IMAGE EVALUATION TEST TARGET (MT-3) .^^% 1.0 I.I Li£|2.8 |2.5 £f Ufi 12.0 12.2 IL25 III 1.4 Va S% /a / ^J^^ Photographic Sciences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. MSN (716)872-4503 •SJ \ \\ <^ <(* >^ ' (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Un des symboles suivants apparattra sur la derniftre image de cheque microfiche, selon le cas: le symbols —► signifie "A SUIVRE". le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre fiimte d des taux de reduction diffirents. Lorsque ie document est trop grand pour dtre reproduit en un seui clich6, il est filmi A partir de Tangle sup6rieur gauche, de gauche h droite. et de haut en bas, en prenant ie nombre d'images nicessaire. Les diagrammes suivants iilustrent la m^thode. 1 2 3 1 2 3 4 5 6 r//-3Leo ^1 *: I' i } 25th Congress, 2(/ Session. .•■■^w^rir^: [ Doc. No. 74. ] / £•* Ho. ot Reps- Executive. \i (" ^■i:0-i V. MEXICO—TEXAS— CAN ADA. ^ , MESSAGE iV. ■. f. , ? TBOX THE PBJISIDENT OF THE UNITED STATES, tnll Transmitting the information required hy a resolution of the House of Representatives of the 5th of January instant j 4'C. '. •)■()■ January 8, 1838. Referred to the Committee on Foreign Affairs. 51G.^ •-it 7 '■• )''! ■• •■ o? x.;H .-il/I To the House of Bepresentatives of the United States: ^ - - r' -^^ I herewith transmit to the House of Representatives a report and ac- companying documents from the Secretary of State, in comphance with a resolution of that body dated the 5th instant. M. VAN.BUREN, Washington, JanMflry 8, 1838. < '■" ." ^ j/V'^;*^ . .•^8.1. >: Department OP State, ^yj-;!^ . ' .Vi. f JO T, !am Jl' !o.;!iQb..- VTashington, January 8, 1836. 7b /Ae President of the United States : u^.-/ - ■• iv,v ■ . t .li*! The Secretary of State, to whom have been referred certain resolutions of the House of Representatives, dated the 5th instant, the second of which requests the President of the United States to conmunicate to that body " copies of ail instructions to the oflSicers of the Government of the United States, and all correspondence with them, with the Governors of any of the States, and with the Governments and officers of Mexico and of Great Britain, concerning the preservation of the neutrality of the United States,; in the civil wars and insurrections in Mexico and in any of the British Provinces north of the United States, since the year 1829 ; and particu- larly of a letter from the late President of the United States to the Secre- tary of the Territory of Arkansas, dated on or about the 10th of December, 1830," has the honor to report to tho President the accompanying papers, embrac ii;g all the instructions and correspondence requested by the reso- Thomas Allen, print. ' r- nivm^^-^.rtrrT^^.ii^A t'jriftk*' ii^ifjK Vi 2 i [ Doc. No. 74. ] lution above cited, not already published,* with the exception of the letter from the late President of the United States to the Secretary of the Terri- tory of Arkansas, said to be dnted about the 10th of December, 1830. The files of this Department have been carefully examined, but no letter has been found from the late President to the Secretary of Aikansas. Respectfully submitted. JOHN FORSYTH. LIST. Mr. Carleton to Mr. Forsyth, October 21, 1835. Mr. Forsyth to Governor White, October 27, 1835. The same to Mr. Carleton, October 27, 1835. Mr. Price to Mr. Forsyth, November 9, 1835. The same to the same, with enclosures, November 13, 1835. Mr. Blache to Mr. Forsyth, with an enclosure, November 16, 1835. Mr. J. Forsyth, jr. to Mr. Forsyth, November 18, 1835. Mr. Carleton to Mr. Forsyth, with enclosiues, January 21, 1836. The same to the same, with an enclosure, March 7, 1836. Mr. Sanders to Mr. Forsyth, April 22, 1836. Mr. Gaines to Mr. Forsyth, May 22, 1836. Mr. Fox to Mr. Forsyth, November 28, 1837. Mr. Forsyth to Mr. Fox, December 2, 1837. Same to Governor Dunlap, December 5, 1837. Mr. Fox to Mr. Forsyth, with enclosure, January 4, 1838. Mr. Forsyth to Mr. Fox, January 5, 1838. Same to Mr. Kellogg, December 7, 1837. Same to Governor Marcy, December 7, 1837. Mr. Trowbridge to Mr. Fiilmore, December 12, 1837. Same to the President, December 14, 1837. Governor Jenison to Mr. Forsyth, December 16, 1837. Mr. Wright to Mr. Forsyth, with enclosures, December 16, 1837. Mr. Forsyth to Mr. Wright, December 18, 1837. Mr. Benton to Mr. Forsyth, with enclosure, December 18, 1837. Mr. Kellogg to Mt. Forsyth, December 20, 1837. Mr. Forsyth to Mr. Kellogg, December 20, 1837. Mr. Fillmore to Mr. Poinsett, with enclosure, December 21, 1837. Mr. Forsyth to Mr. Benton, December 21, 1837. Mr. Woodbury to Mr. Forsyth, with enclosure, December 21, 1837. Governor Mason to Mr. Forsyth, December 21, 1837. Mr. Barker to the President, December 23, 1837. Mr. Benton to Mr. Forsyth, with enclosures, December 26, 1837. Mr. Forsyth to Governor Jenison, December 27, 1837. Same to Mr. Kellogg, December 29, 1837. Mr. Woodbury to Mr. Forsyth, with enclosures, January 5, 1838. Mr. Forsyth to Mr. Btniton, January 5, 1838. Mr. Woodbury to Mr.. Forsyth, with enclosure, January 6, 1838. * See document No. 256, 24.th Congress, Ist session. Document No. 105, 2 Ith Congress, 2(1 session, and document No. 2, accompanying the messflge of tlie President at liie opening of the 2d session of the 24th Cor gress. Document No. 139, ?;4th Congress, 2d session. etter erri- 830. itter nying Cop [ Doc. No. 74. ] S Mr. Carleton to Mr. Forsyth. New Orleans, October 21, 1835. Sir : I have the honor herewith to forward to you several of the news- papers of this city, from which the President will be fully apprized of the nature of the excitement felt here at the present situation of Texas, and the part Avhich some of our citizens seem disposed to take in the struggle about to arise between that Province and the parent State. There can be no doubt that certain persons intend to proceed thither, to act in con- cert with the Texans, should an occasion present itself. Yet, when the matter is more narrowly investigated, it is difficult to apply to them the provisions of the second or sixth sections of the act of the 20th April, 181(8 ; for it does not appear that any regular enlisting or entering as soldiers has taken place within the meaning of the statute, or that any definite or tangible military expedition or enterprise has been set on foot or begun. I have just had an interview upon this subject with the Mexican con- sul, to whom I expressed a willingness to prosecute, under that law, for any offence committed against his Government, whenever himself or any one else would indicate the testimony upon which proceedings could be properly based. He seemed to think his agency would be unavailing, and said he could do nothing more than communicate the facts, as they occurred, to the officers of his Government. I have the honor to be, Very respectfully, Your obedient servant, HENRY CARLETON. Hon. John Forsyth, Secretary of State, Washington City. Mr. Forsyth to Governor White. Department op State, Washington, October 27, 1835. Sir : The contest which is apparently beginning in a territory adjoin- ir the United States, between parties of the Mexican empire, and recent publications in the public journals of New Orleans, lead to an apprehension that attempts may be made to violate the laws of the United States, passed to preserve the relations of amity with foreign Powers, and to fulfil the obligations of our treaties with them. By the directions of the President, I have the honor to request the attention of your excellency to any movements of that character that may be contemplated in Louisi- ana, and your prompt interference, and that of the officers of the United States, to arrest the parties concerned, if any preparations are made of a hostile nature against any foreign Power in amity with the United States. I have the honor to be, sir, Your obedient servant, JOHN FORSYTH. His Excellency Edward D. White, Governor of the Slate of Louisiana. 1: 4 [ Doc. No. 74. ] Mr. Forsyth to Mr. Carleton. Departmi:nt of State, Washington, October 27, 1835. Sir : I am directed by the President to call your attention to the re- cent publications in the extra New Orleans True American of the 1 3th instant. In the too probable event of a contest between the different portions of the Mexican empire, in the quarter adjoining the United States, some of our citizens may, from their connexion with the settlers there, and from their love of enteiprise and desire of change, be induced to forget their duty to their own Government and its obligations to foreign Powers. It is the fixed determination of the Executive faithfully to dis- charge, so far as his power extends, all the obligations of Mie Govern- ment, and that obligation especially that requires that we shall abstain, under every temptation, from intermeddling with the domestic disputes of other nations : you are therefore earnestly enjoined to be attentive to all movements of a hostile character, contemplated or attempted, within your district, and to prosecute without discrimination all violators of those laws of the United States, which have been enacted to preserve peace with foreign Powers, and to fulfil the obligations of our treaties with them. I am, sir, your obedient servant, JOHN FORSYTH. To Henry Carleton, Esq. Attorney oj the 17. S. for the East, Dist. of Louisiana. Mr. Price to Mr. Forsyth. United States District Attorney's Office, New York, November 9, 1835. Sir : I have the honor to acknowledge the receipt of your letter of the 4th instant, calling my " attention to the probable event of a contest be- tween certain portions of the Mexican empire, in those parts thereof which adjoin the United States.*' I have this day communicated with the collector of this port upon the subject, and especially requested him to report to me forthwith, for prose- cution, any violation of the act of the 20th April, 181S, entitled " An act in addition to an act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned." I will, in all respects, bestow the utmost attention on " all movements in this district which may in anywise tend to sustain the obligations of the Govern- ment, and more especially of that which requires that we should abstain, under every temptation, from intermeddling with the domestic dissensions of other nations." I have the honor to be, sir, very respectfully. Your obedient servant, WILLIAM M. PRICE, U. S. District *^ttorney. To the Hon. John Forsyth, Secretary of State, Washington. [ Doc. No. 74. ] Mr. Price to Mr. Forsyth. 5 U. S. District Attorney's Office, Neio York, November 13, 1835. Sir : In pursuance of the instructions in your letter of the 4th instant, I have the honor to repcrt the proceedings I liave taken in furtherance of its object. As tlie provisions of the 10th and 11th sections of the act of April 20, 1818, peculiarly address themselves to collectors, on the 6th instant I communicated u copy of your instructions to the collector of this port, ac- companied with a letter, of which I enclose a copy. No. 1. On the same day I addressed a letter to the Mexican consul residing in this city, from whom, on the following day, I received a reply, of which I furnish you with a copy, and also with a copy of my letter to him, Nos. 2 and 3. One of the deputy marshals attended at the meeting referred to in the letter of the consul ; and on reporting to me substantially its proceedings, the reso- lutions did not designate the use to which the money proposed to be con- tributed was to be applied. I, nevertheless, considered it to be my duty to present the case to the attention of the grand jury, now sitting. A doubt arising whether the provisions of the sixth section (for there was clearly no evidence applicable to any other provisions of the act) had been violated, the grand jury formally propounded a question to the court. Judges Thompson and Betts concurred in a written opinion in reply : a copy of which I herewith transmit, together with the copy of the question proposed by the grand jury, No. 4. The section referred to does certainly admit of the literal construction given to it by the court, and would be well amended by striking out the words in the fourth line, to wit : " to be carried on from thence ;" and it would be well also to make it penal to " combine, confederate, or agree, directly or indirectly, to promote, aid, or assist such expedition or enter- prise." I have this day received from the Mexican consul resident here, a letter, a copy of which I enclose, calling my attention to an advertisement in the " Times," giving the proceedings of a meeting held last evening at Tammany Hall, with regard to the American territory of Texas. I wijl forthwith endeavor to obtain evidence of the establishment of the recruit- ing office referred to by the consul, such acts being unquestionably in vio- lation of the statute referred to. No. 6. I have the honor to be, very respectfully, sir, Your most obedient servant, WILLIAM M. PRICE, U. S. District %flttoTney, To the Hon. John Forsyth, Secretary qf State, Washington. %\\\ n 6 \ Doc. No. 74. ] No. 1. Mr. Price to Mr. Swartwout. United States District Attorney's Office, New Yorkj November 6, 1835. Sir : I have the honor to communicate to you a copy of a letter this day receiTed by me from the honorable the Secretary of State, dated the 4th in- sant, and refer you for your government in the premises generally to the provisions of the act of the 20th of April, 1818, entilied <' An act in addi- tion to an act for the punishment of certain crimes against the United States," and to repeal the acts therein mentioned, and especially to the 10th and 11th sections of the act, 6th volume Laws of the U. S., p. 320. With very great respect. Your most obedient servant, WILLIAM M. PRICE, United States District Attorney. To Samuel Swartwout, Esq. Collector of the port of New York. No. 3. Mr. Price la Mr. Gonzalez. United States District Attorney's Office, New York, November 6, 1835. Sir : I have the honor to advise you that I have this day received in- istructions from the honorable the Secretary of State of the United States, zealously to exert myself, as the prosecuting oflScer of the Government, to prevent all persons in this district from directly or indirectly taking part in a contest which may possibly occur between the different portions of the Mexican empire adjacent to the United States, and to prosecute indis- criminately all violations of the laws of the United States which have been enacted for the preservation of the public peace and the fulfilment of the obligations of treaties with foreign nations. Permit me, sir, to refer you to an act of Congress of the United States, passed on the 20th of April, 1818, entitled " An act in addition to an act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned," 6th volume United States Laws, page 320; and to request you to advise me of any violation of its provisions within this district which may come to your knowledge, that I may pursue such legal measures as occasion may require to bring the offenders to justice. I am, sir, with great respect. Your most obedient servant, WILLIAM M. PRICE, United States District Attorney, To Senor P. Gonzalez, Consul of Mexico to the United States. |5. day in- the Iddi- lited the 1320. [ Doc. No. 74. J t No. 3. Mr. Gonzalez to Mr. Price, New York, November 10, 1836. Sir : I have the honor to acknowledge the receipt of your official letter of yesterday, by which you inform me that instructions have been directed to you from the honorable the Secretary of State of the United States to zealously exert yourself, as the prosecuting officer of the Government, to prevent all persons in this district from directly or indirectly taking part " in a contest that may possibly occur between the different portions of the Mexican empire adjacent to the United States, and to prosecute indiscriminately all violations of the laws of the United States which have been enacted for the preservation of the public peace and the ful- filment of the obligations of treaties with foreign nations." You further refer me to the act of Congress of the United States passed on the 20th of April, 1818, entitled " An act in addition to an act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned," requesting that I advise you of any violation of its provisions within this district which may come to my knowledge. Allow me, therefore, sir, to call your attention to a resolution adopted on Saturday, the 7th instant, in a public meeting held at the Shaks- peare hotel, " in favor of aiding the cause of Texas, or the Texonians, in their struggle for freedom." This resolution, published in most of the papers of this city, is the appointment of " a committee of citizens to solicit and receive subscriptions for the benefit of the Texonians." Although the resolution, in itself, does not purport any hostile or warlike measure, taking into consideration the object of the meeting, there can be no doubt but that it is the first of further steps that are to be taken towards a direct interference, on the part of a great number of citizens of these United States, with the political disturbances which actually exist between a portion of the Mexican republic adjacent to the United States, as the territoiies o£ Texas are. I suggest to you this observation in the dis- charge of my duty as consular agent of the United Mexican States, and to comply with the request contained in your note that you will pursue the measures which the law has intrusted to you. With great respect, Your obedient servant, P. GONZALEZ, Mexican Vice Consul for New York, To William M. Price, Esq. United States Mtorney for the Southern district of New York. 1 i ■I U. I No. 4. The grand jurors of the United States for the southern district of New York, in the second circuit, respectfully submit to the honorable circuit court of the United States the following inquiry, in relation to a mat- ter at present under their consideration : HI « [ Doc. No. 74. ] Is it, or not, a violation of the 6th section of the act of Congress, passed on the 20ih of April, 1818, entitled "An act in addition to an act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned," that meetings should be held in this district, and co:r)raittees appointed to provide means and make collections for the purpose of en!\bling the inhabitants of Texas to engage in a civil war with the sovereignty of Mexico, now at peace with the United States ? GIDEON TUCKER. To which proposition the court replied as follows : In answering the foregoing inquiry, the court will confine itself to the facts stated, and the section of the law referred to. The inquiry is, whether m'^etings held in this district, (or State,) and committees ap- pointed to provide means and make collections for the purpose of ena- bling the inhabitants of Texas to engage in a civil war with the sove- reignty of Mexi.-'o, is a violation of the section of the law referred to ? That section of the act is as follows : " And be it further enacted. That Jf any person shall, within the territory or jurisdiction of the United Slates, begin to set on foot, or provide or prepare the means for, any mil- itary expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or State, or of any colony, district, or people with whom the United States are at peace, every per- son so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years." This section applies only to military expeditions and enterprises to be carried on from the United States against any foreign Power with which we are at peace. No person shall begin or set on foot, or provide or prepare the means for. any military expe'lition or enterprise, to be carried on from thence ; that is, from the United States, or the territory within their jurisdiction. Donations in money, or any thing else, to the inhabitants of Texas, to enable them to engage in a civil war with the sovereignty of Mexico, is in no sense beginning, or setting on foot, or providing the means for, a military expedition /rom the United States or their territory. The answer, therefore, to the question put by the grand jury, is, That the facts stated do not amount to any offence, under the 6th section of the act jeferred to. No. 5. Mr. Gonzalez to Mr Price. New York, November 13, 1835. Sir : I have the honor to enclose a number of the " New York Times,'' of this day, in which you will find reported the proceedings of a meeting held last evening at Tammany Hall, with regard to the American terri- tories of Texas adjacent to the United States. By these proceedings, it is plainly ascertained that there exists in this district an organized body £iess. :r. [ Doc. No. 74. ] 9 ;{!i; of American citizens, with the avowed purpose of aiding the people of Texas in their revolutionary movements against the Government and laws of the United Mexican States. It was resolved, as you will perceive in the report, to appoint un executive committee to manage the col- lections that may be made for the support of the Texonians ; and mo- neys have already been raised to that end. It was, besides, announ- ced in the said meeting, that a recruiting-office is '>"on in No. 62, Front Street, to those who will enlist themselves to take u^ rms on the side of the revolted Texonians. In my communication of the 10th instant, in answer to your note of the Gth, I mentioned that the resolution adopl? 1 in tiie meeting held at the Shpksp, ,ire hotel, on Saturday, the 7th, in favor of Texas, ought to be consiuered as the first of furthor steps that were to be taken towards I Mrect interference on the part of a great number of American citizens in the political afl'airs of Mexico. It is now certain, sir, that this inter- ference 13 undertaken by a body of citizens, in violation of the law of nations, and of the laws of the United States enacted to enforce It. I therefore denounce to you th^se proceedings, as well as the meas- ures that are to be their consequence, and which are to set on foot, pre- pare, and provide the means for a military expedition to be carried on from thence against the Mexican territory ; and solemnly protest against them as a violation of the law of nations and of the laws of the United States enacted for the pteservation of the public peace, and the fulfil- ment of the obligations of treaties with a friendly Power, with which the United States are at peace. With great respect, Your obedient servant, P. GONZALEZ, Mexican Vice Consul for New York. William M. Price, Esq., U. S. District Attorney for the Southern District of New York. Mr. Blache to Mr. Forsyth. Department of State, New Orleans J Novembei' 16, 1835. Sir: I am directed by the Governor to acknowledge the receipt of your communication of the 27th ultimo, touchh.g certain demonstrations in New Orleans on the subject of the Mexican affairs. No official information of attempts of the kind alluded to having been given at this office, and such offences being cognizable by the tribunals of the United States, the authorities of the General Government could probably exert a more efficient action in repressing them. With the view, however, of co-operating in the maintenance of the laws^ the Governor has issued a proclamation, inserted in the " Bee," of which a number is herewith forwarded to the Department. I have the honor to be, with great respect, ' ■ . ^ , Your obedient servant, MARTIN BLACHE, Secretary of State. The Hon. John Forsyth, Secretary of State. .'I ' 10 [ Doc. No. 74. ] PROCLAMATION By Edward D. White^ Governor of the State of Lousiana. Whereas the United States are now at peace with the neighboring States of Mexico, in which some hostile movements have occurred be- tween the existing Government there and a portion of their people, in which contest there has been in the State of Louisiana some manifesta^ tion of interest, which might lead not only to an infraction of our laws, but tp a breach of national faith and honor ; the citizens of the State, and others within its jurisdiction, are reminded of the provisions of the 2d section of the act of Congress of April 20th, 1818, which is in these words : " If any person shall, within the territory or jurisdiction of the Uni- ted States, enlist or enter himself, or hire or retain another person to en- list or enter himself, or to go beyond the limits or jurisdiction of the United States, with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person so oifending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years." This act does not " extend to the subject or citizen of any foreign prince, state, colony, district, or people, who shall transiently be^ within the United States, and shall on board of any vessel of war, letter of marque or privateer, which, at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, or hire or retain another subject or citizen of the same foreign prince, state, colony, district or people, who is transiently within the United States, to enlist or enter himself to serve such foreign prince, state, colony, district or peoplo, on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district or people." Now, therefore, I, Edward D. White, Governor of the State of Louis- iana, issue this my proclamation, calling upon all magistrates and other officers of justice, and upon all good citizens, to assist in preventing the violation of this law, and in bringing to punishment those who may offend against it. Given under my hand, and the seal of the State, at New Orleans, this 13th day of November, 1836, and of the independence of the Uni- ted States the sixtieth. By the Governor : Martin Blache, Secretary of State. E. D. WHITE. Mr. J. Forsythy Jvn. to Mr. Forsyth. District Attorney's Office, Mobile, Alabama, November 18, 1835. Sir : I have the honor to acknowledge the receipt of your communi- cation of the 4th instant, upon the subject of the interference of Amer- ican citizens, within this district, in the " domestic dissensions" of Gen- [ Doc. No. 74. J 11 boring ed be- ple, in ^ifesta* laws, State, of the these tral America. There is no question in my mind but that the 6th section of the act of Congress approved April 20, 1818, entitled " An act in ad- dition to the act for the punishment of certain crimes against the United States," &c. has been grossly violated, both in its letter and spirit, by many of the most respectable and influential citizens of this State and city. During my absence from the State in October last, several public meetings were held in this city for the avowed purpose of raising men and money to succor the insurgents of Texas ; and a company of 30 men was actually equipped and despatched from this city, and are now in arms in Texas against the Government " de facto." I am at a loss to determine whether your instructions should be applied to the cases that have passed ; whether they should be retrospectively obeyed ; or whether this last proposition is not negatived by the concluding para- graph of your letter, which reads thus : " You aro'therefore earnestly enjoined, should this contest begin, to be attentive to all movements of a hostile character against either party, &c. ; and to prosecute, without discrimination, all violations of those laws of the United States which have been enacted for the preservation of peace," &c. In this state of doubt, I respectfully request further instructions in regard to the past offences against the law, and submit whether it would not be expedient to give notice within this district that offenders under this law would be prosecuted for the same. It is hardly necessary to add, that if any new case should arise under the law and treaty in question, the offenders shall be promptly pros- ecuted, and every effort made upon my part to bring them to justice and a sense of their obligations and duties to the Government. I have the honor to be. With great respect. Your obedient servant, JOHN FORSYTH, Jun. Hon. John Forsyth, Secretary of State. Mr. Carleton to Mr. Forsyth. New Orleans, January 21, 1836. Sir : There have been so many contradictory newspaper accounts concerning certain expeditions and armaments said to have been fitted out at this city in aid of the Texans, in their struggle with Mexico, that I aave thought it incumbent on me to place the subject, through you, in its proper light before the President. On the 26th ultimo I received the communication, a printed copy of which is annexed, and marked A. Some of the signers are officers of insurance companies in this city, and the others members of the princi- pal commercial houses engaged in the Mexican trade. My reply is con- tained in the paper marked B. On the 3 1st ultimo, the piece marked C appeared in the Union, an obscure paper printed in this place. Upon an interview with the col- lector, it was thought best to institute proceedings against the schooner 12 [ Doc. No 74. ] Brutus, mentioned in document A. Accordingly, on the 4th instant, I caused nearly all the signers of the document as also the editor of the Union and author of the paper C, to be summoned before Mr. Justice Preval; whereupon twenty witnesses were examined, without obtaining a syllable of information touching the matters alleged. Every thing stated by them resolved itself into hearsay or common report. The examination took a wide range, and continued two days, referring to other armaments said to have been fitted out, as well as that under con^ sideration. Since these proceedings, nothing further has been said on the subject of such armaments, either in the papers or among the citizens. Enclosed are copies of the depositions of the witnesses ; from which it will appear that the examination was thorough and rigid, and that in- formation was sought especially fro.na those who were most interested in obtaining it. The paper D contains a notice of the issue of the examination. I have the honor to be, Very respectfully. Your obedient servant, HENRY CARLETON. Hon. John Forsyth, Secretary of State^ Washington City. A. New Orleans, December 26, 1835. To Henry Carleton, Esq., United States District Attorney. Being informed that the schooner Brutus has been purchased, and is now fitting out, armed with six cannon, and one large one on a pivot, for the purpose of capturing Mexican vessels, which, with their cargoes, are principally insured by the underwriters of this city; and as our coun- try is at peace with Mexico ; we, the undersigned, request that immediate measures may be taken to prevent said vessel from leaving this port. John A. Mirie & Co. Messrs. CucuUa, Lapeyre & Co. Chalaron. S. T. Hobson & Co. Western Marine and Fire Insurance Co., by L. Matthews, president. Atlantic Insurance Company, by G. W. White Lee. Godfrey, Blossom, & Co. J. K. West, president of Louisiana State Marine and Fire Insurance Company. Thomas Urquhart, president New Orleans Insurance Company. Merchants' Insurance Company, by M. Morgan, president. M. de Legardi & Co. F. Gillit & Co. Kohn, Daron, & Co. [ Doc. No. 74. ] 13 Harrison, Brown, & Co. J. W. Zacharie & Co. Herman & Co. Gasquet, Parish & Co. G. Vance and R. Gamble. A. & R. Dennistoun & Co. J. Pratt & Son. A. M . Miranda & Co. J. M. Caballero. Francisco Tio. John Crosby. R. & J. Curell. B. The Courier, New Orleans, Tuesday evening, December 29, 1835. New Orleans, December 28, 1835. Gentlemen : This acknowledges the receipt of your communication of the 26th instant, in which you state that you are informed the schoo- ner Brutus is now fitting out, and armed with cannon, for the purpose of capturing Mexican vessels, and request that immediate measures may be taken to prevent her departure from this port. I regret, gentlemen, that you had not at the same time furnished me with proper affidavits, or the names of witnesses, who could set out spe- cifically the facts upon which judicial proceedings might be based. Mr. Curell, who delivered your letter, informed me that efforts were then making to procure such affidavits, and that the result would be made known to me. In the mean while I have had an interview with the col- lector, who will promptly act, as far as he is warranted, upon the inform- ation imparted to him. The law wisely and justly forbids any outfit of vessels in our ports, with intent to commit hostilities upon any people at peace with the Uni- ted States ; and though my duty requires that I should prosecute for violations of that law, yet it does not require me to institute proceedings upon the testimony of mere common report. Notwithstanding it is cur- rently said that such armaments have been fitted out at New Orleans, and soldiers enlisted, with intent to commit hostilities upon the Mexi- cans, nevertheless no person can be found in this entire population to make an affidavit of the facts, or indicate a single witness who can es- tablish them. Allow me, therefrie, gentlemen, to state distinctly to yourselves, and all those who may conceive that the officers of the Gov- ernment are remiss in their duty, that these are the only legitimate grounds upon which prosecution can be instituted and maintained, and to assure yr that, whenever they are furnished to me, my effijrts shall not be wanting to enforce the penalties of the law. I have the honor to be, gentlemen. Very respectfully, your obedient servant, HENRY CARLETON. To Messrs. Cuculla, Co., and others. Lapeyre & Co., Chalaron, S. T. Hobson & m M U i t4 [ Doc. No. 74. ] D. We understand that an inquiry has been made before Mr. Justice Pre- val, at the request of the collector of this port, by the district attorney of the United States, into a charge against Mr. Alien, of having armed and fitted out the American schooner Brutus, with the intention to com- mit hostilities upon Mexican commerce. A large number of witnesses were examined. Among them were the gentlemen who addressed a communication to Mr. Carleton, published in the papers of this city a few days ago; the editor of the Union; and several other persons, who, it was said, could give information on the subject. No evidence, however, was elicited sufficient to justify any process against Mr. Allen. The testimony of his agent, and others, left no doubt that it was the intention of Mr. Allen to employ the Brutus as a regular trader between this city and Texas, and that all charges of an '.Uegal intention on his part were unfounded, and to be traced only to general rumor. The judge, alter a careful examination of all the wit- nesses, unhesitatingly refused to issue any criminal process against Mr. Allen. Mr. JusHce Preval, associate justice of the city court. The United States, versus A. C. Allen. Information having been communicated to me by the collector of this port, that a certain American schooner, called the Brutus, has been fitted out in New Orleans, where she now is, and armed with intent to commit hosf'lities and cruise against Mexican vessels, will you have the good- ness to issue subpoenas for the following witnesses, who have been indica- ted to me as having a knowledge of the necessary facts upon which pro- ceedings can be had against Mr. Allen. Very respectfully, HENRY CARLETON. M. S. Cuculla, '^eing duly sworn, deposes and says that he knows n'^thing about the schooner Brutus, except what he has seen in the pub- lic papers of this city, having been absent since the 24th of December last, on a voyage to Mobile and Pensacola. M. S. CUCULLA. Sworn to and subscribed before me, New Orleans, January 4, 1836. GALLIEN PREVAL, Judge. James Ramage, being duly sworn, deposes and says that it is to his knowledge that the schooner Brutus has been under repairs on the right side of the Mississippi ; that she is now on this side of the river, and is armed ; that she has on board a pivot gun ; and, further, she has port- ice Pre- attorney 5 armed to com- ^itnesses ressed a is city a ns, who, • f process , left no itus as a ^es of an d only to the wit- linst Mr. or of this een fitted to commit the good- en indica- K-hich pro- ETON. he knows n the pub- December LLA. , Judge. t is to his n the right vcr, and is 1 has port- [ Doc. No. 74. ] 15 holes and two other guns : last time witness saw those guns was Satur- day last, the 2d of January instant. JAMES RAMAGE. Sworn to and subscribed before me, GALLIEN PREVAL, Jwd^e. New Orlkans, January ^^\9>^Q. James Curell, being duly sworn, deposes and says that he knows nothing from his own personal knowledge relative to the schooner Bru- tus ; that what he knows abou^ this matter, he knows it by information from other persons. JAMES CURELL. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, Jani/ar*/ 4, 1836. Augustus S. Martin, being duly sworn, deposes and says that he knows nothing about the schooner Brutus, and Mr. Allen, except what he has learned by a letter of Mr. Allen, published in the newspapers of this city ; which letter is now annexed to his declaration. AUGUSTUS S. MARTIN. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, January 4, 1836. John F. Carter, being duly sworn, deposes and says that he knows nothing about the American schooner Brutus, except what he has heard from public report ; that he is the editor of the J7mon, ( a newspaper published in this city. ) Witness being asked for the sources of his in- formation upon which he wrote and published a piece in the " Union," of the 31st of December last, he refused to give the sources of information t which he made the said publication. Witness says that there aie no details mentioned in his publication ; the said piece is an editorial one ; he knows the facts mentioned in the said piece, both by himself and public report. Being asked whether the fitting out and armaments, in sight of the custom-house, is a fact which has come to his personal knowledge, or from report, he says he cannot call to mind which way, nor can he state the name of any particular vessel ; but he is under the impression that it was either the Columbus or the vessel that General Mehia went in. He tliinks that it is possible that he saw the vessel, but cannot state which vessel it was. He does not recollect of having seen any arms on board, nor where the vessel was lying at the time, nor how long ago it was. Witness knows nothing about Mr. Allen. Being asked what are the names of the many respectable citizens ( alluded to in his publication) who might give information relative to the armaments of vessels in this port, he answers that he cannot now state their names, hut will give a list of them to Mr. Carleton, the district attorney of the United States. The collector of the port, Mr. Breedlove, wrote a let- ter, addressed to witness, asking information about the said publication, and an answer has been returned to the collector. JOHN F. CARTER. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, January A, 1836. II ?Mi 16 [ Doc. Xo. 74. ] Thomas Urquhart, being duly sworn, deposes and says that he knows nothing from his own personal knowledge about the American schooner Brutus being fitted out to go and cruise against Mexican vessels ; he knows it only from public repo : ; he knows of no fact which could lead to the discovery of the matter, nor does hp know the name of any wit* ness. Witness is the president of the New Orleans Insurance Com- pany : he says that the paper attached to his deposition is the copy of the original, which he signed himself, and which was sent to the district attorney of the United States. THOMAS URQUHART. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, January 4, 1836. John Martial Lapeyre, being duly sworn, says that he is one of the subscribers to the petition or letter (of which the foregoing is a copy) addressed to Henry Carleton, Esq. as district attorney of the United States. He knows nothing about the facts contained in it ; but having seen it signed by many respectable citizens, and having reason to believe that they knew the facts alleged in the petition, and, further, having a direct interest in the matter, these considerations induced him to sign the said petition or letter. J. M. LAPEYRE. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, January 4, 1836. John Gamier, being duly sworn, says that he knows nothing from his personal knowledge of the schooner Brutus^ nor of Mr. Allen. He knows only by public report that the said schooner Brutus was fitting out in this port to go and cruise against Mexican vessels. JOHN GARNIER. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, January 4, 1836. John A. Merle, being duly sworn, deposes and says that he knows nothing from his personal knowledge of the schooner Brutus, nor of Mr. Allen ; but having hea. d by public report that that vessel was arming and fitting out in this port with the purpose of cruising against Mexican vessels, and being much interested in the commercial trade on the coast of Mexico, he thought proper to sign an address to the district attorney of the United States, to recommend him to take some measures on that subject. He does not know of any person who can attest the facts by personal knowledge. JOHN A. MERLE. Sworn to and subscribed before me. New Orleans, January 4, 1836. GALLIEN PREVAL, Judge. William Christy, being duly sworn, deposes and says that he knows nothing about Mr. Allen, except this : that about two weeks ago Mr. I '■' [ Doc. No. 74. J IT Allen came to his office, with some other gentlemen, and proposed to wit- ness to sell him two tracts of land in Texas. That he, witness, and five or six other persons, bought the said tracts of land from Mr. Allen, in the sum of ten thousand dollars, for which sum they furnished their notes ; that Mr. Allen put his price low for said land, because he wished, as he stated at the time, to purchase a vessel. He knows nothing about the schooner Brutus being armed, or having been purchased by Mr. Allen. WM. CHRISTY. Sworn to and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, January 4, 1836. John K.West, on his affirmation, declares and says that he knows nothing about the schooner, nor about Mr. Allen ; that he is president of the State Insurance Company ; that he was informed by Mr. Stockton, the inspector of said company, that said schooner was fitting out and arming on the other side of the river. He stated that the current rumor was, that she was arming for the purpose of cruising against Mexican vessels ; that he wrote, him- self, the letter or petition addressed to the district attorney of the Uni- ted States, to recommend him to take the necessary steps to stop the armament in question. Witness requested the inspector of the State Insurance Company to try to find out some persons who could make an affidavit on that subject, but he could not find any witness. Knew that the district attorney could not act without an affidavit, and told so to sev- eral merchants with whom he conversed on that subject. Mr. Pechier, the partner of John A. Merle and Co., stated to witness that he knew of some persons who could give information ; that Mr. Pechier told witness afterwards that he had asked the person in question to come out and make his affidavit, but that he declined doing it. JOHN K. WEST. Affirmed and subscribed before me, GALLIEN PREVAL, Judge. New Orleans, January 4, 1836. R. M. Carter, being duly sworn, deposes and says that he has no posi- tive information of the fitting out of the Brutus, except what is hereaf- ter stated. That, in common with others, he beMeved that expeditions have been fitting out at this port of a hostile character to Mexico ; that he believed, after reading the advertisement by certain merchants of New Orleans in regard to the object of the Brutus, that she was to be engaged in such an expedition ; more especially believing that the expe- dition of General Mehia was openly fitted out at the levoe ; that Mr. T. Toby informed deponent that vessels of war were fitting out at this port against Mexico ; that, after hearing of the Brutus, he considered that sb 36 [ Doc. No. 74. ] Governor Marcy to Mr. Benton, Albany, December 17, 1837. The enclosed was received this morning, postmarked at Dutlington. 1 have thought that the pioper disposition for me to make ot it, was to to send it to you. 1 have no knowledge of Mr. L., and have taken no pains to inquire of the gentleman to whom he has referred me. I have however written to him that 1 should send his communication to you. I have also written to Wm. F. Waile, at Plattsburg, the first judge of Clinton county, naming the persons at that place charged in the letter with oflences against the laws of the United States. Yours, &c. N. S. Benton, Esq., U. S. District Attorney. WM. L. MARCY. Mr. Lyman to Governor Marcy. Burlington, Vt., December 14, 1837. In adddressing youi excellency, the undersigned begs to state that he is a merchant, residing in Montreal. Hearing much said about warlike preparations on the frontier, within the United States, for the alleged pur- pose of assisting the insurgents of Louer Canada, and having some com- mercial transactions in this country, the writer was induced to leave Montreal on the 6th instant with a vi"w to satisfy himself regarding any infraction of the laws of neutrality. He was the more anxious on this subject, having' invariably given his opinion (as an American) that a strict neutrality would be practically ob- served. But, after a residence of two days at Plattsburg, the undersign- ed is forced to the conclusion that the laws of the United States, so con- sonant with sound policy, and so specifically inculcated by the first Presi- dent of these States, and so clearly recognised by the present distin- guished incumbent, have been, and are, openly violated. At Plattsburg a company has been formed, consisting of from 28 to 40 men ; arms are prepared, and private drilling is the business of each night; f he first day, the writer heard the subject spoken of publicly, openly, and without the least disguise. And he certainly was shocked to see the apathy exhibited by the more respectable class of the community. These persons say : " 'Tis nothing but a parcel of boys." " Persons of no re- spectabiUty." " They will never go to Canada." But your excellency will perceive that these boys, these irresponsible individuals, are the on- ly persons to be feared. A village barber is openly and constantly ( when unemployed at his trade) manufacturing balls; and, without the least re- serve, assured the undersigned that these bullets were to kill the tories of Canada ; and that one ball would do the business of a man worth £2,000 a year. Your excellency will please excuse this detail, as the ob- ject is to afford a clew to facts rather than to give legal testimony. A !!ln-. r, 1837. lUilington. it, was to taken no ». I have to you. I judge of the letter ARCY. 4, 1837. ate that he 3Ut warlike lleged pur- somc cotn- d to leave aiding any y given his ctically ob- undorsign- cs, so con- irst Piesi- lent distin- in 28 to 40 IBS of each y, openly, 1 to see the y. These s of no re- excellency are the on- ntly (when he least re- l the tories ■nan worth , as the ob- imony. A r Doc. No. 74. ] 37 Mr. Samborn, a student at law, is the captain of the company ; a Mr. Palmer figures as a subaltern ; the third officer is not recollected. In engaging in this enterprise, the volunteers were required to subscribe to a paper engaging to march to Canada whenever their services might be required ; and the affixing t'lP signature to this paper should have all the mental obligation of an oath : so said an informant who was present, and a man of good character. This appeal to your excellency is entirely prompted by the necessity of the case : the undersigned has no authority from the Government of Canada, nor is he an agent ; and he writes fearing your excellency may not be apprized of facts, and that incorrect informa- tion may reach 3 our excellency's ear. For instance. Col. McNeil was lately at St. John's, and was told there by the celebrated Capt. Marryatt, of the royal navy, that a company of 28 men had been formed at Platts- burg ; this the colonel stoutly denied, not having hoard of the fact. But to use the colonel's own words: "When I returned, 1 found it all true, and felt excessively mortified." It is now under discussion to form a camp at Chateaugay, near the lines, to imbody all refugees and volun- teers. But this will probably drop since the general adhesion of the Lower Canadians to the Government. One thing more should be men- tioned. Yesterday a letter was received at this post office, postmarked Oswego, 10th inst., purporting to be in accordance with a meeting held at that place to arrest the Lower Canada patriots ; and at which meeting 150 volunteers came forward, and were ready to march under Capt. John H. Smith. The letter is signed W. H. Eagle and J. B. Wells, commit- tee. This committee inquire if there is a rendezvous at Burlington and any recruiting officer, (as Uiey hnve been informed,) and if there is any money ? If required, Capt. Smith will march immediately. This letter has all the marks of authenticity, though the address is concealed, for ob- vious reasons. The same letter also mentions that many men are enlist- ing at Rochester ; " but these will probably march to Upper Canada." In conclusion, let me assure your excellency that I am somewhat apprehen- sive that it will require unusual energy to enforce the act of neutrality ; such is the sympathy for the poor deluded Canadians. If, however, the people of this country were fully informed as to the points at issue, their sympathies would be in favor of the entire mass of their countrymen re- siding in Lower Canada, including that populous district of country call- ed the Eastern Townships. From these hints your excellency may glean something that may serve the cause of justice and humanity. As to the standing and character of the undersigned, your excellency will please to inquire of Mr. Benedict, hardware merchant ; Messrs. Russell, dye and drug using an t they were state that I y citizens of violation of peace with )th instant a ne from the jpplied with rymen ; that ight engage- into Swan- ked, imme- me of them parts of this lus engaged in the Tiolation of the laws of our country, or where they are to be found. The intelligence from Canada received yesterday at the lines, in- duces the belief that the contest there is ct an end ; the Government troops having defeated and dispersed the patriots in every part of the Province. The excitement prevailing among our citizens is fast subsiding, and I have every reason to believe that perfect tranquillity will be immedi- ately restored to the inhabitants upon this frontier. Believing that my longer continuance in this vioinity is entirely un- necessary, I shall immediately- return to my residence at Rockingham, where I shall be happy to receive your further commands. I have the honor to be your obedient servant, DANIEL KELLOGG, Attorney U. S., Vermont District. Hon. J. Forsyth, Secretary of State, Washingcon. Mr. Forsyth to Mr. Kellogg. Department of State, Washington, December 20, i837. Sir : Information has been received, from a source which entitles it to attention, that, after the battle of St. Charles, which cook place some time since, many of the insurgents, who fled from that and other places in Canada, collected at Swanton and Highgate, in the State of Vermont, and that citizens of the United States furnished them with three pieces of cannon, some small arms, powder, lead, and other munitions of war ; and that, having been thus furnished, the insurgents, on the 6th of the present month, made a descent into Canada, where they were met by a party of loyalists, and routed, with the loss of two pieces of cannon, one of the party being killed and others wounded, and that the remainder returned to Swanton. The President directs that you institute an immediate in- quiry into the facts thus stated ; and, if they should be found to be correct, and susceptible of proof, that you commence legal proceedings against all such persons as appear to have been concerned in violating the law for the preservation of the neutral relations of th ^ United States. You are also directed to exercise constant vigilance during the pend- ing contest, and to take all proper steps to prevent the rec;jrrence of acts similar to those into which you are now called upon to examine. I am, sir, your obedient servant, JOHN FORSYTH. Damel Kellogg, Esq. Uniled Slates District Attorney, Rockingham, Vermont. P. S. A circular letter, of which a copy is enclosed, has been ad- dressed by the Secretary of the Treasury to each of the collectors of the customs of the United States bordering on the Canadian frontiers, requi- ring them and their officers to co-operate with the district attorneys and other United States officers in all legal modes for the preservation of the neutrality of the Government and people of this country during the dis- turbances in Canada. 40 I Doc. No. 74. ] Mr. Fillmore to Mr. Poinsett. House of Representatives, December 21^ 1837. Sir : I have the honor to enclose herewith a letter from Doctor Scott, one of our most respectable citizens, at Buffalo, showing, in addition to the mayor's letter, which I handed you yesterday, the state of feeling there. I have (he honor to be. Your most obedient servant, MILLARD FILLMORE lion. Joel R. Poinsett. P. S. I have erased certain names, as desired by Doctor Scott. Mr. Scott to Mr. Fillmore. Buffalo, December 13, 1837. Dear Sir : His honor the mayor informed me to-day that he yester- day wrote you on the subject of the excitement which at this time pre- vails in Buiifalo with relation to the Canada war. At his request I add a few lines. McKenzie and Dr. Rolfeare heie,and attended a large meeting of our citizens held last evening at l^e theatre. Many exciting and inflamma- tory speeches were made, until the rabble were rife for any thing. After the meeting they patrolled the streets nearly all night, accompanied with shouting, military music, &c. Men are openly and publicly solicited to take part with the liberals, and arms and ammunition publicly procured and deposited at the Eagle tavern. It is said that quite a number of our citizens have agreed to put themselves under McKenzie's command, and inarch for Canada to-night. The Eagle is now crowded to overflowing, and a multitude around it who cannot get in. You know that our popu- lation is composed of excitable materials ; and they are generally exci- ted — I mean the rabble. Fe.v of our respectable men have taken any ac- tive part. I must however except # # * *. They have addressed these meetings, and have done much towards producing the presc \\t t - citement. I have fears, and am not alone in that respect, that some act may be done to implicate the Government, and eventually lead to a war with England ; and am desiroua that some step should be taken to prevent the possibility of such an occurrence. I have, therefore, iust br.fV;' stated these facts; and if they should be thought of any importance y> ire at liberty to lay this communication before the President or Secretary of War, "xt your discretion. It might, in that case, be proper to erase the names of our neighbors which I have given ; as they, perhaps, would not be willing to have quite so much publicity given to their actL. I am, sir, very respectfully, yours, W. K. SCOTT. Hon. M. Fillmore. 'lis I 1, 1837. tctor Scott, addition to of feeling .MOPE Scott. 13,1837. t he yester- is time pre- jest I add a eting of our i inflarama- hing. After )anied with solicited to y procured 3er of our Timand,and verflowing, our popu- erally exci- ten any ac- addressed prescv't t '- ct may be war with prevent the ;!{'j stated y^ ure at euretary of erase the 1, would not SCOTT. [ Doc. No. 74. ] Mf. Forsyth to Mr. Benton. 41 Department of State, Washington, December 21, 1837. Sir : Information has been received, from a source entitling it to atten- tion, that McKenzie and Rolfe, leaders of the insurgents in Upper Can- ada, were in the city of Buffalo on the 12th of the present month, with the object, it was understood, of soliciting aid in the shape of men and munitions of war ; that they were that night to have a meeting in the theatre ; that three popular meetings, in favor of the insurgents, had already been held, which were numerously attended ; and that there was a strong feeling favorable to them in that place, which, it was appre- hended, would lead to the organization of a force, for the purpose of rendering them assistance. The President directs that you institute an immediate inquiry into the facts thus stated, and the subsequent move- ments connected therewith. Should these have been in violation of the law, and susceptible of proof, you will commence legal proceedings against all such persons as appear to have been concerned. You are also directed to exercise constant vigilance during thf pending contest, and to take all proper steps to prevent the recurrence of acts similar to those into which you are now called upon to examine. I am, sir, your obedient servant, JOHN FORSYTH. Nathaniel S. Benton, Esq., U. S. Attorney Jor the Northern Dis'.rict of New York. F S. Since the above was written, a letter has been received by the i •! -'dent from the mayor of Buffalo, containing information which calls J) :". mediate attention. You will, therefore, proceed, with the marshal oi b-? district, immediately, to Buffalo ; and institute legal proceedings againat oil such persons as shall appear to have violated the l?ws of the United States. Mr. Woodbury to Mr. Forsyth. Treasury Department, December 21, 1837. Sir : In compliance with directions given by the President in his ref- er'^nce to this Department of a letter addressed to you by N. S. Benton, '^:q , United States attorney for the northern district of New York, upon the subject of the affairs of Canada, circular instructions have been issued to the collectors of the customs in the districts bordering on the frontiers of the Canadas, copies of which I have the honor to transmit herewith, for your information. Mr. Benton's letter has been sent to the War Department, in accord- ance with the directions contained in the President's reference. I have the honor to be. Very respectfully, your obedient servant, LEVI WOODBURY, Secretary oj the TVeasury. Hon. John Forsyth, Secretary of StatCy Washington. 42 I Doc. No. 74. i Circular to Collectors of the Customs of the United States in the Dis- tricts bordering on the Canadian frontiers. Treasury Department, December 19, 1837. Sir : In consequence of the disturbed condition of affairs at present existing in the British Provinces of Upper and Lower Canada, and with the view of ensuring due compliance with the acts of Congress, and the treaty stipulations i ^"rc«5 between Great Britain and the United States, and thereby preset* strict neutrality on the part of the Government and the people of this i ntry, orders, by direction of the President, have already been given to the respective district attorneys, to h .ve all citi- zens or other inhabitants of the United States prosecuted, who may be concerned, in any manner, in violating those laws or treaties. By a similar direction, you and your officers are required to co-operate with the district attorneys, and other United States officers, in all legal modes, to assist them in the accomplishment of the objects before stated. I am, respectfully, Your obedient servant, To Secretary of the Treasury. Collector of ■ Governor Mason to Mr. Forsyth. Detroit, December 21, 1837. Sir : I have the honor to acknowledge the receipt of youL' lettei* of the 8th instant. I have no idea that any attempt will be made by the citizens of Michigan to interfere in the controversy now pending betw«en the Government of Great Britain and a portion of the people of the Canadas. Should, however, the contingency contemplated by the Pres- ident arise, he has my assurance that 1 will use every exertion to pre- vent any violation of the act of Congress for the preservation of the relations of amity with foreign Powers and tbe Government of the United States. I have the honor to be. Your obedient servant, STEPHENS T. MASON. Hon. John Forsyth. Mr. Barker to the President. Buffalo, December 23, 1837. Sir : I have to inform you that Mr. Garrow, the marshal for this dis- trict, is now in this city, in order to make arrests for all violations of the laws that have been passed to preserve tbe neutrality between this Gov- ernment and Great Britain. I have been called upon by many of the leading men in the Province to know what our Government intended to do. I have assured them that nothing would be wanting, on the part of t in the Dis- 19, 1837. rs at present ida, and with ress, and the nited States, Government esident, have h -ve all citi- who may be }S. to co-operate 3, in all legal aefore stated. Treasury. ir 21, 1837. youL' lette»- of made by the iding between people of the I by the Pres- irtion to pre- tvation of the , of the United MASON. zr 23, 1837. for this dis- olations of the veen this Gov- y many of the nt intended to on the part of [ Doc. No. 74. ] 43 the President, to enforce and prosecute all violations ; and I can assure you that the civil authorities here will do all they can to aid Mr. Gar- row in the execution of his duties. There has been great excitement here. I think, however, the crisis past. The patriots have left the neighborhood, and are strongly fortified on a British island in the Niag- ars river, to the amount of six or seven hundred men, with ten or twelve pieces of cannon, stolen from different parts of the country. Balls have been cast at a foundry in this city, which is now stopped. Men are flock- ing in from all quarters to join the patriots on the island, under General Van Rensselaer, viz : Buffalo, Batavio, Rochester, Lockport, &c. With great respect, I am your obedient servant, PIERRE A. BARKER. M. Van Buren, President of the United States. • Mr. Benton to Mr. Forsyth. U. S. District Attorney's Office, Little Falls, December 26, 1837. Sir : I have the honor to acknowledge the receipt of your letter of the 21st instant this day, enclosing a copy of the letter from the mayor of Buffalo to the President of the United States, and shall start for Buffalo to-morrow ; although you will perceive, from copies of the enclosed let- ters, I cannot hope or expect to accomplish any thing. I now have the honor to hand you, for the information of the President, copies of two letters from the marshal of the district, of two from the collector of Buffalo, of two from the collector at Rochester, and of one from the col- lector at Lewiston. Immediately after the receipt of your letter of the 7th instant, I wrote to the several United Stateo collectors in this district, stating to them the nature of my instructions, and requested them to aid me in enforcing the laws of the United States. On the 18th instant I wrote to the Depart- ment, enclosing sundry communications which had been received by me, which had not probably been received at the Department at the date of the above this day received by me. After the promulgation of Governor Marcy^s proclamation, calling on the State officers and magistrates of this State to aid the United States officers in preserving inviolate the laws of the United States, I wrote to the several States district attorneys and firstjudges of counties along the whole frontier, earnestly soliciting their co-operation in arresting all violators of the laws of the United States passed to preserve our neutral relations with other Powers ; and at the same time I sent to these officers, as well as to the postmasters and United States collectors, a printed paper, one of which i now have the honor to en- close. It is now, I believe, pretty well ascertained that six or seven hundred stand of arms, belonging to this State, have been taken, by force or other- wise, at Buffalo and Batavia ; and that all the artillery pieces and car- riages in the county of Niagara, also belonging to the State, have been taken, and, with the small-arms above mentioned, carried to Navy island, 44 [ Doc. Xo. 74. ] the headquarters of the forces collecting, and destined to act against the colonial authorities of Upper Canada. I have this day written to the President of the United States, suggesting to him the propriety of order- ing an armed force to Fort Niagara. The state of popular feeling along the whole frontier, and far into the interior, is such as to induce a strong helief that the forces collected at Navy island, or others, may seize the United States armament at Fort Niagara, should the same be sup- posed of any use in the contest with the royal forces in Canada. The immediate occupation of this fortress by a company or more of good troops, under the command of a prudent and cautious oiBcer, is suggested as a measure of precaution. I have, since the receipt of your letter of the 7th instant, taken every step within my power to arrest the violators of the laws, and to prevent their violation. On the 18th instant I wrote to the marshal, and requested him to repair immediately to Buffalo, and appoint two or more deputies at this place ; and desired the collector to put one of his trusty inspectors to the duty of collecting information which could enable me to procure process from the district judge to ar- rest the offenders, in case the State magistrates should refuse to isisue process, which I had reason to fear they would do. The state of things at Rochester, you will r ^rceive, is nearly or quite as bad as at Buffalo. The civil arm will no doubt be found too weak to contend with the pres- ent state of feeling. The press will denounce all arrests, and efforts be made to prevent the due administration of justice. If, on my way to Bochester, I should meet the marshal of the district, and, on consultation with him, we should be of opinion that my presence at Buffalo would produce excitement and disturbances, (as it - ems to be the opinion ex- pressed by Mr. Barker, in his letter of 23d instant,) I shall venture to exercise a discretion in this respect, and shall hope it will meet with the approbation of the President of the United States. The district attor- ney assures the President he has made every effort in his power to pre- vent the unfortunate and illegal occurrences which have taken place at Buffalo, and other places on the frontiers, and will not allow any oppor- tunity to pass of arresting and bringing to trial all offenders against the laws of the land. I am, with great respect. Your obedient servant, N. S. Hon. John Fobsyth, Secretary of State, Washinglon. BENTON, U. S. Attorney. Mr. Barker to Mr. Benton. Buffalo, December 23, 1837. Sir : I have to inform you that Mr. Garrow is nov^ in this city. The civil authorites here will do all they can to aid him, and to prevent any further violations of the law. The island in the possession of the patriots is a British island. It is strongly fortified. They now, I understand, number about 800 men ; against the ten to the y of order- ?ling along ce a strong may seize me be sup- lada. The •re of good 3 suggested ur letter of le violators ant I wrote SufTalo, and collector to information udge to ar- ise to is'jue te of things I at Buffalo, ih the pres- and efforts 1 ray way to consultation ffalo would opinion ex- venture to ^et with the strict attor- ►wer to pre- ken place at any oppor- I against the Attorney. 23, 1837. 3 city. The prevent any sland. It is t 800 men ; f [ Doc. No. 74. J 4& have stolen and got in their possession ten or twelve pieces of cannon ; are well supplied with provisions from this city and the adjoining places, viz : Lockport, Rochester, &c. All is quiet here at present. The Cana- dians are leavin" Canada in great numbers. Our mayor resigned his office last evening. Truly yours, PIERRE A. BARKER. N. S. Benton, Esq., U. S. Attorney. Mr. Barker to Mr. Benton. Collector's Office, Buffalo, December 23, 1837. Sir: I am in receipt of yours of the 20i'u instant, in relation to the casting of cannon-balls. In this, I have to say that I understand they have been cast at the furnace of John Wilkinson & Co., at the furnace of Isaac W. Skinner, and at the furnace of General Peter B. Porter, at Black Rock. I have employed a trusty deputy to collect the information you de- sire, viz : names, &c. ; and will communicate the information when ob- tained. Rensselaer Van Rensselaer is the name of the general on Navy island. The name of the colonel, who has figured the most in this business, is Thomas J. Southerland. On consulting with the marshal and district at- torney, we have come to the conclusion to advise you to delay making a journey here at this time ; thinking, perhaps, that it would only tend to increase the present excitement. We are of opinion the appearance of the marshal on this frontier will have the effect to put down any further violations of the law. Wilkinson was called upon this morning by us, in company with Mr. G. He acknowleged that he had cast balls at his furnace ; and that he did not know that he was violating any statute, and pledged himself that he would desist. Volunteers are constantly pouring in from the country to Navy island. Truly yours, PIERRE A. BARKER, Collector. N. S. Bentox, U. S. Attorney. Mr. Gould to Mr. Benton. Rochester, December 22, 1837. Sir : The marshal left here this morning for Buffalo. He wishes me to say he will expect to see you here or there in a short time. Things about as yesterday. I saw Mr. Eaton, of Lockport, to-day. He says the State pieces of artillery in Niagara county are taken to Navy island, I r 46 [ Doc. No. 74. ] as is supposed, without let or hindrance. Rather a bad state of things ; however, people will soon come to their senses, I hope. I will be glad to see you here. In haste, yours, J. GOULD, Collector. Hon. N. S. Benton. Mr. Garrow to Mr. Benton. Auburn, December 21, 1837. Dear Sir : Both of your communications of yesterday have been duly received. I start to-morrow morning for Buffalo. There have been letters received in this place to-day from Buffalo, of the 18th, saying there were soldiers enlisted daily in the streets of that place. I suppose I can do nothing with those who have or may commit offences out of my presence, unless I have processes against them. I have written to Cady, and also to Fairbanks, directing them to put the law you referred to in force, and to keep you apprized of all relating to the matter of conse- quence, as well as myself. 1 am your obedient servant, N. GARROW. N. S. Benton, Esq. Mr. Scoville to Mr. Benton. Collector's Office, District of Niagara, Lewiston^ December 21, 1837. Siiw ' I have received your letter of the 12th instant, on the subject of the existing contest in Upper Canada. No specific act worthy of notice has come to my personal knowledge ; yet I think proper to apprize you of what is going on in this and the adjacent district. You are already aware, from the public press, that McKenzie is con- centrating men and munitions of war on Navy island. He obtains them from Canada, Buffalo, Lockport, and the immediate vicinity. Their number is said to be five or six hundred, with nine pieces of artillery, which have been obtained in this part of the State — in what manner I am unable to say. Munitions of war, provisions, &c. are daily going on to the island from Buffalo. The ferry to the island is in the Buffalo dis- trict. There is a general feeling here in favor of the radical cause, and it may become difficult to prevent violations of the laws of neutrality. I shall most cheerfully, however, render all the aid in my power, as I feel it to be a matter of the highest importance. I yester-Vy took a few pieces of smuggled cloth from a patriot, who said it was iraonded for the soldiers on the island. The news from the western dis(:rict renders it very certain that Dr. Dunscombe and his forces have dispersed. Persons wishing to come out of Canada have to obtain a pas.s. They are determined not to let Dr. Dunscombe, or any more of those for whom a reward has been offered, escape. ■TUT' 11 [ Doc. No. 74. ] 47 of things ; ill be glad ollector. II, 1837. I been duly have been 8th, saying I suppose 3 out of my jn to Cady, ferred to in 2r of conse- lRROW. Niagara, 1837. e subject of hy of notice apprize you (izie is con- btains them lity. Their of artillery, aanner I am going on to Buffalo dis- il cause, and f neutrality. power, as I y took a few iided for the ain that Dr. ; to come out ot to let Dr. )een offered, Would it not be well for you to ask the Secretary of War to send a company of United States troops to occupy Fort Niagara ? It Avould put a stop most effectually to what is going on, and protect the public prop- erty at the fort. 1 am, sir, with great respect, Your obedient servant, SEYMOUR SCOVILLE, Collector. N. S. Benton, Esq., U. 8. District Attorney. Mr. Garrow to Mr. Benton. Rochester, December 21, 1837. Dear Sir : I arrived here this evening at nine o'clock ; sent for Gen. Gould and some others of this place. There is much excitement here ; forty soldiers marching the streets of Rochester to-day under drum and fife ; two pieces of cannon went off this morning ; and three-fourths of the people here, I learn, are encouraging and promoting the thing ; and seven-eighths of the people at Buffalo and all along the lin«^s are taking strong interest in the cause of the patriots ; many furnishing arms, ana large quantities of provisions contributed and forwarded to them, and volunteers continually going on. 1 do believe that it is indispensable that you come on immediately to Buffalo. Very little can be done with processes. I am yours, N. GARROW. N. S. Benton, Esq. P. S. I shall appoint a deputy here in the morning, and go on to Buf- falo to-morrow. Mr. Gould to Mr. Benton. Collector's Office, Rochester, December 21, 1837. Sir : I enclose you a hand-bill, such as are being posted up in our city to-day. I am not yet able to give you names to issue writs for. I am told many persons have already gone to Navy island to join the pa- triots there, to-day, before eight, and that more are expected to go, and that a great effort is to be made here. I would re^rommend that you come here with the marshal ; there will be plenty of business in this sec- tion and west. As the patriots of Canada back out, our citizens seem to come forward ; so that the first battle will be, so far as I can judge, be- tween citizens of bur own State and those of Upper Canada. This ought not so to be : the results of such a state of things may be disas- trous, indeed, to our interests as a nation, and to our honor. In haste, yours truly. N. S. Benton, U. 8. Attorney. 3. GOULD, Collector. P. S. Please write as to the course I ought to pursue. I will preserve names and facts as far as I can. fT- 'r^ ...:: „ 1^ 48 [ l>«c. No. 74. ] Mohawk Covrier — (Extra.) Little Falls, New York, ' December 16, 1837. In consequence of difficulties which have hitherto existed in the ar- lest of offenders against the laws of the United States, and the increased expenses consequent thereon, it is deemed proper to nuke public such information in respect to this subject as may be useful, and will aid in promoting the arrest and conviction of offenders. An extract from the judiciary act of the United States is given ; and it will be seen that au- thority to arrest, commit, or recognise offenders, is conferred upon the magistrates and officers of the different States. Forms of process and recognizances have been drawn up, which, it is supposed, will be found convenient and useful as a matter of reference. All charges, it will be seen, are to be paid to the officers by the United States. These bills should be made out and presented or sent to the marshal of the district, who will pay the same. The circuit court of this district, which has cog- nizance of violations of most of the criminal laws, sits at Albany on the second Tuesday of June and the third Tuesday of October in each year. Anson Little, Esq., the clerk of the court, keeps his office in the city of Utica ; Nathaniel Garrow, Esq., the marshal of the district, re- sides at Auburn. Gentlemen to whom more than one of these sheets may be sent are respectfully requested to hand the same to the officers and magistrates in their vicinity who have authority to act in criminal cases under the laws of the United States. And it is also desired that all arrests a.id complaints be immediately notified to the district attorney. N. S. BENTON, United States Attorney. Extract from the Judiciary act passed September 24, 173o. Sec. 33. That for any crime or offence against the United States, the offender may, by any justice or judge of the United States, or by any justice of the peace or other magistrate of any of the United States, where he may be found, agreeably to the usual mode of process against offenders in each State, and at the expense of the United States, be ar- rested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by this act has cognizance of the offence. And copies of the process shall be returned as speedily as may be into the clerk's office of such court, together with the cognizances of the witnesses for their appearance to testify in the case ; which recognizan- ces the magistrate before whom the examination shall be may require, on pain of imprisonment. * * # # » And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death ; in which case, it shall not be admitted but by the supreme or circuit court, or by a justice of the su- preme court, or a judge of the district court, who shall exercise their discretion therein, regarding the nature and circumstance of the offence) and of the evidence, and the usage of the case. RK, , 1837. in the ar- increased iblic such vill aid in from the n that au- upon the ocess and 1 be found it will be 'hese bills le district, h has cog- my on the sr in each fice in the listrict, re- lese sheets ihe officers in criminal lesired that t attorney. Homey. f3G. States, the or by any ted States, ess against ates, be ar- )efore such he offence. »ay be into ices of the ecognizan- ay require, ted, except hall not be of the su- ercise their he often ce, f Doc. No. 74. J Form of wa rant to arrest. 49 ss. United States of America, ) Northern District of New York^ and county of .\ To the marshal of the northern district of New York, and the sheriff or any constable of the said county of . Whereas A B, of , in the said county and district, hath this day made complaint upon oath before me, E M, one of the justices of the peace in and for the said county of that C D, &c. ( Here set out the nature of the offence, stating, as nearly as may be, the time and place of committing the offence, and the name of the of* fender. ) In pursuance oi and by authority of the statutes of the United States of America in such case made and provided, you are hereby command- ed and required forthwith to apprehend ^imj tne said C D, and to bring him before me, to answer unto the matters contained in the said com- plaint and information, and to be further dealt with according to law. Herein fail not. Given under my hand and seal the day of , in the year of bur Lord one thousand eight hundred and . Form of a recognizance. ss. United States of America, ) Northern District of Netu York. \ Be it remembered, that on the day of Lord one thousand eight hundred and district, laborer, C D, of , in the year of our A B, of in said carpenter, and E F, of sad- district, personally came and appeared bei.uv me. and dler, both in said I F, esquire, one of the justices assigned to keep the peace in and for the county of , in said northern district of New York, and sev- erally acknowledged themselves to owe to the United States of Ameri- ca, to wit : the said A B, the sum of dollars, and the said C O and E F, each the sum of said United States of America, to be respectively made and dollars, separately, of current money of the levied of their several goods and chattels, lands and tenements, to the use of the said United States of America, if the said A B shall fail in performing the condition underwritten. The condition of the recognizance is such, that if the abovebounden A B shall personally appear at the next circuit court of the United States of America, to be holden at the eity of Albany, in and for the northern district of New York, in the second circuit, then and there to answer to an indictment to be preferred against him on behalf of the said United States of America, for (here state the nature of the charge and com- plaint,) and to do and receive what shall, by the said court, be then and there enjoined on him, and shall not depart the said court without leave, then the above recognizance to be void ; otherwise to remain in full force. i , y'^' - Taken and acknowledged before me, ^— w<^ ^^ 4 50 [ Doc. No. 74. ] Condition of a recognizance to give evidence. (The form of the recognizance itself may be as above, varying it so as to leave out the sureties, except when the officer may deem it proper to require sureties.) The condition of the above recognizance is such, that if the above bounden P R shall personally appear at the next circuit court of the United States of America, to be holden at the city of Albany, in and for the northern district of New York, in the second circuit, and then and there give such evidence as he knowcth, upon a bill of indictment to be exhibited on behalf of the United States of America, to the grand jury of the said district, against C D, late of in said district, laborer, for , (Here state the nature of the complaint.) and in case said bill be found a true bill, then if the said P R shall then and there give evidence to the ju.ors that shall pass on the trial of the said indictment, and not depart thence without leave of the court, then this recognizance to be void ; otherwise to remain in full force and effect. Taken and acknowledged before me, . ss. Form of a mittimus. United States of America, Northern District of New York, and county of To the marshal of the said district, and to the sheriff and any constable of the said county, and to the keeper of the common jail in said couaty : Under and pursuant to the statutes of the United States of America in such case made and provided, you are hereby charged and command* ed that you forthwith carry and deliver C D, this day brought before me, A D, esquire, one of the justices of the peace in and for the said county, by , and charged upon the oath of S T, with (here state the offence : ) and you, the said keeper, are hereby required to receive the said C D into your custody in the said jail, and him there safely keep until he be thence delivered by due course of law. Given under my hand, &c. . Mr. Forsyth to Governor Jenison. Department of State, Washington^ December 211 j 1837. Sir : I have the honor to acknowledge the receipt of your letter of the 16th instant, and to communicate to you, by direction of the Presi- dent, his satisfaction at the promptness with which you came forward, in your official character, to prevent a violation within the limits of the State of Vermont, of the laws of the United States for preserving our neutral relations, which, it was feared, might be infringed from want of a proper consideration of the consequences, during the excitement pro- duced on the frontier by the disturbances in Canada. It is hoped that you will transmit to the Department whatever important information 'IW [ Doc. No. 74. ] 51 ing it so as It proper to the above ourt of the ', in and for id then and tment to be grand jury ict, laborer, ^ shall then trial of the court, then e and eflfect. constable of said county : I of America id command* 3Ught before for the said 1 (here state 3d to receive e safely keep • 27, 1837. your letter of of the Presi- e forward, in limits of the reserving our from want of citement pro- is hoped that \i information upon the subject you may at any time receive, accompanied by such observations as may suggest themselves to your own mind, and as you may deem likely to be useful to the General Government. In the exist- ing state of things, it is not thought that the presence of troops of the United States can be necessary for the protection of our citizens along the line, or for quieting any reasonable apprehension ; but, if the course of events should be such as to render it expedient, a sufficient detach- ment will be furnished for the purpose. I have the honor to be, &c. JOHN FORSYTH. To hiti Excellency S. H. Jenison, Governor of Vermont. Mr. Forsyth to Mr. Kellogg. Department of State, Washington^ December 29, 1837. Sir : I have to acknowledge the receipt of your letter of the 20th instant, in relation to the excitement in the district bordering on the Ca- nadian frontier. It has been laid before the President, and an extract from it was published in the Globe of last evening. I am, sir, your obedient servant, JOHN FORSYTH. Damel Kmllogo, Esq., United States Attorney^ Rockingham^ Vermont, Mr. Woodbury to Mr. Forsyth. • Treasury Department, January 5, 1838. Sir : I have the honor to transmit to you copies of letters addressed yesterday to the collectors of the customs at Erie and Buffalo, and to the commander of the revenue cutter Erie. I am, very respectfully, Your obedient servant, LEVI WOODBURY, Secretary of the Treasury. Hon. John Forsyth, Secretary oj State. Mr. Barker to Mr. Woodbury. — (Extract.) Coli.ector's Office, Buffalo, December 30, 1837. At this time there is no communication between us and Canada; no boats are running on the Niagara. I have this day sent the President an ex^ra from the Buffalo Journal, in relation to the affair of the steamboat Caroline. It occurred in the Niagara district. Mr. Scoville will, no doubt, 62 [ Doc. No. 74. J give you particulars. Our city isin great alarm. The whole frontier is in motion, and God k.iows where it will rnd. An express has been sent to Governor Marcy to cell out the militia. The district attorney and marshal are now in Rochester, endeavor- ing to discharge their duty. Such is the exasperated state of feeling, that / very rtmch fear the laws cannot be enforced without great loss of life. All shall be done on my part, as an officer of the Government, and as acting mayor of this city, to preserve and sustain the laws. Respectfully, your obedient servant, PIERRE A. BARKER, Collector. Hon. Levi Woodbury, Secretary of the Treasury. Mr. Woodbury to Captain Dobbin. , Treasury DKrA^mK^i', January 4, 1838. Sir : In consequence of the existing state of affairs in the Canadas, it is deemed proper that the utmost vigilance shou'.d be observed in the due ex "ution of the laws, and the most effectual measures token to suppress any illegal or improper interference on the part of our citizens in the affairs of the neighboring people. Accordingly, the President has directed that the revenue cutter under your coramard be placed under the control of the collector at Buffalo, anti that she be employed in aiding the author- ities of the Government in maintaining the laws, and enforcing the obli- gations thereby imposed on citizens cf the United States. You are, therefore, directed to proceed, if the state of the water will permit, with all practicable despatch, with the vessel, to that port, and .eport your arrival to the r.olloclor of the customs, who will instruct you in the measures nocessary to he taken to suppress all and every attempt to violate the laws, and whose orders in this lespectyou will obey. 1 am, very rcsj)ectiullv, your obedient servant, LEVI WOODBUflY, Secretary oj the Tr'>u8ury. Daniel. DonBir', Esq. Ccmmanding U. S. Revenue Cutter Erie. Mr. Woodbury to the Collector of Customs, Eric. Treasury Department, January 4, 1838. Sir : Enclosed you will find an order addressed to the officer in com- mand of the revenue cutter Erie, directing him to proceed with thj»t vessel to Buffalo, for the purpose of aiding the authorities of tha Government in maintaining and enforcing a due observance of the laws, and the obli- gations thereby imposed on citizens r.f the United Slates. I have to request that you will deliver the same to Captain Dobbin. I am; respectfully, sir, your obedient servant, LEVI WOODBURV, iSvcretary of the Treacury. To the ColU':tor i]t the Customs., Erie, Pa. [ Doc. No. 74. ] £r3 ontierisin jen sent to endeavoV- of feeling, 'eat loss of iment, and ■olkctor. 4, 1838. Canadas, it I in the due to suppress n tlie aifairs las directed the control the aulhor- ng the obli- Yoii are, lermit, with .eport your you in the attempt to JURY, Pi'fusury- 4, 1838. cer ill cotn- 1 thut vessel overnnient d the obli- I have to Mr. Woodbury to Mr. Barker. Treasury Department, Janwart/ 4, 1838. Sir : I deem it proper again to call your especial attention to the sub* ject referred to in niy circular of the 19th ultimo, and to urge upon you the necessity of exercising due vigilance and exertion to aid the other officers of the United States in detecting and prosecuting violators of the laws, in the particulars therein referred to. It is represented t'.at vessels and boats are engaged within the limits of your district, in carrying arms, ammunition, and military supplies to the Canadian side of the lines, for the use of the forces arrayed against the British Government. You will take measures to sci2e any vessel or carriage of any kind which may be engaged in such transactions; and also have the proper proceedings instituted against all individuals having charge or connexion therewith. In any case of difficulty, you may con- sult with tliQ United States district attorney, and be governed by his advice. The commander of the cutter Eric has been ordered to proceed with said vessel to Buffalo, (if the ice will not prevent it,) to aid you in enfor- cing the laws. You will therefore be pleased to employ this vessel and crew, as emergencies may suggest ; giving such instructions to the com- mander, from time to time, as you may deem necessary to accomplish the objects before stated. I am, very respectfully. Your obedient servant, LEVI WOODBURY, Secretary of the Treasury. Pierre A. Barker, ^sq. Collector of the Customs^ Buffalo, N. Y. ^ Mr. Forsyth to Mr. Benton. Department of State, Washington, January 5, 1838. Sir : Your letter of the 26th ultimo, with the enclosures, has been re- ceived. If you shall not have gone to Buffalo when this communication reaches you, the President directs that you repair to that place forthwith, and that you remain there, using your utmost exertions to bring to pun- ishment all violators of the laws for preserving the neutrality of the United States, until the occasion for your presence shall cease. By re- ferring to the collectcf, you will find he has received additional instruc- tions to aiford }'ou ir.jportant aid in the executionof your duties and those of the ..narsiia!. I am, sir, your obedient servant, JOHN FORSYTH. To Nathaniki. S. Benton, Esq. District Aitorney U. S. Norlhcrn District of Neiv York. RY, Vreacury. ^sssm '-.■tWr^-T^CPP^^:' 54 [ Doc. No. 74. J Mr. Woodbury to Mr. Forsyth. Treasury Department, January 6, 1838. Sir : I have the honor to transmit to you a copy of the instructions for- warded yesterday to S. Scoville, Esq., collector of the customs for the dis- trict of Niagara. I am, very respectfully, Yoiir obedient servant, LEVI WOODBURY, Secretary of the Treasury. Hon. John Forsyth, Secretary of State. Treasury Department, ^anuar^/ 5, 1838. Sir : I deem it proper again to call your especial attention to the sub- ject refered to in my circular of the 1 9th ultimo, (a copy 4>f which was sent you,) and to urge upon you the necessity of exercising due vigilance, and exertion, in connexion with other United States officers, in sup* pressing any attempted violations of the laws in the particulars alluded to in said circular. It is represented that boats and vessels are engaged within the limits of your district in carrying arms, ammunition, and military supplies to the Canadian side of the lines, for the use of the forces arrayed against the British Government in Canada. You will take prompt measures for the seizure of boats, vessels, or carriages of any kind which may be engaged in such transactions : and also have the proper proceedings instituted against all individuals having charge or connexion therewith. Should you have any difficulty how to act in any case, you may consult with the United States district attor- ney, and be governed by his advice. The cutter Erie has been ordered ;0 Buffalo, to aid, under the direc- tion of the collector of that district, in enforcing the law, and suppressing any hostile aggressions towards the authorities of Canada, which may be attempted on the part of citizens or inhabitants of the United States. Should you require the services of the cutter, her boats, or crew, you will be pleased to advise and consult with Mr. Barker, the collector, and use them in such a manner as you may mutually deem expedient and proper, provided the ice will permit. ' I am, very respectfully. Your obedient servant, LEVI WOODBURY, Sec/etary of the Treasury. Seymour Scoville, Esq. Collector of the CuatomSy District of Niagara^ Lewiston, N. V. ;:) . , ,1, ary 6, 1838. instructions /or- omsforthedis- BURY, \e Treasury. ary 5, 1838. ion to the sub< ^ •of which was due vigilance, ficers, in sup- lars alluded to thin the limits supplies to the ed against the its, vessels, or isactions: and viduals having fliculty how to district attor- ier the direc- id suppressing which may be ed States, or crew, you collector, and xpedient and ODBURY, Treasury.