Yet it was not all this enterprise that ultimately triggered the decline in Baratarian fortunes, but the old 1813 misdemeanor charge for violation of the revenue laws. Both Laffites were known to visit the city by night or in disguise for business and pleasure. Certainly Pierre paid conjugal visits to Marie at the house on Dumaine that she bought in April. Almost certainly he bought it for her, though it was in her name and he was not present for the transaction for obvious reasons. 21 Jean, too, was seen in the city enough that citizens came to refer to him as "Gentleman Lafitte" to differentiate him from the better known yet rough-hewn and now partly impaired Pierre.22 Most likely too many successful visits probably bred complacence—for on July 8 word of Pierre being in town reached the wrong ears. Almost at once Hall's court issued an order for his arrest on bail of $12,514.52 as a result of the outstanding judgment from the year before. The United States marshal acted swiftly, probably taking Pierre unawares at home. When Pierre could not post the bail immediately, he was locked in the city jail behind the Cabildo, the old administrative building on the Place d'Arms, and shackled in leg irons, with orders to go before the judge in ten days.23
The reaction was swift. The city press exulted, "ANOTHER EMPEROR FALLEN," ran one headline, comparing Pierre to the exiled Napoleon at Elba. Now a cell confined the man they dubbed "Emperor of Baratraria [sic], King of the smugglers." Jean's primacy among the privateers at Grand Isle was not so well known in New Orleans,24 where Pierre had been the public face of the brothers' enterprise. Spaniards in town felt equally exultant. "The infamous and mean Pirate Lafitte," Mateo Gonzalez Manrique reported to Apodaca, "has been arrested and jailed for the enormous crimes, offenses and other complaints against him."25 Pierre sat confined in a narrow and windowless ground-floor cell of the three-story calabozo, the door locked from the outside by a swing bolt.
Perceptive observers recognized that the old judgment and Pierre's failure to appear in court were merely pretext for getting him in jail when the opportunity presented itself. The real reason for Pierre's arrest was the death of John Stout, for which no indictment had been forthcoming for want of proof of who pulled the trigger. Manrique acknowledged this to Apodaca. "We do not ignore that the main complaint which caused his arrest and jail, is the American's spent blood, when firing against them," he reported. 26 From the Spaniards' viewpoint, it would have been much better had Laffite been arrested for violations of neutrality, which would have shown some acknowledgment by the Americans of Spanish rights. But an arrest was an arrest.
Moreover, the court now had witnesses who were willing to talk about what they had seen and done on Grand Isle and Cat Island. Since the indictment of Joachim in April, more had come forward, and to bring a serious indictment against Pierre and a number of others the authorities had merely to hold Laffite behind bars long enough for a grand jury to hear testimony. With ironclad evidence of not merely revenue violations, but outright piracy, the court could strike at the heart of the smugglers' enterprise, and perhaps get a conviction serious enough to make Pierre pay for Stout's death, even if they could not indict him for the crime.
On July 18 the federal court empanelled a new grand jury, with Paul Lanusse as chairman. This did not bode well for Pierre, for Lanusse still had pending a civil case against Pierre for his interest in the goods taken from the first prize captured by the Dorada the year before. Moreover, Lanusse had unsuccessfully attempted to gain a legitimate privateering commission from the government for his vessel the Cora, and thus had cause to resent unlawful corsairs such as the Laffites.27 He was a onetime president of the chamber of commerce, and a current director of the Bank of Louisiana and a leading merchant, and his business suffered proportionately from the unfair competition of the Laffites' contraband. Pierre could hardly expect leniency from Lanusse or a grand jury under his authority.28
The court told the grand jury that district attorney Grymes had no presentments for indictment in hand for them to consider, but went on to open the door for them to initiate presentments for possible indictments if they so chose. It was an invitation to bypass Grymes, who may have been perceived as too friendly toward the corsairs. Lanusse's jury retired, obviously prepared for this, and heard testimony from Whiteman and two others, then returned and offered its first preliminary presentment, a charge against "a certain Pierre Lafite now detained in the prison of this City, as a pirate Sc a notorious Smuggler."29 By mentioning piracy they were saddling Pierre with a serious federal charge. The only good news was that in spite of long-standing custom in the world, piracy was not a capital crime under federal jurisdiction—though that could change at any minute with Washington's increasing awareness of the problem.
Two days later the jury heard more testimony and returned a formal presentment against Pierre "for having knowingly & wittingly aided & assisted, procured, commanded, counselled & advised ... acts of piracy & robbery upon the high seas ... and for having received & repeatedly introduced goods, wares & merchandise arising from such piratical captures into this District."30 A week later the grand jury issued to the court a general statement making it clear that its action against Pierre was only the first shot of a battle it would wage against the Laffite establishment. It began by decrying the "piracy Sc smuggling so long established Sc so systematically practiced by many of the inhabitants of this state." The indulgence of the smugglers and privateers undermined local credit, injured the honest fair trader, drained the country of hard currency in wartime, and corrupted the morals of their citizens. Finally, the jury said, it "stamped disgrace on our state." The jury called on the public to suppress the illicit trade by "pointed disapprobation of every individual who may be concerned." Condemning "the feeble efforts that have been made by those whose immediate duty it was to correct the evil," the jury stopped short of questioning the motives of Governor Claiborne or United States revenue and military authorities, but did charge that had they used the full means available to them the criminals would have been stopped long since.31
Seeing the temper of the grand jury, Pierre's friends, probably managed by Jean, began efforts to get him out of jail. Posting the $12,514.52 would have posed no problem for them, but that covered only the original arresting charge. The court had not set bail on the new charges, and would not, for it knew the Laffites' history of jumping bail. The Laffites' lawyer at the moment was Louis Marie Elisabeth Moreau Lislet, a French refugee from San Domingue and former judge of Orleans Parish.32 On August 6 he filed an "ex Parte Pierre Lafitte" argument before the court, basing the plea for bail on a presumed recurrence of Laffites physical disability that made incarceration an intolerable hardship for him. Two days later Moreau brought in Dr. J. B. Trabue of Bourbon Street, who had probably treated Pierre for his symptoms in the past, and he testified on behalf of Pierre's medical plea.33
But Lanusse had been prepared for this and engaged two independent physicians to examine Pierre in his cell. On August 10 the jury received their written statement and testimony. They confirmed that at some time in the past Pierre had suffered a seizure or stroke, and was subject to intermittent fits of palsy and shaking on his left side. However, they found him entirely free of symptoms suggesting a relapse, and stated that his only apparent problem was depression, no doubt the result of the situation of the moment. Consequently, they saw no reason to recommend releasing him on bail or for removing the manacles "which have been applied as a means of security." Occasional exercise outside his cell was all he needed.34 The next day the jury denied bail.35 They would take no chances with Pierre Laffite.
Meanwhile the seriousness of the jury's intent became evident. Two days earlier the jury had indicted a privateer variously called Johanness or Johnny on a charge of piracy for his first prize taken while working for the Laffites, and with him "a certain Peter Lafite of the city of New Orleans, mariner" in that he "knowingly & willingly did assist, procure, command, counsel & advise the said Johanness the said Robbery piracy and felony to do & commit." Also cited in the indictment was Jann
et for the capture in February 1813 of the ship owned by Julian Ybarra and loaded with copper and coin, a matter on which Lanusse still sought restitution from Pierre. The specification listed thirteen others as codefendants, including Gambi, Lamé- son, and both Laffites. 36
From the moment he heard of Pierre's arrest, his brother's safety became Jean Laffite's first concern. With bail out of the question, however, Jean found his options limited. In ordinary times his friends might have stormed the jail and taken Pierre to safety, and this was still an option, but with a growing military presence in New Orleans thanks to the war, such a move carried risks. Jean first tried a far subtler approach that revealed his sure grasp of the social and political situation in New Orleans. He went to the press.
Some in the city believed that the Laffites, especially Pierre, enjoyed close relations with newspapermen, such as Hilaire Leclerc, a San Domingue refugee and ardent supporter of Napoleon who published and edited L'Ami des Lois?37 In this paper's pages sometimes appeared parodies defending the smugglers in the wake of public proclamations, and rumor said that Pierre Laffite was their author.38 Another refugee editor was Joseph C. de St. Romes, who published the Courier de la Louisiane. However, Jean decided to contact David McKeehan, the new owner and publisher of the Louisiana Gazette and New-Orleans Advertiser. It was a perceptive choice. As the names of their papers suggested, St. Romes and Leclerc published primarily for the Creole and refugee community, though each issue carried texts in both French and English. The Gazette, however, appeared only in English and was clearly aimed at the American population.
In a court run by Hall and Grymes, in a state run by Claiborne, and with a grand jury that had several American members as well as French, civil and legal power belonged to the Americans. Moreover, the French community was already sympathetic to the Laffites and their enterprise; it was the Americans whose favor Laffite needed to win. 39
A week after the indictments Jean Laffite wrote a letter to McKeehan. He wrote it in English, which presented a challenge, since even his written French was ungrammatical. Writing had always been Pierre's realm. "I am not accustomed to write for public eyes, nor well acquainted with the English language," Jean confessed, asking the editor to correct his text where necessary "and publish it for the benefit of our worthy friends." Then, rather than addressing the subject of Pierre, he aimed his words directly at the self-interest of New Orleans' consumers and at some of the allegations in the recent grand jury statement.
"It is the duty of every good man to prevent monopoly, as far as in his power," he opened, and therefore he begged to inform the public that "several rich prizes have lately been brought to Grand Isle (vulgarly called Barrataria) by the remains of my uncles faithful band of loyal subjects," a reference to the Frenchmen among the privateers whom Laffite now tried to link to Napoleon, though few if any of them had served the emperor. In a veiled barb at Lanusse, he went on to say that "a certain class of monopolizing gentry in and near this city" had tried to keep the arrival of the prizes a secret from the public, while themselves going to Grand Isle in search of bargains. "Now, sir," he continued, "as the public ought to generally share the profits of this advantageous trade, I have thought proper thus to address you." He emphasized that specie was not the only currency accepted at his auctions. "Bank note money of the Banks of New Orleans will be received for goods sold," he added, in spite of the "blind and stupid opinion of the late Grand Jury of this city, who stated that our trade contributed to drain the country of its specie." Exactly the opposite was the truth, he said. "We deal in specie instead of carrying it away."
Laffite could not close without impishly adding a suggestion. "Would it not be pro bono" he asked, "to establish a press in the Empire of Barrataria?" That way the public could regularly be informed of the latest arrivals and sales. He finished by signing himself "Napoleon, Junior." McKeehan published Jean's letter on August 18, but there seems to have been no immediate reaction or repercussion, nor would Jean have expected any.40 His best hope in writing the letter was to sway public opinion, his missive's none too subtle subtext being that if Pierre were convicted and Barataria broken up, everyone would be the poorer for paying more for their imported goods thereafter. Favorable opinion might make it difficult to assemble a jury that would convict, buying Jean some time to arrange to break his brother out of jail if necessary and move on, for Jean Laffite had come to the conclusion that his Barataria operation was finished.
The authorities in New Orleans were becoming too aggressive, with the American naval and military establishment increasingly a threat. Only the distraction of the war with Britain kept them from being even more vigilant. Business with New Orleans had been good, and could continue to be so even if the Laffites left Louisiana. Indeed, an affiliation with the new Mexican revolutionaries could give them genuine corsair commissions, and allow them a Mexican coastal base outside the reach of American interference. A court of admiralty there could condemn and clear for sale whatever their ships brought in, and then the Laffites and their brethren would be free to transport their goods to New Orleans and trade on the open market. Even if they paid customs duties, they could undersell the city's merchants since they would have paid nothing for the goods. Or Jean may have considered simply establishing a market on the Texas side of the Sabine River and inducing Louisiana buyers to come to sales there, meaning he and his associates could avoid American waters altogether. The Laffites had been planning since April to establish a new base outside the United States, and even now Jean daily expected the return of Humbert and Dominique with news, and perhaps money and a Mexican rebel commitment of cooperation. Pierre might not go to trial for months as the court gathered more evidence. Thus, though he felt concern for his brother's physical condition, Jean had time, or so he thought.
While he may have gone close to New Orleans to contact McKeehan and arrange for publication of his letter, as well as to orchestrate attempts to get bail set for Pierre, by late August Jean was back at Grand Isle assessing what he needed to do for the pending relocation, and waiting for Humbert.41 By September 2 Humbert and Dominique had returned, and with them Anaya and Pedroza. But as interesting as the news they brought with them was, almost immediately another sail showed on the horizon, introducing an entirely new dimension to the decisions facing Laffite.42 On September 3 at about 10 o'clock in the morning, a strange warship appeared outside the pass between Grand Terre and Grand Isle. The warship sent a few shots at a ship heading for the pass into the bay. The smaller vessel ran aground and shortly the warship dropped anchor inside the pass, leaving Jean uncertain of its intent. He decided to find out for himself.43
Laffite could see the vessel from his rude house on the eastern end of the island.44 He put out in a pirogue pulled by four oarsmen and rowed toward the mysterious vessel.45 At the same time, about noon, a pinnace showing a white flag of truce was lowered from the vessel, which began rowing toward Laffite.46 Soon he recognized the British naval pennant flying from the pinnace, and while he might have been inclined to rush back to shore, the boat was too close by now for him to get away.47 When they came abreast, Captain Nicholas Lockyer identified himself as commander of the HMS Sophie and asked to be introduced to Laffite. Jean remained wary, and did not identify himself. Lockyer asked if Laffite were ashore, and Jean said that he was not certain but believed that he was. 48 At that Lockyer handed him a packet addressed "To Mr. Lafitte—Barataria," and asked him to deliver it.
Instead, Laffite persuaded Lockyer to row back to Grand Isle with him to present the packet in person. Moments before they reached the shore Laffite finally identified himself. By this time two hundred or more privateers had gathered to see what was going on, and Laffite advised Lockyer not to say anything of his reasons for coming. British warships had fired on some of these men during the past year, and though they were largely outlaws, the island's predominantly French population had no love for Britain. This was made clear when the two boats landed amid an uproar, as some of the mob wan
ted revenge while others demanded that the visitors be arrested and taken to New Orleans as spies. Laffite calmed the mob, telling the privateer captains present to tell their men that he needed to cajole the British officers in order to learn their intentions, and perhaps find out the names of their spies in New Orleans.49 Then he took Lockyer by the hand and conducted the officers away from the milling crowd to his house, thinking that both they and the secrets of his establishment would be safer with them there.50
Laffite later claimed that even before he opened it, he thought the packet might contain important information. This was a reasonable enough assumption, for he could hardly be unaware that the British had been paying some attention to what happened at Grand Isle. English merchants on Jamaica had protested the refugee corsairs from Cuba and San Domingue sailing under their real and imaginary papers from Cartagena.51 And as Britain tried to pull Spain from the French yoke and make it an ally, corsairs preying on Spanish merchant trade and the filibustering adventures were equally unwelcome.52 In July the Spanish foreign minister asked the British foreign secretary Lord Castlereagh to have British ships in the Gulf destroy the nest of pirates to protect the navigation of the three allied nations, Britain, Spain, and Portugal. 53 Spain also asked England to blockade Cartagena to help interdict the privateer trade.54 By the end of 1813 Spain complained of "continual depredations" in the Caribbean by pirates, some of them taking shelter in English colonies.55
Britain soon came to view the Baratarians from another vantage, however, suspecting that for the moment they might be useful. As early as March 1813 British spies had a copy of General Wilkinson's earlier report on the state of defenses on the lower Mississippi, and deduced from it that the Baratarían fleet could be invaluable in blockading New Orleans.56 The past June Captain Hugh Pigot of HMS Orpheus, then off Florida trying to convince Indian tribes to assist the British, and even then arming them for the anticipated attack on New Orleans, received intelligence suggesting that the Baratarians "would cheerfully assist in any operations against the Americans if afterward protected by Great Britain." He believed there were eight hundred of them, "Pirates to all Nations," and that New Orleans lived in fear of them.57 Pigot and others got exaggerated reports that the Laffites had a fort on Grand Terre and more than a dozen cannon emplaced for defense, an echo of the report on La Diligent's final employment.58 Thus there could be good cause in approaching the Laffites.
The Pirates Laffite Page 17