Reminiscences of Sixty Years in Public Affairs, Vol. 2

by George S. Boutwell

Upon investigation it appeared that the true name of the vessel was William, and that the name of the captain was Antonio Pelletier. Pelletier was tried according to the laws of Hayti, convicted and sentenced to death. The sentence was commuted to imprisonment for a term of years. The facts of his arrest and of the sentence pronounced upon him were published in the New York Herald; and thereupon, as it appeared in the investigation that was afterward made, his wife married and, taking Pelletier's two children, left the country. Pelletier was kept in prison for about two years, when he escaped, probably with the connivance of the authorities. He returned to the United States. Previous to his escape he gained the confidence of the commissioner of the United States at Port au Prince, who made a report in his behalf and upon the ground that he had been arrested, tried and convicted for an offense of which he was not guilty.

That report was made to the Department of State, when Mr. Seward was Secretary of State. Mr. Seward declined to act, upon two grounds— first, it was not proved that Pelletier was a citizen of the United States; and second, the course of Hayti seemed justified by the facts as they then appeared. Pelletier presented a statement of his claim, amounting in all to about $2,500,000. He placed the value of the bark William and her cargo, with some money which he claimed was on her, at about $92,000. He claimed also that he had been subjected to many losses in business transactions, which he had been unable to consummate owing to his arrest in Hayti. These amounted to about $750,000. The most extraordinary claim was the claim for damages to his person, in the matter of his arrest and captivity, and the loss of his wife, children and home, for all of which he charged $300,000.

The claimant pressed his claim persistently to the State Department; and in the year 1884, when Mr. Frelinghuysen was Secretary of State, a protocol was entered into between him and Mr. Preston, then minister plenipotentiary of the republic of Hayti, by which this claim, with another large claim in behalf of A. H. Lazare against the republic of Hayti, was submitted to an international arbitrator,—the Hon. William Strong, formerly a justice of the Supreme Court of the United States. The republic of Hayti retained Charles A. de Chambrun and myself as counsel for the defence. This hearing occupied one year of time, and the documents and the testimony taken covered two thousand printed pages. The investigation showed that Pelletier was born at Fontainebleau in France in the year 1819. At the age of fourteen he ran away from his home and country and came to the United States, where he found employment on board a ship, which was owned and navigated by one Blanchard of the State of Maine. From about the year 1835 to the year 1850, Pelletier was employed upon shipboard in various menial capacities, until finally he became master of several small vessels, which were employed on short voyages in the Caribbean Sea and on the coast of South America. About the year 1850 he appeared in the city of New York, and between that time and 1859 he was in the city of Chicago, where on one occasion and as the representative of some local party he was a candidate for alderman. He was also engaged for a time in the manufacture of boots and shoes at Troy, New York.

In the autumn of 1860 there appeared a statement in the newspapers that a bark called the William had been arrested and condemned at Key West upon the charge of having been fitted out for the slave trade. Guided by that notice, Pelletier went to Havana, and employed an agent to go to Key West and to purchase the bark. The purchase was made at a cost of $1,504. In Pelletier's statement of his claim, he asserted that he paid something over $10,000 for the vessel. From Key West the vessel was sent to Mobile in charge of a man named Thomas Collar, who became Pelletier's mate, but who was known on the vessel as Samuel Gerdon. At Mobile the William was fitted out for the voyage under the direction and apparent ownership of a firm in that city known as Delauney, Rice & Co., of which Pelletier claimed to be a member and proprietor to the extent of $50,000, the patrimony which he had received upon the death of his father. The vessel was freighted with lumber, and was cleared for Carthagena, New Granada, in October. She arrived at that port late in November. The investigation showed that a portion of the lumber was placed upon the deck when there was space below where it might have been stored. It appeared also that the vessel contained a large number of water casks, some twenty or twenty-five, about twenty pairs of manacles, a quantity of ammunition, and that the number of sailors was considerably in excess of the number required for the navigation of the vessel.

At Carthagena Pelletier made a contract with a colored man named Cortes, to carry him with his wife and children and servant to a point on the coast east of Carthagena, known as Rio de Hache. This contract he never performed. The original object of the voyage, as he alleged, was to obtain a cargo of guano, at an island which he named Buida. As a matter of fact, there is no such island, or at any rate none could be found on the maps, nor was its existence known to the officers of our Government who had been engaged in taking soundings in the Caribbean Sea.

While the William was at Carthagena, one of the men deserted and notified the commander of a British man-of-war that the object of the voyage of the bark William was a cargo of negroes to be carried to the United States and sold as slaves. Following the desertion of this man, Pelletier left Carthagena and, instead of proceeding to Rio de Hache, which was understood to be the destination of the British man-of- war, he took a northerly course toward the island of Grand Inagua. Upon this change of the course of the vessel, Cortes became alarmed for his safety, and he urged Pelletier to put him ashore, and especially for the reason that the shades of maternity were falling on his wife. After a delay of ten days, Pelletier consented to land him, which he did at Grand Inagua, and secured in payment the goods and effects which Cortes had on board the vessel, and which were understood to be of the value of $500 or more.

In the month of January, 1861, Pelletier arrived in the harbor of Port- au-Prince, Hayti, where he was accused of being engaged in a slave- trading expedition by five of his men whom he had landed and caused to be put in prison on the charge of insubordination. The authorities were so well convinced of the unlawful character of the expedition that they ordered Pelletier to leave without delay. He was conveyed out of the harbor by an armed vessel, and upon the understanding that he was to sail for New Orleans. As a matter of fact, however, he employed the months following, until April, in expeditions among the islands of the Caribbean Sea. In the course of the investigation, Pelletier appeared on the stand as a witness. In a series of questions which I put to him, I asked for the names of the vessels which he had commanded, previous to the voyage of the William. Among others he mentioned the Ardennes, which was an American ship, registered. It turned out upon further investigation that that ship was fitted out by him at Jacksonville in the year 1859, and cleared for the Canary Islands. Her cargo consisted of rum, sugar, cigars and tobacco. From the admission of Pelletier it appeared that he never reached the Canary Islands, but made the coast of Africa, near the mouth of the Congo River. Upon being pressed for a reason for the change, he stated that he had been driven there by a storm. We were able to cause an examination to be made of the records of the Pluto, a British man-of-war, that discovered the Ardennes near Magna Grand in April, 1859. The officers of the Pluto boarded the Ardennes, and made such an examination as they thought proper. The captain made this entry after an examination of the vessel's papers and register, namely: "Which, though not appearing to be correct, I did not detain or molest them." The Ardennes lingered in the vicinity of the mouth of the Congo, where she was arrested by the officers of the United States ship Marion, under command of Captain Brent. The results of the examination which he made and the circumstances of which he obtained knowledge were such that he took possession of the vessel and sent her to New York upon the charge of being engaged in the slave trade. The evidence produced at New York was not sufficient to lead the court to condemn her, but the judge gave a certificate that there was probable cause for her arrest.

The real character of the voyage of the William from Mobile was finally established beyond all controversy. In the year 1880, a treaty was made between the United States and France, by which an international commission was created for the purpose of determining the validity of claims made by citizens of the United States against France and of claims made by citizens of France against the United States. Among the claimants against the United States were two Frenchmen by the name of Le More, residents of New Orleans. At the time of the capture of New Orleans in the year 1862, these men had in their possession a large sum of money belonging to the Confederate government. By the proclamation of General Butler, made immediately upon the capture of the city, all intercourse with the Confederate authorities by residents of New Orleans was interdicted. Notwithstanding the proclamation, the Le Mores contrived to convey the funds in their possession across the line, and to procure their delivery to the Confederate authorities. General Butler, having obtained knowledge of this transaction, had the Le Mores brought before him. He then questioned them, and upon his own judgment and without trial he sent them as prisoners to Ship Island, where they were confined for a time with an attachment of a ball and chain. Each of these men presented a claim to the commission, and, there being no defence, an award of $20,000 was made to each. If General Butler had convened a military court or commission, as he should have done, and had obtained a conviction, as he would have obtained one, he would not have subjected the United States to the judgments which were rendered finally.

In that hearing, De Chambrun represented the Government of France and I represented the Government of the United States. Thus having knowledge of the Le Mores, who were yet in New Orleans, we applied to them for the purpose of ascertaining the character of Delauney, Rice & Co., and also whether there was any person living who had knowledge of the fitting out of the bark William. They found a man by the name of Louis Moses, who had been a resident of New Orleans since the year 1852, and who was well acquainted with the house of Delauney, Rice & Co., having transacted business for it, and who was himself concerned in the fitting out of the bark William. He had indeed invested, in one form or another, the sum of $15,000 in the enterprise, of which he had evidence in writing. He stated that the object of the voyage was to obtain a cargo of negroes in some of the islands of the Caribbean Sea, and to bring them to a desert island on the west bank of the Mississippi, near the mainland of Louisiana; in fine, that there was no purpose to obtain a cargo of guano.

When the hearing commenced, in the year 1884, Pelletier came before the arbitrator in perfect health and with the appearance of a man of ability and of fortune. After an acquaintance of about a year I was able to use this language in my final arguments: "It is a singular circumstance that Captain Pelletier has not produced an original paper or document in support of his claim. He is sixty years of age or more. He is a man not deficient in intellectual capacity, whatever else may be said of him. He is endowed by nature with ability for large and honest undertakings. He claims to have had an extensive business experience; to have been the possessor of large wealth; to have been trusted in fiduciary ways; and he comes here and claims compensation for a great outrage, as he alleges, upon his person and his rights; and yet he has not produced a paper that has the signature of any being, living or dead, by which he can sustain the claim he makes. What is his answer in regard to the absence of papers? It is that they were on board the bark William. According to the best information we can obtain, that bark was not less than twelve or fifteen years of age. We know that it did not much exceed two hundred tons burden. It was bound on a voyage into tempestuous seas; and, leaving behind him wealth, as he says, to be measured by the million, he embarks on that vessel with all his papers, including title deeds, articles of copartnership, powers of attorney, and preliminary accounts relating to unsettled affairs. He is a member of the house of Delauney, Rice & Co., in which he had deposited his patrimony to the extent of fifty thousand dollars; and he carries away on that frail bark all evidence of his investment in that firm. He had, he said, a partnership agreement; he had accounts of profits that had been rendered from time to time,—and all are gone. He had a dear wife and two children, for whose loss he now demands large compensation; and yet he carried away the evidence of which their right to his estate would have depended, in case of his death. The statement may be true, but in the nature of things it is not probable. That we may believe a statement of that sort, evidence is required, not from one man unknown, not from one man impeached, but from many men of reputable standing in society. It is not to be believed that a man who had been engaged in transactions measured by hundreds of thousands of dollars, through a period of ten years, should take every evidence of those transactions on board a vessel of hardly more than two hundred tons burden, manned by a crew composed of highbinders, as he has described them, and sail to foreign lands, over tempestuous seas, upon the poor pretext of procuring guano for the plantations of Louisiana,—and this, as he says, when war was imminent."