, Mr. Linstant, and Father Pascal, each gave me twenty dollars. Seiome of this money was conveyed to me by the physician of the hospital.
In the meoan time I received a letter from my sister in France, inforining nw that Dupimy, who was then there, had promised my family that if I would ask a parion it should hi granted, andti a large sumn ofi money given me. They, anxious for my liberty and return to life, begged tle to accept these terms.
A friend residing at Kingston, Jamaicat, being at Port-a.Il-Prinie, Called on President Geft. frard, who made to him similar propositions.
As I had never committed a crime, I could not ask a pardon from my oppressors, but pre. ferfl'ed to run away and rely upon the justice of' nmy own country.
Oi the IlIth of Novenber, I863, at 10 o'clock, p. i I sealed the wall of the hospital by the assistance of some ten shipmasters, wlnho furnished me with rope. and aid, and went tinder the escort of the same pentaomen to the French Iegation, not choosing to ge to Mr. Whidden'a, because I knew it I was aearchbd for It was there they would look for me. I ataid at the French legation about 311 hours, and then went to the firltlsh legation, where I remained about an elual period. The polled were busy and active in searching for me, but I remained secure.
On the evening of November ld, I embarked on board the Spanish steamer Monte Chrlsto, Captain Arrlaga, bound for Kingston, Jamaea. I was escorted on board by Mr. St. John, lritish minister, and the Marquis of Folhin Janson, French charge d'affalres, and ahout sixty shiptuanters and other gentlemen.
Captain Arriaga had his steam up ready to stall the moment I arrived on board, and gave mte a free panange to Kingston, where I arrived on the evening of November 16. *
I immediately called n till he Uniiited States consul, iniormnted him of my case, andi placed myself under his protection.
At Kingston I met Mr. Eden, of (irnnd Caynans, and several other respectable residents of that island who had knowledge tf my proceedings there, and nmy dealings with Cortez, and took their testimony illn th matter before the United States consul, also proof of miy efforts there to provide a cargo of guano for my return voyage. I also met Captain Stubbs, of the Alma, who had aided me in any distress on the banks of Caicos, and gOt his deposition to the facts. These depositions are all filed in the Department of State.
After getting the testimony of Mr. Eden atnd his neighbors, as they and myself were well known at Kingston, I published in a paper of the place so much at the history of my case as is connected with Urand Caymans and my dealings with Cortes, with the testimony establishing my innocence therein. 1 did this to place myself right before the community of Kingston, where my witnesses wore known, and where the Ilaytien emissaries were still endeavoritg to prejudice me In the public mind. These emissaries, one Laraque, consul of llayti, at their head, used all their exertions to prevent tilhe newspapers from publishing mi Ilalratlve.
I enomitted to mention in the proper connection that after llmy condemnation tile bark was advertised to be sold at public auction, with all my instruments and things belonging to the vessel. At the opening of thile sale a party offered a large sum of money for the whole, which was refused on the plea that it was insufficient, and the sale postponed till the next week, when it was again offered, and purchased by one Mr. Riverre, for tile sum of 4,000 goulrdes, about $480. Mr. Lewis protested against the ale of my instrFuments, as not being subject to any forfeiture.
After the sale, the yesel was immediately repaired and fitted out by Mr. Riverre. and sent
80 ANTONIO PELLETIER.
to Boston for further repairs and for a cargo of ice, in which trade she was regularly employed until lost.
The next session of the chamber of representatives strongly denounced this action of the government, whereupon the President called a force of armed troops, and suppressed the chamber and turned out the members, and ordered a new election, when his own partisans and soldiers were chosen.
Suffering all the time from illness, engendered in Haytien dungeons, and ruined in fortune, I at length applied to the United States consul for aid; sand by his assistance was enabled to leave Kingston on the 5th of May last, and arrived in the United States on the 14th of the same month. *
I write this narrative at Providence Hospital, in thle city of Washington, where I am receiving medical attendance and careful nursing from the Sisters of Charity, in the hope of w-establishing, in some measure, my broken constitution.
Having now completed my narrative, I beg leave to submit a ifew comments on some points that seen to require special attention.
The despatchof Mr. Hubbard to the Department of State, dated April 13, 1861, seems the only document that gives my case a bad aspect before the department, and that more by its coloring than its facts. Its coloring is false, and its facts are not true.
I have charged Mr. Hubbard with countenancing and aiding the Haytlens in their unlawful and barbarous treatment of me. Concerning his motives I have to say that he was anll adventurer who devoted himself to the acquisition of wealth in Ilayti. To this end lie courted the favor of the government, getting profitable contracts, and identifying himself socially with them. At the time I was seized he was under a matrimonial engagement with the daughter of Dupuy, one of the ministers of the republic, and one of imy worst eneunies, a colored woman, whom hlie afterward married. 11e had settled himself permanently as a merchant at Port-au-Prince, thriving on the favor of the government.
11ie takes pains In the beginning to throw a cloud over my voyage, as "very round aboit ian apparently Illegitimate, though it Is hard to Imagine how my wanderings in the West JIndian seas, however varied and unfortunate, could be connected with any idea of a slavetrading expedition.
He says I entered my vessel at Port-au-Prince as "coming from New Orleans," but could shw no regular clearance from that city." I did not enter my vessel as coming from New Orleans, though she was registered as belonging there, but my papers showed my voyage to have comnenced at Mobile, and Mr. Lewis, our commercial agent at Port-an-Prince, testities. that my "ship's papers were correct, and delivered to hIhn in due time."
lhe says the hark was "suspected of being a slaver, which sipiclon was substantiated by the written evidence of several of her crew arid passengers." This is wholly untrue. The suspicion was started by the declamation of Bluar, a passenger, who was trying to extort noney from mie, and supported under the influence of bribe ry, as is proved by the aitidavits of 'Thibudesux, Collar and Brown, by the live sailors whom Ilhad put in jail for stealing. But not one of these men swore to anything more than hearsay and suspicion, and the Suspicion was never substantiated by any eircumstanci or thie oath of any one.
lie says there were found twenty pairs of handcuffs on board. No such proof was ever made, and only eight pairs were ,ver on board. I It, speaks of twelve revolvers and four rifles The revolvers were sold before any suspicion was aroused, and the rles were doublebarreled hunting guns, and only three.
lie tries to inflame prejudice against ime by referring to two kegs of powder as a large amount to be on a merchant vessel, when, if ie know anything about It to authorize him to speak of it at all, he knew that the powder was on the manifest as cargo, and had been sold and debarked before the beginning of any difficulty.
lie says there were in thile hold a large number of beams, and cross bars, and plank. No such proof was ever made, no such fact ever existed. I had only mny cargo of lumber, which was sold before any trouble, and a few pieces of scantling, not exceeding half a dozen, for ordtlinary luse.,
He says there were also in the hold alarge number of water casks, reported over a hundred. No such report was ever made, no such proof was ever exhibited, or obtained, or offered: no such fiact ever existed. Eight water casks were all I ever had on board, though, as elsewhere stated, I filled some twenty or twenty-five empty provision barrels with salt water for ballast.
lie says I had a large quantity of provisions, but in fact my supply was inadequate for my ,rew, and I had to buy an additional quantity at Port-au.Prince, and again of Captain Stubbs. as is shown by his affidavit.
While detailing matters intended to criminate me, Hubbard states in positive terms as iacts. without giving his authority, such things as hlie must have learned from the Haytiens, if le did not fabricate then himself; but when hlie comes to speak of any complaint of mine lie is carefl to refer to me in such a manner as to show that lie hopes lie lhas so faIr discredited ae as to deprive my word of all weight.
So he says my handcuffs were taken away and delivered to the government, but is wholly silent as to their restoration to me. Alnd then hie speaks of the seizure of my vessel, the trampling upon the flying, and my demand for re'imnbursemeint of their dianages I had suffered,
ANTONIO PELLETIER. 81
in such terms as to convey the idea that my complaints were unfounded and my claims unworthy of attention.
Hubbard then speaks of an arrangement effected by the United States commercial agent, and says, that "after I had sold some goods which it would appear had been shipped on board the vessel on freight in Carihagena, to be delivered in Rio de Hache, and taken a few tons of logwood, I left Port-au-Prince." In this he adheres to his purpose of stating everything so as to bear an appearance unfavorable to me. In fact all that property had been sold and debarked before any trouble occurred, and wherever Hubbard learned that I had received it at Carthagena to be conveyed to Rio de Hache. lie must at thile same time have been informed of the reasons of my change of destination, and the manner in which I became the owner of the property. But it did not suit his malicious design to communicate these facts to the department.
He says mly crew was very large-not less than twenty men-of all nations, but principally runaway Frenchmen and Spaniards. If he had applied to the United States commercial agency at Port-au-Prince, certainly the proper quarter for an American official to apply to fior information of American ships and seamon resorting to that port, he would have learned that I arrived there with a crew of twelve beside myself, including clerk, steward and cook, three who did no duty as seamen; and, after losing one by death and live by ii prisonment, left with the same number, having lost something in the efficiency of my crew by shipping boys instead of able seamen, being, in fact, very light-handed for so large a vessel as the William. He would have learned that my crew were all Americans on my arrival, and all Americans and Frenolhmuneu when I loft, instead of being "of all nations, and not a Sipaniard among them. As to their being runaways, I have no knowledge, and cannot conceive how Hubbard could have acquired any I can only say that after leaving the five highbinders in jail at Port-au-Prince, liy crew, though not eficient, live of them being boys, were orderly and of good behavior, except the villain and thief Miranda.
Hlie says my real object in going to Port-an-Prince, which I endeavored to effect without success, was to engage lilty men and six women, I laytiens, for the given purpose of working a guano island. It is true that this was a part of nly object, my othr uotive being to fiid a market for my cargo. But why should IHubbard represent this object inII an Invidious light, and refer to niy failure in it as if a wicked design had beoonu baffled r Surely thile plurpose was one of legitimate colmnerce, and there Is no reason to doubt that I would have succeeded ift malice and cupidity had not combined to foment such difficulties with the Hayien government itas caused mie to abandon the enterprise.
All these minatters of false statenluts and distorted truth Hubbard trumped up within two weeks of my seolzure at Fort Liberty, showing clearly that Ihe was concerting and confederating with tile Ilaytiens to make up a case against me, anid to report the case to thile Departnient of State as, if possible, to close the doors of j ustice against me. He never applied to the United States commercial agency at Port-au-Prince, where proof existed of the lasity of most of tihe allegations against ae which hlie sanctioned with his name.
If he had come to Fort Liberty, with whatever prejudice his i mind might have been inibued and clouded, and, as was his right and duty, obtained possession of my papers, lie would have held the proofs in his own hands of my Hocenco in regard to every charge ever imsag ined against mie, and pitt it out itof thile power of nly plunderers, Lilavois, La Motte, Carrie and their associates, to carry out their nelarious schemes.
liut tihe pursuit of justice and the perfoinance of duty were not at that time thie objects of lullbard's attention, lie0 was then only solicitous to uphold the Haytions in the course they had resolved upon toward me, whether moved only by the desire to pay his coult to them, or hoping also to Iparticipate ini the plunder of my wealth, I cannot judge.
He proceeds to give a pretended account of lily appearance off the coast oil thie 25th of March, to the norliast of Cape Haytion, and my gradual approach to and final entry at Fort Liberty on tile 31st, in which hlie falsely asserts that I sometimess anchored in the small bays and inlets of the coast," and one night particularly in a small bay called Foudblauc, near the village of Caracol." adding, as a proof of some criminal desi ru, that "next morning a quantity of footprints wore found in the sand on the beach." Not one word of this is true, and It seen to have been an original and gratuitous falsehood of Hubbard's, for the llaytiens, although they pretended to have such suspicious, did not assume to have received any proot of thle tacta; and even Miranda, imy accuser, distinctly stated the contrary.
le says thit on the 29th March I saluted an American schooner with the French flag, and furnishes what he calls an affidavit of Captain I. B. Gage to uphold the statement. I do not question the good faith of Captain Gage; but it is evident that he was not called upon by Hubbard to make his statement till after he had received Iny letter of 6th April, and was trying to drum up material to controvert my statements, and, perhaps, not till April 11, the date of his answer to nme, being certainly eight, and possibly thirteen days after the alleged salute.
And Hubbard; doubtless fearing that the lapse of time might detract from the weight of Captain Gage's statement, carefully suppresses the date; and Captain Gage, perhaps distrustin the accuracy of his recollection, withholds from his statement the sanction of an oath.
Yet Hubbard speaks of this statement of Captain Gage, which he calls an affidavit.
H Ex. Doe. 260-6
82 ANTONIO PELLETIER.
although destitute of date or oath, as substantiating against me an accusation of an act which lie calls piratical.
But Captain Gage, in his description of the vessel which saluted him, clearly negatives the idea that it could have been the William; for he describes her as carrying royal yards, and being taut and shipshape, while the William did not, and could not, carry royal yards on account of the weakness of her topmasts; and no seaman would describe a vessel so disabled, and steering witd, wiih her rudder loose and unsteady, like that of the William, as taut and shipshape.
Let it be remembered, also, that this part of tile Haytion coast, and the port of Cape Haytieu, are visited by great numbers of French vessels, and it will not seem strange that Captain Gsgmes having received a French salute off the coast should be manipulated by Hubbard into a parent proof of criminal or suspicious acts by me.
And now I will speak, with entire candor, of my own actual fault. It is true that I did, in the surprise and terror of finding myself again in Haytien jurisdiction, deny my identity, and pretend to be French, and instruct my crew to carry out tihe deception. If my log-book, and the testimony of my crew, could be procured, it would be seen that I called my crew aft and stated the reason of the deception when I gave them their instructions. It is true that, b7 tile officious kindness of General Gourgue in offering to convey a letter to time French vice-consul, I was induced to attempt the continuance of the deception, by causing a note to be written to that officer, in the character of a French subject and mariner, informing him that I would sail the next day, and would call upon hini personally at Cape Ilaytien, hoping thereby to prevent his visiting the ship or port until I should be able to escape. It is true that I i, tended and endeavored to perfect and keep up this deception till I could so far repair my dana ges as to be ahle to escape out of Illytien waters.
What degree of criminality was involved in this error? Not any. It was no offence against any law; did not subet me, by any statute, or regulation of public law, to aiy punishment or forfeiture. ]lubbard calls it piracy, in which he shows liis ignorance equal to his malignity.
It was an Impnident aiid suspicious act, well calculated to arouse surmises of evil in the minds of such a people as tile Ilaytiens, especially when re-enforced by accusations of criminal inteitlons, such as were denounced a Hainst me by Miranda.
I do not complain that suspicion wUS aroused. 1 do not complain that rigid investigation was ordered. But does Investigation necessitate dungeons, chains, aiid torture ? Does suspicion justify conviction 7
I Iad I not adequate excuse for any stratagem by which I could avoid or escape the power of thu-se barbarians ? My ship had been unlawfully seized by the police at Port-au-Prince. The flag of ni country had been tramipled upon and insulted by'thlei. They had inflicted great and wanton damage upon me, and after promise of redress, it had boon withheld. Th'Lreats had been showered upon time, that any efforts to procure justice through my government should be resisted and defeated. I had been driven to abandon the prIncipal commercial object of my voyage, the procuring of a cargo of guano. Bribery had been employed to procure false testimony against tiie. I had been ostentatiously and insolently chased to sea by a public armed ship. For all these insults and wrongs I had given no provocation whatever. I could anticipate nothing but repeated acts of oppression and spoliation if I should again fall into the hands of those who had shown themselves so unscrupulous in tile abuse of power. Having, after nost strenuous efforts to avoid it, drifted upon their coast with a disabled ship, and a weak and inefficient crew, and entered a bay with a narrow entrance under a niisapprehension, thinking it was Porto Plata, from which I could not sail out again except by aid e the land breeze at night, my first and controlling thought was to make sure of iny escape. I resorted to the expedient of denying my identity, and feigning a different nationality. I speak several languages, but decided to pull for 'rench because the Freiich have unore coinnMorce, and are in greater favor oii this coast than ainy other nation, and because a part of my crew were French and talked that language, which is also the language of tile country.
Looking back, after all I have suffered, and reflecting coolly upon tile circumstances in which I was placed, I cannot reproach myself for the course I adopted. Had I been in command of a vessel belonging to other owners, I should have felt it my duty to employ every neans, short of actual Force, to rescue ship and cargo front the danger into which adverse fortune had betrayed me. I was, on the contrary, sole owner of ship and cargo; but this fact did not diminish my anxiety to escape.
My use of the French flag at the fore masthead as a Pilot signal and feigning to be French, were never charged against me as a crime, except by Hubbard, to excuse his abandonment of me to the cruelties Of my enemies. Even tile French vice-consul, Moneau, although equally with Hubbard mixed up with the Haytieu8 in his family relations, and very bitter In his hostility to me, anxiously and officiously interfered to examine and verify my papers, and to protect such of my crew as claimed to be French subjects.
It was only the Americans who were shut up in dungeons, subjected to irons and torture, and deprived of all aid and counsel, even on trial, except that afforded by enlightened and benevolent liaytiens, at the peril of imprisonment.
Hubbard makes several minor misstatements about proceedings at Fort Liberty, and then guorantly and falsely denies that I had raised the American flag at the time of my seizure.
ANTONIO PELLETIER. 83
He assumes to support this denial by a letter from Meneau, French vice-consul, who was as little able as himself to give information on the subject, not having been within eight miles of me at the time, for I was seized at the mouth of the harbor, opposite the lower fort, while Meneau never came below the town at the head of the bay, eight miles above.
The American flag was flying at the peak when I was seized.
Finally, Hubbard, without stating his authority, (for bear in mind he never saw the bark, nor me, nor any of my crew,) says that "after leaving Port-au-Prince the name of the vessel and port to which she belonged was erased from the stemn of the bark, and she bears on her hull no indication or mark of her name or nationality."
The Haytiens never had any proof of such n fact. I never heard that they pretended any such thing-and certainly no such fact ever existed.
At last Hubbard gives his opinion that 1 intended to kidnap Haytiens and sell them into slavery, lie acknowledges the incredibility of the design, but thinks I would probably have accomplished it, but for the timely discovery which baffthed me.
To show how gratuitous and absurd such an opinion is, needs only a moment's reflection.
Passing over the condition of my ship, damaged beyond the possibility of thorough repair on a coast so destitute of facilities, short of provisions, short of water, and with a crow of only four able seamen, including officers, beside myself, the rest being boys and laudsmen, let us inquire where a market could be sought for a cargo of Ilaytions, people accustomed to most of the habits of civilization, talking the French language, and possessing more or less knowledge of literature. Single instances of successfully kidnapping free persons in the midst of civilized communities, and selling then into slavery, have doubtless sometimes occurred, but the act in any such case must have been facilitated by great ignorance on the part of the victim, for even in the most benighted slaveholding portions of the United States, public opinion has always promptly rallied to the rescue of a person so wronged, when his case became known. But to carry out such a puIrpose with people like the li lytions, to the extent of a cargo, or any considerable number, would be utterly impossible. A person who should connit such a crime, with momentary success, would be hinted through Christendom, and nobody would grant himn protection.
The papers taken from me by the Ilaytions included my ship's papers with all the documents connected with her purchase and outit, documents relatin to all the business tranisacted at the various ports and places touched at on the voyage, atd a great umber of private papers relating to business I had been and was engaged in, my certifeato of naturalization, sundry deeds of real estate, and a large amount of miscellaneous correspondence and papers. These papers showed that I had been for many years and still was engaged in legitimate and respectable business, and that all my proceedings ou this voyage, especially my transactions with Cortez, had ben regular and honest.
There are various proofs that they carefully examined all these papers, and were thus thoroughly informed of my Innocence in regard to all matters which they alleged against me. Having my certificate of naturalization in their possession, and probably thinking it could not be replaced, they pretended to this government to doubt my citizenship, and suggested an inquiry Into the fact. 'Thluy found some letters from the New Orleans house with which I was connected, written alter the commencement of the voyage, referring to the return cargo I was expected to bring, and speaking of having visited several plantations and found the demand so encouraging as to justify the bringing of a full cargo, much more than we had at first Tontemiplated. These letters, because guano, tihe article to which they related, was not named in thiem, they pretended to believe referred to slaves, though they have never attempted to explain when or in what manner the West Indian seas had, or was to, become a source of supply for slaves except by the absurd notion of kidnapping Haytienis. From these papers t ey got the cluie which led them to seek the testimony of Caio and Cortez, for which purpose they sent for them, eight or nine months after the events in which Cortes was interested, to Santa Martha, where they caused them to make a protest in the British consulate. which had never before been thought of, and brought them to Port-au-Priuice, and consummated their villainy, which was rewarded by the receipt of $4,000 of my money for their fraud and perjury.
When the papers from Mr. Eden arrived, to replace those rifled from me by the Haytiens, thie government immediately paid off Cario aid Cortez, and they ran away to avoid a prosecution.
It is evident that the Haytiens desired and sought to produce my death by their cruelties, in order to escape responsibility to my government for the wrongs they had been guilty of. It is also clear that they had the same object in view in their repeated endeavors, through Mr. Whidden and others, to induce me to sue for a pardon.
It is not wonderful that they wished, by any means, to bar the door against just reclamation.
The value of the property of which they despoiled me, nearly half of which was in money and gold, was full one hundred thousand dollars.
The following is a statement of what the said property was, as nearly as I have now the means of making it:
The bark Wilhliam, with tackle, &c .......................................... $35,000
Gold dust ...................-...... ........................................ 3, 000
84 ANTONIO PELLETIER.
French five-franc pieces............................................... $3,000
American gold double eagles ................................................. 3,0(00
Spanish gold coin ................... ...................................... 2,000
Provisions and stores.............. ................................... 6,000
Pearls.................- -.............................................. 800
Panama hats .......... -............................................... 1,200
Library.............. -................................................ 500
Speaking trumpet, (a present)................................................ 500
Instruments............................. ................................... 2,000
Silver ware............................................................. 8o00
Cargo ................. ... .................................................... 4, (
W earing apparel ............ .......... .................................. 500
Watches, gld buttons, rings, &c ........................................... 500
A more full and complete statement was once made out and placed, with the proofs, in the hands of Mr. Whidden, who probably has it now in his possession.
Besides this, among the direct consequences of my imprisonment and detention, was the entire'loss of miy investment with Delaunay, Rice & Co., of New Orleans, amounting to $50,000.
Also the loss of sundry parcels of real estate, on which I had paid the greater part
of the purchase money, giving mortgages, by which the property, during my confinement, was swept from mte. Tl he purclhse money paid on such property,
which has thus been lost, amounted to.................................... $49, 0(K)
Also the sacrifice of claims in litigation, amounting to more than ............... 400, 000)
And the loms of demands and claims of (livers description, which for various reasons,
though then good, I cannot now enforce................................... 23, 000
Add to these pecuniary losses the far greater loss of near three years of the heart of my life.
Add still to this the terrible and Inhuman tortures and sufferings to which I was subjected for more tian two years in dungeons and chains.
And, finally, chief of all, the ruin of an elastic and vigorous constitution, which has borne me through many labors and vicissitudes, during a life of exceeding activity, and enabled mie, as yet, though hiurcly, to survive the hardships of my imprisonment; but is now prostrated, with little hope of recuperation.
All these things I have suffered, heing guilty of no crime.
It sometimes happens that in awarding justice between parties, although no doubt may exist no to what the rights of the contending parties are, a strong sympathy is excited for the loser in the controversy, on account of aplipUren hardship in the decision.
No such tooling can intervoue to protect the Ilayticus from their obligation to render me full justice.
They were not misled. The suspicions they might once have entertained in regard to my being a slaver, were soon disarmed, shown to be groundless, and abandoned by them.
They then trumped up) a fictitious charge of piracy, holding the proofs of my innocence in their own hands, and proceeded, in their own tingrant wrong, to liy condenation, spoliation and punishment.
Thiey tortured me before any pretended conviction, and outside of any sentence, with dungeons, Irous, stouuings, beatings, imobbings, "and starvation, in contempt of all usages of civilization, and in outrage of humanity, to a degree that would justify their condemnation in a fine of larger amount than all I cliim.
I ask of my government that reparation be demanded and enforced from the republic of Hayti for the losses and sufferings inflicted on me.
I do not wish to embarrass my government in thie midst of domestic disturbances, with a foreign controversy In my behalf, which will involve any present expenditures or sacrifices; for although I havo a right to wealth and its comforts, and ami now in actual destitution and want, I ami yet more solicitous to be recognized by the government as a meritorious claimant, free from the taint of felony with which the IBayticus have sought to brand me, than for a speedy recovery of what will be adjudged to be my just duo.
I have two young sons, American citizens by Inrth, of thie ages of nine and ten years, for whose sake I am chiefly anxious for early action, to the end that they may be brought up and educated suitably to the condition in life in which by birth and connection they belong.
I submit to the honorable Secretary of 8tate to fix the amount of damages to which I am entitled, and to prescribe the time and manner of compelling reparation.
The documentary evidence to sustain this memorial, on file in thie I)Department of State, or presented herewith, and which is believed to upholdit in every material statement, is as follows:
1. My certificate of naturalization.
2. Protest of J. N. Lewis, United States commercial agent.
3. Sundry despatches of Mr. Whidden.
4. Affidavits of Thibodeau, Collar, and Brown.
5. Affidavits of William Eden, jr., anid others, magistrates and shipmasters of Grand Caymaa.
ANTONIO PELLETIER. 85
6. Affidavit of Captain Matthew Stubbs.
7. Affidavits of Captain Thompson, and others, of Grand Caymans.
8. Affidavits of Messrs. Wilson and Mercer.
9. Affidavit of Joseph N. Lewis.
10. Affidavits of sundry persons as to character.
11 Act of condemnation, and sundry letters.
12. A piece of copper from one of the broken pintles of the rudder of the bark William.
There are many other documents in the United States legation at Port-au-Prince, which will doubtless be filed by Mr. Whidden.
Having confidence that the evidence on file is abundafit to sustain my case, I would neverthelcss suggest that friendly parties are constantly proffering further testimony, and if I could have time and means I could prove in detail all the statements of this meniorial, down to minute particulars. If therefore the honorable Secretary of State should, by possibility, doubt the sufficiency of my proofs, I respectfully beg leave to add to them, when I can min any way acquire the means to procure testimony in Hlayti.
I submit my case, involving my future prospects, and the hopes of my children, to the justice of my country.
I have the honor to subscribe myself, Mr. Secretary, very respectfuidly, your obedient serVant,
UNITED STATES OF AMERICA, S.'ATAI: oF Nt-w; YOiK, City and County of Nrw l'ork, ss:
lie it rmeminhered, that on the sixth day of October, in tile year of our lord one thousand eight hundred and sixti vy-two, Antonio Pelletier appeared in the court of conimon pleas for thile city andl county of New York, (the said court being a court of record, having common law jurisdiction, and clerk and seal,) and applied to the said court to be admitted to become a citizen of thile United States of Amoerica, pursuant to tihe direction of the act of Congress of thile United States of America, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts Iiretofore passed on that subject," passed April 14, 102; and the act entititled '"An act for the regulation of seaman on board tihe public and private vessels of the lUnited States." Ipassed March 1, 113: and the nt relative to evidence in cases of naturalization, passed March 22, I16; and thile act outItled "An act in further addition to an act to establish a uniform rule of naturalization, and to repeal the acts heretofore passed on that subject," passed May t2, 1824 ; and an act entitled "An act to amend the acts concerning naturalization, passed May 24, 18"2; and an act to amend the act entitled "'Ali act for the regulation of seatien on board the public and private vessels of the United States," passed June 26, 1848 and "Aln act to secure the rights of citizenship to children of citizentis of the United States born out of thile limits thereof,"' passed February 10, 1854. And the said applicant having thereupont produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts required; thereupon it was ordered by the said court that thile said applicant be admitted, and he waits accordingly admitted to be a citizen of the United Sntes of America.
In testimony whereof, the seal of the said court is hereto affixed this fifteenth day of June, in the eighty-seventh year of the independence of the United States.
By the court:
[SEAL.] N. JARVIS, Jr., Clerk.
1, Mathew Stubbs, do hereby solemnly declare that it the year 1861 I was commanding the schooner Alma, which wias, at that time, employed in carrying her Majesty's mail between Nassau, Turk's island, and St. Thomas, and belonged to Turk's island. Some time in Febiruary of that year, being off the Caicos banks, we saw a bark steering a dangerous course and expected every minute to see her go on the rocks, and we came to anchor in the evening, and at about 9 o'clock p. min., we (the owner of thile vessel and myself) put off fromn our schooner) in a boat for the purpose of aacertainin g if anything had happened to the bark which we had last seen in a dangerous position, and of rendering her assistance if necessary; and after rowing in the dark for some time we cante uip with her and found her at anchor in less than two fathoms of water in a most dangerous position. We found her to be the bark William, Captain Pelletier, who stated, in answer to our inquiries, that his vessel had just been on shore off the reefs of Inagua for eighteen hours; and that he had just managed to get off with the loss of his false keel, both topmasts sprung, and three of the pinties of his
86 ANTONIO PELLETIER.
rudder broken, and the loss of his starboard chain and anchor. We then went on board, and to our surprise found that the captain did not know where he was, he said, on our remarking to him the anxiety we felt in seeing the dangerous course that he was steering when we saw him, that he thought himself between Grand and Little luagua, and we informed him that lie wias on the banks of Caicos. He accounted for this error by the derangement of both of his chronometers, caused by the bumping on the rocks during the eighteen hours that he was ashore. The owner spent the night on board and I returned to her next morning. We verified by ocular demonstrations that the ship was in distress, her rudder being slung by means of a chain passed through a hole made in it and steering effected by means of tackles on both sides. Captain Pelletier thanked us for the information that we had given him, and bought of us an anchor and chain to replace the one that he had lost, and paid us for it in one package containing one pound of gold dust, and we returning one hundred dollars in American gold. lie also bought from us some provisions. We have since, to our great astonishment, heard that a few days after the vessel was seized by Hayti and confiscated, and that Captain Pelletier walas tried and condemned to death as a pirate. We therefore solemnly declare, that in his intercourse with us on the occasion referred to, he behaved in every way as a perfect gentleman, and that It would be the height of folly to believe that a vessel in the distressed state in which we saw the William, and manned by such nmere boys as her crew was mostly comprised of, could go oni such a dangerous expedition as kidnapping and piracy. I further solemnly declare that it would have been the height of inprudence if Captain Pelletier had continued his voyage without fitst repairing his danage. A H SI S.
KINGSTON, December 17, 1863.
CONIUILATE OF TIHE UNITED) STArTEs,
Kingatona, December 17, 188I.
I, the undersigned, consul of the Unlte tates for the port of Kingston, Jamaica, and the dependencies thereof, do hereby certify that the foregoing is the true and genuine slg nature of Matthew Stnbbs, a shipmaster of the Turk's island, known to me as such, and that the said Stubbs this day personally appeared before mte and subscribed the foregoing declaration and made solemn oath that the same is true.
Given under miy hand and the seal of the said consulate the day and year above written.
[EAL..1 F. 11. IRUGGLES,
United States Consul.
Robert Thomson, shlpinaster, of Grand Caymans, West IIndles, being duly sworn, declares, deposes and says, that lieo knows Captain Antonio Pellelier, formerly master and owner of the American bark William, and was at Grand Caymait In the month of December Itk), when the said Polletler was there in the said bark, said to have a cargo of lumber on board, which he was desirous to sell, so as to clear her hold for the reception of guano and this deponent knew of some negotiation between said Pelletier and Mlr. Eden, of Grand Uitymans, for the sale of said lumber, which negotiation did not result in a sale, because Mr. Eden could only pay In mahogany, which would occupy the hold of the bark in like mannor with the lumber. ROBERT TOMSON.
CONSULATE OF TH1E UNITED STATEs OF AMEtItA, Kiagston, Jamaica, April 13, 1it4.
I, the undersigned, consul of the United States for the port of Kingston aforesaid and the dependencies thereof, do hereby certify that the above named Robert Thonson this day appeared belore mte and in my presence subscribed the foregoing declaration, and umado solemn oath that the same is true.
Given under my hand and the seal of this consulate, the day and year above written.
F. H. IlUGGLES, [SEAL.]
United States Consudl.
John Yates, seaman, of Grand Caymans, West InIdies, being duly sworn, declares, deposes, and says, that he knows Captain Auntonio Pelletier, formerly master and owner of the Amierican bark William; that he was at Grand CayPians aforesaid when the said Pelletier arrived at that island in the said bark Williami in the month of December, lt)60; that hlie was onil board the said bark William on that occasion, in the said month of December, employed about getting water, provisions, and stores aboard the said bark, or otherwise preparing her for departure from the said island, and became acquainted with the cargo of the said bark
ANTONIO PELLETIER. 87
then on board ; that she had a full cargo in her hold of pitch-pine lumber, and it was stated that her deck-load of the same character had been left at Carthagena; that he was present when thile said Pelletier, during the said month of December, made anll agreement with Captain James P. Bodden, then of Grand Caymans, since deceased, by which said Bodden agreed to load the said bark with guano for the sum of $800, the said Pelletier furnishing provisions for his laborers while employed in loading said hark, and the said agreement being dependent upon the condition that said Polletier should be able to sell his cargo of lumber, so that the hold of his vessel might be ready for the reception of the guano; that hlie knew of some negotiations of the said Pelletier with Mr. Eden, of Grand Caymans, for the sale of the said lumber, which negotiation did not end in a sale because Mr. Eden could only pay in mahogany, which would have occupied the hold of the bark in like manner with the lumber, for which reason, as was stated andi seemed ap arent, said Pelletier was obliged to leave Grand Caymans with his cargo of lumber to seek another market for the same, and did accordingly clear his vessel and sail for Port-au-Prince, in layti. i his
JOHN + YATES.
FRIED. W. COOPER.
CONSULATE OF TIlE UNITED.n STATES OF AMERICA, Kingston, Jamaica, April 13, 1864.
I, the undersigned, consul of the United States for the port of Kingston aforesaid and the dependenies thereof, do hereby certify that the above named John ales this day appeared before me and in my presence subscribed the foregoing declaration, and made soluin oath that the same is true.
Given under my hand and the seal of the said consulate, thile day and year above written.
F. 11. R~U1GtLES, (SE:AL..]
United States Consul.
F. 11. Thomson, of Grand Caymans, West Indies, being duly sworn, says that hlie has heard the above affidavit of John Yates road, and knows the contents thereof, and that, of his own knowledge, he knows thile contents of said affidavit to be true.
F. H. THOMSON.
Subscribed and sworn to before me, April 16,. 1864.
F. H. RUGGLES, [SEAL.)
United States Conausal.
OFFICE OF MRI. L. PItADINEF, ADvocATE,
Port-au-l'rince, August 16, 1862.
SIR: I was not able to reply sooner to the letter which you did me the honor to address me, as well on the account of a lasting fever which prevented imeo from doing anything, as because of the Illness of my children, afl'ected by tile prevailing epidemic.
I do not lose sight of the affair of Pelletier. I ain doing all I can; hut I do not find here the readiness and good will which would aid ime to overcome all the ditfliculties. God alone could ctuse thile light of truth to pierce those biased hearts. 1ip to now all steps have failed; but let us wait. For miy part, I do not lose a single occasion to speak a word in favor of the unfortunate in whose behalf you interest yourself with so much reason.
From ithe documents emanating from tIe American consul at Grand Caymans, and which I have already transmitted to Pelletier, you will be convinced that the poor man is entirely innocent of all lie has been accused of with regard to the coasts. His opinion of this count demonstrates the fallibility of human decisions. But what is to be done There is no appeal from the decrees of the court of cassation. As to the other counts in the indictment, the zeal which I showed in the defence of Polletier will sufficiently prove to you that I do not deem them better grounded. To convict a man on his presumed intentions, when those intentions have not been manifested by any overt act, is exposing oneself to commit many a judicial blunder. Our judges have not sufficiently considered the matter.
It gives ime pleasure to learn that you interest yourself in behalf of Pelletier. He is much to be pitied.
Receive, sir, the assurances of my full consideration. LINSTANT PRADINE.
Mr. A. FOLSOM,
Commercial Agent of the United States at Cape Haytien.
88 ANTONIO PELLETIER.
CIIAR.LESTON, ILLINOIS, June 22, 1864.
FRIEND WVII.SON: Yesterday I had the pleasure of reading your kind letter of the 17th instant, and was very glad to hear from you and know that yeou still remembered ime. I have received letters from Captain Pelletier, and have given him all the information and assistance in regard to his misfortune that I could. I am glad that he is free from that horrible prison when: he has suffered so much, and hope he will get full satisfaction for all his wrongs and sntilerings. Poor fellow! I don't see how he lived so long in that dreadful place. I hope he will get full pay. If you write to him, please say I have sent him the answers to the questions, and have testified to them before the propr authority, which I hope will answer his purpose. *
Very truly yours,
J. N. LEWIS.
COMMONWEALTH OF MASACIII'SETTS, Superior Court, Suffolk, is:
I hereby certify that Lyman Maon was, atit the date of the within attestation, a justice of thile peace, within and for the said counIv, duly con issioied nid sworn: that di faith iand credit are and ought to ie given to his Atticial nets; that lihe is duly authorized to administer oaths and take ack nolwhudgmen ts, and tlihat his signature is geuliille. *
Witlnens iy Imhand and the seal of sanid court, at iioston, in said county and conionwealth, this six teeth day of June, A. 1). eighteen lt hundred and sixty-Ionr.
JOS. A. WILLIARD,
I, William W. Wilson, of Boston, Massachusetts, do declare, depose, and say, that I nm acquainted with Antonio Pelletier, formerly numaster and owner of the AmerIcan bark WVillimain, of New tOrlens; that I was at Port- anlu-Prince, lin Hayti, ill the month of May, IM; when said Pelletier was brought there from Cape IlayIeni a pristioner in Irons, and sawlv himl tMarched through the streets of l'Port-au-Prince, shackled and bleeding front the galling- of his irons, surrounded by a n nierouis and savage crowd, for a distance inuch greater thlU was necessary to reach the place where he was to e colntined ; ithe said crowd pelting him with stones and cutting himn with weapons, and hIe leaving i track of blood ot the way ; that I afterward often saw hi in I prison, tid visited him there from tite to time up to the last of April, ITS63, when I left Port.au-IPrince. At first lie was conined, still irond, in a small dark duingeon, satTffering from want of fiood, and I called on Mr. Lewis, the United States commercial agent, with whom I made nsoime arrangementIs to keep him firomn starving. It was by special favor of General La blMotte, minister of police, that 1 was permitted to vislt and relieve said Pelletler. Afterward in the latter part of the year lbi2, or beginning of ItI3, Pelletier was placed in another dungeon ofthe sane description. bout eight tet square, but the door was left open part of the time, affording him some light, and lie was relieved from irons. Here he was also nearly starved, and had to depend upon uncertain charity for most of his subalastence. When I last saw him in April, It:63, he was feeble and enaciated from hardship and exhaustion, and I thought hlie would soon die.
WILLIAM W. WILSON,
Engraer, 14 Kilby street, Boston, Mlassachdusetts. Subscribed and sworn to before me, June 16, 1864.
Justice of the Peace.
COMMO)NWEALTII OF MASSACHUSETTS, Sufolk, as JUNE It, 1864.
Then personally appeared the above-named William W. Wilson, and made oath that the foregoing certificate by him subscribed is true.
Justice of the Peace.
CITY AND COUNTY OF NEiW: YORK, as:
I, G. H. Mercer, of New York, do declare, depose and say, that I know Captain Antonio Pelletier, formerly owner and master of the bark William, of New Orleans; that I was at Port-au-Prince, in Hayti, in the month of May, 1861, when said Pelletler was brought there from Cape Haytien a prisoner.
ANTONIO PELLETIER. 89
I afterwards accompanied a Mr. Wilson, who had obtained leave from General La Motto to visit said Pelletier in prison, where we found him in ii small, dark dungeon, or cell, about eigh feet square, chained and lying on the hare floor. Wilson and myself carried food to Pelle.otier. After we handed it to him. hlie, the said Pelletier, give le his watch to sell and procure him more food, which I took for that purpose, but the jailor seized it from my hands, put it in his pocket and retained it, saying he would take charge of that.
G. H. MERCER.
Subscribed and sworn to before me, June 20, 1864.
[SEAL.] DUGLAS A. LEVIEN, Ja.,
Notary Public, New York.
STATE, COUNTY, AND CITY OF Nr.w YORK, s:
L. W. Tinelli, ait counsellor-at-law of the city of New York, being duly sworn, doth depose and say, that hlie knows Captain Antonio Pelletier, with whom he became acquainted in the year 1452 or 153l, when said Pollotler was established in shipping and commission business in the city of New York, and was at the head of the Australia clipper ship line: and that he, deponent, hadl business transactions with the said Captain Pelletter when, in 156 or 1i57, hlie was one of the managers and directors of the Maldiere Sihoe Manufacturing Company. S)eponeni further says, that, as far its lie could see or learn, said Pelletier had a very respectahlo standing in the eonunercial community, and had a good reputation as an intelligent and enterprising loan of business. 1Hi further says not.
L. W. TINELLI.
Shschrihd and sworn before me, this 14th day of June, 1864.
[SEAL. MATHIAS GOETZEL.
ST'rATE or NEw YOItRK, City and County of New York, as:
Joseplh McMurray, shillp cliandler, being duly sworn, deposes and says, that he has known A. Polleier, of the city It New York, since 185, a portion of that lime residing in the city of New York, and have htad business transactions with him, and have always found himi an upright, straightforward business man, and worthy of rwspuct.
Sworn to before me, this 16th day of June, 1864.
A. P. ROTII,
Arthur Wellington Hart, now employed In the office of the Commissioner of Internal Revenue, at Washington, being duly sworn, says, that he knows Captain Antonio Pelletier, of New York, and has known him sinc the year I 42 till 15 or I'~19, during which time he was in business inu New York as a shipping merchant in the Australian trade, and engaged in various manufacturing enterprises. And thie de ponent further says, that lie always understood Captain Pelletier to be a man of good reputation for business enterprise and integrity, and never heard anything to the contrary. Captain Pelletier was known as p man pursuing pure connercial enterprises, whether in shipping or manufactures, and this deponent cannot eliove that lie ever was engaged in any ille itiliate enterprise, as he and others, collected with the shipping trade of New York, looked upon him a a man of strict honor and commercial integrity.
A. WELLINGTON HART.
Sworn before me, this 18th Juno, 1864.
[SEAL.] CHAS. WANNALL,
Justice of the Peace.
90 ANTONIO PELLETIER.
A. F. Favarger, of Detroit, now secretary of the Pacific Railroad Committee of thile United States Senate, being duly sworn, says, that hlie knows Captain Antonio Pelletier, of New York, and knew him from the year 1850 to 1858, during which time he was engaged inI business in New York as a shipping merchant in the Australian trade, and connected with various manufacturing enterprises. And the deponent further says, that hlie always understood and regarded Captain Pelletier to be a man of enterprise and integrity in business, sustaining a good reputation, and never heard anything to the contrary.
A. F. FAVARGER.
Subscribed and sworn to before me, June 11, 1864.
[MEAL.] M. II. N. KENI)IG,
STATE OF NEW YORK, City and County of New York, ss: Jesse H. Pomroy, shipwright and caulker, No. 3:101 Front street, of the city of New York, being duily sworn, deposes and says, that hlie is a resident of the said city of New York, mand has beien for many years; that he is acquainted with A. Pellotier, of the said city, and has been since about the year 1850, and that during that time he has had frequent business transactions with hi m, and in some instances to a large amount, and that in all his intercourse with him hlie hasl invariably found him honest and faithful in all his engagements. And deponent says, that since thle year I 15o the said A. Polletior has resided in the said city of New York, and has been uniformly engaged in the shipping business, and most of tihe tilie engaged as a shi pmnaster and sailing out of the port of' New York, and to his knowledge has invariably enjoyed the confidence of hi sship-owners and commercial men generally. And deponent further says, that the said A. Pelletier has always enjoyed the reputation of ian exemplary citizen anmd an honest ma In uall his relatious with the community. And further deponent saith not. J. 11. POMROY.
Sworn to before me, this 15th day of June, 1864.
[SEAL.] GEO. PEYTON,
Notary Public, &e.
STATE OF NEW YORK, City and County of New York, so:
Henry King, druggist, being duly sworn, deposes and says, that hlie resides in the city of New York, and is acquainted with A. Pelletier of the said city, and has known him for many years past; and that during his acquaintance with him has unifornil found him to be an upright man and good citizen; and in his business transactions just andihonorable.
And deImuant says, that for many years past the said Pelletier has resided in thle city otf New York, anti has known him as engaged in the ship mg business, and for many years ougaged as a shipmaster, sailing out of the port of New lork, and enjoying the contidenice of coimuercial men and citizens generally.
And deponent further saveys, that in all the relations of life he believes A. Pelletior has uniformly had the good will and confidence of the public, and that with business men especially hlie is regarded as an honest man.
Sworn to before me this 15th day of June, 1864.
[SEAL.] GEORGE PEYTON, Aotary, kc.
STATE OF NEW YORK, Rensselaer County:
Marcus Ball,'of the city of Troy, in said county, being duly sworn, says hlie hais known Captain A. Pelletier tor many Xears; that about the years 18h5t; and 157 said Pelletier resided with his family in the city o Troy aforesaid, and was engaged in tile manufacture, with others, of boots and shoes, doing quite an extensive business, and deponent then regarded him and believed him to be a citizen of said State, and every way reputable and a loyal citizen.
Sworn before me, July 5, 1864.
F. W. ACKLEY,
Commissioner of Deeds, Troy.
ANTONIO PELLETIER. 91
Mr. Lewis to Captain Pelletier.
CIIHARLESTON, ILLINOIS, June 21, 1864.
My DEAR SIR: I was absent from home when your letter arrived, is the reason you have not heard from me before. I am very glad, indeed, to know that you have escaped from that dreadful and loathsome prison, and once more enjoying your liberty, and far from those who rejoiced in your sufferings. I have often thought of you in your captivity, and do hope that you will be fully compensated for all the wrongs that you have received. In answer to the questions that you have sent me, I will answer as far as I ami positive of the facts.
1. Your ship's papers were correct and delivered to me in due time.
2. I was told that you had some powder on board, and that the Ilaytieu government took it; do not remember much about it as to its being sold.
3. It is true that the government officers went on board at night, and some dispute arose; that you ordered the flag to be laid down at the gangway, and the police trampled upon it; which is the evidence given by your officers and crew before me, and that you was obliged to leave the ship for several days.
4.' You did go with ime to see the President of Hayti, and an explanation was made of tilhe affair, and you was restored to the command of your ship: presenting afterwards your claim for damages, which was not paid or any attention given to it.
5. I do not remember the amount that you claimed at the time, but only know that you did not receive anything for thile damage done to your ship.
6. I was told that Mr. Smith did make an offer to the men to make affidavit in his favor, but do not know the particulars.
7. I did go on board the bark William, before sailing, and took the names of some of the crAw, who had not signed protest at imy office.
8. I d(lid write to the minist er of foreign affairs regarding the ship, and stating that it was not unusual for some vessels to carry hand-cuffs in caste of ni eed.
9. While on botrd the bark William I did not see anything out of the ordinary way of all veassels to cause any suspicion on my part; the said vessel being ready for sea or another port, as I think she was in ballast.
10. After thie ship let the port of Port-au-Prince I heard no more of said vessel until I was informed that said bark William was captured off Fort Liberty, and the officers and crew were taken prisoners, and were being brought to Port-au-Prince. 1 did hear that tihe treatment to Captan Pelletier was most cruel in the extreme.
II. I am sure that the food provided by the Haytien government is not sufficient or proper to sustain life, especially for foreign prisoners, and if they were not supplied by friends, or had the means to buy food, I do believe they would starve, as the treatment to prisoners is most brutal, as I have seen myself.
12. It is true that when Captain Pelletler was taken prisoner hlie was deprived of all his ship's papers, and almost everything of value that he possessed, even his clothing, as I amn informed.
The foregoinig is a true statement of facts which transpired while I was United States
The forel~ingi resrtln ffcs hc rnpn hl United Stte
consul at Port-au-Prince, and to which I am willing to testify at any time.
Very truly yours, J.N. LEWIS,
Ez-United States Consul.
STATE OF ILLINOIS, Coles County, ss:
Personally appeared before mie Joseph N. Lewis, who first being duly sworn, deposes and says the facts set forth in the above statement of facts are true and correct, as he verily believes.
In testimony whereof, I have hereunto set my hand and affixed the official seal of the said court, at Charleston, this 21st day of June, A. D. 1864.
[SEAL.] JACOB J. BROWN, Clerk.
LIDERTY-EQUALITY-REPUBIILIC OF IIAYTI.
Extract from the minutes of the clerk of the civil court of Port-au-Prince.
In the amine of the republic :
The civil court sitting at Port-au-Prince, dulv assembled at the Palace of Justice, has rendered in its criminal attributions the following judgment:
Having considered, 1st, the ordinance directing return to this court in which is inserted,
92 ANTONIO PELLETIER.
that for the arrest of persons rendered by the chamber of council of this jurisdiction, the 25th of July of this year, against the persons named: slet, Antonio Pelletier; 2d, Thomas Collar: 3d, John Hlenry lrown; 4th, Urbain Caostaing; 5th, Picault Louis Jean Baptiste Benjamin; (ith, Millet Pierre Henry; 7th, Alexander Thibodeau; 8th, Curtois Franqois; 9th, Louis Maurice: 10th, Rogan Teves Guillaun ; 1lth, Dean Alexandre Herrant; 12th, Louis Legallin, accused of piracy; of dealings in the slave trade; of robbery by force of arms, &c., &c., either as principals or accomplices.
2. The act of accusation drawn up in accordance with the above-mentioned ordinance by citizen J. J. Lilavois, substitute of the govermneout commissioner to the court, the whole duly made known to the said accused.
3. The order of the court of cassation of the republic, which devolved the accusation on the criminal court under date of 24th instant.
4. The affirmative declaration of the jury this day finding that the accused, Antonio Pelletier, as a principal in piracy, in fraudulent taking of property in open sea and at the Grand Caymans, to the wrong and injury of Messrs Cafto and Juan Cotis, by force of arms, accompanied by violence and with threats of assassination: and of attempts at slave-trading and with piracy on the coasts of Hayti, (the sales whereof they completed at Port-au.Priuce.) Considering that In the same declaration the accused, John Henry Brown, Thomas Collar, and Urbain Caostaing, have been declared accomplices in the attempts at piracy and slavetrading on the coasts of layti.
Having heard the aforesaid accused in their measures of defence offered by themselves and by Messrs. Clavier Camille Nan and Gueguvon, of cotsl for the tree last accused.
I avin in like manner heard Mori St. Ainand, 11. Chance, and Archini, appointed for Messrs. Caflo and Cotis, civil parties in the suit, in their conclusions bearing on the claim on the one part for Mr. Antoni, Cafm for the stui ot f $5,728 28 in specie, as well for the value of the nerc handise, the interest on that value, and datnage Interst; nld on the other hand for MAr. Juan Coltis for that of 5.t000t)t piasters for damage Interests.
Having in fine heard thle citizen J. J.1. Lilavols, substitute for the government commissioner on these requisitions, reduced to writing, for the application of the pounlty attached to the case.
Considering that by the aflirtation declaration of the jury this d(lay, the accused, Antonio Pelletier, has been foited guilty of piracy, and of the frau dulent abstraction oiun the open sea anid at lie Grand Caymais of merclmaudise to the injury of bMessrs. Antonio Caoo and Juan Cotis, by force of armins, with violence and threat of ssailsinatiou.
Considering that this fact, thus declared proven, constitutes against the said Antonio Pellerier a crime provided ftor and punished u nder articles 5 and 6 of the code of criminal instruction; 3d, title 2, of the law of 8th April, 1815, on piracy, and the articles 10, 326, and 3:14 of ithe penal code.
The first thus stated:
ARTICI.E 5. Every Haytden who shall be guilty outside of the territory of Ilayti of a crime hearing against the peace of the snat, by cotuterfiiting national coins, having currency, national paper, bank bills authoI ized by law, shall, as soon as hlie shall be taken, be prosecuted, tried, and punished in IHayti according to the provisions of the Haytien laws.
The second bearingART. 6. This provision shall be extended to foreigners, who, as principals or accomplices in the like crimes, should be arrested in Hayti, or who the government shall obtain by extra. ditlon.
The third thus
AnT. 3 of title 2, first line. Every individual tried and convicted of piracy, and who shall not have committed assassination, shall be condemned to five years in irons; and in case of repetition, to ten years in like manner In irons.
The fourth thus conceived:
ART. 10. The penalty and special confiscation, whether of the corpus delicti when the property therein belongs to the guilty, whether of articles produced by the crime, or of such as have served, or which have been destined for its perpetuation, are the punishments coin. mion to criminal and correctional matters.
The fifth disposition:
Awr. 326. Robbery committed by force of arms shall be punished with death.
The sixth concluding:
ART. 324. Whoever takes fraudulently a thing whih does not belong to hiiu is guilty of robbery.
The reading whereof aloud was made by the dean.
Considering that thile accused, John Henry Brown, Thomas Collar, and Urbain Castaing, have been declared guilty of the fact of complicity in attempted piracy and slavo-e.dealing onil the coast of Hayti; considering the facts thus stated to be evident constitute against the accused, John Henry Brown, Thomas Collar, Urbain Castaing, the crime provided for and punished by article 3 of title 2 of the law of the 8th of April, 1815, and by articles 44, 2, and 20 of the penal code.
The first thus:
ART. 3, first line. Every individual accused and convicted of piracy, and who shall not
ANTONIO PELLETIER. 93
have been guilty of assassination, shall be condemned to five years in irons; and in case of repetition, to ten years likewise in irons.
'TIhe second thus conceived:
AnT. 44. The accomplices of a crime or offence shall be punished with the like penalty as the principals in said crime or offence, saving in the cases for which the law shall have otherwise provided.
The third provision:
Air. 2. That every attempt at crime which shall have been manifested by outward acts, and followed by beginning to put them into execution, if that has not been suspended, or not failed of its effect only through fortuitous circumstances, or such as were independent of the will of thile principal, is regarded as crime and shall be punished by imprisonments, the continuance of which shall be in proportion to the gravity of the case.
Tile fourth stipulating:
ARtT. 20, first linlle, in fine provides, that every individual, of the one sex or the other. who shall be condemned to the punishment of seclusion, shall beIi emloyed inll prison in labors, the product of which may be in part applied to his benefit, as shall be directed by the government.
Reading whereof having been made inll a high voice by the dean:
For all which causes and reasons, tilhe court, after deliberation thereon, condemns the firstnamed Antonio Pelletier, aged forty-three years, captain of vesse! navigating the high seas, merchant, born at Fontainebleau, (France,) residing and domiciled in New York, to the punishment of death for having conmmitted thie crime of piracy and of fraudulent taking of property on the high seas and at the Grand C aymnans by force of arms, with violence and threats of assassination; condemns himi besides to restitution of the merchandise stolen, or the value thereof, estimated at three thousand five hundred and sixty-two piasters twentynine cents specie.
2. Comndemns also thile accused, John Henry Brown, aged twenity-nine years, seaman by occupation, born ait Quimper, (France,) domiciled at Boston; naturalized Amiericnn.
3. Thomas Collar, aged thirty-five years, seaman, second mate of the bark Williamn, born at Epping, England ; naturalized American.
4. Urban Casaing, aged twenty-seven years, teacher of languages, born at Plaisaunce, (France,) domiciled at Mobile, (United States,) to five years' imprnisonmeunt; ordered they he employed in prison at hard labor, and in works whose product can be in part applied to their use, as will be regulated by tilthe government, all three being proved to be accomuiplices inll thile crime of attempted piracy, and of slave trading on the coast of Ilayti; condemns them, moreover, to costs to tile state, allowed the graflier in the sum of twenty-four (gourdes) dollars, and this note including the cost of this judgment and even on the body. And in conformity with the directions of article 10 of the above-written penal code, thile court declares confiscate to the bonetit of the state tile ship William and all her accessories; declaring also coniscation the arms, munitions, projectiles, and utensils, which were found on board or may be found there still, as things which have served and were intended to serve for thle commnlission of crime.
Determining on thile two applications for restitution and damage and interest put in by Messrs. Antonio Canuo and Juan Cotis.
Considering that tie accused, Pelletier, proven and declared guilty of fraudulent aistraction by force ofarnns, &c., of merchandise, to theo damage of Mr. Antonio Cane, and of which, in the end, hlie consummnnated the sale at 'Port-au-Prince, is not only hold to restore theo said Merchandise, but is liable to reparation of the damages which hlie has done to Mt. Calno by the abstraction of his goods, and charges of the voyage and the enterprise he Ihad undertaken for the reclaiming of his ri lhts aid interests so largely compromised by Pelletior.
Considering that in respect of Mr. Juan Cotis, by the tfact ofl having broken his confidence in him, of having deceived him, and having g abandoned hi m with his wi e and child d and servant, at a point other than at which hlie should have landed him, Pelletier did him wrongs and caused him expenses, he is bound to make them good; that on tile terms of articles 116, folio 1169, of the civil code, "any aid soever of a man which damages another is binding on himn, by whose fault it was done, to repair it."
For these reasons the court, after deliberation, condemuns the said Antonio Pelletier to pay one thousand piasters, under the title of indenmity, in favor of Mr. Antonio Cafio, and to three thousand piasters damages and interest ill fiLavor of Mr. Juani Cotis for the wrong and injury done to the latter, the whole of dean grellier, together in conformnity -with the provisions of article 36 of the penal code, and this for the reasons above set forth.
Given by us, Chefmrion Cheri, judge discharging thle functions of dean of the criminal court, Brtitus Alexander Gillot, judge; Durant Mege, putisne judge, aided by Citizen J. M. Duvet, greffier, in presence of Citizen J. J. Lilavis, substitute for government commissioner at the public academy, the thirtieth of August, one thousand eight hundred and sixty-one, and 50th independence.
All marshals are ordered by this requisition to carry this present judgment into execution at the offices of the public department, to aid tile civil courts and give strong support to all commanders and other officers of the public force, and lend a strong hand when it shall be required lawfully.
94 ANTONIO PELLETIER.
In faith whereof the minute of said judgment has been signed by the judge, the puisne judge and greffior.
B. ALEX. GILLOT.
D. M. MEGE.
J. M. DURANT, Grejier.
For the purposes intended.
Compared: J. M. DURANT, Orejier.
Mr. Pelletier to Mr. Seward.
Vashington, July 30, 1864.
SIR: Herewith I enclose, to be filed in the department, as evidence in my case
Aa.-Offcial copy of the record of my trial, conviction, and sentence in the criminal court of Port-au-Prince.
Bb.-Official copy of the record of proceedings in the court of cassation on the hearing of my appeal.
I wish to call attention to the total absence in the record of my trial, which contains the evidence in full, of any appearance of proof, by the oath of any witness, of any criminal act.
1 am, very respectfully, your obedient servant,
lon. WILLIAM I1. SWAIRD,
Secretary of State.
DKPAR'rmKNT OF STATE.
In the matter of the memorial of Antoxio Pelletier.
1. I am directed to presentA review of the jndiclal proceedings in my case, showing the gronnds upon which I claim that those proceedings were irregular or illegal under the laws of Hayti, for want of jurisdiction or other cause.
A brief recapitulation of the judicial proceedings represents preliminary examination; inquiry by commission as to Haytien jurisdiction in my case, which resulted in an order for my discharge; trial, on which I was discharged ; appeal and proceedings in court of cassation; second trial and pretended conviction and sentence; appeal and proceedings thereon, in court of cassation ; sentence at Cape Haytien, in pursuance of order of court of cassation ; appeal from said last-mentioned sentence, and proceedings on said appeal.
The irregularities and illegalities in these several proceedings are manifold.
But chief of all, and what, it would appear, ought to preclude the necessity or use of any further inquiry or discussion, is the overshadowing fact that the foundation charge upon which all their proceedings, and the whole fabric of their injustice, rest, was fictitious and false, the accusation being made and prosecuted while the Ilaytien government had in its own hands the fullest proof of my innocence. The proof's of this are ample and indisputable, and are fully before the Department of State.
I was charged with piracy committed upon Juan Cortez, in violently and forcibly taking his property from him on the high seas, or at Grand Caymans, and consummating the offence by selling the property in Hayti.
The proofs in the ease show that the Haytien government has in its posses-
ANTONIO PELLETIERL 95
sion the fullest evidence that I was innocent of the offence, and that no such offence had been committed by any one. The proofs also show in the fullest manner the entire transaction with Cortez, by which I received a transfer of his property on my ship, and that the Haytiens had full information of all the particulars thereof.
It seems absurd, as it is fruitless, to discuss the regularity and legality of judicial proceedings oil a trial for an offence known to be fictitious. It is belittling the Department of State to a commission to supervise the proceedings of a moot court. Tie bald fact stands prominent that a criminal charge was fabricated, a pretended trial enacted, and a sentence pronounced and executed, whereby I was despoiled of my property and subjected to a horrible imprisoninent.
No word of denial can be interposed to this proposition. Why, then, should I not have immediate reparation Why should not my prop erty be restored to me, and satisfaction rendered for the sufferings and injuries I have been personally subjected to ? Why should I be compelled to await the result of inquiries into the regularity or legality of judicial proceedings which are already known to have been baseless I Why should the Department of State permit itself to be trifled with, in discussing legal technicalities about a state of facts known never to have existed ?
But to comply with the direction quoted in the beginning of this paper, I irocee(d to state the exceptions taken by my counsel on the trial, which are believed to be valid:
1. Violation of the 24th article of the code of criminal instruction, and of the sacred right of defence, in which this article enacts that a copy of the verbal proceedings should state the office, and that the written declarations of the witnesses should be delivered gratuitously to the accused, or to his counsel. Now, in spite of the reiterated demands of the appellants verbally, as also by request to the chief judge of the criminal court, and by motion at the bar, the said copies were arbitrarily refused, the chief judge confining himself to an offer of said papers during the session of the court.
2. Violation of article 200, same code, and of the sacred right of defence, in which Thomas Collar and John 11. Brown, having been provided with counsel, who could not assist them, Mr. Laveaux, in the interest of the law, remarked to the court that the accused were partners in the crime, and on his motion Messrs. Clavier and Guigeron took up the case; but on the next session of the court the accused declared that they had chosen for their counsel Messrs. Lin. stunt, Radine, and IAveaux, in place and stead of the counsel which had been assigned them by the court. This choice of new counsel was equivalent to the revocation of Messrs. Clavier and Guigeron, as this new choice had been made in their presence. Messrs. Laveaux and Radino remained the only counsel for the accused. Subsequently, these last-named counsel were forced to abandon the case, and the accused, not having been provided with new counsel, the result was that they were condemned without defence.
3. Violation of article 199 and 202, of the same code, and violation of the sacred right of defence, in which the chief judge, or his substitute, in examining the aforesaid Thomas Collar, who is ignorant of the French language, and in bringing to his notice and making the admonition prescribed by the law, article 201 and 203, was not assisted by aU interpreter; consequently the aforesaid '1 homas Collar must be considered as not having received the admonition prescribed in article 203.
4. Violation of the rule of competency, and violation of the power vested in the private counsel of judges, who are only a court to examine if the indications were sufficient to send them before the criminal court, and not to declare if the facts imputed to the accused were true, which they assumed to do.
5. The government attorney having required, and the chief judge of the crim-
96 AFTONIO PELLETIER.
inal court having caused to be read several depositions of witnesses not present in court, these depositions should have been translated by the interpreter. Furthermore, the chief judge having declared the pleading closed, the summing up was made likewise, without furnishing a translation to the accused, Thomas Collar.
6. Martial law having been declared by the President of Hayti, on the 10th July of that year, the national guard were by this fact mobilized ; said martial law existing even until now in full force, it is prohibited by article 216 that a jury should be composed of military men. This jury was consequently null andvoid, as the citizens composing it were soldiers, non-commissioned officers, and officers of the mobilized national guard, and the mobilization of the national guard caused the citizens who composed the jury to case to be citizens, and they in fact were military men.
7. Violation of article 265 of the code or criminal instruction, in which tile necessary interpreter to assist tile accused Thomas Collar, who does not understand the French language, did not take the necessary oath required to make his acts valid according to said article, tile fact of being a public interpreter not dispensing with the necessity of taking it new oath in present ctsi,.
8. Violation of article 304 of tile code of criminal instruction, in which it is prohibited to mention the answers or the accused, and the contents of the depositions of witnesses not present, notwithstanding which the proceedings of the criminal court show that not only the answers of the accused, but likewise the depositions of absent witnesses, were admitted.
9. False interpretation and false application of articles 5 and 6 of tile code of criminal instruction, which are irrelevant to the matter. Pelletier and his associates were not accused of counterfeiting national money having circulation, nor of national bonds, nor of crime against the security of the state.
10. Excess of power, false interpretation, and false application of article 3 of the law of 8th April, 1815, and of article 210, 20, 44, 324. 326, of the penal code, and violation of tile rule of competence, as in effect it appears by the obeervationo of l)aunies, by which te law of lot November, 1814, was abroo gated; that the Senate of 1815 had only in view to define local piracy of the country ; that is, piracy committed by faytiens, so that any fireigner accused of piracy is, after the instruction of' his process, remitted into the hands of tile representatives of the country to which he belongs, to be there judged. There is no exception to this rule, only in case that piracy was accompanied by murder. It was so decided by the court of appeals, by its decree of 23d May, 1821. Piracy is a compound crime, composed of different facts and elements. The pretended theft with force of arms, menaces, and violence conimitted in open sea on board the William, constitute in the present case tile fact of piracy ; consequently one would not be able to detach this pretended thell with force of arms, with its circumstances, and apply to it article 326 of tile penal code, and to make piracy a simple offence, punishable by article 3, of title 2, of the law of 181.
11. Further violation of the rule of competency, abuse of power, and violation of article 5 of the law of 1815, and article 4 of the law of 19th November, 1829, in which piracy and slave traffic are governed by special laws, which prohibit postively the trial of foreigners accused of slave traffic and piracy, unaccompanied by murder; therefore in this present ease it was not necessary to know or question if Pelletier and associates were to be Selnt before another court, he not being amenable to any Haytien court, having not committed murder. Neither was it lawful to inquire what punishment was applicable to his case. The incompetence of the Haytien court is therefore radical aid absolute, and as such it should have been presented, and it was the duty of the tribunal to officially declare incompetency.
12. Abuse of power in the fact that the theft, with violence and threats, aUributed to Pelletier, a foreigner, by Cortez, another foreigner, if true, would
ANTONIO PELLETIER. 97
have been committed in the public domain of the open sea. Therefore this fact escapes the Haytien jurisdiction, and in taking cognizance of this case she has usurped a foreign jurisdiction, and committed an abuse of power susceptible of placing in danger the security of the state. It results from tlihe instruction ofl the process that the pretended attempts of piracy and slave traffic, of which Pelletier and his associates are accused, were committed at Fort Liberty; that is to say, after the departure of the William from Port-au-Prince, therefore more than five months after the pretended theft with force of arms. Thus it follows that there was not the least connection between the case that Cortez accomplished and achieved in Grand Caymans, a dependency of Great Britain, and the pretended attempts at piacy and slave traffic at Fort Liberty.
13. Excess of power, and violation of the sacred right of defence, when the judge of instruction, in causing himself to be assisted in the examination of Thomas Collar by an interpreter, did not cause the said interpreter to take the usual oath. The omission of taking the oath is equivalent to the total absence of the interpreter, and Thomas Collar appears to have been tried and condemned without having had a hearing.
Objections to the judgment officially presented by Andre Germinin govrnmeat attorney, attached to the court of appeals :
1. Violation of article 257 of the code of criminal instruction, in which the verbal process of the council of judges does not show that the jury had been notified of the character of the informer.
2. Violation of articles 269 andl 270 of the code of c imtinal instruction, in which piracy being a complex crime, the chief judge should have put the questions which constitute the crime of piracy.
3. Violation of article 2 of the penal code, in which tlhe attempt of the crime of piracy is composed of two elements, the two questions relative to these two elements should have been put to the jury.
4. And last, abuse of power of the chief judge of the criminal court, resulting from article 251 of the code of criminal instruction., where a witness, summnoned and present, was permitted to testify without taking the oath.
The following Haytien statutes are referred to by Mr. Lewis, United Staltes commercial agent, in his protest of 17th August. 1861, tiled in the Department of State, and are helieve:l to be conclusive as to the incompetency of the IInytien courts to try Pelletier and his associates for the crimes with which they were charged. .(Laws of llayti, law of 24 August, 1 SOS, vit. 1, article 5. Law of Hiayti, law of Sth April, 1815, vit. 2. article 5 )
Those statutes provide that foreigners accused of piracy and slave traffic, ii the manner in which Pelletier and associates were Ne'cused, shall be remitted to their own government for trial.
In the same protest of Mr. Lewis is set forth a violation of Haytioen laws, (article 211 of the criminal code,) which required the papers abstracted from mn,' and which were necessary to my defence. or copies thereof, to be delivered to me.
An illegal proceeding of the court of cassation, and which is claimed to invalidate their decree, is the alteration of the verdict of the jury by striking out tlhe words "by force of arms and threats of assassinationo"
The statutes of Hayti require that in ease of an appeal from a criminal seetence, when the appellant is deprived of his liberty, every business shall be put aside, and such appeal shall be decided within thirty days. yet in my case nearly two months elapsed before the decision of the first appeal, and ten months before the decision of the second.'
It is claimed by my counsel, laudeaut', in his exceptions to the sentence passed upon me at Cape IHaytien, that the court of cessation exceeded its power which extends only to reviewing Aid affirming or reversing a judgment of an inferior court) in ordering what judgment should be given against me, and this by a different court from the one which tried me, and without submitting tihe
H. Ex. Doe. 260- 7
98 ANTONIO PELLETIER.
case again to a jury, or allowing any defence before the new court to which I was sent. This objection is believed to be fatal.
The pretended conviction, irrespective of proof existing in the hands of the Hatiens that the principal charge against me was baseless, was against law and evidence, or rather without evidence, or even the pretence of evidence of guilt in any respect.
Relying, therefore, first and mainly upon the full proofs furnished of my innocence, and of the same being known to the Haytien government, confidence is also reposed in the above-named legal objections to the judicial proceedings.
2. I am directed to present in the second place, "irrespectively of jurisdiction, legality or illegality, the grounds on which I claim that the course of justice was defeated or perverted by the interference or the undue influence of the executive government of Hayti or its agents."
The following are stated as instances of the defeat or perversion of the course of justice by the direct action of the executive government of Hayti, or its agents :
1l'he irregular and unlawful visits by armed forces to the bark William in the niqht time, without judicial warrant, under the direction of the minister of police.
The wanton and insulting outrage upon the American flag, by trampling over it with a party of soldiers, headed by General Carri, on the same occasion.
The bribery by the same minister of police of the five sailors who were in jail for stealing, and the efforts to bribe others to make false affidavits against me in support of the declaration of Binar.
T he torture of the boy Peter, to force him to testify against me, or punish him for refusing so to do.
The placing my clerk, Catay, in the stocks, for refusing to sign a false inventory.
The threats to John 11. Brown and others, and putting them in double irons, to fi,rce them to testify as Miranda had.
The ironing and dragging away to a cell of Picault, for calling attention to a forgery in his examination, and denying its truth.
This course of proceeding toward all the witnesses.
The refusal to deliver me and my vessel and property to the United States commercial agent, when ordered by the commission instituted to examine and decide whether I was amenable to Haytien law for any offence charged against me, and which decided that I was not so amenable.
rhe abstraction and retention of my papers by the minister of justice and the public prosecutor, they being well apprised that said papers corftained proof of my innocence.
The boarding of my ship by General Cirrid, against the protest of Mr. Lewis, of 17th August, 1861, before the trial, and carrying off my money, bullion and plate, and other property.
Sending to Santa Martha to procure Callo and Cortez to sustain a fabricated charge, making them, so many months after the transaction to which it related, enter a false protest before the British consul at Santa Martha, while all the time they bad the evidence of the falsity of these charges in their own hands.
The enforced withdrawal of Mr. Delandos from my defence.
The imprisonment of the judges who decided to release me.
The seizure and imprisonment of witnesses without any charge, so that I could not procure their attendance.
The imprisonment of my steward for swearing that I had not been guilty of any wrong towards Cortez.
The imprisonment of Mr. Laveaux, one of my counsel, for alluding to the extraordinary means resorted to produce a conviction, and to the abstruction of my papers, so that they could not be used in the defence.
The threats to Linstant, my other counsel, for attempting to show the incompetency of Miranda, which drove him from the court and the case.
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The going out of Lilavois, the public prosecutor, with the jury.
The private message from the president of the republic to the president of the court of cassation, just as the court, under the advice of the government counsel, Andre Germain, seemed about to decide in my favor.
3. In the third place, I am directed to present a statement, "irrespective of the legality of the judicial proceedings, of what excess of severity, confiscation or cruelty, not warranted by the laws of Hayti, or the laws of nations," I was made to suffer.
The following is a brief statement, in compliance with this direction, of the cruelties inflicted upon me :
Double irons and a dungeon at Fort Liberty immediately on my seizure.
Insult and violence from the populace and soldiers, pelting with stones and dirt.
Conveyed from Fort Liberty to Cape Ilaytieu, crowded in the hold of a small schooner with six other persons, in double irons.
Marched through town in irons, stoned by the mob, lodged in close dark cell, with four other persons.
Conveyed to Port-au.Prince, a voyage of 11 (lays, in hold of small schooner, crowded in the same way, in double irons.
Marched three miles through town, by different streets, in irons, assailed and
pelted, and cut by infuriated mob.
Louis Legallin, one of the boys, murdered, by being dragged through the streets by the heels, his brains beaten out on the stones.
Insulted and robbed by General Carrie;. Attempted assassination by poison. Confined in dungeon without light or air, in irons, fastened by shackled to an iron bar.
Taken out by General Carri6's order, and tied to a tree to be shot, and soldiers with muskets paraded before me aud taking aim at me, while an appeal was pending, which, by law, stayed proceedings on the sentence, for the purpose of inflicting unnecessary and unwarranted pain and suffering.
Deprived of air, of light, of food, of communication, sick and denied remedies and medical aid.
Put in under-ground dungeon, beneath a privy, for two months, for making complaint to the minister of justice of the robberies committed by General Carrit, against the protest of Mr. Lewis.
This treatment continued with little variation as to dungeons, irons and starvation at Fort Liberty, Cape ilaytien and Port-au-Prince, for more than a year and a half, about four months of which time was before any pretended conviction or trial.
Marched, while weak and sick, from Port-au-Prince, across the country about 250 miles, and over mountains, to Cape Haytien, beaten and mangled, &journey of more than 23 days. This removal made to prevent the French minister from executing the orders of his government to take some measures in my favor.
The confiscation of my money and property to the amount of $50,000, exclusive of ship and provisions, which is not subject to confiscation for piracy, even when such crime is committed, either by the laws of llayti or the laws of nations.
Respectfully submitted. A. PELLETIER.