[Extract.]
Mr. Elmer to Mr.
Seward
No. 8.]
United States Consulate,
La Paz, Mexico,
November 22, 1864.
Sir: I have the honor herewith to transmit the
affidavit of George Goodrum, master of the schooner William L.
Richardson, of San Francisco, concerning what I beg leave to express the
hope that the government will decide to have been a violation of the
rights of neutrals, and a case where ample reparation must be
demanded.
I have satisfied myself, after a careful inquiry, that the powder was not
to be landed upon the Mexican coast, and was shipped in good faith for a
person living at Tucson, Arizona Territory.
Should any other testimony than that contained in the accompanying
affidavit be required, I shall be able to forward it, as I have
corroborating evidence on file, to be forwarded if called for.
[Page 226]
I have retained a copy of the bill of lading, from which I extract the
following as pertinent: “Shipped in good order and condition, by J.
Underhill & Company, on board the schooner called the William L.
Richardson, whereof George Goodrum is master, now lying in the port of
San Francisco, and bound for the anchorage at the mouth of the Colorado
river, to say, one hundred kegs powder, marked and numbered as in the
margin, to wit: M. A. D., care J. Capron, Tucson, A. T.’ Freight on same
fifty dollars.”
I also examined the manifest, and found the entry as stated in Mr.
Goodrum’s affidavit. The powder was entered as such and consigned in the
manner stated.
I also transmit an exact copy of the certificate given by the Frenchman
in his own language; also a translated copy.
* * * * * * *
Very respectfully, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington City.
[Enclosure No. 1.]
Deposition of George Goodrum.
Consulate of the United States
of America,
La Paz, Mexico,
November 2, 1864.
On this second day of November, A. D. 1864, before me, the
undersigned, consul of the United States of America for La Paz and
the dependencies thereof, there personally appeared George Goodrum,
master of the American schooner William L. Richardson, and made oath
in due form of law that the following is a true and faithful
transcript of the entries in the logbook of said vessel for the
period embraced therein; that they were written by his first
officer, at his dictation and under his observation, and that the
same is a true and faithful record of the proceedings occurring as
therein detailed.
The following is the transcript:
“October 30, at 1.30 p. m., on entering the bay of La Paz we were
fired upon by the French war-steamer Diamant. We hove our vessel to
and set our colors, when an officer from the steamer came on board
and demanded our papers, which were shown to him by Captain Goodrum.
The officer looked at them for a short time, and then said he would
take them on board his own vessel. Captain Goodrum told him he could
not let his papers go, and protested against his taking them. The
officer said it was all right, and retained them. He then ordered us
to take in sail, and said he would take us in tow. The officer then
went on board his own vessel and steered for Pichilque island, about
eight miles from La Paz and within the bay, where he came to anchor
and ordered us to do the same, which order we were compelled to
comply with.
“The officer then returned on board our vessel with the papers and
demanded the one hundred kegs of blasting powder that were down on
the coasting manifest and cleared from San Francisco for the
Colorado river. The officer immediately sent his men into the hold
and took out the powder, against which Captaim Goodrum protested.
The officer then took the powder from our vessel to his own, and
sent word that we might go on to La Paz.
“Before leaving, the officer gave the captain two certificates—one in
French and the other English, the latter reading as follows:
“‘Bay of La Paz, October 30, 1864.
“‘This is to certify that the one hundred kegs of powder shipped in
San Francisco, on the Schooner Wm. L. Richardson, to be delivered to
Paul Heller, at Fort Yuma, Colorado river, is on this day taken from
the vessel by the officer in command of the French war-steamer
Diamant, and confiscated as contraband of war, and against the
protest of the captain, George Goodrum.
“.‘A. DE LA COUVE,
“‘L’ officer de service.’”
And further says that the Wm. L. Richardson was detained by the
French steamer some twenty-two hours, besides being delayed two days
more in consequence thereof; that the Diamant remained off the
harbor of La Paz till the morning of the first of November, and then
deft.
And further makes oath and says that said powder was placed on board
his vessel, as he believes, in good faith, and that it was his
intention, in accordance with his instructions and bill of lading,
to deliver the same on board the steamboat Esmeralda, in the
Colorado river, some milesi above its mouth, to be conveyed thence
to the consignee thereof, Paul Heller, at
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Tucson, within the Territory of Arizona; that
the Wm. L. Richardson is one of a line of vessels contracted for by
Messrs. Wadsworth & Son of Alta California, to run between the
ports of San Francisco, La, Paz, Baja, California, and the station
within the Rio Colorado, near its mouth, whence passengers and
freight for the Territories of Arizona and New Mexico are conveyed
as aforesaid, by the steamboat Esmeralda, to Fort Yuma, and to
points beyond; that at the time the gun was fired on board the
French man-of-war, he was entering the port of La Paz to discharge
some ninety tons of freight before proceeding to the mouth of the
Colorado to discharge the remainder of his cargo, and was wholly
innocent of any design to infringe, or to permit any other, through
his agency, to infringe any belligerent regulations, and that no
blockade of the harbor of La Paz existed within his knowledge, nor
had any notice ever been given that such a thing was
contemplated.
He further says that the said powder was entered as such in the usual
and proper manner upon the Colorado river manifest.
GEORGE GOODRUM.
Subscribed and sworn to before me the date above written.
F. B. ELMER, U. S. Consul
United States Consulate,
La Paz, November 20, 1864.
I, the undersigned, consul of the United States of America for La
Paz, &c, do hereby certify that the foregoing declaration and
affidavit are true and faithful copies of the original on file in
this consulate, the same having been carefully examined by me, and
compared with said original, and found to agree therewith, word for
word, and figure for figure.
Given under my hand and seal of the consulate at La Paz, the day and
year above written.
[seal.]
F. B. ELMER, U. S.
Consul.
[Enclosure No. 3.—Translation of No. 2.]
Port of La Paz, Mexico,
October 30, 1864.
I declare having seized on board the schooner W. Richardson, Captain
George Goodrum, one hundred barrels of powder, against protest of
the said captain.
A. DE LA COUVE, The officer on
service.
United States Consulate,
La Paz, November 22, 1864.
I, the undersigned, consul of the United States of America for La
Paz, &c, do hereby cer tify that the above declaration is a true
and faithful copy of the original filed in this office, the same
having been compared by me and found to agree therewith, word for
word and figure for figure.
[seal.]
F. B. ELMER, U. S.
Consul.