The Sufferings and Escape of Capt. Chas. H. Brown From an Awful Imprisonment by Chilian Convicts

by captain of the bark Florida Charles H. Brown

I then had all my sails clewed up, set the American ensign at the mizen top-mast head, and fired two four pounders, to draw the attention of the steamer. She soon bore down for us, took us in tow also, and by two o’clock in the afternoon, of February 23d, we anchored in the harbor of Valparaiso.

On my arrival, I immediately went to the United States Consul, Mr. William Duer, and through him transmitted to the Intendente of Valparaiso, commander Robert Simpson, my abandonment of the Florida. In reply I was informed by commander Simpson that he had no authority to accept the vessel, but that the subject had been referred by him to the government at Santiago.

The prisoners were landed from the Virago, and the ringleaders delivered into the hands of the law; but the treasure was transferred to the Eliza Cornish; and I learned that it was claimed by the English admiral, and surrendered to him by the Chilian government; and that it was to be sent at once to England, without being landed at all in Valparaiso.

Upon learning this, I immediately entered a protest before the American consul, Mr. Duer, against the seizure of the Florida, and claimed salvage on the treasure rescued by me from the hands of the pirates. On the 28th, Mr. Duer received a communication from commander Simpson, under the order of Don Antonio Varas, the Minister of Foreign Relations of the Chilian government, wishing to know fully the reasons on which I founded the abandonment of my vessel, in order to determine whether the government should give orders to take possession of the vessel in the name of the State. I then requested Mr. Duer to call a survey on the Florida, for the purpose of ascertaining her present condition and the probable cost of putting her in sea-worthy condition.

Captains Phineas Leach and Joseph Carries, with Mr. George K. Stevenson, master ship carpenter, were directed by Mr. Duer to proceed to the Florida, make an examination of her state, and report to the consulate. They reported, after a minute calculation, the cost of putting the vessel in a sea-worthy condition to be over four thousand dollars. This report, with my own protest made before the consul, giving an account of the seizure of the vessel, Mr. Shaw’s barbarous murder, my imprisonment, the forcible detention of our private property, the re-capture of the vessel, its arrival in San Carlos, my delivery of it into the hands of the authorities there, the transfer of the prisoners and treasure to the Virago, our passage to Valparaiso, &c. &c., and claiming salvage on the treasure and restoration of the personal property of myself, passengers, and crew, I transmitted to Don Antonio Varas, at Santiago.

While waiting for some notice of these communications from the government authorities, I found that the Eliza Cornish, having the treasure on board, was preparing for sea, under the orders of the British admiral, and that no steps were being taken by the Chilian authorities to claim the treasure. I therefore caused process to be issued to prevent the sailing of the vessel, in order to obtain an adjudication in the courts of Chili for the salvage to which I was justly entitled, for the re-capture of the treasure. But although there was ample time to execute this process and prevent the removal of the treasure and though I did every thing in my power to cause this to be done, yet the E. Cornish was permitted to sail for England.

This was either from the gross neglect, or the wilful default of the officers entrusted with serving the process; and I myself firmly believe that the neglect was wilful, and that it arose from the unwillingness on the part of the Chilian government to come into direct collision with the British admiral. Nay, more: I have every reason to believe that many articles of personal property belonging to myself, my passengers, and my crew, were also on the E. Cornish; for the prisoners had in their possession at the time we came into San Carlos all our wearing apparel, weapons, and so forth; all of which were transferred to the Virago with the prisoners, and which, I was told at San Carlos, should be carefully restored to me on reaching Valparaiso,—but which I never could trace afterwards. Of my own personal effects I never received any thing but one pistol.

It was at this time I made the attempt to recover the ring taken from Mr. Shaw’s finger at the time of his death—offering a reward to any one who would bring it to me. I had heard that it was seen on the finger of one of the women brought to San Carlos in the E. Cornish.

Finding no disposition on the part of the government to attend to my written communications, I went to Santiago on the 14th of March, accompanied by Mr. Duer, for the purpose of having a personal interview with our Minister, colonel Peyton, and with Don Antonio Varas.

By the advice of colonel Peyton and Mr. Duer, I addressed a letter to Don Antonio, under date of March 19th, recapitulating the grievances under which I had labored; submitting my claims, together with my protest, and appealing to the honor of the government to see that I should not suffer from the removal of the treasure, since it had arisen from the neglect of their own officers. I also submitted, that had I not recovered it, the Chilian government would have been bound to make the amount good to the owners; and that at great hazard to my life, I had rendered such service to the State as no great nation permits to pass unrewarded.