Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress

Proceedings of a military commission, convened in obedience to the following orders:

[Special Order No. 16.—Extract.]

Headquarters District of the Rio Grande, Assistant Adjutant General’s Office, Brownsville, Texas, November 24, 1865.

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4. A military commission is hereby consituted to assemble on Monday the 27th day of November, at 11 o’clock a. m., at the headquarters first division 25th army corps, and thereafter at the call of the president of the commission, at such time and place as he shall direct, to investigate and report upon the alleged pillage of the shipwrecked French merchant vessel Le Verrier, in front of Bagdad, Mexico, on the 4th day of February last, and the firing upon her crew by soldiers of the United States stationed at Brazos Santiago.

The commission will use every exertion to make a thorough investigation, and forward their proceedings to these headquarters as early as practicable.

Detail for the commission: Brevet Major General Giles A. Smith, commanding first division 25th army corps; Colonel Thomas Bayley, 9th United States colored troops; Lieutenant Colonel R. G. Morrison, 34th Indiana veteran volunteers; Second Lieutenant A. H. Adams, 35th Wisconsin infantry volunteers.

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By command of Major General Weitzel:

D. D. WHEELER, Assistant Adjutant General.

Brownsville, Texas, Monday, November 27, 1865—11 a. m.

The commission met pursuant to the above order. Present, Brevet Major General Giles A, Smith, commanding first division 25th army corps; Colonel Thomas Bayley, 9th United States colored troops; Lieutenant Colonel R. G. Morrison, 34th Indiana veteran volunteers; Second Lieutenant A. H. Adams, 35th Wisconsin infantry volunteers.

The commission was then duly sworn by the recorder, and the recorder by the president of the commission. After the reading by the recorder of a communication from the honorable William H. Seward, Secretary of State, to the honorable E. M. Stanton, Secretary of War, as also the translation of a report from Captain G. Gautret, of the Le Verrier, and all the papers in relation thereto, the commission adjourned to meet at 10 a. m., November 28, 1865.

November 28, 1865—10 a. m.

The commission met pursuant to adjourment. Present, all the members. The proceedings of November 27 were read to the commission by the recorder, and approved.

Captain S. C. Montgomery, 34th Indiana veteran volunteers, a witness, was duly sworn

Question by the recorder. What is your name, rank, and regiment?

Answer. S. C. Montgomery, Captain 34th Indiana veteran volunteer infantry.

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Question by the recorder. Where were you on the 4th day of February last?

Answer. Commanding Boca Chica Pass, about three miles from Bagdad.

Question by the recorder. Do you know anything of the wreck of the French merchant vessel Le Verrier, on the beach near the mouth of the Rio Grande river? and if so, state what the particulars were, as far as you know.

Answer. On or about the 4th day of February last, there was a vessel wrecked on our beach, about two miles from my camp, on the American side of the Rio Grande. I frequently passed up the beach near to where this vessel was wrecked, and twice saw boats at the wreck; once while passing on the beach, and once while passing in a skiff. As I approached, the boats that were at the wreck went away toward the fleet of merchant vessels and men-of-war lying off the mouth of the Rio Grande. The wreck was lying on the beach for some ten or fifteen days, and from my quarters I could see, with a glass, boats there at various times, but do not know where these boats went to.

Question by the president. Do you know of the officers or crew of this wrecked vessel coming on shore?

Answer. I do not.

Question by the president. Do you know of any shots being fired by any United States soldiers toward the wrecked vessel, or any of the boats going to or from it?

Answer. I do not.

Question by commission. Do you know of any property being brought on shore from the wreck, by anybody?

Answer. I know of a small piece of sail being taken off a spar that had washed ashore, by soldiers, and used by them for a tent.

Question by the recorder. What orders had you given your men at this time?

Answer. The Boca Chica was between my camp and the wreck, and I had given the men positive orders not to cross the same, unless on duty as escort for the water train or Texan refugees.

Question by the recorder. Was this piece of sail cloth demanded by any person belonging to the wreck?

Answer. It was not; though I gave orders to have it kept whole, as it might be required to be turned over at any time.

Question by the recorder. Did you see any other soldiers than those belonging to your command in that vicinity; and if so, who were they, and to what command did they belong?

Answer. They were details from the 87th and 62d United States colored troops, and the 34th Indiana veteran volunteers, who were sent over to gather wood.

Question by commission. Did you receive any orders at any time from Colonel Jones, commanding at Brazos Santiago, in regard to this wreck?

Answer. I received orders from Colonel Jones some days after the vessel was wrecked, to gather up what cotton came ashore on our beach, and to bring it across the Boca Chica, from there to be taken to Brazos, to be properly disposed of.

Question by the recorder. How much cotton did you gather up under these orders?

Answer. Seventeen bales; yet five of these bales were washed away the same night by a “norther,” and were lost; the remaining twelve bales were taken to Brazos.

Question by commission. Was there any other property taken or collected by you, otherwise than the cotton bales, from the wreck or along shore?

Answer. There was not.

Question by commission. Was there any cotton or other property taken by other parties to any other place from the wreck; and if so, to what place?

Answer. I did not see any being taken, but saw where property had been loaded on wagons, and taken toward Bagdad.

Question by commission. Could you judge whether the boats passing to and fro, from the fleet, were loaded; and if so, with what?

Answer. I could not tell whether the boats took anything away, but I saw the men from these boats at work on the wreck.

The testimony read to witness, and found to be correct.

First Lieutenant J. B. Rush, adjutant 34th Indiana veteran volunteers, a witness, was duly sworn:

Question by the recorder. What is your name, rank, and regiment?

Answer. J. B. Rush, first lieutenant and adjutant 34th Indiana veteran volunteer infantry.

Question by the recorder. At what place were you, and what position did you occupy, on or about the 4th of February last?

Answer. I was at Brazos Santiago, Texas, and was acting assistant adjutant general for Colonel Jones, commanding post.

Question by the recorder. Do you know anything of a French merchant vessel, the Le Verrier, wrecked on our coast near Bagdad, at the time?

Answer. I knew of a French vessel being wrecked at that time, between Boca Chica and Bagdad, on the American side of the Rio Grande.

Question by the recorder. Will you please state, to the best of your ability, all the particulars you know concerning that wreck?

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Answer. Captain Fussell, 34th Indiana veteran volunteers, had been sent with a detachment of his regiment, beyond the Boca Chica, to the main land, for the purpose of gathering wood. On his return, he reported to me, as acting assistant adjutant general of the post, that he had found a vessel that had gone ashore, not stating name; that he saw a boat approaching the wreck from toward Bagdad, loaded with men. When the boat came within a short distance from the wreck, the crew shouted, seemingly to Captain Fussell, “Pirates,” and requested him to drive them away, which he did by discharging a few shots over their heads. He then left a guard over the wreck, and reported to headquarters of the post for orders. This being reported to Colonel Jones, commanding, he directed the guard to remain, allowing no persons to approach the vessel until further orders. Myself and Post Quartermaster C. H. Dickinson, assistant quartermaster, were directed by Colonel Jones to see if we could go to the wreck, and to ascertain what disposition could be made of the cargo. Arriving at Boca Chica, we met a Frenchman who represented himself to belong to the firm to which the vessel was consigned, residing in Matamoras. I do not recollect his name. He applied to have the guard relieved, and to allow the owners to do their own wrecking. He accompanied us back to Brazos, where I gave, by direction of Colonel Jones, an order to relieve the guard, and to allow the owners to wreck the vessel. He expressed himself pleased with the manner in which Captain Fussell had driven away the small boat, and protected the cargo.

Question by the recorder. Where is Captain Fussell now?

Answer. He has resigned, and lives in Indiana.

Question by the recorder. Was the statement of Captain Fussell, given above, an official report?

Answer. It was; and I have given it as nearly as I can recollect his words.

The testimony read to witness, and found correct.

The commission adjourned to meet at 10 o’clock a. m., 30th instant.

November 30, 1865—10 a. m.

The commission met pursuant to adjournment. Present, all the members.

The proceedings of November 28 were read to the commission by the recorder, and approved.

The commission adjourned to meet at 10 o’clock a. m., December 2, 1865.

Saturday, December 2, 1865—10 a. m.

The commission met pursuant to adjournment. Present, all the members.

The proceedings of November 30 were read to the commission by the recorder, and approved.

Sergeant Samuel F. Arnold, sergeant 34th Indiana veteran volunteers, a witness, was duly sworn:

Question by the recorder. Where were you on the 4th day of February last?

Answer. I was with a detachment of the 34th Indiana volunteers, sent to gather wood between the Boca Chica and Bagdad.

Question by the recorder. Do you know anything of the wreck of a French merchant vessel, Le Verrier, near the mouth of the Rio Grande, at that time? and if so, state what you know of the circumstances.

Answer. I know of three boats having beached between the mouth of the Rio Grande and Boca Chica, on the American side. One of the boats was got off, still leaving two. As we came near the wreck of the largest vessel the detachment of the 62d United States colored troops was in advance of our detachment. Captain Fussell, commanding, had a squad in advance, and when I came up he had stationed a guard around the boats. I asked him what that was for. He replied that the captain of the wrecked vessel had stated to him that men from Bagdad were trying to get on the vessel, and this guard was to protect against it, being placed by request of the captain of the wrecked vessel; he then ordered me to commence gathering my wood along the beach.

Question by commission. Do you know of any firing; and if so, by whose orders?

Answer. There was no firing after I arrived, but I heard firing before I reached the vessel first.

Question by commission. Did you learn the cause of this firing; and if so, by whom was it done, and how did it occur?

Answer. Captain Fussell stated to me or my arrival that it was to prevent pirates from, coming to the wrecked vessel, and that it was done by request of the captain of the wrecked vessel.

Question by commission. Were the captain and crew of the wrecked vessel on shore at the time of your arrival?

Answer. They were.

Question by commission. Did you see or know of any property having been brought ashore by the crew?

Answer. I did not.

Question by the recorder. Are there any of the guards placed by Captain Fussell around the vessel now in your company?

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Answer. There are none to be found; as well as I can learn they were one-year recruits, and have been discharged.

Question by commission. Did you see any boat frond any quarter passing to and fro from the wrecked vessel?

Answer. I saw eight or ten small boats apparently hovering around the wreck to see what could be picked up from it, and coming from towards Bagdad.

Question by commission. Do you know of any instruments or effects belonging to the wrecked vessel being brought into your regiment, or the command at Brazos?

Answer. While gathering wood I saw a trunk floating about a mile below the wreck, which was taken from the water by one of the men of my party. It was taken to camp and found to contain a linen coat and pants, a few white shirts, and other articles of summer apparel.

Question by commission. Were there any officers or men of the wrecked vessel at or near the place where this trunk was picked up?

Answer. I did not see any.

Question by commission. Do you know of this trunk coming originally from the wrecked vessel?

Answer. I do not.

Question by commission. Was this trunk demanded by the officers or crew of the wrecked or any other vessel?

Answer. Not to my knowledge.

Question by commission. Would you as a sergeant, with your opportunities of mixing and talking with the men of your regiment, be likely to know if any valuable instruments, or other property belonging to this vessel, had been brought into your camp?

Answer. I do not think, if such property had been brought in, that the information would have been given to the non-commissioned officers.

Question by commission. Do you know of any instruments belonging to the wrecked vessel being brought into camp, or any other valuable property, aside from the trunk?

Answer. I do not.

Question by commission. Who held the ground between the Boca Chica and Bagdad?

Answer. Our lines extended only to Boca Chica; from there to Bagdad was in possession of the confederates.

Question by commission. Was there any communication between Boca Chica and Bagdad other than by armed parties?

Answer. Not to my knowledge.

Question by commission. Were you frequently out on duty gathering wood, or as escort?

Answer. I was.

Question by commission. What were your orders while on such duty?

Answer. To be careful about being surprised by the rebels; when advancing we always had skirmishers in the front, and when halted for a time had out pickets.

Question by commission. Was that considered necessary on account of the nearness of the enemy?

Answer. It was.

The testimony read to witness and found correct.

The commission adjourned to meet at ten o’clock a. m., December 4, 1865.

Monday, December 4, 1865—10 a. m.

The commission met pursuant to adjournment. Present, all the members.

The proceedings of December 2 were read to the commission by the recorder and approved.

First Lieutenant J. B. Rush, adjutant 34th Indiana veteran volunteers, recalled:

Question by the recorder. State the position of our army at Brazos, and how far towards Clarksville our lines extended.

Answer, The whole army in Texas was encamped at Brazos; our lines extended only to the Boca Chica, which is three of three and a half miles from Clarksville.

Question by the recorder. Was the ground from Boca Chica to Clarksville held by the confederates?

Answer. It was; and when wishing to communicate with Clarksville it was done by armed parties, who frequently had skirmishes with the enemy.

Question by the recorder. How far from the encampment at Boca Chica was the nearest encampment of the confederates?

Answer. About four miles.

Question by the recorder. Was it on the beach of this disputed territory that this French vessel was wrecked?

Answer. It was.

Question by the recorder. Do you know of any property, brought ashore by the crew of this vessel, being taken by our officers or soldiers and brought to camp?

Answer. I do not.

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Question by the recorder. What was Captain Fussell’s reputation as a cautious and reliable officer?

Answer. He was an excellent officer; a Quaker, and scrupulously conscientious in the execution of every duty.

Captain S. C. Montgomery, 34th Indiana veteran volunteers, recalled:

Question by the recorder. You were in command of the advanced guards at the Boca Chica?

Answer. I was.

Question by the recorder. By whom was the ground held between the Boca Chica and Clarksville?

Answer. It was an intermediate space between our lines and the confederates.

Question by the recorder. Was this intermediate ground frequented by confederate soldiers?

Answer. It was.

Question by the recorder. Could they come as near your lines as the wrecked vessel?

Answer. They could, and we have had skirmishes with them even nearer.

Question by the recorder. How is Clarksville situated with reference to Bagdad?

Answer. Bagdad is on the Mexican side of the Rio Grande, at its mouth. Clarksville is immediately opposite, on the American side of the river.

Question by commission. Were all detachments sent across the Boca Chica obliged to cross at your camp?

Answer. They were.

Question by commission. Have you read the statement of Captain G. Gautret and crew to the consul at Matamoras?

Answer. I have.

Question by commission. Do you know of any of the alleged outrages contained therein being true?

Answer. I do not.

Question by the recorder. Do you know of, or did you hear of, any firing on the wreck, or any boats passing there, subsequent to the firing by Captain Fussell on the 4th instant?

Answer. I do not know and did not hear of any.

Question by the recorder. Could the amount of valuable property reported by Captain Gautret to have been taken by United States soldiers have been carried across the Boca Chica and by your camp without your knowledge?

Answer. I do not think it could. All the crossing of the Boca Chica was by the ferry, over which I always kept a guard.

First Lieutenant James E. Kelly, 34th Indiana veteran volunteers, a witness, was duly sworn:

Question by the recorder. What is your name, rank, and regiment?

Answer. James E. Kelly, first lieutenant, 34th Indiana veteran volunteers.

Question by the recorder. Where were you on the 6th day of February last?

Answer. At the Boca Chica, with Captain Montgomery, who was commanding the guard there.

Question by the recorder. Do you know to what arm of the service the confederates belonged that were camped about four miles from the camp at the Boca Chica?

Answer. They were cavalry.

Question by the recorder. Could this confederate cavalry come near the wreck without hindrance?

Answer. Very easily.

Question by commission. Captain Gautret states that, on the night of the 6th instant, the federal soldiers, “revolver in hand,” forced aim to leave his encampment. Would not such an armed party more naturally be supposed to come from the confederate cavalry than from the United States soldiers, who were not so armed?

Answer. It would. Many of the confederates were dressed in federal uniforms.

Question by commission. Under these circumstances, would not these confederates have been mistaken for federals, especially by a foreigner?

Answer. They might easily, as I had been mistaken myself in a squad of them only a few days previous.

The testimony was read to the witness and found correct.

The commission adjourned to meet Wednesday, December 6, 1865.

Wednesday, December 6, 1865—10 a.m.

The commission met pursuant to adjournment. Present, all the members.

The proceedings of December 4 were read to the commission by the recorder, and approved.

John S. Silver, private, company C, 34th Indiana veteran volunteers, a witness, was duly sworn:

Question by the recorder. What is your name, rank, company, and regiment?

Answer. John S. Silver, private, company C, 34th Indiana veteran volunteers.

Question by the recorder. Where were you on the 4th day of last February?

Answer. With a squad of men sent to gather wood beyond the Boca Chica.

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Question by the recorder. Were you present or near when Captain Fussell fired a volley? and if so, state upon what the fire was directed.

Answer. I was near at the time, and the fire was directed upon a lighter near the wrecked vessel.

Question by the recorder. Towards what point did the lighter proceed?

Answer. Toward the fleet.

Question by the recorder. How was the lighter situated in regard to the wrecked vessel, and boats proceeding thereto, when the firing took place?

Answer. Directly in line.

Question by the recorder. Might not straggling shots have hit the vessel or boats passing thereto from the shore?

Answer. They might.

Question by the recorder. Did you see or hear of any ship’s instruments being brought ashore at any time?

Answer. I did not.

The testimony read to witness and found correct.

The commission adjourned to meet at 10 o’clock a, m. Saturday, 9th instant.

Saturday, December 9, 1865—10 a. m.

The commission met pursuant to adjournment. Present, all the members.

E. Martelli, a resident of Matamoras, Mexico, a witness, was duly sworn:

Question by the recorder. What is your name and business?

Answer. E. Martelli, merchant, one of the firm of Y. Prestat & Co., Matamoras, Mexico.

Question by the recorder. Where were you on the 4th day of February last?

Answer, I was at Brazos, the captain of the Le Verrier having sent for me to come down the day previous to see about the wreck.

Question by the recorder. What connection did you have with this vessel, or why were you sent for by the captain?

Answer. I was consignee of the vessel.

Question by the recorder. In what condition did you find the vessel? and state particulars as far as possible.

Answer. When I arrived the vessel was a wreck, and was in possession of a squad of federal troops, who said they were placed there to guard the vessel from being plundered. I then went immediately to Brazos to see Colonel Jones about getting an order to deliver the vessel to the owners, to do their own wrecking, which order was granted. So I took the order and showed it to the sergeant of the guard over the wreck, who said it was all right, and he would tell the officer of the guard. I then carried the order to Bagdad, to the firm of Eloseggi & Majoral, who were to do the wrecking, after which I know nothing further than what I heard by reports.

Question by recorder. From what port was this vessel cleared?

Answer. From New Orleans; but at the time of the wreck was loading at Bagdad for Liverpool, being anchored outside the bar.

Question by the recorder. Did you see or hear of any ship’s instruments being brought ashore or on shore while you were at the wreck?

Answer. I did not. All that was on shore was a few articles belonging to the crew.

The testimony read to witness, and found correct.

The commission adjourned to meet at 10 o’clock a. m. Wednesday, the 13th instant.

Wednesday, December 13, 1865—10 a. m.

The commission met pursuant to adjournment. Present, all the members.

The proceedings of December 6 and December 9 were read to the commission by the recorder, and approved.

There being no further evidence obtainable that, in the opinion of this commission, would aid them in arriving at the facts in the case, they, after maturely deliberating upon the evidence adduced, make the following report:

The commission have had great difficulty in obtaining any evidence bearing on this case.

The regiments stationed at Brazos Santiago, at the time of the alleged pillaging, &c., of this wrecked vessel, were the 34th Indiana veteran volunteers, the 62d and 87th United States colored troops. The former is the only one now present, the 62d United States colored troops being stationed at Fort McIntosh, seven hundred miles above here, and the 87th having been mustered out of service. It does not appear from evidence adduced that there was any other firing than was desired by the captain and crew of the wrecked vessel to drive off “pillagers,” there being several boats hovering around the wreck, and it is possible that a few straggling shots might have come near the captain, proceeding thereto in a boat, they all being directly in line with the fire.

The character of Captain Fussell precludes any other opinion, and that if, as is alleged by the captain’s statement, there was any plundering done on the night of the 6th instant by soldiers, “revolver in hand,” it might more likely have been done by confederate cavalry, who frequented the locality, many of whom were dressed in the federal uniform, and armed [Page 377] with revolvers, the federal troops not being so armed. The camps of both federale and confederates were equally distant from the wreck.

The commission are also unable to discover from evidence on both sides that there was any other property brought ashore than what had floated along the shore, of little value.

The French vice-consul at Matamoras, having been timely notified that if he had any witnesses whose testimony would bear upon the case, or any other evidence he wished to submit to the commission, he would have an opportunity of doing so, he only sent Mr. E. Martelli, whose evidence appears in the proceedings.

The commission have allowed great latitude in both questions and answers, with the hope of eliciting information whereby some evidence more to the facts in the case might be obtained, but in vain. They are thus compelled to report upon what has been produced.

There being no further business the commission adjourned sine die.

GILES A. SMITH, Brevet Major General U. S. Vols., President.

ARCH. H. ADAMS, Second Lieutenant 35th Wisconsin Inf. Vols., Recorder.

[Untitled]

Headquarters District Rio Grande, Brownsville, Texas, December 21, 1865.

The proceedings and report of the military commission, hereto attached, convened for the purpose of investigating the alleged pillaging of the shipwrecked merchant vessel Le Verrier, and the firing upon her crew, are approved and respectfully forwarded.

G. WEITZEL, Major General Commanding.

[Untitled]

Headquarters First Division Twenty-fifth Army Corps, Brownsville, Texas, December 18, 1865.

Sir: I have the honor to transmit herewith proceedings of a military commission, convened by special orders No. 16, headquarters district of the Rio Grande, dated Brownsville, Texas, November 24, 1865, together with the papers accompanying such order.

I have the honor to be, very respectfully, your obedient servant,

GILES A. SMITH, Major General.

Lieutenant Colonel D. D. Wheeler. Assistant Adjutant General.

[Untitled]

Headquarters District of the Rio Grande, Brownsville, Texas, December 23, 1865.

Major: I have the honor to enclose herewith, in compliance with indorsement from headquaters military division of the gulf, dated October 21, 1865, the proceedings of a board, appointed in obedience to the above indorsement, to investigate the case of the alleged pillage of the shipwrecked French merchant vessel Le Verrier, and the firing upon her crew by soldiers of the United States, in February last, off Bagdad, Mexico,

I am, sir, very respectfully, your obedient servant,

G. WEITZEL, Major General Commanding.

Major George Lee, Assistant Adjutant General Military Division of the Gulf, New Orleans, La.

[Indorsements.]

Headquarters Department of Texas, Galveston, January 3, 1866.

Respectfully forwarded with report of the commission which investigated the case. The original papers are also herewith.

H. G. WRIGHT, Major General Commanding.

[Untitled]

Headquarters Military Division of the Gulf, New Orleans, La., January 15, 1866.

Respectfully returned to the Secretary of War with accompanying report of a military commission appointed to investigate this case.

It appears that the schooner Le Verrier was protected by United States troops and robbed by those of the so-called Confederate States.

P. H. SHERIDAN, Major General Commanding.