Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress
The Marquis de Montholon to Mr. Seward
Sir: Your note of the 10th November, in answer to mine of the 19th of October last, about events that had transpired on the Rio Grande frontier last year, informed me that the Secretary of War had ordered an investigation of some of the acts I complained of, particularly the capture of the steamer Señorita. You even added that if the facts were as you represented to me, it was evident the military commander in Brownsville was in the wrong.
I have just received from his Majesty’s acting consul in New Orleans the annexed claim of the French commercial house of L. Mouler & Co., owner of thirty-five bales of cotton, part of the cargo of the steamer Señorita.
As your excellency will see by reference to the appended documents, Mr. Mouler’s complaint coincides fully with others from a different source, and seems to confirm the verity of the first reports that reached me.
The house of Mouler & Co. now claims of the United States government, as indemnity, the sum of ten thousand and thirty-seven dollars ($10,037) for the loss of cotton, said to have been caused by the United States.
I will be very much obliged to your excellency if you will cause this claim to be put into the hands of the proper authorities, and let me know the result of the decision as soon as possible.
Accept the assurances of my high consideration.
Hon. William H. Seward, &c., &c., &c., Washington, D. C.,
Claim of Mouler & Co.—The substance.
The French commercial house of Mouler & Co. sends a claim for $10,037 84 against the United States, for the loss of thirty-five bales of cotton, caused by act of the United States, to the consul.
New Orleans, October 27, 1865.
Sir: In June last Messrs. Maithes and Garza, of Camargo, Mexico, bought thirty-five bales of cotton on our account, and paid the duty to the imperial government of Mexico, and also to Juarez’s agents, when they took possession of that port,
The house of Maithes and Garza shipped this cotton to us on the 21st of June, 1865, in the Mexican steamer Señorita, which was seized by the Juarist General Cortinas, and landed in the United States territory on the Texas side of the Rio Grande river.
We applied to the federal military authorities having the entire control of that part of the United States, but they showed no anxiety to return us our property, or even to order its sequestration, and sent us to the Mexican republican courts, which is a denial of justice or an act of derision.
Under these circumstances, all that remained for us to do was to request you to transmit to his excellency the minister of the Emperor in Washington the claim of $10,037 84 in gold, which we make against the United States government, and herewith send you, with all the corroborating evidence.
Accept, sir, our respectful salutations.
[Untitled]
State of Louisiana, Parish of Orleans:
Before me, Pierre Coudrain, a notary public for the parish of Orleans, duly qualified and sworn, personally appeared Mr. Réné Dumestre, born at Siarrony, canton of Vis de Bigorre, (Upper Pyrenees,) one of the partners in the house of Mouler & Dumestre, established in this city of New Orleans, No. 109 Chartres street, and at Matamoras under the firm of L. Mouler & Co., who having been sworn according to law, says and declares:
[Page 446]1. That the house of Mouler & Co., established at Matamoras, is a French commercial house, and consists of Louis Mouler, Austin Caunere, Jules Desca, and this affiant, all French subjects; that none of its members have violated the neutrality commanded by the Emperor of the French in the conflict between the government of the United States and certain States assuming the name of Confederate States.
2. That on the 21st of June, 1865, Messrs. Maithes and Garza shipped at Camargo, Mexiico, on the Mexican steamer Señorita, on account of L. Mouler & Co., of Matamoras, Mexico, thirty-five (35) bales of cotton, as shown by the original bill of lading, delivered by the captain of the said steamer, annexed to the present affidavit, and of which an authentic copy is annexed to the duplicates of this document.
3. That it is shown by a Spanish document, annexed to one of these patents, delivered by the custom-house collector at Camargo, Mexico, that the thirty-five bales of cotton shipped on the Mexican steamer Señorita had paid to the republican and also to the imperial government, at different times, (27th May, 1865, and 21st June, 1865,) its entry dues.
4. That the Mexican steamer Señorita, on the way from Camargo to Matamoras, was captured by General Cortinas, of the Juarist army, and apart of the cargo were the thirty-five bales of cotton shipped by the house of L. Mouler & Co., and belonging to them.
5. That the capture of this Mexican steamer Señorita is a fact too notorious to require proof of its seizure.
6. That these thirty-five bales of cotton were placed by the said General Cortinas on the farm of Mrs. Stephen Goseaseochea, who they say is Cortinas’s mother, situated on the left bank of the Rio Grande, in Texas, and upon territory of the republic of the United States.
7. That the firm of L. Mouler & Co., on 15th and 22d of June, 1865, through its agent, Mr. Maithes, of the house of Maithes & Garza, tried to get the cotton from the federal military authorities, then controlling that portion of United States territory, exhibiting to them all proof of ownership.
8. That the federal authorities showed no inclination to do justice to the French commercial house of L. Mouler & Co., of Matamoras, and finally referred them to the courts of the Mexican republic.
9. That these thirty-five bales of cotton were sold by General Cortinas without opposition on the neutral territory of the United States, though they belonged to the French house of L. Mouler & Co., and the present affiant claims its value for his principal from the United States.
10. That these thirty-five bales of cotton intended to be shipped and sold in New York by the house of L. Mouler & Co., of Matamoras, where they would have probably arrived the 15th of July, 1864, was of the quality of good middling.
11. That these thirty-five bales of cotton averaged 475 pounds weight per bale, or sixteen thousand six hundred and twenty-five pounds, (16,625.)
12. That this affiant, in the name of L. Mouler & Co., will now fix the value of the said cotton in the New York market on the 15th of July, 1865, deducting the ordinary charges.
ACCOUNT OF THE VALUE OF THIRTY-FIVE BALES OF COTTON.
13. At the 15th July, 1865, good middling cotton was worth fifty cents a pound in New York, in United States treasury notes—that is, eight thousand three hundred and twelve dollars and fifty cents for the 16,625 pounds.
From this sum is to be deducted: 1. The insurance from Matamoras to New York, to have been paid by L. Mouler & Co., of five per cent. on the value of thirty-five (35) bales of cotton in Matamoras, which was thirty cents in gold per pound; that is, four thousand nine hundred and eighty-seven dollars and fifty cents ($4,987 50) for the sixteen thousand six hundred and twenty-five (16,625) pounds, making a sum of two hundred and forty-nine dollars and thirty-seven cents ($249 37) in gold, or at the premium in New York, (forty-two,) the sum of three hundred and fifty-four dollars, and eleven cents ($354 11) in United States treasury notes.
2. The freight to have been paid by this affiant to New York, at the rate of two cents a pound, in United States treasury notes, or $332 50 for the sixteen thousand six hundred and twenty-five (16,625) pounds, making $332 50.
3. The import duty at the rate of two cents a pound in gold, (act of Congress approved the 30th of June, 1864,) or two hundred and eighty-four thousandths (0.0284) of a dollar in United States treasury notes, or four hundred and seventy-two dollars and fifteen cents in United States treasury notes, for the sixteen thousand six hundred and twenty-five pounds, (16,625,) making $472 15. The total deduction will be $1,158 76, leaving the net profit on the thirty-five bales of cotton in United States treasury notes at $7,153 74.
14. That this sum of $7,153 74 cents in the United States treasury notes represents in gold the premium in New York on the 15th of July, 1865, being 42, the sum of five thousand and thirty-seven dollars and eighty-four cents, ($5,037 84,) what the cotton would have brought in New York at that time.
15. That this retention of property and denial of justice has caused the house of L. Mouler & Co. considerable damage, inasmuch as they have thus lost the use of that capital; and the affiant can adduce proof that the damage has amounted to five thousand dollars in gold [Page 447] ($5,000,) which sum the house of L. Mouler & Co., all the members of which are French subjects, claim in damages from the United States. 1. The sum of five thousand and thirty-seven dollars and eighty-four cents ($5,037 84) in gold, the value of the thirty-five bales of cotton of which the house of L. Mouler & Co., has been despoiled. 2. The sum of five thousand dollars ($5,000) in gold, as damages and interest.
In all, the sum often thousand and thirty-seven dollars and eighty-four cents ($10,037 84) in gold, for the reason and causes above mentioned.
R. DUMESTRE.
[Translation.—No. 2.]
THE AUDITOR (CONDADOR) CHARGED WITH THE ADMINISTRATION OF THE FRONTIER CUSTOM-HOUSE OF THIS CITY.
I hereby certify that the importation No. 45, dated 29th of May last, made by Messrs. Lopez and Garcia, to the number of three hundred and fifty bales of cotton, has paid all expenses in this office, as appears from the proper day-book, page 72, policy No. 170; and at the request of those interested, and for legal purposes, I give this present copy in Camargo, the 3d of June, 1865.
Auditor in charge,
JESUS P. MARTE.
State of Louisiana, Parish and City of New Orleans:
I, Pierre Coudrain, a notary public duly commissioned and sworn in and for this parish and city of New Orleans, do hereby certify that the above and foregoing is a true and correct copy of the original, produced and exhibited to me this day by Mouler & Co.; that I have signed said original “ne varietur,” at the date hereof, in order to identify it herewith, and delivered the whole to said Mouler & Co.
(Revenue stamp.)
[Translation.—No. 3.]
I, C. Whitaker, a citizen of Matamoras, and owner of the steamer Señorita, say it is true, and acknowledge to have received from Messrs. Maithes and Garza, merchants of this place, the following effects: thirty-five (35) bales of cotton, marked and numbered as in margin; entered, weighed, dry, and in good condition, to my entire satisfaction, to be carried to Matamoras in due time, and delivered in the same condition to Messrs. Mouler & Co.; and the faithful and legal delivery having been made, I am to be paid for the freight, at the rate of $8 per every bale; and to fulfil the same, I bind myself and my property, and sign these bills of lading, of the same tenor, and for a single effect.M. & G.
Amount of freight, $280.
(In margin: Not responsible for old damages.)
[Untitled]
State of Louisiana, Parish and City of New Orleans:
I, Pierre Coudrain, a notary public duly commissioned and sworn in and for this parish and city of New Orleans, do hereby certify that the above and foregoing is a true and correct copy of the original, produced and exhibited to me this day by Mouler & Co.; that I have signed said original “ne varietur,” at the date hereof, in order to identify it herewith, and delivered the whole to said Mouler & Co.
[Third class—two reals.—No. 1.]
Mexican empire—opened for the year 1864-’65, according to section 3d of act 41 of the law of February, 1856.
Administrator, H. Galvan.
Police prefect, Pedro de la Gazza.
THE ADMINISTRATOR OF THE FRONTIER CUSTOM-HOUSE OF CAMARGO.
I hereby certify that the steamer Señorita left the town of Camargo on the 21st of June, of the present year, with thirty-five (35) bales of cotton, the property of Maithes and Garza, imported into said town by Messrs. Lopez and Garcia, and shipped to Matamoras, to the consignment of Messrs. Mouler & Co.; and at the request of persons interested, I give the present, at Matamoras, on the 21st of July, 1865.Mark, M. & G.
The administrator, J. MA. ROSS.
State of Louisiana, Parish and City of New Orleans:
I, Pierre Coudrain, a notary public duly commissioned and sworn in and for this parish and city of New Orleans, do hereby certify that the foregoing is a true and correct copy of the original, produced and exhibited to me this day by Mouler & Co.; that I have signed said original “ne varietur” at the date hereof, in order to identify it herewith, and delivered the whole to said Mouler & Co.
In witness whereof, I have hereunto signed my name and affixed the impress of my seal of office, at New Orleans, this 2d day of October, A. D. 1865, and the ninetieth year of the independence of the United States of America.
[seal.]
(Revenue stamp.)
[Untitled]
The administrator and auditor of the frontier custom-house of Camargo certify that the custom-house of this city, under imperial orders, issued a permit, No. 26, for thirty-five (35) bales of cotton, shipped by Messrs. Lopez & Garcia to Matamoras on the steamer Señorita, and consigned to Messrs. L. Mouler & Co., import No. 45, date 27th instant, as appears from policy No. 170, folio 72, of the day-book in which the office accounts are kept, the duties having been paid to the liberal government at the time of importation.
[Untitled]
State of Louisiana, Parish and City of New Orleans:
I, Pierre Coudrain, a notary public duly qualified and sworn in and for the parish and city of New Orleans, do hereby certify that the above and foregoing is a true and correct copy of the original now produced and exhibited to me by Mouler & Co.; that I have signed said original “ne varietur,” at the date hereof, in order to identify it herewith, and delivered the whole to Mouler & Co.
(Revenue stamp.)
State of Louisiana–Executive Department.
BY J. MADISON WELLS, GOVERNOR OF SAID STATE.
To all who shall see these presents, greeting:
Know ye, that the document hereto annexed is in due form and made by the proper officer, and that Pierre Coudrain, whose name is subscribed thereto, was, at the time of subscribing the same, notary public for Orleans parish, duly appointed and commissioned, and full faith and credit are due and ought to be given to his official acts accordingly.
(Revenue stamp.)
By the Governor:
S. Wrotnowski, Secretary of State.