Mr. Seward to Mr. Mercier.
Sir: I have carefully considered the communication of Charles Heidsick, which you have placed in my hands, and given, also, as I trust, due weight to the representations which you have submitted to me upon the subject in question. I have also made inquiry of the military authorities who were concerned [Page 827] in the transaction at New Orleans, of which Mr. Heidsick complains. But I am unable to announce a change, on my part, of the convictions I have heretofore expressed to you concerning his case.
I learn that when New Orleans was recovered from the insurgents and brought into military occupation by the national forces, that city had a large quantity of flour, bought, paid for, and stored at Mobile, and the municipal authorities of New Orleans desired permission to have the flour brought to the city for the benefit of the inhabitants threatened with famine. The commanding general, Major General Butler, assented to this proposition, and a general order was made, to the effect that a steamboat might pass from Mobile to New Orleans, for the purpose of bringing the flour to the latter place, but upon the express consideration that no passengers should be allowed upon the steamer except Mr. Greenwood, the agent of the city government of New Orleans. The steamer Dick Keys was used, and after she had made three voyages, she was put into the insurgent service, and the Natchez was substituted for the transportation of the flour from Mobile to New Orleans. About the end of June, 1862, the major general discovered that contraband commodities were carried by means of this steamer between the insurgents at Mobile and New Orleans, respectively.
Charles Heidsick was domiciled at Mobile, and became there a tender or waiter at the bar-room of the truce boat Dick Keys, on her trip from that city to New Orleans. The military authorities at New Orleans understood that he obtained this place through a feigned sickness of the incumbent of it. Mr. Heidsick’s position in society was that of a gentleman and merchant, selling wines, not in one country alone, but extensively in Europe, as well as, in America. The simple fact of his descending to an occupation so obscure and humble as that of a bar-keeper on a mere freight boat, was calculated to draw down suspicion upon him from the necessarily vigilant military authorities. He virtually confesses this; for he answers that his purpose in taking upon himself the occupation was, to get letters to his address which he understood were lying in the French consulate at New Orleans. This confession is accompanied with the statement that he wished to obtain from the occupation the profits which could be derived from selling his wines, these profits being rendered important to him by a reverse of his pecuniary affairs. But, certainly, Major General Butler could be expected to know nothing of these compound motives or objects of Mr. Heidsick. He could only know Mr. Heidsick as he appeared to the public view. But Mr. Heidsick says that his name was fully registered, and was reported to the military authorities without objection being made. This is true; but what reason had Major General Butler, when he saw the name of Charles Heidsick as servant on board the Dick Keys, to identify him with Charles Heidsick of the renowned champagne vineyards in France? Again, it is admitted that Mr. Heidsick pursued his humble occupation on board of the boat after he had obtained or might have obtained his letters, although one voyage ought to have sufficed for that purpose. Major General Butler seems to have been warranted in suspecting that the object of selling wines, when it was avowed, was a pretence, for, without explanation, it is unreasonable to suppose that the crew of so pitiful a steamer as the Dick Keys would buy enough champagne of the bar tender to indemnify him for his time and expenses in selling it to them. Nor does it seem to have been altogether unreasonable on the part of Major General Butler to regard with suspicion the coincidence of the same Charles Heidsick being a bar-keeper not only on the Dick Keys when she was plying between Mobile and New Orleans, and his being found exercising exactly the same occupation on the Natches, when that vessel replaced the Dick Keys in the same trade.
Ultimately, however, the Natchez was found coming again to New Orleans, and then Mr. Charles Heidsick, now in the character of a bearer of despatches. He ceased to be a bar-tender when the intelligence boat ceased to ply, by Major General Butler’s permission, between Mobile and New Orleans. On [Page 828] his coming to New Orleans in his new character, he was arrested on the suspicion of his being a spy. His explanations were not satisfactory. He was committed to Fort Jackson, which was at that time the only military prison in the department of Major General Butler. The French consul at New Orleans presented Heidsick’s case to you, and you represented the same to me. Major General Butler reported upon it to the Secretary of War, and that report was submitted to me. The interference of this department for the release of Heidsick on a specific parole caused his discharge from confinement in lieu of his being tried by the proper tribunal as a spy, with whatever of hazards might have attended that proceeding. Having received his discharge upon that condition, his complaint that he has had no trial does not seem to me to be a reasonable one. Upon a careful review of the case, I am obliged to conclude that the privations of which Mr. Heidsick complains were drawn down upon himself by conduct and proceedings which were imprudent, even if not dangerous, and in intended violation of the military rules and regulations established at New Orleans. Nor can his complaint that he was not allowed an examination or trial be allowed. It is understood by this government from the military authorities at New Orleans that he would have been proceeded against and tried by competent authority upon the charge of being a spy. He did not wait the public convenience in that respect; but appealed through the intervention of his government, and his release was conceded upon the ground of comity and good will towards France, irrespectively of the merits of the complaints which were pending against Mr. Heidsick. He having thus been discharged, and having left the military department where the transaction occurred, it is now altogether too late to bring him to trial upon the complaint on which he was originally confined.
I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration.
Mr. Henry Mercier, &c., &c., &c.