Thursday, December 04, 2008

Vautrots in the South: the lawsuit of the heirs of Francois J. Vautrot versus US Government.


SOUTHERN VAUTROTS:

A CIVIL WAR LAW SUIT: Heirs of Francois Vautrot versus The United States

Francois Joseph Vautrot (FJV) emigrated to America in 1839, after military service probably in his native France. His family, including five younger siblings, had made the trip from Lorraine, France, to New York and then to Crawford County, PA, five years previously in 1834. His brother, Jules, became a naturalized citizen in Lafayette, LA and Francois settled in St. Landry parish in 1840. There, he married a landed widow, Amelia Burleigh Johnson, in 1848, and became a planter. They had one son, Louis Francois Vautrot, born in 1849, who became the progenitor of the Vautrot family in Southwest Louisiana. FJV saw his produce and livestock, including cotton, confiscated by General Banks' troops during the Civil War (1861-1865). After the Civil War, he emigrated again, to Brazil with some Confederados (the name bestowed on Confederate sympathizers who left the South after the Civil War seeking a more compatible political atmosphere), but returned circa 1871. The date of his death is not documented, but his former slave testified that he was buried "under a tree" on his farm. Information given here is from a lawsuit filed by his grandchildren, seeking payment for Federal Army takings. Records were obtained from the National Archives and Records Administration in Washington, D.C.

Claims of property loss to the Federal troops traversing the St. Landry area in 1863 were common and extensive, but FJV's claim was unique in that it was initiated in 1910, long after his death, on behalf of his eleven grandchildren, by Francois Joseph Vautrot II and Louis Vautrot, two of the eleven. Mr. Vautrot was a French citizen who spoke little English, who, along with his family, took no part in the Civil War. For this reason, he could not be branded as a Confederate sympathizer, unless proven by the Government defending the case. Testimony as to his lack of U.S. citizenship was provided by three former slaves, and one neighbors' son, who also gave their estimate of the losses suffered by Mr. Vautrot. The same four persons testified that in October 1863 Federal troops confiscated FJV's property consisting of livestock, produce, and cotton. The Treasury Department, in response to a query from the Court of Claims where the suit was prosecuted, documented receipts given FJV for 2000 pounds of cotton, as well as 150 bushels of corn; 1800 pounds of fodder, and 5 head of cattle. In another letter, the Treasury also stated that no records of cotton taken from Mr. Vautrot were found on investigation. Finally, inquiries were made to the Treasury Department, the War Department, and the affiants in this case as to the loyalty (or disloyalty) to the United States of FJV, and no adverse findings were reported. Following are the details of the claim against the federal government, initiated by the heirs of Francois Vautrot, seeking compensation for their grandfather's losses to General Banks' Army in October 1863.

The earliest documents are from Feb 18, 1909, two of them attest to the power of attorney, and the right to represent heirs of FJV, of Raleigh Sherman. The other is an affidavit of Stanley Laws, former slave of FJV, then a farmer in Nutleyville, LA. In this, the first of two affidavits, he was deposed by attorney Sherman. He gave rather specific numbers and values to the takings of the Federal Army of General Nathaniel Banks, including 80 bales of cotton weighing about 450 lbs each, 2000 barrels of corn in the shucks valued at 50 cents each, five American mules and five horses at $150 each, six milk cows at $50 each, and three beeves at $25 each (a beeve is a cow raised for its meat). He dated the takings to October 1863. This short, specific statement, hand written by Notary Arthur Simon, clearly appears to be in the idiom of the recorder. This impression is confirmed by the original affidavit of the former slave of FJV, Charles Thomas, and that of William Henry, former slave of FJV's neighbor, Francois Coulon de Villiers. This was a single page, almost identical to the Laws deposition, signed "X" by both men. The only real difference is that the Henry's and Thomas' depositions add that FJV disapproved of secession and took no part in the war. The second affidavit of all three men, taken Dec. 10, 1910, is typewritten in Q and A form. It attempts to reproduce the proceedings verbatim, and is much longer but less specific as to numbers than the first ones. Lawyers for the US and for Vautrot's estate both participated in the second affidavits.

The claim was initiated in the US Senate by Senator Murphy Foster as Senate Bill S.5511, on January 26, 1910, to compensate "the estate of Francois Joseph Vautrot, deceased, the sum of $19,000" for property appropriated during the Civil War. It was then referred to the Committee on Claims. The petition in the court of Claims was labeled No 14877 Congressional. It sought to recover $3,875 for produce and animals noted above, and an additional $16,000 for cotton taken.

The Treasury Dept. auditor produced five records of takings from FJV by five different Union Officers, one of which were for cotton. The letter suggested that vouchers for purchases and receipts for seizures should be in the possession of claimants, or that vouchers may have been paid "at some remote place."

Charles Thomas' affidavit disclosed that he was a slave born in Virginia who was sold to FJV when he was 14 years old. At the time of his testimony he was farming on "his own place" at Armide, LA. During the Civil War, when he was about 18 years old, General Banks' Army visited FJV's estate. They apparently did not take any of Vautrot's property at that time, and as a result of this visit, the slaves were promised a share of the coming crop if they stayed, but were free to leave if they wished. While Thomas suggested that most of the slaves remained with FJV, the affidavit of Villers de Villiers, the son of FJV's neighbor, stated that most of the slaves left with the Federal Army. Thomas testified that the slaves never received anything for their work on the crops confiscated by the Federals. He gave the location of FJV's farm as "5 or 6 miles west of Barre's Landing." And the amount of cultivated land as "150-160 acres," 25 acres of which were cleared and planted during the war. The cotton was ginned at a "horse gin" on FJV's property. Banks' Army left "maybe 40-50 barrels" of corn which FJV divided with the slaves.

After Nathaniel Prentice Banks' Union Army had outmaneuvered Richard Taylor's Confederate Army of Western Louisiana out from the Bayou Teche region, he continued his movements towards his main objective of Alexandria, Louisiana. The Confederates were trying to slow him down as much as they could.


Stanley Laws likewise was a slave of Mr. Vautrot, as were his father and uncles, and at the time of his testimony, he was a farmer at Armide, LA, and was 62 years old. He gave a rather detailed description of the stock and crops taken by the "Yankee Army." In response to questions as to the number of slaves on the Vautrot property, he estimated "about 9 or 10 women, ten men, and some children." The remainder of his testimony was consistent with that of Mr. Thomas. It is of interest that in his original affidavit in 1909, he signed his name by X—his mark, but a year later, signed his name legibly to his second affidavit. William Henry, the 71 year old former slave of FJV's neighbor was also a farmer near Armide, LA. His testimony was supportive of the two previous affiants, stating that Banks' Army took 70-80 bales of cotton recently ginned by Vautrot's slaves. His estimate of the number of slaves working for Vautrot was about 15, plowing 4-5 double teams.

The final witness supporting FJV's claim was Francois Coulon Devilliers, a 68 year-old commercial traveler, who grew up on the farm adjacent to the Vautrot's. He confirmed that the community where they lived was called Nutleyville (or Notleyville), on Bayou Teche, "about 8 miles south of Opelousas, 3 miles from Leonville." Mr. de Villiers was questioned about Mr. Vautrot' citizenship, political leanings, age, and attitude toward slavery and secession. His responses indicated that Francois Joseph Vautrot was a French citizen, non-political, favoring slavery, and against secession. He also believed that the Federals had taken Vautrot's property, but didn't know the specific amounts.

The remainder of the documents include interdepartmental requests for information on:
1. FJV's loyalty, cotton purchase or seizure, citizenship, and any other "relevant" information;
2. Louis Vautrot, Administrator of the estate, signed appointment of I.M Moyers and C.F. Consaul, of Washington, D.C., to prosecute their case on November 1, 1911;
3. and, Deed of sale of land on Bayou Teche from Sarah Lee to Francois Vautrot on October 17, 1853, comprising 296 arpents (about 250 acres).

Although there is no explicit denial of the Vautrot claim in the records, it is likely that the document from the War Department auditor replying to the request of the Treasury Dept. for information was regarded as a rejection of the claim. That the Court of Claims inquiries produced no information on the seizure of FJV's cotton is most interesting. According to Ludwell Johnson, General Banks shared an avid interest in cotton with military personnel, but was probably not himself attempting to profit from the frenetic trade going on about him, unlike the Union and Confederate governments, speculators and hustlers of every stripe. Thus, it is not surprising that no paper trail was found to trace FJV's cotton.

It is remarkable not only that the suit was filed almost 50 years after the incident, but also that four persons with firsthand knowledge of the facts came forwards to testify. Most notable is the fact that 3 former slaves, all still farming (but now as free men) volunteered testimony favorable to Vautrot, without apparent ill feelings toward their former master.
Bibliography:
Passenger list. Port of New York. Ship Albany, Havre to New York, 14 January 1839.
Passenger list. Port of New York. Ship Liberates, Havre to New York, 9 July 1834.
Immigration File of Southwest Louisiana (Naturalization Records) T Ct. Hse., 1840-1929, p. 158.
St. Landry Parish Marriages. P 209.
Carl A Brasseaux "the Brazil Exiles: A Forgotten Chapter in the History of St. Landry Parish."
"Heirs of Francois Joseph Vautrot vs. the United States." No 14877 Congressional Records.
David Edmonds. Yankee: Autumn in Acadiana. Acadiana Press, p 217.
_______________________________________________________
The text below is copied verbatim from a geneology website
regarding persons pursuing information on the Vautrot lineage.
It is back-in-forth communications between various people, not written by me:


Francois Louis Vautrot, Letter, 1867 October 20. 2 items. Location: Misc.:V. Confederate refugee, apparently from Opelousas, Louisiana. Letter written from Pernambuco Province, Brazil, describes conditions, attitudes, and difficulties in adjustment. Vautrot refers to the introduction of African American voting in Louisiana. Included is an issue of Le Courier des Opelousas. For more information, see online catalog. Mss. 3153.

My grandmother was Marie Verna Vautrot Richard (1883-1945), the daughter of Francois Louis Vautrot born 1848 in Grand Coteau. My mother said (and this does confuse me) they came to America from Portugal but did not understand the conflict of the Civil War, so they left and went to Brazil; there they found the same type of war. There is a letter in the LSU historical Archives from Francois Louis Vautrot to the Government of LA asking for an explanation of why there was so much conflict over the "right to vote." He called the war an "abomination." He was Portuguese because there was a trunk in a storage house at my uncle Ben Richard's that contained his books and letters printed in Portuguese. Some of the letters to my grandmother were written in French. He seemed to be well educated and evidently spoke both French and Portuguese because my grandmother Verna spoke no English, only French.

I am researching the original Francois who I believe came to America in 1839 on ship Albany, thence to Opelousas. He went with family to Brazil in 1867(after the Yankees had taken his property during the Civil War), from where he wrote a letter back to Opelousas (I have a copy) which is in the Special Collection at Hill Memorial Library at LSU. I have no clue on any Portuguese relation of any Vautrots- I would love to know of any documentation of his Portuguese connection. I would be glad to share the other info on Vautrots I have- my grandmother was the daughter of Louis Phillipe, younger brother of Francois-and to have any other info you have. Herb Dyer

Today I realized that the reason that your family thought that Francois and his son Louis might have been Portuguese is that they went to Brazil where the language is Portuguese (not Spanish, like the rest of South America). They were French (Francois) or American(Louis) born. I am writing a bio of Francois and would very much like to see any letters of theirs.

It was not Spain; it was Portugal, then the U.S., then they went to Brazil for a while or until after the civil war then back to U.S. There is a letter in the historical archives of Louisiana --LSU archives--that backs this story my mother told me. Her mother was Marie Verna Vautrot married to Alexander Richard. My great grandfather's name Francois Louise Vautrot --I do not know what his father's name was but his father is the one born in Portugal he was born in Church Point 1849.

Lloyd
I am researching Francois Vautrot who married Amelia Burleigh. I think he came from France in 1834 on ship Albany. He went to Brazil in 1867 with son Louis and wife. Louis and mother (and Francois?) returned in 1871. Francois was elder brother to my great grandfather Louis Phillipe (I have his birth certificate from Annette Lynch. I recently met Frank and his dad Jude in Church Point- they showed me Louis' (son of Francois) grave- the inscription is Louis Vautrot!
Herb Dyer

Jude Vautrot tells me that he and my father (Henry Gabriel Vautrot, Jr) are second cousins. Jude’s father was Francis Percy (“Uncle Pack”). Francis Percy’s father was Francois Joseph Vautrot II, who is Jude Vautrot’s grandfather; FJV II died at age 46 of a stroke in Church Point, LA.

My father’s (H.G. Vautrot Jr.) dad’s name was Henry Gabriel Vautrot (my grandfather). He was a resident of Church Point. He was known as “Uncle Gabe.” He was a very active town member: owned a lumber mill, and he owned the Ford Motor Company car dealership in town--Church Point Motors, and was head of the school board. In 1934, Church Point Motors was sold to Henry Gabriel Vautrot, who ran the business under the same name. Robert McClelland served as the manager, and was later replaced by Emar Cart. In fact, when he passed away in 1947 from a heart attack, all the schools closed down in Church Point when he was buried.

Henry Gabriel Vautrot, Sr. was born in Leonville, LA (St. Landry Parish) on 4/08/1881. He first married Agnes Addison Ptak. Agnes Ptak was born in January 1882 in Milwaukee, Wisconsin. She died February 25, 1939 in Crowley, LA. Her father was Joseph Ptak, born in 1847 in Poland; her mom was Mary, born in 1839 in Prussia. Henry Gabriel married Dorothy Matthews Vautrot, who was his Registered Nurse that was caring for him after his 1st mild heart attack; they married 9/21/1939. They had my father, Henry Gabriel Vautrot, Jr--born on Tuesday, August 13th 1940.

Henry Gabriel Vautrot, Sr died of a massive heart attack on September 9, 1947--at the age of 66.
Henry Gabriel Vautrot, Jr (my father), died after a 4 year long battle with non-smokers lung cancer on Friday, May 2nd, 2008, at the age of 67 yrs and 9 months.

Well, Henry Gabriel Vautrot (who married Dorothy Matthews, my paternal grandmother) and Francois Joseph Vautrot II were brothers: my dad’s dad and Jude’s grandfather. Francois Joseph Vautrot II married Agnes Gardiner on 06/12/1897.  Francois Joseph Vautrot II (born 12/25/1873 in Port Barre, LA; died 02/12/1919 at the age of 46 in Church Point, LA).

There were 6 male sibling Vautrots: there were

  1. Francis Joseph II born 12/25/1873; died 02/12/1919 at age 46.
  2. Henry Gabriel born 04/08/1881; died 09/09/1947 at age 66.
  3. Louis Vautrot born 12/06/1888; died 1967
  4. William Leslie Vautrot was born 01/17/1891; died 1967. (USMC, 1917, WW I veteran)
  5. Philippe Vautrot born 11/23/1893 and died 1956 at age 63-63.
  6. Georges Preston Vautrot born 11/03/1898.

moreover, there were 5 female Vautrots:

  1. Marie Arthemise born 1876 and died 1896.
  2. Marie Amelia born 11/29/1878
  3. Marie Verna born 10/02/1883 in Church Point; died 1945
  4. Philomene Matilda born 08/18/1886 in Port Barre, La; died 1965.
  5. Mary Mabel born 12/21/1895


    He tells me that Preston Vautrot (“Uncle Tot”) was a very nice man, yet he did rob a bank and served prison time in Fort Leavenworth, Kansas--a Federal prison. When he came out, he was in his late 50’s or early 60’s and got married for the 1st and only time in his life when he was in his 60’s. After serving time in Fort Leavenworth prison, he worked as an engineer on a dredge boat, and he made a lot of financial investments in Evangeline Downs race track in Lafayette, LA when it was being developed. He died of a heart attack in Lafayette.

    Mathilda Vautrot (“Aunt Tildy”) did marry Henry Lee Simon; they lived in Branch, LA.

    Marie Amelia Vautrot married Louis B. Arceneaux (a doctor) in Church Point on May 02, 1895.

    Mabel Vautrot married Joseph Daigle in 1918.

    Marie Verna Vautrot married Alexander Richard in Church Point on Nov 16, 1903 in Church Point, LA.

    Cousin Jude is 1st cousins with Carol Ann Dingley. Joseph Erroll Vautrot, Carol Dingley's father, was a brother of Jude’s father, Francis Percy (“Uncle Pack”). Joseph Errol Vautrot was in the Navy for 31 years (he joined at age 16!), and he retired as a Captain. His ship left Pearl Harbor three days before it was bombed. Talk about luck! He got a bronze star for commanding an LST in the Normandy Invasion in WWII as well as a Purple Heart. He also was present on the deck of the Missouri when the Peace Treaty with Japan was signed. He retired in Charleston, SC and then we moved to Newport, RI. Their final move was to Dover, NH. His brother Leonard was also in the Navy.

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