Great Lakes Exploration Group LLC v. Unidentified Wrecked and (For Salvage-Right Purposes), Abandoned Sailing Vessel, The

Filing 147

NOTICE of Filing of Affidavit of Michel Chanoux by claimant Republic of France (Attachments: # 1 Affidavit, # 2 Attachment, # 3 Attachment)(Robol, Richard)

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Case 1:04-cv-00375-RHB Document 51 Filed 08/16/2005 Page 1 of 18 ----- Original Message ----From: Blumberg, Robert C (OES) To: 'Rick Robol' ; 'James Piggush' ; 'Libert, Steve J. ' Cc: Roach, J Ashley Sent: Tuesday, July 26, 2005 11:52 AM Subject: Griffon Gentlemen - I am writing for two reasons. First, I would like to enquire as to the status of the case that is pending in Michigan regarding the vessel which may be the Griffon. The last I recall it was adjourned until July, and it is now nearly August. Second, I wish to inform you that we have received some addition information from France which, regardless of whether the vessel in question is, in fact, Griffon, is intended to shed further light on the question of whether Griffon was a State vessel when it sank. The primary new document dated 1675 is 11 pages long and is in French. I will fax this to you all if you will forward your fax numbers again please. Accompanying this document is a memorandum dated July 1, 2005, on the status of the Griffon, which you will find in English and French below. The memorandum refers to and analyzes previous documents, the new 1625 document, and others documents from the French National Archives, and sets forth further reasoning on why France believes the Griffon was a State vessel at the time it sank. As we did in regard to La Belle, the Department of State intends to send all the documents we have received from France to US Government and independent experts and seek their views as to whether Griffon was a State vessel, as France asserts. We will, of course, forward to you any views we receive on this issue. While this expert analysis is in progress, it would seem to us, as well as to France, that a logical next step would be to proceed with identification of the vessel in question, if necessary under some sort of court order to protect the rights of all involved. France informs us that the French Ministry of Culture is prepared to send a team of 3 or 4 experts for 8 to 10 days to assist with identification, although the issue of who pays for this team and other modalities remains a question to be resolved. Obviously, this represents solely our views as to the best manner in which to proceed and in no way is intended to influence any actions that you or the court may decide is appropriate. Feel free, however, to provide our views to the court for consideration. We would welcome your views on any of the foregoing. Regards, Bob Blumberg Case 1:04-cv-00375-RHB Document 51 Filed 08/16/2005 Page 2 of 18 ----- Original Message ----From: Blumberg, Robert C (OES) To: 'rrobol@columbuscounsel.com' ; 'James Piggush' Sent: Wednesday, July 27, 2005 12:11 PM Subject: French 1675 document re Griffon Per the e-mail I sent yesterday, I have faxed you the French 1675 document regarding the Griffon. Please let me know how you would like to proceed regarding our suggestion to proceed with identification of the vessel and the French willingness to assist. Regards, Bob Blumberg Case 1:04-cv-00375-RHB Document 51 Filed 08/16/2005 Page 3 of 18 MINIST�RE DES AFFAIRES �TRANG�RES Sous-Direction de l'Interpr�tation et de la Traduction D�partement de la Traduction 23, rue La P�rouse 75775 Paris cedex 16 ! : (33-1) 43.17.65.10 Fax : (33-1) 43.17.65.18 M�l : francoise.jammes@diplomatie.gouv.fr cecile.brun@diplomatie.gouv.fr Traducteur : Janet Roberts Maron R�viseur :Isabelle Espalieu (Translated from the French) Memorandum on the Status of the Griffon July 1, 2005 The arguments liable to justify recognizing France's rights to the wreck of the Griffon could be presented in this way. As mentioned in our memorandum of last April 25, Robert Cavalier de la Salle's exploring and colonizing were not merely a personal initiative of an intrinsically private nature but required a King's decree made in his council on May 13, 1675. The royal rights granted to Cavalier de la Salle at his request were in fact the result of an agreement that entrusted Fort Frontenac to Cavalier de la Salle, who was responsible for providing "the country called New France with numerous effects that he has in this Kingdom to raise and build dwellings, which subsequently could greatly help to increase the colonies in that country so that Cavalier de Salle could repay the sum of ten thousand pounds that was required to build Fort Frontenac" (cf. National Archives, Maritime Records B/6/folio 115 back and 116 front). The nature of this donation/counter-donation is confirmed by the Relation des d�couvertes et des voyages du S. de la Salle Seigneur et Gouverneur du Fort de Frontenac au dela des grands Lacs de la Nouvelle France faits par l'Ordre de Monseigneur Colbert, 1679, pp. 80-81 (cf. National Archives, Maritime Records 3/JJ/271 folio 6 front to folio 58 back). This last text clearly states that "He arrived in La Rochelle in 1675 and then in Paris. At the Court he offered to complete this Fort at his own expense and to maintain a sufficient garrison. And as Count Frontenac had provided an advance of 15,000 pounds for both building the Fort and maintaining the garrison, he offered to repay him provided that the Court grant him the right to govern the Fort and its ownership. Monseigneur Colbert approved his proposals and had letters of confirmation sent to him" (cf. National Archives, Maritime Records 3/JJ/271 folio 6 back). The official nature of Cavalier de la Salle's undertakings was demonstrated once again three years later. The Relation des d�couvertes et des voyages du S. de la Salle Seigneur et Gouverneur du Fort de Frontenac au dela des grands Lacs de la Nouvelle France faits par D�partement de la traduction macintosh hd:users:carol:desktop:griffon finale.doc 08/07/2005 17:07 Paris, le 08 juillet 2005 N� 05-1430 1 Case 1:04-cv-00375-RHB Document 51 Filed 08/16/2005 Page 4 of 18 l'Ordre de Monseigneur Colbert again states that "At the end of 1677 Seigneur de la Salle came to France to report to Monseigneur Colbert on what he had accomplished upon carrying out his orders. He then explained to him that this Fort made it much easier for him to make discoveries...(cf. National Archives, Maritime Records 3/JJ/271 folio 7 back). He implored Monseigneur Colbert to commission him to discover the mouth of the great Mississippi River... His Majesty was pleased to grant him the privilege of being the only one to conduct trade in buffalo hides... Seigneur de la Salle left France in July 1678 with Seigneur De Tonty, a Pilot, sailors and many others amounting to 30 persons in all, anchors and fittings for the ships that he wanted to have built, as well as weaponry and the necessary goods..." (cf. National Archives, Maritime Records 3/JJ/271 folio 8 front). Thus it was clearly established by the royal decrees and the contemporaries of the day that Cavalier de la Salle's expenses subsequent to 1678 were incurred to repay his debt to the King dating from May 13, 1675. Furthermore, under the agreement of May 13, 1675, the same day the King conferred a title of nobility on Cavalier de la Salle "I would like Cavalier, his heirs and legal successors to have the benefit of the title of fiefs and to exercise all rights of seigniory and justice which is dependent on the faith and honor that Cavalier de la Salle, his heirs and legal successors are obliged to give us at every transfer, as is the case with everything concerning me and my kingdom...I confer a title of nobility on Cavalier de la Salle and would like all letters patent of nobility be sent to him..." (cf. National Archives, Maritime Records B6 folio 118 back). So, it can be deduced from the status of concessions granted to Cavalier de la Salle of the title of fiefs and the rights of seignoriory and justice that if there is no heir, his property returns de facto to the Crown of France. It is unlikely that an heir claimed his rights to the wreck of the Griffon following Cavalier de la Salle's disappearance in 1686. An indication of the perpetuity of the agreement made on May 13, 1675, between the Royal Crown and Cavalier de la Salle is found in all the principles and precepts in the royal decree that are again mentioned in the Permission au sr de la salle de descouvrir la partie occidental de la nouvelle France du 12 may 1678. "I have very pleasantly received the very humble plea made in your name to allow you to work to discover the western region of New France...(cf. National Archives, Maritime Records F/3/5, folio 41 front) and to carry out this undertaking to build forts in places where you deem necessary, for which I would like you to have the benefit of the same clauses and terms and conditions as for Fort Frontenac following and according to my letters patent of nobility of May 13, 1675...provided nevertheless that you complete this undertaking within five years, otherwise this decree will be null and void" (cf. National Archives, Maritime Records F/3/5, folio 41 back). Therefore, it seems justified to affirm that the action undertaken by Cavalier de la Salle and particularly the building of the Griffon was part of the agreement closely linking it to the Crown of France and that it was indirectly financed by the Crown of France. It can be added that construction of the Griffon was entrusted to the shipwright Mo�se Hillarest. This shipwright immigrated from La Rochelle to Quebec and was virtually systematically called Master Shipwright for the King in the records as well as the building contracts made in the presence of lawyers. It can be supposed that the choice of this shipwright is not immaterial and that the building of the Griffon was in fact part of the agreement linking Cavalier de la Salle to the Crown of France. The links between Mo�se Hillarest and Cavalier de la Salle are also clearly stated in the document dated November 17, 1680, entitled D�claration faite pardevant le Sr Duchesneau intendant en Canada par Moyse hillaret Charpentier de barque cydevent au service du Sr de la Salle (cf. National Archives, D�partement de la traduction macintosh hd:users:carol:desktop:griffon finale.doc 08/07/2005 17:07 2 Case 1:04-cv-00375-RHB Document 51 Filed 08/16/2005 Page 5 of 18 Maritime Records F/3/2 folio 66 front). In this declaration, Mo�se Hillaret points out that "Seigneur de la Salle had sent the men named la Chapelle and No�l le Blanc to Michilimagninac to await the return of his ship in which there were 12,000 to 13,000 pounds of furs and 4000 pounds of goods". It is clearly referring to the Griffon and it would later be discovered that the ship had disappeared. Lastly, it is worth noting that, for their part, French historians generally regard the G r i f f o n as a royal ship. Serving as proof, this ship is mentioned in the list of B�timents Canadiens d'Exploration on page 201 of the book by Alain Demerliac entitled Nomenclature des vaisseaux du Roi Soleil, 1661 � 1715, Editions Om�ga, 1992. For Jean-Luc Massy Head of the French Department of Underwater Archeological Research (DRASSM) Michel L'Hour Head Curator of Heritage D�partement de la traduction macintosh hd:users:carol:desktop:griffon finale.doc 08/07/2005 17:07 3 Case 1:04-cv-00375-RHB Document 51 Filed 08/16/2005 Page 6 of 18 Table of documents used and references of the lines quoted in the memorandum of July 1, 2005 Page 1: National Archives, Maritime Records, B/6 folio 115 back: Arrest qui accepte les offres faites par R. Cavalier S. De la Sale, a Compiegne le 13 May 1675: lines 19-21. Page 2: National Archives, Maritime Records, B/6 folio 116 front: Arrest qui accepte les offres faites par R. Cavalier S. De la Sale, a Compiegne le 13 May 1675: lines 1-6. Page 3: National Archives, Maritime Records, B/6 folio 118 back: lines 1-7. Page 4: National Archives, Maritime Records, 3/JJ/271 folio 6 back, Relation des d�couvertes et des Voyages du S. De la Salle seigneur et gouverneur du fort de Frontenac, au dela des grands Lacs de la nouvelle France faits par l'ordre de Monseigneur Colbert, 1679, pp. 80-81: lines 1-6. Page 5: National Archives, Maritime Records, 3/JJ/271 folio 6 back, Relation des d�couvertes et des Voyages du S. De la Salle seigneur et gouverneur du fort de Frontenac, au dela des grands Lacs de la nouvelle France faits par l'ordre de Monseigneur Colbert, 1679, pp. 80-81: lines 18-26. Page 6: National Archives, Maritime Records, 3/JJ/271 folio 6 back, Relation des d�couvertes et des Voyages du S. De la Salle seigneur et gouverneur du fort de Frontenac, au dela des grands Lacs de la nouvelle France faits par l'ordre de Monseigneur Colbert, 1679, pp. 80-81: lines 22-25. Page 7: National Archives, Maritime Records, 3/JJ/271 folio 6 back, Relation des d�couvertes et des Voyages du S. De la Salle seigneur et gouverneur du fort de Frontenac, au dela des grands Lacs de la nouvelle France faits par l'ordre de Monseigneur Colbert, 1679, pp. 80-81: lines 5-7; 9-11; 13-17. Page 8: National Archives, Maritime Records F/3/5 folio 41 front, Permission au s. De la Salle de descouvrir la partie occidentalle de la nouvelle France, du 12 may 1678: lines 8-11. Page 9: National Archives, Maritime Records F/3/5 folio 41 front, Permission au s. De la Salle de descouvrir la partie occidentalle de la nouvelle France, du 12 may 1678: lines 6-12; 15-17. Page 10: National Archives, Maritime Records F/3/2 folio 66 front, Declaration faite pardevant le s. Duchesneau Intendant en Canada par Moyse Hillaret charpentier de barque cydevant au service du S. De la Salle, du 17 novembre 1680: lines 24-26. Page 11: Alain Demerliac Nomenclature des vaisseaux du Roi Soleil, 1661 � 1715, Editions Om�ga, 1992, page 201: lines 55-57. 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