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A. F. Favarger, of Detroit, now secretary of the Pacific Railroad Committee of the United States Senate, being duly sworn, suys, that he knows Captain Antonio Pelletier, of New York, and knew him from the year 1850 to 1858, during which time he was engaged in business in New York as a shipping merchant in the Australian trade, and connected with various manufacturing enterprises. Aud the deponent further says, that he always understood and regarded Captain Pelletier to be a man of enterprise and integrity in business, sustaining & good reputation, and never heard anything to the contrary.
A. F. FAVARGER. Subscribed and sworn to before me, June 11, 1864. [SEAL.]
M. H. N. KENDIG,
STATE OF New YORK, City and County of New York, ss :
Jesse H. Pomroy, shipwright and caulker, No. 301 Front street, of the city of New York, being duly sworn, deposes and says, that he is a resident of the said city of New York, and has been for many years; that he is acquainted with A. Pelletier, of the said city, and has been since about the year 1850, and that during that time he has had frequent business transactions with bim, and in some instances to a large amount, and that in all his intercourse with him he has invariably found him honest and faithful in all his engagements. And deponent says, that since the year 1850 the said A. Pelletier has resided in the said city of New York, and has been uniformly engaged in the shipping business, and most of the time engaged as a shipmaster and sailing out of the port of New York, and to his knowledge has invariably enjoyed the confidence of his ship-owners and commercial men generally, And deponent further says, that the said A. Pelletier has always enjoyed the reputation of an exemplary citizeu and an honest man in all his relations with the community. And further deponent saith not.
J. H. POMROY. Sworn to before me, this 15th day of June, 1864. [SEAL)
Notary Public, &c.
STATE OF New YORK, City and County of New York, ss :
Henry King, druggist, being duly sworn, deposes and says, that he resides in the city of New York, and is acquainted with A. Pelletier of the said city, and bas known bim for many years past ; and that during his acquaintance with him has uniformly found him to be an upright man and good citizen; and in his business transactions just and honorable.
And deponent says, that for many years past the said Pelletier has resided in the city of New York, and has known him as engaged in the shipping business, and for many years engaged as a shipmaster, sailing out of the port of New York, and enjoying the confidence of commercial men and citizens generally.
And deponent further says, that in all the relations of life he believes A. Pelletier has uniformly bad the good will and confidence of the public, and that with business men especi. ally he is regarded as an honest man.
HENRY KING. Sworn to before me this 15th day of June, 1864. [SEAL.]
GEORGE PEYTON, Notary, fc.
STATE OF New YORK, Rensselaer County :
Marcus Ball, of the city of Troy, in said county, being duly sworn, says he has known Captain A. Pelletier for many years; that about the years 1856 and 1857 said Pelletier resided with his family in the city of Troy aforesaid, and was engaged in the 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.
M. BELL. Sworn before me, July 5, 1864.
F. W. ACKLEY, Commissioner of Deeds, Troy.
CHARLESTON, 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 am 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 Haytien 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 me to see the President of Hayti, and an explanation was made of the 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 the 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 crew, who had not signed protest at my office.
8. I did write to the minister of foreign affairs regarding the ship, and stating that it was not unusual for some vessels to carry hand-cuffs in case of need.
9. While on board the bark William I did not see anything out of the ordinary way of all vessels 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 the ship left 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. I did hear that the treatment to Captain Pelletier was most cruel in the extreme.
1. 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 liad 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 Pelletier was taken prisoner he was deprived all his ship’s papers, aad almost everything of value that he possessed, even his clothing, as I am informed.
The foregoing is a true statement of facts which transpired while I was United States consul at Port-au-Prince, and to which I am willing to testify at any time. Very truly yours,
J. N. LEWIS,
Er-United States Consul. STATE OF ILLINOIS, Coles County, ss:
Personally appeared before me 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.
The civil court sitting at Port-au-Prince, duly 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,
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 : 1st, Antonio Pelletier; 20, Thomas Collar; 3d, John Henry Brown; 4th, Urbain Caostaing; 5th, Picault Louis Jean Baptiste Benja. min; 6th, Millet Pierre Henry; 7th, Alexander Thibodeau ; 8th, Curtois François ; 9ib, Louis Maurice ; 10th, Rogan Teves Guillaun ; 11th, 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 government 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 Pel. letier, 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 Caño and Juan Cotis, by force of arms, accom. panied 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-Prince.) 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 Hayti.
Having heard the aforesaid accused in their measures of defence offered by themselves and by Messrs. Clavier Camille Nau and Gueguevon, of counsel for the three last accused.
Having in like manner heard Mori St. Amand, H. Chance, and Archin, appointed for Messrs. Caño and Cotis, civil parties in the suit, in their conclusions bearing on the clain on the one part for Mr. Antonio Caño for the sum of $5,728 28 in specie, as well for the value of the merchandise, the interest on that value, and damage interest; and on the other hand for Mr. Juan Cotis for that of 5,000 piasters for damage interests.
Having in fine heard the citizen J. J. Lilavois, substitute for the government commissioner on these requisitions, reduced to writing, for the application of the penalty attached to the
Considering that by the affirmation declaration of the jury this day, the accused, Antonio Pelletier, has been found guilty of piracy, and of the fraudulent abstraction on the open sea and at he Grand Caymans of merchandise to the injury of Messrs. Antonio Caño and Juan Cotis, by force of arms, with violence and threat of assassination.
Considering that this fact, thus declared proven, constitutes against the said Antonio Pel, letier a crimne provided for and punished under 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 334 of the penal code.
The first thus stated :
ARTICLE 5. Every Haytien who shall be guilty outside of the territory of Hayti of a crime bearing against the peace of the state, by counterfeiting national coins, having currency, national paper, bank bills authorized by law, shall, as soon as he shall be taken, be prosecuted, tried, and punished in Hayti according to the provisions of the Haytien laws.
The second bearing
ART. 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 extradition.
The third thus:
Art. 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 common to criminal and correctional matters.
The fifth disposition :
ART. 324. Whoever takes fraudulently a thing which does not belong to him is guilty of robbery.
The reading whereof aloud was made by the dean.
Considering that the accused, John Henry Brown, Thomas Collar, and Urbain Castaing, have been declared guilty of the fact of complicity in attempted piracy and slave-dealing on 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 :
bave been guilty of assassination, shall be condemned to five years in irons ; and in case of repetition, to ten years likewise in irons.
The second thus conceived :
ART. 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 :
ART. 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 the 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.
The fourth stipulating:
ART. 20, first line, in fine provides, that every individual, of the one sex or the other, who shall be condemned to the punishment of seclusion, shall be employed in prison in labors, the product of which may be iu part applied to his benefit, as shall be directed by the government.
Reading whereof having been made in a high voice by the dean:
For all which causes and reasons, the 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 committed the crime of piracy and of fraudulent taking of property on the high seas and at the Grand Caymans by force of arms, with violence and threats of assassination; condemns him 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. Condemns also the accused, John Henry Brown, aged twenty-nine years, seaman by occupation, born at Quimper, (France,) domiciled at Boston; naturalized American.
3. Thomas Collar, aged thirty-five years, seaman, second mate of the bark William, born at Epping, England; naturalized American.
4. Urbain Castaing, aged twenty-seven years, teacher of languages, born at Plaisaunce, (France,) domiciled at Mobile, (United States,) to five years' imprisonment; ordered they be employed in prison at bard labor, and in works whose product can be in part applied to their use, as will be regulated by the government, all three being proved to be accomplices in the crime of attempted piracy, and of slave trading on the coast of Hayti; condemus them, moreover, to costs to the state, allowed the greffier 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, the court declares confiscate to the benefit of the state the ship William and all her accessories ; declaring also confiscation 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 the commission of crime.
Determining on the two applications for restitution and damage and interest put in by Messrs. Antonio Caño and Juan Cotis.
Considering that thc aecused, Pelletier, proven and declared guilty of fraudulent abstraction by force of arms, &c., of merchandise, to the damage of Mr. Antonio Caño, and of which, in the end, he consummated the sale at Port-au-Prince, is not only held to restore the said merchandise, but is liable to reparation of the damages which he has done to Mr. Caño by the abstraction of his goods, and charges of the voyage and the enterprise he had undertaken for the reclaiming of his rights and interests so largely compromised by Pelletier.
Considering that in respect of Mr. Juan Cotis, by the fact of having broken his confidence in him, of having deceived him, and having abandoned him with his wife und child and servant, at a point other than at which he should have landed him, Pelletier did bim wrongs and caused him expenses, he is bound to make them good ; that on the terms of articles 116, folio 1169, of the civil code, “any aid soever of a man which damages another is binding on him, by whose fault it was done, to repair it."
For these reasons the court, after deliberation, condemns the said Antonio Pelletier to pay one thousand piasters, under the title of indemnity, in favor of Mr. Antonio Caño, and to three thousand piasters damages and interest in favor of Mr. Juan Cotis for the wrong and injury done to the latter, the whole of dean greffier, together in conformity with the provi. sions of article 36 of the penal code, and this for the reasons above set forth.
Given by us, Cherimon Cheri, judge discharging the functions of dean of the criminal court, Brutus Alexander Gillot, judge; Durant Mégé, puisne 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 the 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.
In faith whereof the minute of said judgment has been signed by the judge, the puisne judge and greffier.
J. M. DURANT, Greffier.
J. M. DURANT, Grefer.
Mr. Pelletier to Mr. Seward.
Washington, July 30, 1864. Sir: Herewith I enclose, to be filed in the department, as evidence in my
Aa.–Official 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 fall, of any appearance of proof, by the oath of any witness, of any criminal act. I am, very respectfully, your obedient servant,
A. PELLETIER.. Hon. William H. SEWARD,
Secretary of State.
DEPARTMENT OF STATE, In the matter of the memorial of Antonio Pelletier. 1. I am directed to present A review of the judicial proceedings in my case, showing the grounds upon which I claim that those proceedings were irregular or illegal under the laws of Hayti, for want of jurisdiction or other canse.
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 Haytien government had in its own hands the fullest proof of my innocence. The proofs 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 bis 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 case show that the Haytien government has in its posses