Reports of the revolt reach San Carlos--American Minister sends
assistance--Chilian Government despatches forces for the Straits--The
Virago--Fears of the inhabitants of San Carlos--I deliver the Florida
to the Chilian authorities--Arrival of the E. Cornish--The Virago
takes the prisoners and treasure--Passage to Valparaiso--Protest and
claim of salvage--Mr. Duer--Don Antonio Varas--Injustice done me by
the Chilian government--The British Admiral claims the treasure--I
protest again--Compromise--Don Antonio denies all claim--My claims
put into the hands of the United States Authorities.
Early in January, about a month before our arrival, the news of the
insurrection in the Straits had spread some alarm through San Carlos
and other southern Pacific ports. The first report was brought by two
of the soldiers who escaped from the colony with the governor, and had
not been captured by Cambiaso. They had witnessed the capture of the
Florida and the Eliza Cornish, from their hiding place among the bushes
around the cantonment; had even lurked in the vicinity long enough to
witness the embarkation of the colonists and the abandonment of the
colony; then, through incredible hardships, had found their way to
the Pacific coast, been taken off from thence by some passing vessel,
and carried to San Carlos. Their report was that Cambiaso had turned
pirate, and was coming to San Carlos to take the port.
The intelligence they brought had been transmitted to Valparaiso,
with a description of the vessels; both of which were said to belong
to the United States. Additional forces had been sent to San Carlos,
and an official communication sent from the commander general of
marines, at Valparaiso, to the American consul there, and from thence
to colonel Balie Peyton, the American Minister at Santiago. Col. Peyton
immediately sent orders to Callao that the U. S. frigate “Raritan”
should proceed in search of the two vessels; and a request was also
sent to the English Admiral at Valparaiso, that the “Virago” might
be allowed to go again to the Straits, and render such assistance to
the colonists and vessels as might be needed. Some French and Swedish
vessels then in port also went out on the search.
The Chilian authorities despatched two Chilian men-of-war, and some
Chilian troops under Don Santiago Jorge Bynon. The troops were put on
board the Chilian men-of-war; the latter on board the Virago, on the
same service. The English steamer proceeded immediately to the Straits,
and it was to be hoped that her officers would learn a lesson from
experience, and prove themselves more sharp sighted than they had done
a month before, in their former visit to the colony.
The news that the Florida had arrived off the entrance of the harbor
filled the people of San Carlos with consternation, which not even
the sight of the American flag and my signals of distress served to
dissipate entirely. We lay off the harbor some six or seven miles from
the town, with the wind ahead, blowing off from the harbor, and the
tide against us.
[Illustration]
About sunset, a boat came near us with six persons in her, and lay
on her oars within hailing distance. Some one from her hailed us
in English, and asked where we were from. This boat had in her the
captain of the port, who had put off to reconnoitre, and now seeing so
many people on deck, was afraid to come nearer. I answered him from
the Florida, saying that I had come into the port in distress, having
Cambiaso a prisoner on board, and that I was anxious to go on shore at
once to see the Intendente of the port, and deliver up my vessel to
him; as I was unable to protect it any longer. This relieved his fears,
and he came alongside. I had prepared every thing for my leaving the
vessel in safety; knowing that the prisoners would not dare to make
another outbreak within the harbor, with the guns of the Chilian war
vessels around them. The captain of the port left a pilot on board,
and took Mr. Dunn, captain Avalos, and myself into his boat. We were
landed on the quay at about nine o’clock.
We went immediately to the Intendente, the captain of the port
accompanying us almost on a run, shouting out as he passed through
the streets, “Cambiaso is taken!--he is here!--he is a prisoner!” By
the time that we reached the Intendente’s house we were surrounded
by a crowd of the inhabitants of San Carlos, asking questions and
shouting out their exultation. Our arrival had excited such alarm that
the troops had been ordered out. I told my story to the Intendente,
representing to him the worn out condition of my crew, and the
necessity there was for sending them immediate aid. He sent at once
for the commander of the forces on shore, and the captain of the
Chilian vessel of war, “Indefatigable,” then lying in the harbor.
They agreed that the troops and the Indefatigable should immediately
take possession of the Florida; and by twelve at night, a guard of
twenty-five soldiers, with their officer, was placed over the prisoners
on my vessel, while the Indefatigable lay by her side.
As we left the Intendente’s house, Mr. Dunn was greeted on every side
by warm friends, all rejoicing to see him alive once more, and eager
to hear our story and to extend the hospitalities of their houses
to us. Indeed, during the few days that I remained in San Carlos I
experienced the greatest hospitality and kindness from the inhabitants
of the place. Every house was thrown open to me and to my friends; our
immediate wants of clothing and personal comforts supplied; and every
thing done to make us look back to the time passed there with grateful
remembrance.
I experienced here a singular result from the great anxiety and
excitement which I had undergone. Instead of being overcome with
fatigue, and enjoying the rest which I so much needed, and for which
I had so longed, my state of excitement continued. I scarcely needed
rest, and sleep seemed to have fled from me entirely. For the first
three nights after leaving the vessel I could not close my eyes.
My intention before reaching San Carlos had been to report myself
immediately to the American consul, or to any one holding authority
from the United States whom I might find there, and follow his advice
in regard to the steps to be taken to deliver the prisoners, treasure,
and vessel into the hands of the government of Chili; but I was told
by the captain of the port that no American consul was in the place. I
then inquired if any vessel of war belonging to the United States was
in the harbor, intending to claim its assistance. There was none; and
my next step was to seek the Intendente of the port. In my conversation
with him I told him that my wish was to deliver up every thing into
the hands of the Chilian authorities as soon as I could do it. He told
me that no one in San Carlos had power to take the vessel in the name
of the government; to find any one authorized to do this. I must go
to Valparaiso. To attempt this without further aid would be, I felt,
to risk the lives of my crew and passengers; therefore I accepted the
offer of the Intendente to take the prisoners and treasure from the
Florida and send them to Valparaiso in some Chilian vessel of war then
in harbor, with the understanding that on reaching that port, I was
then to deliver every thing into the hands of the government.
The next morning, while preparations were making to transfer Cambiaso
and Garcia, together with the treasure, to the Indefatigable, the
Virago and Metero were reported as coming into the harbor.
The English steamer had then been successful in her search for the
Eliza Cornish, and she now seemed inclined to follow her orders to
the letter, and take the Florida _wherever she might find her_; for
immediately on entering the harbor, captain Stewart, with two armed
boats, went alongside my vessel;--then, not finding me there, he left
the boats lying at the side of the vessel, while he came on shore and
to the house of the Intendente.
Here I met him; when he told me that he had orders to take my vessel
wherever he found her. I answered that he could not take her, as I
had her myself; when with something of what seemed to me high handed
insolence, he insisted on his right and his orders.
I told him plainly that I gave up the vessel, treasure, and prisoners
to no one but to the Chilian authorities; that if he took them it
must be by order of the authorities; and that I should protest, both
here and in Valparaiso, against his taking possession of the Florida.
This was all I could do; for I found no disposition on the part of
the Intendente or of any other officials at San Carlos to back me
in my protest. They all seemed to stand somewhat in awe of captain
Stewart; or, to speak more properly, of the British lion, whose might
he represented. Captain Stewart left me for a while, and soon after
returned to the Intendente’s, bringing with him commander Bynon, who
had sailed with him in search of us, being appointed by the Chilian
authorities chief of the naval expedition to the Straits sent for our
rescue. To him I repeated what I had said to captain Stewart. He heard
me with attention and politeness, and assured me that I should be
satisfied and all my just claims regarded.
After some consultation, it was decided by the authorities at San
Carlos, commander Bynon, and captain Stewart, that the ringleaders and
the treasure should be transferred to the Virago, and that aid should
be sent to the Florida, to guard the prisoners remaining there, and
navigate the vessel to Valparaiso.
I was able to learn but little of the re-taking of the Eliza Cornish,
and the rescue of the colonists left at Wood’s Bay, merely having one
hurried conversation with my old fellow prisoner, the English mate,
about the subject. He told me that the morning after Cambiaso drove him
in shore, at Wood’s Bay, and forbade him to follow the Florida, the
forty colonists left on the land hailed him, entreating to be taken on
board; but having already two hundred crowded into his vessel, he was
afraid to do it, and indeed it was not allowed by those on board. He
therefore was obliged to abandon them, and, getting under way, beat
to the westward. After beating west for about two days he met the
English steamers, which immediately sent two armed boats to board the
E. Cornish, and took her as a prize. I was told by a sailor from the
Virago, that the moment the boats came along side, the mate and crew
sprang into her, so glad were they of any chance of escape.
The leading rebels were taken from the E. Cornish in irons, and put on
the Virago, while a prize master and fresh crew were sent to the brig,
and she was anchored in the Straits. The Virago then proceeded to the
eastward, took up the colonists left at Wood’s Bay, then went on to
Sandy Bay Colony in search of us; but failing to find us, returned,
took the E. Cornish in tow, carried her out of the Straits about three
hundred miles, and then let her go under sail, in company with the
Virago, for Valparaiso. On their way they had kept a constant look out
for us, searching every harbor, as the impression was strong with them,
that Cambiaso would attack the South Pacific ports.
By Tuesday, the 17th, we were ready for sea; and I must do captain
Stuart the justice to say, that during the two days of preparation he
rendered me every assistance in his power. Four seamen, a boatswain,
and one officer were transferred to the Florida from the Virago, to
assist my exhausted crew; and as both vessels were ready for sea at the
same time, captain Stuart towed my vessel above forty miles out. In the
evening of the 17th, a fair breeze springing up, we parted company.
During most of the passage up we had a fine breeze and pleasant
weather. The steamer was to touch at Valdivia, and other places on the
coast, so that I got ahead of her; and by Sunday, the 22d, I was off
Caruma head, just south of Valparaiso. Here we had light, baffling
winds, and were obliged to lay over till the next morning. About eight
o’clock A. M. on Monday, the steamer was seen south of us, coming up
the coast, with the Eliza Cornish in tow.
I then had all my sails clewed up, set the American ensign at the mizen
top-mast head, and fired two four pounders, to draw the attention of
the steamer. She soon bore down for us, took us in tow also, and by two
o’clock in the afternoon, of February 23d, we anchored in the harbor of
Valparaiso.
On my arrival, I immediately went to the United States Consul,
Mr. William Duer, and through him transmitted to the Intendente of
Valparaiso, commander Robert Simpson, my abandonment of the Florida. In
reply I was informed by commander Simpson that he had no authority to
accept the vessel, but that the subject had been referred by him to the
government at Santiago.
The prisoners were landed from the Virago, and the ringleaders
delivered into the hands of the law; but the treasure was transferred
to the Eliza Cornish; and I learned that it was claimed by the English
admiral, and surrendered to him by the Chilian government; and that
it was to be sent at once to England, without being landed at all in
Valparaiso.
Upon learning this, I immediately entered a protest before the
American consul, Mr. Duer, against the seizure of the Florida, and
claimed salvage on the treasure rescued by me from the hands of the
pirates. On the 28th, Mr. Duer received a communication from commander
Simpson, under the order of Don Antonio Varas, the Minister of Foreign
Relations of the Chilian government, wishing to know fully the reasons
on which I founded the abandonment of my vessel, in order to determine
whether the government should give orders to take possession of the
vessel in the name of the State. I then requested Mr. Duer to call a
survey on the Florida, for the purpose of ascertaining her present
condition and the probable cost of putting her in sea-worthy condition.
Captains Phineas Leach and Joseph Carries, with Mr. George K.
Stevenson, master ship carpenter, were directed by Mr. Duer to proceed
to the Florida, make an examination of her state, and report to the
consulate. They reported, after a minute calculation, the cost of
putting the vessel in a sea-worthy condition to be over four thousand
dollars. This report, with my own protest made before the consul,
giving an account of the seizure of the vessel, Mr. Shaw’s barbarous
murder, my imprisonment, the forcible detention of our private
property, the re-capture of the vessel, its arrival in San Carlos, my
delivery of it into the hands of the authorities there, the transfer of
the prisoners and treasure to the Virago, our passage to Valparaiso,
&c. &c., and claiming salvage on the treasure and restoration of the
personal property of myself, passengers, and crew, I transmitted to Don
Antonio Varas, at Santiago.
While waiting for some notice of these communications from the
government authorities, I found that the Eliza Cornish, having the
treasure on board, was preparing for sea, under the orders of the
British admiral, and that no steps were being taken by the Chilian
authorities to claim the treasure. I therefore caused process to be
issued to prevent the sailing of the vessel, in order to obtain an
adjudication in the courts of Chili for the salvage to which I was
justly entitled, for the re-capture of the treasure. But although there
was ample time to execute this process and prevent the removal of the
treasure and though I did every thing in my power to cause this to be
done, yet the E. Cornish was permitted to sail for England.
This was either from the gross neglect, or the wilful default of the
officers entrusted with serving the process; and I myself firmly
believe that the neglect was wilful, and that it arose from the
unwillingness on the part of the Chilian government to come into direct
collision with the British admiral. Nay, more: I have every reason to
believe that many articles of personal property belonging to myself, my
passengers, and my crew, were also on the E. Cornish; for the prisoners
had in their possession at the time we came into San Carlos all our
wearing apparel, weapons, and so forth; all of which were transferred
to the Virago with the prisoners, and which, I was told at San Carlos,
should be carefully restored to me on reaching Valparaiso,--but which
I never could trace afterwards. Of my own personal effects I never
received any thing but one pistol.
It was at this time I made the attempt to recover the ring taken from
Mr. Shaw’s finger at the time of his death--offering a reward to any
one who would bring it to me. I had heard that it was seen on the
finger of one of the women brought to San Carlos in the E. Cornish.
Finding no disposition on the part of the government to attend to
my written communications, I went to Santiago on the 14th of March,
accompanied by Mr. Duer, for the purpose of having a personal interview
with our Minister, colonel Peyton, and with Don Antonio Varas.
By the advice of colonel Peyton and Mr. Duer, I addressed a letter to
Don Antonio, under date of March 19th, recapitulating the grievances
under which I had labored; submitting my claims, together with my
protest, and appealing to the honor of the government to see that I
should not suffer from the removal of the treasure, since it had arisen
from the neglect of their own officers. I also submitted, that had I
not recovered it, the Chilian government would have been bound to make
the amount good to the owners; and that at great hazard to my life, I
had rendered such service to the State as no great nation permits to
pass unrewarded.
In reply to this, an interview was appointed by Don Antonio Varas, for
the next day, with Mr. Duer and myself. We went at the time appointed,
and found the Minister unwilling to allow any claim for damages
sustained, either in person or property, during the time the Florida
was in the hands of the rebels, or for salvage on the treasure; but he
acknowledged the obligation of the government to pay for the use of the
vessel for the time she was in its service. He however postponed the
decision of the case until Monday, the 22d, at which time he appointed
another interview. Mr. Duer and myself were at his office at the time
appointed, but were put off again until the next day. On Tuesday, we
held another conversation with Don Antonio Varas, if possible, more
unsatisfactory than the first, for not the slightest hope of relief was
held forth.
Despairing of obtaining justice, I returned to Valparaiso, and, on
the 27th of March, advertised for money on bottomry, to repair the
Florida and enable her to proceed to sea. I was forced to do this, as
I had literally nothing wherewith to pay the wages of my crew, much
less repair the vessel. The advertisement for bottomry remained in
the Daily Mercuria, of Valparaiso, until April 3d, when, no proposals
having been received, I was forced to put the barque up for sale, and
advertised her on the 7th. The next day, the 8th, Mr. Duer addressed
another letter to the Minister, Don Antonio Varas, in which he proposed
a compromise. This was done to avoid the necessity for the sale of
the vessel, and in hopes that an appeal to the sense of honor of the
government might have its effect. Mr. Duer, at first protesting that
in making this offer he by no means admitted, either for himself or
for me, that my claims were not in all respects just and sound, went
on to say that the price paid for the use of the vessel, in taking
the prisoners to Magellan, was much less than it would have been had
not the Florida been bound to the United States, via Rio Janeiro, and
therefore could stop on her way at Magellan with comparatively little
loss or expense. Nevertheless, he offered to accept for the use of
the vessel, from the time of her arrival at Magellan till she reached
Valparaiso again, a sum per day equal to that which she received
according to the contract made from Valparaiso to Magellan, with the
addition of ten per cent. The claim for salvage on the specie was not
waived, nor the compensation for my personal services. The personal
losses of Mr. Buela, the mate, and crew, were ascertained by Mr. Duer,
and stated at what he considered a low and reasonable amount.
I was induced to make the offer of this compromise, from my desire to
do the best in my power for my owners, and from my sense of the great
sacrifice to them which the forced sale of the vessel would cause;
and also from my utter inability to meet any more delay, or incur any
further expense, destitute as I was of even the necessaries of life,
and dependent as my crew were upon me.
This letter was dated April 8th; but no answer was received until
the 24th. In the meantime, proposals for the purchase of the vessel
were made by Messrs. F. A. Richardson & Co., offering the sum of
two thousand eight hundred dollars for the barque. The vessel being
advertised for sale on account of whom it might concern, and this being
the highest offer received, of course it was accepted.
On the 24th, Mr. Duer received a letter from Don Antonio Varas,
denying the right to any claim for services rendered or losses suffered
in consequence of the acts of the revolted colonists, and proposing
that in order to determine the time during which the Florida should
be considered as employed in the services of the government, an agent
should be employed to go between me and the government.
He waives all examination of the estimate formed in Mr. Duer’s letter,
of the amount to be allowed as claimed by the Florida; he takes leave
to observe that Mr. Duer takes it for granted that the Florida was in
the service of the government not only during the time she was sailing
under the orders of the authorities of Chili, but also the period she
was in the power of the insurrectionists; and that the personal losses
of the captain, sailors, and passengers are included in the claim;
whereas they should be considered as resulting from the acts of the
rebels, which the government is not responsible for.
With an excuse for his delay in answering Mr. Duer’s letter, founded
upon his absence from the capital for a few days, and other urgent
occupations, he signs himself, “Your obedient servant, Antonio Varas.”
On receiving this letter, Mr. Duer joined me in entering a protest at
the consulate, against the injuries and damages I had received at the
hands of the Chilian government, and the affair was put in the hands of
our government authorities, where it now remains.