to R. M. Charlton and Francis S. Bartow, Counsellors at Law, at Savannah, Georgia.

Greeting:

Know Ye, That we, in confidence of your prudence and fidelity, have appointed you Commissioners and by these presents do give you or either of you full power and authority, diligently to examine upon his corporal oath, or affirmation, before you to be taken, and upon the interrogatories and Cross Interrogatories hereunto annexed,

as witness of the part of the defendants in a certain cause now pending undetermined in the District Court of the United States of America for the Southern District of New-York, wherein the United States are prosecutors, and John L O'Sullivan, A. Irvine Lewis and Louis Schlesinger are defendants.

And we do further empower you, or either of you, to examine on the same behalf, and in like manner, any other person or persons who may be produced as witnesses before you; and we do hereby require you, or either of you before whom such testimony may be taken, to reduce the same to writing, and to close it up under your hand and seal directed to George W. Morton Clerk of the District Court of the United States for the Southern District of New-York, at the City of New-York, as soon as may be convenient after the execution of this commission; and that you return the same when executed, as above directed, with the title of the cause endorsed on the envelope of the commission and that you return the same when executed by the usual mode of transmitting Letters from Savannah to the city of New York.

WITNESS the HONORABLE Samuel R. Betts Judge of the District Court of the United States for the Southern District of New-York, at the City of New-York, this twentieth day of November in the year of our Lord one thousand eight hundred and fifty one and of our Independence the seventy sixth.

F. B. Cutting Geo W. Morton

counsel for defts. Clerk of the District Court of the United States

J. Prescott Hall for the Southern District of New-York.

U.S. Atty

* * * * *

The execution of this Commission appears in certain schedules hereunto annexed.

Francis S. Bartow Esqr, the other Commissioner named, is not in Savannah, he being in attendance, at Milledgeville, Georgia, as a Representative to the Legislature of Georgia.

Robert M. Charlton

Commissioner

* * * * *

U.S. District Court

for the Southern District of New York

John L. O'Sullivan imp &

vs

The United States

Deposition of Ambrosio J. Gonzalez a witness produced sworn and examined the 18th day of December the year 1851 at Savannah, Georgia under and by virtue of a commission issued out of the District Court of the United States of America for the Southern District of New York in a certain cause therein depending and at issue between the United States of America and John L. O'Sullivan, A. Irvin Lewis & Louis Schlessinger defendants, as follows: Ambrosio J. Gonzalez, at present of Savannah, aged 21 years and upwards being duly and publicly sworn pursuant to the directions hereunto annexed, and examined on the part of the defendant doth depose and say as follows:

1st Interrogatory

Were you in constant & confidential correspondence with Mr. John L. O'Sullivan in the months of February March and April last, you being in Georgia and he in New York?

He was.

2nd Were you kept informed through that correspondence of all the acts and plans of Mr. O'Sullivan respecting the despatching of a Steamer from New York to the South with a number of Hungarians and other passengers.

Yes, as he has every reason to believe from the fullness and confidence of said correspondence.

3rd What was the engagement made with said passengers.

They were to be taken to Texas.

4th Was that engagement with them one of good faith, which was to be kept?

Yes. It was intended that a proposition should be made to them at a later period and at a place not within the jurisdiction of the U.S. to consent to change that destination but every one who should not then choose voluntarily to accept that proposition and enter into a new engagement was to be carried to Texas according to promise.

5th Did Mr O'Sullivan at any period during the preparations for the despatching of said Steamer and passengers conceive the apprehension that such faith might not be fully carried kept with them and that some of them might possibly be placed in a situation in which they might feel constrained by circumstances to consent to change their destination?

Yes; though the apprehension was groundless having grown out of a misunderstanding and jealous anxiety on his part on the point in question.

6th What did Mr. O Sullivan thereupon do?

He wrote to the effect that the requisite means must be provided in advance for the transportation of said persons desiring to go to Texas, in strict fulfillment of the said engagement and that if that was not one he would at once retire from the affair and have nothing further to do with it. He was answered that he might rest perfectly easy on the subject, that his apprehension was groundless; that none of the parties connected with the business would be capable of acting differently from what he thus insisted upon and that the requisite means for that purpose would be duly provided and applied accordingly. Mr. O'Sullivan having confidence in these assurances was therefore satisfied.

7th Was any kind of military engagement of the said men to be made within the jurisdiction of the United States.

No; on the contrary nothing of the kind was to be done but after arriving at a point beyond the jurisdiction of the U.S. it was intended to propose to these persons to go to Cuba, leaving it optional with them to accept or decline the proposal.

8th Was the said Steamer to carry any arms or Military Equipments from New York or any part of the United States?

No.

Allowed subject to all legal objections. F. B. Cutting

J. Prescott Hall for Mr. O'Sullivan

U.S. Atty.

Robert M. Charlton

Commissioner

1st Cross Interrogatory.

If in answering the first direct Interrogatory you shall say, that you were in a constant and confidential correspondence with Mr. J. L. O'Sullivan in the months of February, March and April last-- then answer further and say why was that correspondence confidential? why was it constant? and how long did it continue?

It was confidential because, as it was intended to make the proposal before stated, it was obviously important to keep the matter from the swarming spies of the Spanish Government; constant, because each felt particularly desirous at that period of hearing frequently from the other and it continued through the months of February, March and April.

2nd What was the subject of such correspondence?

It referred to the expedition intended to be formed referred to in his former answers for which purpose materials likely to be suitable in themselves and likely to be willing when such a proposition should be made to them were to be found and sent abroad beyond the jurisdiction or responsibility of the United States.

3rd Was General Narciso Lopez referred to in that correspondence? was his name mentioned therein, or was he in any way connected with the subjects of the communications which passed between yourself and Mr. O'Sullivan.

He was.

4th Was the said General Lopez in the months of February, March and April last or immediately before or after that time in any way directly or indirectly interested, concerned or engaged in any Military expedition or enterprize to be carried on against the territory or dominions of any foreign Prince-- or State-- or of any Colony, district or people with whom the United States of America are at peace and if you answer this Interrogatory in the affirmative then state particularly what such expedition or enterprize was-- and what its destination was to be.

He finds it difficult to answer this question from the vagueness of the general terms "military expedition or enterprise" but can only presume them to be now employed by the U.S. District Attorney of New York in the same sense in which he explained and expounded the law from which they are quoted to two of his Cuban friends, one of whom he feels at liberty to name Mr. J. Sanchez Yznaga, in the month of August last when those gentlemen consulted him in his office respecting their purpose of procuring a steamer to convey them and their friends to the Island of Cuba, to take part in the insurrection which had broken out in the neighbourhood of Puerto Principe, Trinidad and other places, and when he assured them, as Deponent is satisfactorily informed and believes, that they had a perfect right without subjecting themselves to interference from the authorities of the United States to buy or charter a Steamer for that purpose, to go on board of her publicly and openly they and their friends Cubans or others, in any numbers, ten thousand if they pleased; to carry with them each a rifle, pistol, sword &c and ammunition; and moreover each an extra set of the same for the use of any friend on the island; to clear openly for Havana, if they wished to elude the Spanish cruisers, and afterwards land at Puerto Principe or any other point they might choose; and to cause a cargo of arms and munitions of war to be placed by contract at any point or points beyond the U.S. where they could then easily go and take them. Learning that the U.S. District Attorney for New York, Mr. Hall, gave such official instructions and advice as this respecting the meaning of the terms of the law in question, showing that he did not understand such a proceedings this to be covered by those terms provided it were done openly and without military organization, he finds himself enlightened as to their proper and their intended meaning. Deponent recalls also the authority of the U.S. District Attorney at New Orleans on the same point, who by his letter to the Secretary of State of the United States of May 14th 1850, published in Executive Documents, printed by order of the Senate, No. 57, 31st Congress 1st Sess. page 25, referring to a proceeding in which he stated that not more than 1500 "emigrants" had just sailed from New Orleans, with the Island of Cuba as their "ultimate destination," assured the Department officially that no violation of that law had been committed in that District, and afterwards in the trial which ensued argued that the law had been violated on the ground that a degree of military organization and arming unknown to him before had taken place within the limits of the United States. Enlightened by both these high official authorities as to the meaning of the terms in which he is interrogated, he can have no hesitation in answering the question in the negative and particularly with respect to any proceedings of Mr. O'Sullivan's. He does not know of anything done or intended to be done by him one quarter as nearly approaching to a "military expedition" or enterprise," as the acts thus authorized by the U.S. District Attorney of New York when consulted on the subject by his aforesaid friends calling on him with the particular view of regulating their course by his advice.

5th Had the correspondence between yourself and Mr. O'Sullivan any reference to an expedition or enterprise against the Island of Cuba? or against the Government thereof-- or any persons resident therein-- if so then what was the nature of that expedition or enterprize-- what was its purpose-- what were its objects and in what manner was it to be begun-- set on foot-- or carried on?

Limiting his answer (as he is advised) to such matters as may not tend to implicate himself, he will say that Mr. O'Sullivan's letters did have reference to an expedition designed to assist an expected rising of the people of Cuba against the tyranny of Spain, with a view to the object of aiding them in achieving their liberty and independence under a republican form of Government, after the example of the United States. It had its origin in the labors of many Cuban patriots some of them being refugees and exiles in the U.S. and some of them patriots in the Island itself exasperated by the abominations of Spanish despotism there prevailing. A project of insurrection formed in Cuba in 1848, having been frustrated by a premature discovery by the Spanish authorities, and Genl. Lopez, its head, together with others having been compelled to escape, from the Island he and they continued in correspondence with the patriots of the Island, by whom from many quarters after, as well as before his unsuccessful attempt at Cardenas, he was constantly urged to return to place himself at their head with frequent threats that they would begin, improvided as they were with arms, ammunition or officers, without the benefit of his leadership, if he did not hasten his coming. In the end of January last at New Orleans he engaged his friend Mr. O'Sullivan to proceed to New York and to procure a steamer to convey from that place to a point at the South to be afterwards designated to him, a number of passengers expected to consist mainly of Hungarian and Polish refugees from European despotism. Informed of the particulars of his arrangements with Mr. O'Sullivan mainly through his confidential correspondence through the period referred to, deponent may add that this was to be done in a manner not to violate the neutrality law of the U.S. said law having been recently fully elucitated by the discussions on the trial of Genl. Henderson at New Orleans; that said passengers from New York were to be persons engaged simply as peaceful emigrants, without arms, or any species of military organization, to whom when no longer within the jurisdiction of the United States, a proposition was intended to be, at a later period made, inviting them to consent to engage in an expedition to assist the Cuban insurrection for liberty; and to whom or as many of them as should choose to accept such proposition then and there made, arms should be furnished, accompanied then with the formation of a military organization.

6th Was the said John L. O'Sullivan during the said months of February, March and April, or at any other time shortly before, or after those periods engaged in any correspondence with the said Genl Narciso Lopez. If so-- what was the subject of that correspondence?

He cannot speak of positive knowledge but presumes that there was some such correspondence and that it related to the matters above stated.

7th Was the said General Narciso Lopez during the said months of February, March, and April-- or at any time shortly before or after those periods-- concerned or engaged in any military expedition or enterprize, having for its destination directly or ultimately, the Island of Cuba? If so state what that expedition was and all the circumstances connected with it, the time and place or places of its preparation, the persons or parties engaged or who were to be engaged therein-- and the nature and extent of such preparations as fully and particularly as if you were specially interrogated with regard to each fact or circumstance.

This question being substantially but a repetition of the 4th, I reply to it by referring to the fourth answer.

8th Do you know anything of the signing, issuing or putting off during the periods aforesaid any paper or papers in the form of bonds-- or promises-- for the payment of money signed by the said Lopez and purporting upon their face to set forth General Narciso Lopez as chief of the Patriotic Junta for the promotion of the political interests of Cuba-- established in the United States of North America-- and the contemplated head of provisional Government and Commander in Chief of the Revolutionary movement about to be undertaken through his agency and permissive authority-- for the liberation of the people of Cuba-- from the tyranny and oppression to which they are now subject by the power of Spain?

He declines answering because an answer might tend to implicate himself.

9th If you answer the foregoing question affirmatively then say whether said bonds or paper issues did not purport upon their face to pledge to the payee thereof-- or bearer the public lands and public property of Cuba and the fiscal resources of the people and Government of Cuba for the faithful and complete discharge of those obligations, and did not said Bonds or paper issues or some of them purport, to be sealed with the seal of the said Provisional Government and were they not signed by the said Narciso Lopez, and did they not purport to be witnessed by Ambrosio Jose Gonzales and Jose Maria Sanchez Yznaga-- members of said patriotic Junta and the Honorable Cotesworth Pinckney Smith, Judge of the Supreme Court of Errors and Appeals of the State of Mississippi?

He declines answering because an answer might tend to implicate himself.

10th Do you know the said Ambrosio Jose Gonzales? who is he? and where is he now?

Yes, as in obedience to the precept "nosce te ipsum" he knows himself to be an officially calumniated Cuban and a lover of his country. He is at present in the city of Savannah, Georgia.

11th If the foregoing Interrogatory should be answered affirmatively then state how much in amount of said Bonds was issued, by what authority they were issued by whom and what disposition was made of the same?

He declines as in the 8th & 9th answer above.

12th Did the said O'Sullivan receive or dispose of any of such bonds or the proceeds thereof? If you answer particularly and affirmatively then state dates and amounts.

He declines as in the 8th & 9th answer above.

13th Was not the said John L. O'Sullivan at some time during the years of 1850 and 1851 and if so at what time engaged in fitting out or setting on foot a military expedition or some warlike enterprize or enterprizes against the Island of Cuba-- and were not you and the said Narciso Lopez-- and the said J. Sanchez Iznaga or some one or all and which of you connected with the said John L. O'Sullivan in the fitting out or setting on foot the said expedition or enterprize.

Referring to his 4th answer, and answering in relation to the procuring or fitting out of the Steamer Cleopatra and her contemplated voyage, the subject matter of the present indictment in the trial of which he is interrogated or anything at any time done by Mr. O'Sullivan within the Southern District of New York, he answers in the negative.

14th Where were you during the months of January, February, March, April, May, June and July in the year 1851? State particularly.

In New Orleans, through the month of January. In the State of Georgia through the following months, chiefly in or near the city of Savannah, with occasional visits to Macon & Columbus.

15th Had you any information except through your correspondence with the said John L. O'Sullivan of any of his acts or places plans respecting the despatching of a steamer from New York or New Jersey to the South? If so state what that information was-- whence it was denied-- and the whole extent of it.

No.

16th Was there any intention on the part of the said John L. O'Sullivan or yourself-- or the said Narciso Lopez actually and bona fide to send from any Northern Port,-- say from any port or place in New York-- or New Jersey-- any person or persons-- emigrant or emigrants-- to the State of Texas to Mexico or any part of Central America for the actual and bona fide purpose of settling-- or colonizing such individuals in the places last named.

Yes. It was intended to furnish passage to Galveston, Texas to all who should not voluntarily when no longer within the limits of the U.S. choose to engage in an auxiliary liberating military expedition for Cuba and it was intended that such emigrants should be maintained at that point until they should find satisfactory settlements or employments and it was not only believed that they would be willingly welcomed by the people and authorities of Texas but Deponent has been been informed and has no doubt that correspondence was had by Mr. O'Sullivan's direction with a friend then in Texas for the purpose of facilitating such reception.

17th If any engagement, arrangement or contract was ever made during the year 1850 or 1851 by the said John L. O'Sullivan and with any individual or individuals-- purporting to be for the purposes of colonizing in Texas, Mexico, or Central America, was not such contract or arrangement made with the design of an ultimate attack upon the Island of Cuba and for the overthrow of the Government thereof.

This question is already answered in his former answers.

18th Was the said John L. O'Sullivan during the periods aforesaid the owner, proprietor, possessor or lessee of any lands, farms-- or estates in Texas, or Mexico, or Central America? If so state what such possessions were.

He has no information on the subject.

19th Was the said John L. O'Sullivan to your knowledge, the agent of any land proprietor in Texas-- Mexico-- or Central America, for the actual and bona fide purpose of causing immigration to those places or any of them for the purposes of permanent settlement there. If so state who his principals were and their places of residence.

He has no information on the subject.

20th If any such settlement or colonization was in the actual purpose of the said John L. O'Sullivan then set forth so far as you know the equipments with which said emigrants were to be provided the provisions and stores with which they were to be furnished the particular place-- or places where they were to be settled and say whether they were to be accompanied by women or children?

He has no further knowledge of the subject than is contained in his former answers.

21st For what particular time, were the said emigrants to be engaged by the said O'Sullivan-- and what were their particular occupations to be? What compensation were they to receive? were they to be mechanics, Farmers-- or Shepherds-- and how were their homes or habitations to be provided.

He has no further knowledge of the subject than is contained in his former answers.

22nd Was there no fear expressed by the said John L. O'Sullivan or entertained by him-- as you are supposed by the 5th direct Interrogatory to be acquainted with his apprehensions that the good faith therein referred to might not be kept by the passengers described in said last mentioned Interrogatory and that the said passengers after their departure from the North for Texas, Mexico, or Central America when upon the high seas might violate their sacred engagements with the said O'Sullivan and proceed against his wishes to the Island of Cuba for the purpose of Colonizing there.

Mr. O'Sullivan did at one period at the end of March express an apprehension that the good faith of the engagement for the conveyance of said emigrants to Texas might be in danger of being violated by a course of proceeding which might operate as a sort of coercion or undue influence to induce them to consent to change their destination and engage in an expedition for Cuba. This had however no reference to any particular point whether upon the high seas or the dry land.

23rd From what did the apprehension of Mr. O'Sullivan referred to in the 5th direct Interrogatory arise? was it from the declarations of the passengers-- the nature of the emigration-- or the character of the individuals engaged.

It did not arise from any of the said sources. It grew out of a punctilious scrupulousness on the subject, on Mr. O'Sullivan's part, causing him to misapprehend the intended meaning of some expression in a letter received by him and consequently to imagine a possibility that for want of adequate preparation of the means requisite to carry said engagement fully and at once into effect a stress of circumstances might arise which would operate as an undue influence on their minds to control or warp the entire freedom of their choice and action.

24th Who were the persons referred to in said 5th Interrogatory as those who might possibly be placed in a situation in which they might feel constrained by circumstances to consent to change their destination.

The persons referred to in his answer to the 22d cross interrogatory.

25th What were the situations and circumstances referred to in the last mentioned Interrogatory-- and where was the place to which said passengers might feel constrained to change their destination.

[See answer to 26th cross interrogatory]

26th From whom was such constraint to come? who was to compel them to change their destination? and why was it to be altered from the original one if that were bona fide and real.

One answer will best cover both these interrogations. Mr. O'Sullivan had understood that when a division should arise as was to be expected at the place where a military expedition should be organized, and when the proposition should be made to the above mentioned Texan emigrants to change their destination and voluntarily engage to go to Cuba, some of them should so consent and others perhaps object to do so, and prefer to continue on to Texas, there should be proper provision on the spot for at once and fully carrying out that engagement with them. His apprehension at a later period growing out of some incidental expression in a letter, was lest there might not be provided in advance a vessel for their transportation; he feared lest they might perhaps be left at the time at such a place of division, with a view to their being shortly afterwards sent for or called for to complete their voyage to Texas and lest some of them might there upon feel in danger of being abandoned there altogether whether from suspicion that faith might not be kept with them by those controlling their means of transportation or from fear that circumstances might arise to frustrate their intention of sending or calling for them; which situation Mr. O'Sullivan seemed to regard as calculated to exert an undue influence upon their freedom of choice and perhaps to cause some to consent unwillingly to go to Cuba who might otherwise have preferred to continue on to Texas.

27th Why did Mr. O'Sullivan undertake the business of carrying passengers by steamer from the north to the South while he was under apprehension as to the conduct of the passengers during the voyage.

He did not so undertake; on the contrary on his conceiving the mistaken apprehension referred to he at once wrote that unless it was removed he would withdraw from and have nothing further to do with the business; and that it was better that the cause of Cuban liberty, dear as it was to all concerned, should perish than that from neglect to provide the requisite means, a single individual should have the right to say that good faith had not been fairly kept with him. The nature of the reply to him deponent has already stated in his sixth direct answer; and Mr. O'Sullivan was satisfied that his apprehension was groundless.

28th Was the said John L. O'Sullivan during the periods hereinbefore referred to a merchant, shipowner, an emigrant agent or engaged in the business of transporting passengers by sea from one point to another.

That he has no other knowledge on the subject than is contained in his former answers.

29th If you answer in the negative to the last Cross Interrogatory then state what was his business and what his occupation during the time referred to.

That he has no other knowledge on the subject than is contained in his former answers.

30th Of what country were the passengers referred to in the fifth direct Interrogatory-- natives-- Had they been Farmers, mechanics or Soldiers-- and if you say that they had been Soldiers in what service had they been engaged.

He has no particular information on the subject but believes them to have been very mixed of various kinds of agricultural, mechanical or manual laborers; and all or most of them to have seen more or less of military service in Europe.

31st If said passengers should during their aforesaid voyage escape from the control of Mr. O'Sullivan according to his apprehension-- to what place was he afraid they would go? If to Cuba-- what was he fearful of their doing in that Island?

His preceding answers have already sufficiently explained that there was no question of any such "escape" as is here indicated. As for those who should consent to engage to go to Cuba, he is not aware that Mr. O'Sullivan was "fearful" at all as to what they would do, but on the contrary he presumes he was hopeful that they would render useful aid to the Cubans in their intended insurrection for liberty, against the vast military force under which they are kept crushed, as a small nucleus of efficient auxiliary volunteers.

32nd Had General Narciso Lopez or Major Louis Schlessinger any knowledge or connection with the said proposed enterprize of transporting passengers-- and did they share in the apprehensions of Mr. O'Sullivan.

To the first part of the interrogatory he answers, yes; to the second part, that he has no knowledge on the subject.

33rd Do you know of any money having been sent to the said John L. O'Sullivan for the purpose of carrying out his plan of transporting passengers as described in the 5th direct Interrogatory-- or any other purpose connected with the transportation of men from the north to the South or from the United States to any other country? If so state the amounts thereof-- the persons by whom the same were furnished and the places from whence they were derived.

He doth know of money having been so sent, the sums, as deponent is informed, amounted to about twenty-eight thousand dollars. The persons by whom they were furnished, as also the places from whence they were derived, he declines to state because an answer might tend to implicate himself, except in regard to the greater portion of said amount, which, as he has been informed by others, came from the purses of various patriots in the Island of Cuba and in part from the proceeds of a large number of articles of jewelry, consisting of rings, brooches, crosses, chains, religiaries &c &c contributed at the hazard of their lives by women of Cuba, old and young, rich and poor to be sent to Genl. Lopez.

34th Do you know of any design in the said months of January, February, March or April, or at any time shortly before or after those periods for a combined or other movement from various parts of the United States against the Island of Cuba for the purpose of overthrowing the Government thereof by an armed force-- if so-- set forth the nature and plan of such movement and say whether the said John L. O'Sullivan was not engaged therein?

He declines answering because an answer might tend to implicate himself.

35th Were you to have a command in such expedition? If so from whence were your forces or emigrants to come from and were where they to assemble? who furnished the means of transportation and provisions for the enterprize? and from whence was your authority derived?

He had no commission promised nor engagement for any command or post whatever. He certainly would have accompanied any persons who in the exercise of the free rights attaching to all citizens and residents of the U.S. should have left the U.S. with a view to finding beyond the jurisdiction or responsibility of this country or the reach of its rightful authority, a place where they might, if they should then think proper, be free to form an expedition to go to the succor of his countrymen known to him to be about to rise for a most just and righteous revolution; and he would then have derived and hoped to fill whatever post high or low, might be deemed the one in which his service would be most useful.

Allowed subject to all legal objections.

J. Prescott Hall

U.S. Atty.

F. B. Cutting

for Mr. O'Sullivan

Examination taken, reduced to writing, and by the witness subscribed and sworn to, this fifteenth day of December 1851 before

Ambrosio J. Gonzales

Robert M. Charlton

Commissioner

Commission fee $25

Opened and pled in open court, December 25 1851.