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Tous les autres exemplaires originaux sont filmte en commenpant par la premiere page qui comporte une emprelnte d'impression ou d'illustration et en terminant par la derniire paga qui comporte une telle emprelnte. Un des symboles suivants apparaftra sur la dernidre image de cheque microfiche, seion le cas: le symbols — »► signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre fllmis d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est filmd d partir de I'anglg sup^rieur gauche, de gauche d droite, et de haut en bus, en prenant le nombre d'images nAcessaire. Les diagrammes suivants iiiustreni la mAthode. 1 2 3 1 2 3 4 5 6 B t- 27th CONQHESS, 3d Session. [SENATE.] [99] #^^ ^' MBSSAOS r>ox THE PRESIDENT OF THE UNITED STATES, Communicating, in compliance with a resolution of the ^nate, comes of c7!^plndenfe in relation to the destruction of the steamboat Caroltne. January 23, 1843. Referred to the Committee on F oreign Re lations, and ordered to be printed. To the Senate of the United States: , .- „f .u„ r.u I transmit to the Senate, herewith, in answer to their resolution of the 5 h instaST-port from the Secretary o'f State, with accompan^ymg^documents. Washington, January 23, 1843. Department of State, Washington, January 7, 1843. The Secretary of State, c horn has been referred the resolution of the SeLle of the sfhinstant, requesting the President to commumcate to that boSv "if not in hropinion inconsistent with the public interests popieo of ^Sv corresponde^nce between the Government of Great Bntam and the min- S of the United States at London, on the subject of .he destruction of the lamboat . Caroline,' which may not have been heretofore P,f '^jy^^^'^S; nicaTed to either House of Congress," has the honor respectfully to submit to the President copies of the papers referred to. ^^^^^^ WEBSTER. To the President of the United States. lAst of papers sent. Lord Palmerston to Mr. Stevenson, dated - Mr. Stevenson to Lord Palmerston, dated • Lord Palmerston to Mr. Stevenson, dated - Mr. Stevenson to Lord Palmerston, dated - Thomas Allen, print. August 27, 1841. August 31, 1841. Sept'r 2, 1841. Sept'r 2, 1841. \ 1 Lr <-'! l?0 $ So 3 -vA. \ [99] 2 THE CASE OF THE CAROLIME. Lord Palmerston to Mr. Stevenson. Foreign Office, August 27, 1841. The undersigned, her majesty's principal secretary of state for forei The intentions of these men werin..hiT """'^ '° ''" «:«'"'ni»ed. of New York took no effecS ZZ f" '''^ '!".?'"' ^Z" "^« government ■ intentions into effect. % i n^c^on ,fe nai nf 7/'°'" '^^''"•ying those seems to admit of but one explanat o^ thl ^^ f ''"' government, which arn,s and ammunition of the te w ;« :fr«^^^^^ '^- qiienily broken open bv this onn^ Jhl . • ""|"°'"ed, and were conse- island, and part of the Bri.k , 2^ citizen, to mvade and occupy Navy Caroline, wEich for heir snec Jitrv? ^^ ' ""^ ^""""^ ^"^^^^^ '^e s.eamboat had been enclosed n the mriof B Sn'Th '"' °"i f '^' '"' '" ^^'"■^'' «he bringing over to N^vy Xd from the untJl"s,l ^''', ''' '^'' ^'"P''' ^^ ammunition, stores, and provisionT ®'"''' '''"'"''y' •"<^"' «'•'"«> mJ^^gJI^St^SS S;.i''eT:st ^i; ^''^^ r^'^'y 'y « ^-^ °f partly of British subject and ST. nf a ^ ^"''^^ Slates, and consisting britifh authorities tita. on a mHi.l^forrn'; p/""'' ^"'^ '"''"^«'' ^^1 threatened invasion, and to Jef^nTi^rLfe^^erSor ^° "'^' '" meTns\r.^;;f:r i^^^ ^^e Ca^-,i„e was used as a Navy islandffuied thSfhe cTn^^^^^^^^^^ fl "''«^^"' ^^^ ^ad occupied prevL supp/ies°and rlteSrnS pt;[nT om t'\rT' 7'"'3 would, moreover, deprive the force in hJltF^ /u ^ '° '^^ '^'""*'> O"'* to the British territoHn he mai^ lanS hlv .h 'K" ""T' "^ P"^^'"^ over to capture the Caroline both frth J r^~ ^> l''"^?''^' determined at once of the invaders and to hasten theh- reE f "T'^'"^. '^" ^""''«'' P'-°g'««8 commanders, havinVrnKn tSis ZrrS InTr nn"T ^^'V'^'"'}^- The British execution, because ^^ very hour's dlv^^^^^^^^^ no t.me.n carrying it into But, in order to avoid as much as tS loW r/^'^^^^^ P"^P°««' on either side in accompliE. theirob S Zf I T^ '^"^''°" "^ ^'^^^ by a surprise in the night SnThTm.S l'^^ to capture the vessel in the dark, by persons actrn/n inn '"'''^"^^':^' be«ng assailed unawares and resist, and woL' b;rore 2ilyrercore"[ ^^fS '",'7 f '« '« necessarily warned for defence bvsopTni .11 i ''^'"'^^d by daylight and boa.. A^c»,.„,„, severBV;rE;^^ui't°iKZi' '^^Sl^ e < t :«-_^_,;: v^ -■ 5 [99] «ach all of them volunteers from the British force stationed at Chippewa, Xle-d on he nShl of the 29ih of December, 1837, from Chippewa to cut ou he " C«rol!f;e,'' which they expected to find at ^-ys a„J, bu^ wh^h thev discovered lower down the river, moored at the wharf at tort Hth osser. Afllr beirchal lenged by the watch o.. deck, they boarded the vessel, and aft« a .on but smart resistance, during which some of ^heboa^mg party were severely wounded, they carried the vessel, drove on shore the crew ana the ot er7-ons who were o'n board, cast her off from her "-r-g a^d pro- ceeded to low her away, intending to carry her over to the British shore , bui Sey fiundTer too\ei;;y to be towed up Y\" ft'orLrd\het' et'^t oA after carefully seeing that there was nobody left on board, they set her t:; rir ysTo'r^'rrofchrr.Zf i.^.^, wuhou. .,„„.„« enclosure, to .l.i» note, and .he undersigned '«■)"•«'»' S' f, °S ° X ;ti'c"e" S",::^le''?,;° U'ay rL.s. or ...c on >He-. >,..«» Buffalo and Schlosser, which, m the ^^plh of a _Wortnjjmer , way communication. . . , , • „Uf,iit to ffive L. Slevenson commence, l.i, ..arrati.e l-y !« ^8 *»' ^^ « "^ '° f ^» -fjiu'mturr;ti„sf p=rar:no:[ ;Xo= ->^o< - r *'v J. . j-wanffi :sfjf'V' whole (ransnction; of ihat fact which indeed is the very founda(ion of .h,. whole proceeding and in which lic« ,he essence of theSleTnUe na°Llv the hen recent invasion of the British rerri.ory at Navy isL by Vbnnd of Briliah refugees and of American citizens, comrriandedbv a c^Lnof,,/ Z2Jj '"V") ""'" '"» connivance of (lie mil horiliei of New Yo k nn.l Ln, frE'.,:ieiiJ' oKl,„"r '"""" """"^ °"" """■"" ""^* .heUe^s;el:i,,!;iS^.:^:i^,::-\,^ffj;^,"^^^ N»vl ,f„ ' riclZlT'"!, 'T, ^'='''°'"" "■ N"vy island nSCckf,™ own « alemem lln Te re^^ '"" 'J "''IT';"' "^ ''""" "'■ Slevenson's was noi lor in w^l. 1 '""^"i '"'■ Y'"='' ">« Caroline wa, employeil from Schlosse ^K ir.fl„ Tf " "'"' '"«'" ''"'"' ""f"'" "> S«l'l»«", "■"« an," fion. So Vmo N^v^ i I ';;i°''"7 ^'"^"'^'", "'"1 '"^^if'" f'»"' B""-"!" the'^iaste^u'h .^?.'/r "^ ""''''°"'' ""'' '^«^ l'^^" '-^^"^"'ed by Mr. Appleby BriS territory • hnt sKe IfTh '''''"^' "'"• "^° '^'''"'' ^^'^'^ ^ad invaded the British terriorfofhl'lei^^^ 1;!;^'; T ^'"^y' '"-'« '-^ings ou thatofihphnnri «„ ^Miiepm poses, that her character was ident tied with ..St fied in ?.^"?in "h! 7 'f "^^' ' ^'\'^ '^'' I^^ »""^h authorities were fully her aL sucl ° " '"'"'^ ' ^''^^^'' ""'' '« ^^P^"''"g ^^ destroying ni h( ot Pi til di t\ V c d 8 I S — * ' •*-*»! . . *''i«iHiiiB*lr:r"'' ^ " sir- Mr. Stevenson .hen goes on to -y; that the Cnr^^^^^^^ Z't!:'^ night, to the wharf at Port S^''»«^f, '/'^^;,7irnircr, and twenty three her own officers ""i "^f.^*' ^'"7^1^^^^!^' J^"^^^^ were unable to other inciividuals, a "'«'«' f^/^^^^'^^^aTs well k.^ proc.ire lodgings nt the mu. I ''^^ "», '"J^ • . j g ,,,,o ,,nj „o lirely fdled that night with other cm^er^^B of the U U cd « -^^^^^^^ .^,^^j doubt, repaired thither for U.e same W^^J^;;* '^,.ut all the ihirtythree twenty-three had come. And Mr. »\^;'*-"7" / ,,,p .^iahi-watch. persci^s on board the Caroline retired '« « ' J^^' P' '^^'2, in passing, that, ' Now, upon this, the ""J «"'g"«'' ^'^il sfeame^^^^^^^^^ l^« considering that the Carohne ^J"^. «^, ^J^, ^J;' ""'f^^^^ destined merely as a parage v-^^^^ «o large a very danger which actually came ^'P^ ,"li,i,, ,he Carohne was boarded k. Stevenson then states tha, "'"^'^^^^td^wth pistols, swords, and cut- by people from four or five ''0'^'«';^ '°' """*^^ nm rued crew and infnales laVes, began an indiscrimmate a tack upo^> ^ar e " '' T^a tl'e ^tea.ner wa. of tl.; vessel, under the cry f " « r^^;;:,,^;'„"Xe ^nd sent down the falls, yielded without resistance, and was tlienet on ne ,.„^,^,, u.at it is ^ Now., upon this, the ""^^^-^^'f^ ^ . ^^'.^e fn he boat took no firearm, stated by the British witnesses that the P^^^'^^ " 7„„ ^^ ,^,^,. Uen^m, hi with them; and there was evide ly, a good ^^e without danger the darkness of the night, hey could "ol i a^ e usea ^. ^ f,.„^ ,o each other ; for, "l^'^/'g'; j/j.-'f .^"^eol^ ot pol"i^ly tell who might foe, as far as his sword could f«^^^'''"^. ,",'.. ,„,4et bullet ; and, as the find himself in the way of the mnge of ^ P'^^'^'^J'.^^J'^.'^g.^iine'' at diflerent parlies from the dilTerent boats were to boar.Hhet. ^^ ^^ ^^^^^ ^^^^ ?arts, and in opposite ^'^^'^/Z^"^' ^''^^i ^^ '„,V of iKnemy's party. The \,s likely to shoot one «"«^»!^\"; .% J°o iS[ g^Lement upon this head ia strong probability, there ore is ,0 at - Bm^^^^^Jj^^^ \ ,,„d firearms, it the true one; and, as it is P'^^^*^ •'•"'; V" , confusion of their surprise, n,ay not "-f '-''y -. ^"PiP;r1h r^ay » 'v^ T^^^^^ the report of the ^^r:rSway,itmaybepo.ib.e..coun^ untrue, that the boarding party 7;'';?^" ^I^^.Xr'o put onshore, unharmed, for it appears that one o the Pj^^, 'p' ^fi^'^'^C^^^^^^^ that they wanted the note, that a parly of "^^^^^V J'" .^^erand X are said to have beea s.. *\. L99] 8 w public «crvicc%n which aiytrr'^Ky^'^ '" '"^'"'"'"^ "'« Bide; «nd (hat no shot ffOMi cnnLror fmm^^r "" "'" A">«rican cimrged from the American 8ho,cr ^"' !'^^' bostihties' had bosMlities cor.sisted in an imSn of I?rl I '.' ''"'°""'' ^"''^' «"'^ those f.om the State of New Yo.l T fa^f , "'f 'f"V^^' ''>■ on am.ed force '0 make war against her ,n L,v's C^,Ly ^""P'" ""^ ^''' Y«f'< bad begun "PP«rentiy. with the oonra ,ce of^he i" ^v""7'-. '^^ey had done so, •lie New York territory at S ossc, ad n^'i '' "'^ "' .^'""'- ^'«' °n'y become ene,ny'sla.,d, but her port onso' ?"■'"' '^''"™<='er, n"d had nssumed the same condition. On'l or other ofM'^r^ "'^ ^''"' ®'"'« '^"^ I'e government of New York k low nX if ?" '"""' '""'' be-either band of invaders to organize and en S^ . '"""'".""""y' J'^nnitted the nrn, themselves for S^aAh st^B it -'rr*'?^ "•'^*''" "'« State, and to stores of the State, or else the Snt ^ """"P''^' °"^ o^ 'he mililarv the border district ;\.,d hoe dfs-il^?v?;"'r ''"'' '"^' ''^ "nthority oJe" of the power of the Statep^^'^n^.T' *!;/'- "---''. '', open detiance Criiish pravince. ° ernment, as well as at war with the opposite neu.rni that portion of a terrS' Sh 7 T °"«'"' '"'""' "> «P«t as eniitlod to tho privilege of rani.n,i,^„ '?'"''=''"''' wtaiiily not be ™bm? war „,^„ h °?°4S* t«?^,oT"' ° "" ""'""'^ ' W"" ^" with her a. an enemV^^f they had fon,°dh? '" ,?""='?'' "">'« ^ave dea ^ad ,,0 right to pn,L anj'cS;!,ire tr-«r;"tV^'L'![*?.'rfeiS -- that neutra, and peac^-i'l^S ^iL^ItT^ "^^it; KS '\m 9 [99] •he Caroline If? the number rroui his own vindjcote the arforming the nation of any l»e American iul been dis- >t' December, nltenlion of ling it by the ly'a Govern- in at Schlos- fh the place »nt no forti- nl no hostili- )re88i.)n, Mr. ostiliiies had ; and those armed force : liad begun linddoneso, Not only er, and had t State had be — either iinitted the ate, and (o e militory hority over 3n dedance e opposite to retaliate respect as lience to a ily not be ngaged in r the Uni- s employ- lined wi'lj ave dealt imits, but le United iiestiona- le to pre- e United States was bound to maintain, even if civil war had been raffmg in Canii- dft- but V.' u-(i was, if possible, still more incumbent upon every portion o the Union .v. a time when peace prevailed, not only between iho llpited Slates and (ircnt Urilain, but within the (.'anadinn provinces themselves. These, then, are the grounds upon which her majesty's (.ovcrnnieiit con- ceive that the Government of the United States has no just nsjht to demand reparation for the capture and destruction of iho (Jarohnc ; and these ore the grounds upon which it is impossible for ht-r rnajosly's Government to consent ihut nny such reparation shall be ntade. The undersigned rwiuests Mr. Stevenson to accept the assurances ot lus high consideration. PALMERSTON. Mr. SteL'e7ison to Lord Palmerston. 32 Upper GaosvENOR Street, August 31, IB'll. Mv T-onD : I had the honor to receive vcstcrday the ollicial communi- cation which your lordship did me .he honor to address to «»e;^"f «;/^|;^^ of the ii7th instant, in reply to my note of the 2-2d of May,1.83S, relative to the capture and destruction of the steamboat "Caroline," m the month of December, 1837, by a party of her majesty's Canadian sul-ects, with- in the limits and territorial jurisdiction of the United Slates. As the r-presentationscontainedinyour lordship's note, toiiching this pro- ceedincr, diller so essentially in point of fact from those which were made to the Government of the United States, and which 1 had the honor of commu- nicating to her majesty's Government in my first note, and may consequent y lead to a more thorough investigation of the whole affair, in order that c material facts of the case may be more fully ascertained, and as I arnon ne eve of returning lo the United Slates, and there is reason to believe that my successor may soon be expected in England, with instructions from his Gov- ernment on the subject, T do not feel it necessary or proper to embark in the creneral discussion of the important questions embraced by your 'ortlslups note. I shall, therefore, hasten to transmit a copy eft" your loidship s com- munication for the information of my Government, and respect till y ask that the statements and proofs to which it refers may be furnished to me at the earliest convenient day, for the purpose of b^ing forwarded with your lordship's note. , , i j i • i „«„ci/ior In the meantime, I deem it proper to submit to your lordships cons de- ntion, some observations which have been rendered necessary by certain parts of your lordship's communication, and which demand my immediate "In accounting for the delay which has taken Pl^=« I'^.^'^'^.r"'^;';;''!? ^ answer of her majesty's Government in the case of the Ca.olme, and "heTncidents arising out of the border difficulties, on the American and Canadian frontiers, your lordship holds the following language : '< The Government of the United States was perfectly aware, even be- fore Mr. Stevenson's note of May, 1838, was written that her m'lJesty s Government considered the destruction of the 'Caro me' as ^ Justifiable Sof self-defence, properly done by the British colonia -^hof -; ^ ^^^^^ protection of British subjects, and their property, and for the security oi / )' 'e f9»] 10 SL '"on's not^^ ''"" '° '"'"P'y ^^'"' '•'« ^^'"""d contained in Mr. Nmi if , i! f I "i' ^™'l' ^«^'".?any step in the matter." be infmed that Kl'" 'hose parts of your lordship's note to leave it to ce inrerrecJ tiiat the capture and destrucdon of the " Caroline" steimPr wn^ iTmade kr^own hi Mr P ' V^f!'r<' "P'"'"" ''*"'' '-^^^^^^l ^^d been official- jy maue known by Mr. tox to the Government of the United Staler in hiq correspondence with the Secretary of S.ate, prior to the a rest of M^Leod such'iS^t IsTvh" iT' •'"" ' '^'" 'r' •' ^'^>^' --' diSnctly.Sany ^n?.L • ^^^°"y ""warranted, inasmuch as no such avowal or opm.on was either commimicated by Mr. Fox to fny Government or 1?^ your lordship to me That it was not made by M^ Fox a STaoiu.hf t.on of the facts will show. In his fi,-st note to Mr Folth Vr^S m media ely after the occurrence took place, and to which irisnr'esur^edvZ lordsh.p refers, M,. Fox confines himself to the exp ession 0^^^! oTn oS ion as to the nature of the transaction, and not that of his Gov^niZZ Indeed, as late as the 23d of December 1840, in an officinl note tr. fS Amencan Government, he expressly declared 'thaf he td no aUhohy St,XmTtn;s';risr^^^ .hi^^Sn'^rSvSJmS'i^^^^^^ was .hen unknown to her .najesty's Government, and toThfch nei hir in pl.cat.on for redress or complaint had bee,, made If Mr. P'ox's co, Vmunf cauon to Mr. Fo.;syth couM have been regarded by the Amerira . Govemi ment a« cotpmumcatmg the avowal or opinion of her n.aiestv's Govemme^f diLrxs:."' m T ^' '''•'' 'h' "« ''''' hTv7bee.7o7Tve ;' u.nerent characlei. Whatever opm.ons, therefore, might have been enior Ca"dia:;''n.?.P'T'^ by Mr. Fox, from the circumstfnces deta led by he Canad an authorities, ,t is qu.te certain, .hat as late as Decembe,-, 1840 he mav be T,ir V'" '7^ «=«">'n"nica.ion to my Government, as that which may be .nferred fiom those parts of your lo.d8hip'8 note. «hinV."'' '^"^ T'''^' "^""^ ^^^' S'^''"' "'■ communication made by your lord- S PJJ.'"^' ^"b^^q^^^nt to my note of 1838, which presented the^case L one for redress, w.ll not, .t ,s presumed, be pretended. On the contrarv so un asked was the delay on the part of your lordship to answer my no e, aid % 11 [991 :nown to the Uni- Mr. Forsyth, and Mr. Stevenson." is stated : " That Stevenson's note, ind by the under- r disavow or dis- d, therefore, both which her mnjvernment, or by brief recapitula- yth, written im- i presumed your of his own opiw lis Government. cial note to the ad no authority nent on the case, posed to express 3fence of which hich neiiher ap- ''ox's communi- nerican Govem- fs Government, '■ been of a very ave been enter- detailed by the !mber, 1840, he t, as ihat which e by your lord- the case as one contrary, so un- r my note, and Lke.i 10 be m«r>Kled whether I ««. 10 pre» lor an ».wwer, and, ,t 80, the degree or urgency Ihac I J joa.l,.pL^ „„ f„„her in- '^^ ifbpl- leave to refer your lordship to the ofiicid conespondence on ibis part of mmediately on the ai rival ot me nrsi imeiugi-nvc .„i,Y,;tip(l that i« opinion, that the case might turn out to have been one w h ch ^^ ^"f ^^J J nlp.ce, been received by her majesty's Government. ^ The substance of these conversations, it is proper also to say, v,ere com munilTated by me at the time to my Government, and were also made pub- ''^\^t^'r^oSr^t?;haracter, as e.ly as mr^ry. 18^ c^ mmmMmm communkation c«er look phce bclweenm m, .'^^^ »??f„f "™'^°" °VfN°" t^jnsx^^^'^'^ ;';u?h;i:«':ii:.";.?Sver„,„en. must rest where it properly belongs. of the earliest mon.ent of LnerS ' T . "^ Government, to avail myself of slatements cSnei in your Torl^wS'^''^ """^ ""^app'ehension wliich the cordingly seize arop;S y before^vo.^rTor.H^ ^' -'"^"f ^'''^ «^- ^ «- Office, to address to';^ E^communSin '''^ ' '''""= '™'" ''^^ ^'''''^'S" i^isuSsSrsLS^^^^^^^^^^ «'"--'^ I should lament that any <;apable of expianaUon ,nd thnf ,nn • '' '" "■"'"'"" '" ^ '"attar which is so in which we have IS to each 1 ''' '"'?'"«"'. ^^hen the public relations forever; and X have bepn «.? ,^'' T^ ""^T' "" "^^ P'obability, to cease -minentiy ,rJl^l^ ind'satSo?'"'' '' """ ''^ ^P^^^' ^'--^- - I beg your Lordship to accept assurances of my high consideration. A. STEVEiNSON. Lord Palmerston to Mr. Stevensoti. «J, dated the27tli ultimo uno tl'^ Inh^ f r" ''' "°'^ ^'''''' ''>« ""dersign- the steaniboat '< Caroli.Te "^ J'"' °^ ^''' '^"P^"''^ ^"^'l destruction of gard to the facts to wlS^L s "vpT^^ " ' ""^ '^"'"'" ""P'-^^'sions with re- ion, .he undersigned wo Id be^ e'l^I t TV'T 'r^^ f""" S'-^^te. precis- The " n-irni;..^" "'"" o^o' 'eave to recapitulate (hem. DecembeE;Ts3r "" "'^P'""' ""'^ ''^^^'^^^'^ -^ ''- night of the 29th of acc^mitiefbynrero^;S.^:^ a note to Mr. Fox, ican vLion ol a.e,:^;Z:Tih7 "^^^^^^^^^^ 'V^' '''« An.er.' would necessarily form .h^^DJea of n 1 '. r"''"''. *^''' ^^""^^''^ «'a'ed ty's Oovernnient: Mr. Fov m medH.l f ''/"J' '''^'''' "P'^" h^'" fn^Jes- «he Lieutenant Governor of urefKL^JT^'?''^ '"^'^^ °^ '''^^« P'W^ '« ixiajesly's Government ^^ Canada, and reported thereupon to her .yth,"i,f ^hleht'i'rt'nift;?^ '^'- ^^ "^''^--^ '-^ "«te to Mr. For- Sir Francis HeS S" ^ t;ms,";r;vV''r' '"^ '"'^? """ ^''^-'-d Ll the Canadian authorit,e i^ e S ^ J^^of Tu'p' 'I •'"^'j''^^ ^''^ ^^^^ «'" note Mr Fox wrote to Mr. Fo;:y;hrfo,ro;s ' ^'^ '^"'''"" ^ ^"^ '" '''- seult'::Xf ^ISSr^tlon mT'^l ' Pr ""^ ' "-' "^ — ^0' of in destroying that v LS, woul TeCJo I J^'" ffi ^'' r^'^'y^' ^"'^>^'« ^'^''^ " At the Time when he evpn. I 1 sufficiently established. States were not Tfo^ed withiL tiff r"''^;-''''."''^'""'"^ ^■'^' °f ^'»« United York. The authori^v of Z i '^'^""^'' *^''""^' "^ ^''^ State of New lence. HermajlX^slits i7ti:;ir '^^ piratical vb- they were threaLe'd with Lm flTrtteji^y" td oSttr'^ ''''''''' ' ^'^ 18 [99] 1 any further observa- int, to avail myself of )rehension which the susceptible of. I nc- ring from the Foreign uld lament that any ) a matter which is so 1 the public relations probability, to cease personal character so ousideration. . STEVEiNSON. '^picmber2, 1841. )f State for Foreign note of the 3 1st ul- ister plenipotentiary from the undersign- e and destruction of intial diflerence be- mpressions with re- d, for greater precis- n. ight of the 29th of ^ note to Mr. Fox, ng forth the Amer- Vir. Forsyth stated ss upon her majes- d of these papers to 1 thereupon to her a note to Mr. For- hen received from > justify tiie act of line;" and in this id the necessity of y's subjects acted iblisheii. iws of the United ihe State of New ' by piratical vio- idy suffered ; and ..This ex^rfinary ..ale or things »PP»- "trX'ng"^^"^ >,n«^ imnelled tiiem to consult their own security, by put^uing u"u J her majesty's Governr,|erjt ,^ ^,^, documents, transmitted with vol^r ^oSr a co^™^f the 0.^^^^^ ification of the aggression committed yP«" '^^ '""'TC;^ acted, and he concludes by '^^7? "'"^S^^i^^ec^^t^^n w^^^^^^^^^^^ madi in hi's ''t^,m. Foxreplied in a note ^-^ ^^^^^^X^^^:^ though he did not acquiesce m the view wlch th^^^^ ment are disposed to take of tlie facts '^"""^^^^ J^'"^^ ^je^jje the question pretent, into any fmiher coniroyersy on tVie subject February, ^ The'account of the transactiorj reached t;":^^"^ ^Z^';"^^ fj ^he under! iQ-^S Rpiween that ( me and the month ot Mayor inai jt^a , fgned h^aSTom': conversations with Mr. S.-e-ono„ the su^^^^^^ ^The undersigned kept no "^^'""'^"I'^.i^JXrwere T t't Mr. Steven- ^TtL undersigned isnotmistaker^nlusrecollec^cm^^^ conversations was at the Foreign Office and (he urn ersig^^^^^^^ pression that, on A.^V°r''""' *''t't rnvemmen had then received of the Ihe statements which her "^^Jf J. ^p^^^^T all ever^rMr. Stevenson's transaction from the ^overnmen of Oanad^^ At » ^ «^^" ^.^^^j ,^ j.^,. gte- umTu?;; h^v^'been I justifiable ---^^^f g^^^^^^^^^^ by instructions On the 22d of May of that year of 1838,Mr. bte^en^^^^^^ note,demand- from his Government,addressed to theimden^gne^^^^^^^^^ ^^^^ ^^^ ,ng reparation for the ^destruction of the ^^^^^^^^^ /^^ ^^ ^^, „po„ United Slates Government <=onff.'-ed •Jat transact on committed United States citizens, and a violation f,Umted States terry ^ by British troops from the province "[U^l.e 3 approbation of the liet Jas planned -^ --ute^^^^^^^^ by en- :^::;::^:=»s& „, this to the matter. I ^kjw^SP*-" f 99] R,,f I • . . . "--., ,,,c nvo uovern- was upo,"onf o^cl'sio^nrtire 'sllbS If'"*' ^'"'^''. '^^ ^««« «f "'e " Caroline " Mr. Stevenson, „oi having U.en rece Kp ^^'f"''"', "'"' '» September, 1839 what degree of ingenyrX.f'""''^ ^''''!'' an answer; a d ft S »eply, informed Jvfr. S^eve, r har f " V""l' '' "PP«'^'^ '''"l Mr/FLrmir in were required; as, in cons 1" '..^„V ^^Z"'''''^'- 'ns.rucions on iha T u " President-;;:; ^e;r;o"":::r"" °' ""''^ -"vel^;^ "l ".ril^'^jr ll"' ' Vollr;^hof '• ""'" " ''" '"'"''" Goven^menu^iil;! iinlil tiie arrest ITMrMrLpnf'r'i ^' ^""" "'«ies>>'s Government- and .., elusions : '"«> "" '""Jes.y's Oove,„,„e„, draw ,l,a &„„„,„, ,„„ if seems to her maip^tv'o r< Stevenson, note of tC'k^d'^fXrrsSrrr'"''^' "''''' ^^ ^^^^re Mr. and the Government of Wa.I.inS ' , Presented, Mr. Stevenson her majesty's Governn.ent tha Sfe X' ,"■' "'"''^ '^^^''^ «f "'e ophnW . I hose conversations were undn.)^> n '^ "'"dersigned. "" °^ ar.se in consequence o Sny co nm ^ ^^ '"■*"""'*'' '"^"""^h as they did nor ^truc.e,i by his'Govem,ien?to mS to Jh'"" Y'"^'' ^'^^^ ^'-enson w. ?„ versat.unsof that kind which f"eal?,l!? V^'^^/^'^ned ; and .hey were con- ut^derlakmg, upon matters wliich ir^ I Li ? . ' ^ "'' " ^'^w' '" a preiiniinarv .u 1..;; ""i^ ^^^P^'^"^- Go ^ mm ^„ f^Jj".^« ^^"l^jecs of formaf disZoJ sucl. future discussions. "'"eni*, and in order to prepare the way for adopts and becomes responsible for theiL ' R.^r^r*'"™-"'' ^^ '"^ «'''en<^e, mem. But the opiuwus expressed bj I i -1 15 [99] »hen the account of the ^ctly stated in Mr. Ste- le subject of the ' Caro- he undersigned," with aa incidentally alluded itevenson's note of the leen rhe two Govern- seof the "Caroline," between Mr. Sle'en- in Sepieniber, 1839, 111 her majesry's Gov- madein May, 183S iwer; nndif so, Willi i ihai Mr. Forsyth, in "oils on that niatt.T IS with Mr. Fox, the s Government wiih- ivernment ; and yet, 'k place on (he l:ii|i afTairoftlie " Caro- Government, in any^ t' the following con- lat even before Mr ted, Mr. Stevenson ^ of the opinion of -Caroline" had been (ed that ihe under- ivey (he opinion of the United States; his having deemed lance and result of ch as they did not Stevenson was in- nd (hey were con- en (he minister of w (0 a preliminary formal discussion 3pare the way for Irong opinion ex- time, have been najesty's Govern- ved any such in- uthority to speak »««/ acts are not nt, by i(a silence, )U8 expressed bj Mr Fox in Janunrv, 183S, upon the subject of the destruction of the " Caro- hn;" were noTdSvowed Ey her majes.y's Government, and have never '^irir^mdllgrdre'^^^^^^^^^^ cour. mean to say, that the opinion. «o exme^ed by Mr. Fox, and by himself, were final and conclusive decisions of iSrTjtty '8 Government in .he case, although .hat given m wiu.ng br Sr Fox v^as as strong and unequivocal as words could well convey ; ana t Tobvious that .hose opinions, having been expressed be ore the date o Mr Stevenson's note, of May, 1838, coi.ld not at any ra.e have been decision upon the demarld made'in .hat note And as .hose op-n'ons had ^^^^^^^^^ founded upon the information which her majesly's colonial authouties had he .nmsmiued to Mr. Fox, and to her majesty's Governmen, • vj«3 Po ^ IS that counter-statetnents, forwarded upon mforma.ion ^o'l^^ «J "^y *>« UnHed Slates Government, might satisfy her majesty's Govemmenl .hat ihei fi^ vtrof U.e case, and Iheir'first opinion regarding it, however strong ha onin on might Imve been, were ermneous. The undersigned therefore doe not me uTtS say, and never has contended, that either h.s conversations w.t M . S "nison, or Mr. Fox's note to Mr. Forsyth, ought to I'Jje precluded lie demand which was afterward made by Mr. Stevenson's note of 1838. But he undeisi-nicd contends that that demand was made with a previous know e 1 'e"on I e part of (he United S.a(es Government, of the views and ipi^'lonrof her majesty's Government, as to the transactions to which the ' ^'S'unSncd has further to remark, .hat the words f Mi Stevensoi^s note of May, 1838, distincUy prove that the Government of the United State. d?d.)ot entertain any doubt whatever whether the capture and destruction of Ue ' ' CaSe" hud been the unauthorized act of mdividuals, for which such individuals were .o be made responsible m .heir private capacny or whetbJr it had been a public act, done by persons m the service of the BtiirGovenment, and obeying superior authority and for which, conse- mently .he Bri.ish Govern to be responsible, because the spec fie JimXin of Mr. Stevenson was, .hat the act was committed " by a po tion orthe BriU h forces stationed at Chippewa ;" and that" it was planned and executed wlh .he knowledge and approbation of the heu.e.uuu governor of IJDne Canida,'' and that it was " .he invasion of .he territory and sove e.gn- w of -m "dependent nation, by the armed forces of a friendly power :" and L necirdTmand which Mr. Stevenson made was " that .he whole pro- ceedincriuld he disavowed and disapproved, and that such redress as he naU.re°of the case obviously required should be promptly made," by the ^ Tt'^uS^n^d therefore maintains, that the very contents of Mr Ste- vensori's ote on838 preclude the United States Government from altemp - rnfto nunke Mr MoLeod, or any other British subject, personally answerable fof anv sha^e t ey „,ay be supposed to have had in .he destruction of Uie '^r3i e '' and that Mr. Forsyth was mistaken in saying, as he did in hm no^e to Mr'Fox of .he 26th of December, 1840, that up to .hat t.me he United States Government hadhad no authentic announcement that the Suction of .he " Caroline" was a public act, of persons m her majesty s See obeying the order of superior authorities; for Mr. Forsyth wotild hav ?ound Ihaf authentic announcement in the note of h.s o^ P^^^'P^^^^ tiarv presented in pursuance of instructions from himself, so >ong ago as May' 1838 But while on the one haad ihe undersigned contends that the [99] 16 United Slates Government knpw ;,,.!, ty's Govern.„ent thought he dl'^'J^J^^ ^/f^^ Pf « ^^ 1838, that her majes- on .he o(her hand, the^nde^S S ^n iV P^l'""" " J"«''fi«We act; mem, by continuing to give nf replyTo th. ^ ^"'J"^' "'"J«^'>''« «overn. son's note of May, 1838 was in K • ^«'"«nd made in Mr. Steven- U.at demand; an5^he o^rie^i.imo .T/''""^ ^'l''"'"^ '° compi; ^h Government could draw frL fhj L f w?'^. ''^r^*^ "'« United States ment adhered to the opinion wh Xit had orS '"' ^''' '""J^^'^'^ CJ«vern. It appears, then, from Mr S p,L , ''"^'^a^'y expressed. years tie United Sates Government "' «'«'ement, that for nearly three ty's Government on .his sSbLct 7c • .htT"' S '\' ^''^"^ '' »'- 4e« stated as a reason for not DSn^r I L •^'' '? ^''°'^«'' '839, Mr. Foreyth e Bri,i.h answer wltlS anVLth'Sr^'r."' ^^- *'«^ '« "^P-^' ceased with the further lapse of imi 1. ^'.T' ^^""^ '^^'^" necessarily good, as long as till the beglm^ngorfs^O ""''' ""' '^^ ^'^ '° ^ave helj and the t.mc .vhen the arrest ; M McL od iT ""^ ')" ""''^ "^ ^I^^' 1«38 February, 841, no comnumica, «; ever toot d^^^^^ ^""''\'" ^"^'•''"^' '» undersigntd on the subject of .h^^CnmlM^'^ venson nor the late President Van Rm.L^' ^°'^' ^« "either Mr. Ste- cient in watchful and S^ tlmio^ traliT'^'-^'^T" "-"'selves defi- of I.e Umted States have be n o "cerne^ T " I" ^'"•^'^ '^' J"«» '''^^^ ' he has not much erred in supposin^as TnlJ . ""''^':«'g"ed conceives that nication, that this long and inleSn^I <^- ^r H™ '" ^'' ^o^m^'- commu- '"ent, and of i,s minifter at Tl is io.m IT^,-''^ "l" ^"^''^ States Govem- arose from the considerations owSlheTnre'r^^'r'/^ '''« "Caroline"" In hazarding that supposition k seem, .n,?^"/'' ""^^^'^^^ '" 'hat note, sumed nothing but what is ht Idy hoLrnhl' T^^^P.''^ ''^"^ ''« has as- Urn ed S,ates,anu that he has onKi.lined 1 'p ''' ^'''""^^^^ of the guided by the same feelings of cmliulT r u -^ Glovernment to have been « Mr S.evensoa has f v-:. a^T^ ;^^^^^^^^^^^ "- undesigned be^' t? in all Its dealings and intercourse S Mr sV ^^''■"'."""' ^^ ^er majesty PALMERSTON. -'►/r. »Sfee>c;wow ^o Lord PalmersU on. 32 Upper Grosvenor street. My Lord : I hasten to do mvsplf .h» u r . ^^P^""^^^^ 2, 1841. of your lordship's note of tins "ie i„l in ^J",' «f ^'^knowledging the receipt relative to the capture and de tructr; the ? ^r'° Tl "^ '^^ ^Ist ultimS, I shall take the earliest opnortun . v nf V ^'"'''''"^ ^^^^mex. ^^'"'"""ication to the UniffCe?but ri?"^^^ circumstances which it details i^be r '"rd d bV ',t' r" ^'^'^"""'^ '^"'^ J- "c regaraed by my Government it does f 1838, thnt her majes- ine"aju8lifiab)enct; ler majesty's Govern- made in Mr. Sceven- ling (o comply with :h the Uniied States ler majesty's Govern- sressed. hat for nearly three silence of her majes- r, 1839,r.Ir. Foreyth iinent for an answer, f Mr. Fox to expect t reason necessarily »e said to have held of the 31 St ultimo, note of May, 1838, nvn in England, in een himself and the IS neither Mr. Ste- vn themselves defi- liich the just rjghta ned conceives that liis former commu- ted States Govern- )f the " Caroline,'* 'erted in that note, ed ihat he has as- lovernment of the nent to have been idersigned begs tc ent of her majesty with (he Govern- jpresented at this on the assurance LMERSTON. 17 [99] not belone to me to decide, or even to conjecture Without desiring, il^re- '?ore ^protract a discussion, in the conduct of which neither your lordship 8 src'eritv nor my own will be doubted, it is yet proper that 1 should notice ll^e Tsappfe enskn which still seems to exist in relation to the causes w'uch "flSed my Government or myself in not pressmg upon your lordship and her maiestv's Government an earlier decision of this painful subject. a2 t e explicit answer given in the last note which 1 had he honor to address to your lordship on this part of the case, and in whu:h it was stated that neiOiir riy Government nJr myself were influenced by the considera. Ss supposed in your lordship's note of the 2rth ultimo, I had not ima- ^S iharsuch an influence would again have been repeated, and more es- Ely as I urn s"ill unable to perceiv^ in the statements contained in your Fordsmp's last note any just foundation for such an imputation. On the con- tmrv the motives whiclf influenced my course, connected either with myself, mv Government, or that of her majesty, were of an entirely different char- aifer fmm tS which have been imagined. I must, there ore take leave Sn to enter my friendly protest against the impression m which your lord- Et llmdulges, and lo^estate, in'language as precise and intelligible as I can^use that in refraining to press the case upon ihe consideration of her majes- . wrGomlent 1 was not influenced, nor have I any reason to believe that S 'L Government was, either wholly or partially, by the considerations which * yolr lordship has felt authorized' again to repeat, h--ver such a course miffbt have been regarded by your lordship as honorable to the Government S te Sed S ta ef 0? its minister. Should it, however, turn out to be the cLe that the acquiescence in the silence of her majesty's Government by ha the United States was, as your lordship B"PPo;e«| « ^"ifice made to ^ love of peace, of one thing I can assure your lordship, that my Govern- ment w II be prepared at the proper time, and whenever it may become neceUVv to do so, knkly to alow it. As there is no other part of your rordshTp's coinmun cation which requires any further notice from me, I avail mysel d- the opportunity, in closii' g finally the correspondence, to expr^s mv acknowledgments for the very gratifying terms in which your lordship Z beerpleased to speak in the manner in which I have represented my country atTermajestyLourt, and to tender to your lordship the renewed assurances of my distinguished consideration and respect.. g^^^gj^gQj^ fREET, mber2, 1841. Iging the receipt the 31st ultimo, amer. 'your lordship's s(atements and Jrnment it does (f