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CORRESPONDENCE BBTWIIN ■ -'y VISCOUNT PALMERSTON & Mr. STEVENSON, BELATIVE TO THE SEIZURE AND DESTRUCnON 1&U or THB STEAM BOAT "CAROLINE," .'k'-M m IN THE NIAGARA RIVER, ON THE NIGHT OP THE 29th OP DECEMBER, 1837, BY A DETACHMENT OF HER MAJESTY'S FORCES FROM UPPER CANADA. ■# TABLE OF CONTENTS. No. 1 J|r> Sterenion to VUcount Palmerston Portland Place, Indosure A 1 Mr. Rogers to the President of the United States . . Buffalo, 8ub>Inclosure« 1 Deposition of Gilman Appleby 2 Depositio* of Messrs. Hanling, King, Smith, &c. B 3 Mr. Fox to Mr. Forsyth Washington, 1 Sk Francis Head to Mr. Fric Toronto, 2 Sir Franoia Head to Goi^emor Maroy . . . . Toronto, 3 Mr. Rogers to Colonel Mc Nab . . . . BuAtlo, 4 Colonel Mc Nab to Mr. Rogers . . . . Chippewa, 5 Mr. l«ckwood to Colonel Me Nab . . Chippswa, 6 Lieutenant Elmsley to Colonel Mc Nab . . Chippewa, 7 ComBisswry-Geneial Arcularius to Colonel Mc Nab Niagara Falls, 8 Commissary Van Rensselaer to Commissary- General Arcularius Navy Island, 9 Colonel Mc Nab to Commissary-General Area- larins Chippewa, 10 Depoaition of Andrew Drew Chippewa, 11 Deposition of Luke Walker Chippewa, 12 Deposition of Sylvanus Feames Wrigley . . Chippewa, 13 Deposition of George Nolop . , Chippewa, 14 Deposition of James Hood Chippewa, C 3 Mr. Benton to Mr. Forsyth . . . . . . Butt'alo, 1 Deposition of Samuel Longley Buffalo, 2 Deposition of Henry Emmons . . , . . . Buffalo, 3 Deposition of Messrs. Holt, Keys, Liscom, Chappell, and Reynolds . . . . Buffalo, 4 Deposition of Philo Smith Buffalo, 4 Mr. G. Pratt to the President of tuj United States. . Rochester, 1 Deposition of Messrs. Sawyer, Leffingwell, Os- bom, and Blossom . . . . Rochester, 5 Mr. Rogers to Mr. Forsyth Buffalo, 1 Deposition of Memrs. Appleby, Seaman, Hag- gerty, Harding, Kennedy, and Wells . . Buffalo, 3 Deposition of Norman Barnum . . . . Buffalo, 3 Deposition of Luke Walker Buffalo, 4 Deposition of James H. King . . Buffalo, 6 Deposition of Alford Luce . . . . . . Buffalo, 6 Depoaition of Packhurst Whitney . . Buffalo, 7 Deposition of Samuel Chase, John Hibbard, and John Vail . . . . . . . . Buffido, 6 Mr. Benton to Mr. Forsyth Little Falls, Deposition of Messrs. Sawyer, Osbom and Leffing- well Rochester, 7 Mr. Benton to Mr. Forsyth Buffalo, 1 Deposition of Gilman Appleby Buffido, 2 Deposition of William Seaman, jun. and William Kennedy . . Buffalo, 3 Deposition of WUliam Wells Buffalo, 4 Deposition of Charles F. Harding . . Buffalo, 5 Deposition of James H. King . . , . . . Buffalo, 6 Deposition of John C. Haggerty . . Buffalo, 7 Deposition of John C. Haggerty . . Bufftlo, 8 Deposition of G. J. Storer Buffalo. 9 Deposition of William J. Bush Buffalo, 10 Deposition of Harrison Chase Buffiilo, 1 1 Statement of claims for loss sustained by destruc- tion of the <* Caroline." 13 Aflldavit of Cyrus K. Anderson . . Buffalo, 8 Captain Thtm to Colonel Mc Nab Chippewa, 9 Ldeutentf t Elmsley to Colonel Mo Nab . . Chippewa, 10 Depoaition of Aaron Pttrter and Aaahel Barber . . Chippewa, 11 Depodtion of Edward Norton Chippewa. 13 Depotitioa ttt Thomas R. Stocking Chippewa, 13 Depoaitkm of James Wilson Chippewa, 14 DepoiMon of William Hinton Chippewa, Page May, 22, 1838. 1 30, 1837. 7 December 30, 7 December 30, 8 February 6, 1838. 9 Januarr December 8, 9 13, 1837. 13 December 29, 14 December 29, 15 December 29, 15 December iS), 16 January 6, 1838. 16 January 4, 16 January 2, 17 Januar ' December 10, 17 30, 1837. 18 December 30, 18 December 30, 19 January 8, 1838. 20 January 8, 20 January 1, 20 January 1. 21 January December 1, 22 31, 1837. 22 January 10, 1838. 23 January 9, 23 January 16, 24 December 31, 1837. 24 December 31, 2.5 January 1, 1838 26 January 8, 27 January 12, 27 January 14, 28 January- 16, 28 February 16, 29 February 13, 29 February 6, 30 February 2, 33 February 2, 34 February 1, 35 February 1, 37 February 1, 38 February 2, 40 February 2, 41 February 2, 41 February 3, 42 February 6. 43 44 February ?, 44 DeK«mber 30, 1837. 45 December 29, 46 January 31, 1838. 46 Febniary 1, 47 February 1, 47 January 29, 48 January 29, 48 il TABLE OF CONTENTS. No. IndoMuret 15 Deposition of John Johnnon 16 Depoiition of Piem A. Barlcer 1 Enrollment of the "Caroline" 9 Lioence of the "Caroline" 17 Depoiition of William Taylor and EUiha Lee 18 Mr. Stevens to Mr. Forsyth Minutes of the Niagara Sessions relative to the murder on board thi "Caroline" 2 Viscount Palmerston to Mr. SteTenson Inelosure 1 Mr. Joseph to Mr. Beikie Sub-Inclosures I Deposition of John Harris 9 Deposition of Williaiin Gaffeny . . 3 Deposition of Christopher Beer 4 Deposition of William H. Merritt 5 Deposition of John Radenhurst 6 Deposition of Lieutenant John Elmaley 7 Deposition of Charles S. FinUyson 8 Deposition of S. Mc Conniek . . 9 Deposition of Pereg^rine Warren 10 Deposition of Commander A. Drew 9 Deposition of Samuel Wood 3 Mr. Stephen to Mr. Backhouse Collection of Despatches and General Orden show- ing the various acts by which the deetraction of the " Caroline" was authorised by the Au- thorities of Upper Canada. 3 Mr. Stevenson to Viscount Pklmerston 4 Viscount Palmerston to Mr. Stevenson r, Mr. Stevenson to Viscount Palmerston Chippewa, Jannary fi9, 1838. b Chippewa, BuiUo. Februaiy December 1, 1. 1837. SO SO BuSdo. Deeember 1, 81 February 3,1838. 81 Lockport, January 93, sa Loekport, January 96, 59 Foreign Offlce, Auguat 97, 1841. 56 April 9, 183& 68 April Mhy 19. 63 «. 64 Mir 8, 65 April 19, 65 NOTcnbcf 94, 66 Novwib«r 97, Mtvmbv 97, Deeambar 11, Daecmbar 13, Deotsnbar 15, April Mu«h 13, UOWBinff SflWMt 99, 1841. 83 August 31, 89 Foreign Oflee, Up.6rosvenor4t StptraiMr 9, 99 • otpltrobcf 9, 96 i..ih:l'-,. t CORRESPONDENCE BBTWEBN VISCOUNT PALMERSTON & Mb. STEVENSON, RBLATIVB TO THB SEIZURE AND DESTRUCTION OF THE STEAM BOAT "CAROLINE." No. 1. ■% C. «*•■ -" •• Mr. Stevenson to Viscount Palmeraton. Case of the "Caroline." THE Undersigned, Envoy Extraordinary and Minister Plenipoten> tiar) from the United States, has the honour to acquaint Lord Viscount Palmerston, Her Majesty's Principal Secretary of State for Foreign Affairs, that, in obedience to instructions from his Government, it has been made his duty to bring to the view of Her Majesty's Govern- ment, the accompanying documents, detailing the particulars and proofs of a signal and extraordinary outrage committed by the British troops from the province of Upper Canada, upon the persons and property of citizens of the United States, within its limits and jurisdiction, and which, in the view of the President of the United States, form the sub- ject of a demand for redress upon Her Majesty's Government. In communicating this evidence to his Ln '^ship, the Undersigned deems it proper to accompany it with an explu :.»'n.of the nigbd wateh. .- -.. • i ;:: That about midnight an alarm was given in consequence of the Siproach from the fiver of foilr or five boats^ and :a few moments afte^ e " Caroline'f* was boarded by anumber .of arined men from uid boats^ who immediately commencea an indiscriminate .attaokvwith> .pistols. swords, and cutlasses, apon the unarmed crew and inmates of said vessel, under the cry of, " Give no quarter," several of whom were slaughtered. That the stei i-boat was yielded without resistance, and \ ab imtae- diatdy afterwards set on Are in several places, cut loose from the dock, •(attached to the main land) towed into the current of the river, aban- doned, and ultimately went over the Niagara Falls. , i'. That :One man, Amos Ourfie (a citizen of Buffalo) was killed, and left 4Wt on the dook at Schlosser, and others, who escaped with life, most severely wounded and disabled, amongst whom was the c^iptain. That several individuals who were on board the boat are still missing, $fiid there is strong reason for Wlieving that they were cither murdered, or fotfQd a watery grave in the cataract of the river. That imitteaiately after the boat was fired and cast adrift in the •tream, beacon Ughts were discovered upon the Canada shore, pear Chippewa, and when sufficient time had elapsed to enable the am^ troops to reach the shore, loud and vociferous cheering was heard at that point, inducing a belief, since confirmed and acknowledged, that the Q^traf^ was planned and consumipated by a portion of the British force stationed at that place. , It as in i>roof that there was no fortification of any kind at Schlosser : that hostilities were not CQi^menced on the American side, and that no shot from cannon, or fire-arms, was discharged from the American shore on l^he morning, of the 89th of December, as pretended by one of the British oiHcfirs. it further appears that two persons (probably Luke Walker and Sylvanus Fearnes Wrigley) were taken prisoners and carried to Queen's Town, and there coerced, by violence apd threats, to give evidence and enfold the plans of the forces on Nayy Island. , i , That tne value of the steam-boat and property destroyed, amounts to about 5,000 dollars, .T^ese are the important facts disclosed by the documents, and upon which the application for reparation rests. They cannot be jperused without ejfcitiog the deepest surprise and regret. l> or their proof we are not forced to look to doubtful evidence, or to witnesses of doubtful predit. The whole character of the evidence now submitted to Her Majesty s Government is too clear and strikine^ to. leave ai^y doubt as to its. truth, plthqugh directly at variance, as Lord Palmerston will perceive, with the statements eommiinicated by Mr. 'Fox on the pai^t of .Her Majesty's Pro- vincial Oncers, copif^ of frhiph^ will be found with fihe papers transmitted, 'Parked B«. , .... ^ ...... ..■ ^'. : ' Indeed, SO far. from Jthe British statements representing correctly the circvimstsoces ijind^r- which the outrage was committed, it, will be seen :that they are in every essential particular discreditP'l, and disproved by the most unimpeachable evidence. t.v The concurrent testiiiiony of so m^ny witnesses of respectabtility and .(Handing, strip the p'ropeeding of every pretext alleged in its iustifieatioo, 4md mark it as pi7e of the most offensive and unwarrantable cnaracter. Iti shows moreover that, so far from, the outrage having been com- mitUA under extenuating eirpumstances of sudden conflict, or m the hurry and excitement of impending war, it was perpetrated after .concert and preparation^ Imt aok armed and superior force, upon unarmed and (defenceless meni underfsoyer of njght ana ^circumstances of signal atrocity. }t was a pro<:eeding, tOo,, the more unexpeqted and reprehensible, inas- much as it: was plattn^d and .executed, at a moment when the. earnest efforts of th^ Government of the United ^tes were direpted to the pre- servation of its obligations of neuta-alitv, and whilst both the Gener«d and State Governments Were ui^ing every e^brt in their power, ^ores^ain indi- viduals on their northerq frontier irom unlawfully interfering in the ew- lest between GftAt Britain and her colonies. , ; n Indeed, at the very moment when the Lieutenant-Governor of tipper Cahada was declaring; to the Provincial. Parliament his confidence linyth^ disposition of the American Government to prevent, its citizens frgcp^ .Wgdging inthe.oont^t that was then ragingi and wt^ii waiting for replies from the Onvcrnor of New York and Her Majcgty'g Minister at Washinj^' ton, with whom he had communicated, this outrage was, with his know* ledge and approbation, planned and executed. Under such circumstances, it was not to have been expected that the whole proceeding could be regarded by the Government of the United States in any otncr light than as a manifect act of hostile and darinc aggression upon the rights and sovereignty, utterly inconsistent with aU the principles of national law, and wholly irreconcileable with the friendly and peaceful relntions of the two countries. ouch is the view which the Undersigned has been directed to present to Her Majesty's Government, and here he would rest the appeal with which he has been charged, but for the grounds which have been relied on by the provincial authorities in justification of the proceeding, and which were communicated by Mr. Fox to Mr. Forsyth in his note of the 6th of February last. To these grounds it may not be unimportant that he should now briefly advert. It is alleged that the character of this vessel was pira« tical ; that she was the property of robbers and pirates, and employed in their service in carrying men, arms, and munitions of war, from the United States into Canada, and consequently that she was liable to seizure and destruction, not only without, but within, the limits and jurisdiction of the United States. In the first place, it is denied that this vessel, under any principle of the law or practice of nations, could be regarded as piratical, or those on board of her treated as pirates or robbers. And here it becomes necessary to ascertain the character and nature of the contest between Great Britain and her Canadian colonies. The following principles areasHumed as incontrovertible: — That civil wars are not distinguishable from other wars as to belligerent and neutral rights ; that they stand upon the same ground, and are governed by the same principles : that whenever a portion of a State seek by force of arms to overthrow the Government, and maintain independence, the contest becomes one, de facto, of war ! That in such contests the principles of public law in relation to belligerents must govern, and all the rights which a state of war gives to public enemies are to be allowed to the respective parties engaged in them. Applying these principles to the contest between Great Britain and her colonies, it must be regarded, as far as other nations are concerned, as a civil war and treated accordingly. Now it may be admitted, that foreigners uniting themselves with a belligerent, become the enemy of the ' party to whom that belligerent is opposed ; but in doing so, they only 'subject themselves to what the belligerent may lawfully be subject, and are entitled to all the rights to which the belligerent would be entitled. If then citizens of the United States, by associating themselves with the Canadian insurgents, became identified with them as enemies of Great Britain, they could only be regarded as such whilst in arms, and were to be treated in like manner. By interfering, they made themselves parties in the civil war, and Great Britain could only subject them to the same penalties which she could rightfully enforce against her revolting subjects with whom quo ad hoc, they had become Allies. Voluntary aid and succour, therefore, from foreigners to persons conspiring to subvert or change their Government, can neitner be regarded as piracy, or punished as criminal, unless the offending party be taken in arms against the Government, and within its jurisdiction. This doctrine, it is needless to remind Lord Palmerston, stands upon the clearest principles of natural justice and national law, and the usage of all civilized nations. Great Britain has herself always maintained it, and her annals are full of instruction on the subject. It is wholly immaterial, then, what the contraband character and employment of this vessel was. She was not piratical, nor could those on board of her be punished as pirates or outlaws. Piracy by the public law can only consist in acts which are offences against all nations. But if it were not so, and she was admitted to be piratical, and not the property of citizens of the United States, but of the British insurgents, ■till there is nothing; gained in defence of this proceeding unless it can also be shown, that the British Authorities had the ri^fnt to ucck and destroy her by an armed force within the limits and jurisdiction of a Sovereign ana Independent State. Of all the principles of public law there are none more sacred than those which secure the immunity of neutral territory from the exercise of acts of hostility or war by a foreign Power. The law of nations, therefore, forbids all use of neutral territory for hostile purposes, and emphatically dcclan < i;hat the rights of war shall only be exercised within the territory of ihe belligerent, on the high seas, or without the jurisdiction of any other nation : hence, it is forbidden as well by universal as international law, to commence or continue any act of violence against enemies' ships within the limits and jurisdiction of a neutral nation. Every entrance, therefore, into neutral territory with hostile intention is denounced as unlawful. This is the general and acknowledged doctrine of public law, and is of essential importance to the tranquillity and security of nations. If, then, the individuals on board the " Caroline " were violators of the neutrality of the United States and the rights of war, by giving aid and succour to insurgents, and had forfeited all claim to the protection of their country, they were yet not Eunishable within the territorial limits of the United States by Great iritain or her ofiicerj, but were alone amenable to the laws of the United States. But it will be said there are exceptions to this rule, and cases arising out of necessity and self-preservation, which suspend in favour of a belligerent tub-modo the rights of a neutral nation, and justify the inva- sion of its territory. These cases are admitted, but they are few and defined. All writers on the law of nations concur in opinion \ hat there can be no entry into the territory of an independent State, but where con* sent is given; or where the entry is innocent, and unjustly refused, or in cases ofextreme state necessity. These are tho only exceptions to the general rule. If the right be claimed (as it is admitted to be in this case) on the ground of necessity, we must look to the law of nations for the character and degree of the necessity, and the conditions annexed to its exercise. Now aU publicists agree, that the necessity which justifies invasion of neutral territory must be imminent and extreme, and involving impending destruction. It is never permitted for purposes of convenience, or ordinary defence, or as a measure of retaliation, however atrocious the injury may have been which it is intended to punish. Wherever, then, there has been a clear invasion of neutral territory, the proof lies upon the party to bring himself within the exception, and snow the character of the necessity under which the violation took place. Was the present such a cose ? Was the necessity even remote, much less extreme and imminent ? What advantage was gained by the destruction of this vessel, but to revive and swell the excitement which then existed on the American fron- tier, and which the Government of the United States were using its best efforts to assuage ? None, certainly ! On the contrary, to suppose for a moment that a measure was dictated by the extreme necessity of self- preservation, which was, in fact, not even useful, or in any manner con- ducive to such an end, would be preposterous. It can hardly, then, be presumed, that Her Majesty's Government will maintain that this was a case embraced within the exceptions, and justified by the principles of public law or the usage of civilized nations. There is not a feature in the whole proceeding to warrant such an opinion. On the contrary, the case, as proved, is one of an open and acknowledged invasion of the territory and sovereignty of an independent nation, by the armed forces of a friendly Power, and the destruction of the lives and property of its citizens, under circumstances of peculiar aggravation, not less injurious to the character and interests of Her Alajesty's Government than those of the United States. That such will be the view which Her Majesty's Government will take of this proceeding the Undersigned cannot aoubt. 6 To the alleged breach of neutrality by the American Govemmefi^it it is not necessary, nor would it be proper, that the Undersigned should at this time do more than briefly advert. Although attempts have been made by the perpetrators of this outrage, and others of Her Majesty'g Provincial Government, to involve the United States and its officers in tJie odium of countenancing, if not participating in the breaeh of neutrality, the Undersigned is happy in knowing that they have signally failed. They were made without the slightest evidence of their truth, and under circumstances which entitle them to no credit. Her Majesty's Govern- ment have not been insensible to the efforts which were made both by the general and State Governments to enforce and preserve their obligatitms of neutrality. Faithful to the principles which it has always professed, and on which it has ever acted, the American Government determined from the first moment of the contest to maintain the strictest neutrality. Everything was done which Her Majesty's Government had a right to expect, and to the prompt and vigorous measures adopted by the United States are in a great measure to be attributed, the cessation of hostilities within the Canadian Provinces. The sincerity of the American Govem* ment in preserving its relations of neutrality and peace will therefore be best seen in the early manifestation of its views, and the steps taken to restrain its misguided citizens from interfering in the disturbances of Her Majesty's colonics. These elforts moreover were spontaneous and uncalled for. So IKr from being influenceTH reference to the letters which, by direction of the Pre- sident, you addressed to me on the 5th and 19th ultimo, respecting the capture and destruction of the steam-boat, " Caroline," by a Canadian force on the American side of the Niagara River, within the jurisdiction of the State of New York, I have now the honour to communicate to you the copy of a letter upon that subject, which I have received from Sir Francis Hfead, Lieutenant-Governor of the Province of Upper Canada, with divers reports and depositions annexed. The piratical character of the steam-boat "Caroline," and the necessity of self-defence and self-preservation, under which Her Majesty's subjects acted in destroying that vessel would seem to be sufficiently established. At the time when the event happened, the ordinary laws of the United States were not enforced withm the frontier district of the State of New York. The authority of the law was overborne, publicly, by Eiratical violence. Through such violence Her Majesty's subjects in Fpper Canada had already severely suffered ; and they were threatened with still further injury and outrage. This extraordinary state of thmgs appears, naturally and necessarily, to have impelled them to consult their own security, by pursuing and destroying the vessel of their piratical enemy, wheresoever they might find her. I avail myself, &c., (Signed) H. S. FOX /^''.• ■/ ' Stib^Indogure 1 in4nclosxire2 in Ne. 1.-^ Sir Francis Head to Mr. Fox. Toronto, Upper Canada, Sir, January 8, 1838. I HAVE the honour to inclose to you the copy of a special message sent by his Excellency Governor Marcy to the Legi:}lature of the State of New York in relation to a matter on which your Excellency will desire the earliest and mogt authentic information. T!ie message only reached this place yesterday, and I lost no time in communicating with your Excellency on the subject. The Governor of the State of New York complains of the cutting out and burning of the steam-boat "Caroline," by order of Colonel Mc Nab, commanding Her Majesty's forces at Chippewa, in the Province of Upper Canada, and of the destruction of the lives of some American citizens who were on board of the boat at the time she was attacked. The act complained of was done under the following circumstances : In Upper Canada, which ooilage are thus defying the civil authorities of both countries. Upper Canada alone is the object of their hostilities. The Government of the United States has failed to enforce its authority by any means, civil or military ; and the single question, if it be a question, is, whether Upper Canada was bound to reTraiu from necessary acts of self-defence against a people whom their own Government either could not or would not control. In perusing the message of his Excellency Governor Marcy to the Legislature of the State of New York, your Excellency will probably feel some degree of surprise that, after three weeks' continued hostility carried on by the citizens of New York against the people of Upper Canada, his Excellency seems to have considered himself not called upon to make this aggression the subject of remark for any other purpose than to complain of a solitary act of self-defence on the part of Her Majesty's province of Upper Canada, to which such unprovoked hostilities have unavoidaUy led. I have, &c., (Signed) F. B. HEAD. Sub-Inclosure 2 in Inclosure 2 in No. 1. Sir FrancU Head to Oovemor H^arcy. Qovemment Home, Toronto, Sir, December 13, 183?. YOUR Excellency has doubtless received intelligence, though not of an authentic character, of an insurrectionary movement, which, within the last few days, has been made in this province, and which the loyal C ■y.'' u feeling of the gireat mass of Her Majesty's subjects has enabled me promptly to suppress. Though an occurence of this particular nature in a country immediately adjomin^ the State under your Excellency's Government, muse naturally excite a considerable degree of interest, I might not have felt myself called upon to communicate with your Excel* lenc^ upon the subject, if I had not received an official paper from the magistracy of the district of Niagara, that efforts are made by calling public meetings in Buffalo, to procure countenance and support among the inhabitants of that city to the efforts of the disaffected in Upper Canada. I am perfectly persuaded that, under any circumstances, the public authorities in the United States would exert themselves to strengthen rather than to disturb the kind feeline which has for so many years united the nations of Great Britain and the Uniteo States, in the most amicable relations. And when I acquaint your Excellency that the armed party of traitors, which are now dispersed, during the few days that they remained embodied, were guilty of such unprovoked and wanton acts of murder, arson, and robbery^ as disgusted their adherents, and occasioned their rapid desertion, I feel no doubt that, whatever may be justly done by the government of one friendly and enlightened nation towards restraining its subjects from disturbing the peace, and injuring the unoffending inhabitants of an other, may confidently be expected from your Excellency. It is fit I should apprise your Excellency, that there is not at this moment, to my knowlcdg:e, within the whole extent of Upper Canada, a single body of men assembled with arms, or otherwise, in opposition to the Government. Before the 5th of December, there had been about 500 or 600 men hastily got together at the instigation of a Mr. Mc Kenzie, the editor of a seditious newspaper here, but these have been wholly dispersed, and their leader, we understand, is now in Buffalo, endeavourmg to excite there a support which he fails to meet with in this province. I have, &c., (Signed) F. B. HEAD. ... '- c^!' Sub-Inclosure 3 in Indosure 2 in No. 1. '!■ fi Mr. Itogeri to Colonel Me Nab. Sir, fit#a/o, December 29, 1837. OUR city has been thrown into commotion this morning by tt. repcit that certain forces under your command had within the last twelve hours landed upon Grand Island, within the territory of the United States. I have no confidence in the report, and believe it utterly without foundation ; but to quell the apprehensions of our citisens, I have pledged myself, as an acting officer of tne Government, to take every possible means to ascer* tain the truth of the report and to prevent such an occurrence. In the absence of the Marshall, I have conunissioned Judge McLean, of this city, to wait on you immediately, and to make you acquainted with the present attitude of affairs. The judge will bear this to you, and upon his statements and representations you can rely with the most perfect confi> dence. Be assured, Sir, that the public authorities upon this frontier will put forth every effort to restrain our citizens and to maintain a strict neutrality. With great consideration, &C., (Signed) W. H. ROGERS, DUtrict Attorney. 15 Sub-IncIo8ure 4 in Incloiure 2 in No. 1. Colonel Me. Nab to Mr. Rogtri. Sir, Head-Quarters, Chippewa, December 29, 1837. I HAVE the honour to acknowledge the receipt of your letter of thiH morning, just handed to me by the honourable Mr. Justice Me Lean. With respect to the report in the city of Buffalo, that certain forces under my command had landed upon Grand Island, an island within the territory of the United States, I can assure you that it is entirely without foundation, and that so far from having any intention of the kind, such a Brocceding would be in direct opfKwition to the wishes and instructions of [er Britannic Majesty's Government in this colony, whose servant I have the honour to be. ° Entering at once into the feeling^B which induced you to address tat Xn this subject, I beg leave to call your attention to the following facts : it so far from occupying or intending to occupy that, or any other por> tion of the American country, aggressions of a most serious and hostile nature have been made upon the forces under my command from that island. Two affidavits are now before me, stating, that a volley of musketry from Grand Island was yesterday Bred upon a party of unarmed persons, some of whom were females, without the slightest provocation having been offered ; that on the same day, one of my boats, manned by British subjects, passing along the American shore, and without any cause having being given, was fired upon from the American side, near Fort Schlosser, by cannon, the property, I am told, of the United States. I have also before me most positive information, that a steam3 elapsed before the fire started into a blaze, and that one of deponent's own men was there the whole time kindling the fire ; that deponent does not believe that any living being was on board the *' Caroline'' after hii party left her, and that it was impossible to suppose any person would nave remained there knowing that a fire was lighting to burn the vessel ; that deponent was the last person who left the vessel except one, and that man stepped into the boat immediately after him, and that deponent does not believe that any person on board the " Caroline" jumped or was thrown overboard. (Signed) Andriw Drew, Sworn before me at Chippewa, this Commander, Royal Navy. 10th day of January, 1838. (Signed) Jamh Cummincs, JuMtice of Peace. Sub-Inclosure 11 in Inclosure 2 in No. 1. Depontion of Luke Walker. Upper Canada, Dittrict of Niagara to Wit. — Luke Walker, of the city of Buffalo, in the State of New York, in the United States of America, labourer, maketh oath, and saith, that he was on board the steam-boat "Caroline'' last nijrh^ when she was captured; that there were about thirty armed men oii lx}ard ; that the said boat, as he under- stood, was the property of the patriots on Navy Island. She had been employed during the day in taking provisions and stores in the island ; that deponent was in the cabin lying down when he heard the watch or deck cry out, " Hurra boys, here comes the enemy ;" that he heard the captain say to the men, " Sleep well to night, for we shall have hard work to-morrow ; there are many gent'cmen coming from Rochester, and we shall have to take them over." kit (Signed) Lukb X Walkeb. nark. Sworn before me at Chippewa, first having been fully read ana explained to him, this 30th December, 1837. (Signed) W. U. lUnhirr. Jii-iite of Pence. Sub-Inclosure 12 in Inclosure 2 in No. 1. Deposition of Sylvanus Fearnes Wrigley. V'f-^nr C'nada, j^istrict of Niagara to Wit. — Sylvanus Fearnes Wrigley. laLe of the township of Dumfries, in the district of Gore, labimret . c.eposeth an>i naith, that he is a British subject ; that he enlisted vi\V\ Chr.iies Duncombe and joined him in the London district; that after Duncombe's men were dispersed, he went with Alfred Luce, another of Duncombe's men, down to Cnippewa. crossed the Niagara river to join the patriots; that he was on board the steam-boat '< Caroline," with the 10 ■aid Alfred L i'*r>, on ^heir way to Navy Island, at the time ahe waa captured ; that he believes said Luce war killed in the enf^agcmcnt ; that he understood the boat to be the property of the patriots ; that on the same day she was captured she had taken a six-pounder to the island from Fort SchlosNPr on the American shore, with provisions and other necessaries for Mc Kenzie's army ; that the flag they had on board was a British flaff ; that the deponent saw the cannon put on board ; that the cannon aslie understcxxl woh the |)ropcrty of the United States, and that it was in charge of one Parker, who this deponent understoinl was "" oal in Unpcr Canada, for high treason, and who formerly kept a shoi; in Hamilton; said Parker had several brother to the Parker now in goal in Unpcr Canada, for high treason, rly kept a shoi; in Hamilton; said Parker na ' recruits for Mc Koiw.ii* with him; Ih/it when the boats approached the ■team-boat, a rifle was firctd at them from the steam-boat ; that ho then ran forward to the front of tiie steam-boat, when Ih* was made a prisoner. (Signed) Silvanus Fkahns Wrioley. The only firelock deponent saw on board was muskets and rifles. (Signed) Silvam's Fearnb WaiOLEV. Sworn before me at Chippewa, this 30th day of December, 1U37. (Signed) W. H. Mbrritt. Jv$tice of P«ace. Sub-IncloBure 13 in Inclosure 2 in No. 1. Deposition of Oeorge Nolop. Upper Canada, District of Niagara to Wit. — Oeorge Nolop, of the village of Brantford, in the district of Gore, veoman, deposeth and saith, that ne is a British subject ; that on the 28th of this present month he went over on business to the United States ; that on arriving at Fort SchloRser in the said United States, he was taken prisoner by a body of armed men, who said they were citizens of the United States ; that he, was put under guard and detained for about twenty-four hours ; that he this deponent, repeatedly applied to be liberated, but was told by the guard that they would not let any damned tory go; that whilst he was a prisoner at Fort Schlosser, he saw a six-pounder, belonging, as his guard informed him, to the United States, taken from the fort, put on boara the steam-boat " Caroline," and taken to Navy Islanr! ; that while he was Erisoner, he heard the men belonging to the boai state that the boat elonged to the patriots, and that she was to be employed in taking stores, guns, and other necessaries to Navy Island, for the use of the patriot army ; that while deponent was a prisoner some armed men came up to the tavern where he was, and said that the tories had got the boat; that the men turned out and fired upon the persons they called tories; that deponent heard from his guard that there were about thirty armed men on board the boat ; that during the confusion he made his escape ; that when the men of the boat went down to man her, they marched in r^ular order ; that in the guard-room in the tavern where he was con- itned, there was a cask filled with six-pound shot, and two casks of grape and canister, and the men belonging to the steam-boat said, that said shot had been taken out of the arsenal at Buffalo, and was sent to the patriots ; that one of the crew told this deponent after the steam-boat nad been taken, that he was sentry on deck when the attack was made, and demanded the counter-sign several times from the attacking party, biM they did not give it. (Signed) Geobge Nolop. S^nrn before me at Chippewa, this 30th day of December, 1837. (Signed) George Rtkert, Justice of Peace. 20 Sub-Inclosure 14 in Inclosure 2 in No. 1. Deposition of James Hood. District of Niagara to wit. — James Hood, late of the city of Buffalo, in the State of New York, mariner, but now of the village of Chippewa, in the province of Upper Canada, maketh oath und saith, that he was at Buffalo when the steamer " Caroline" was cut out of the ice ; he saw the men working at her, and in his opinion the number employed could not be much less than one thousand ; that it was generally understood that they were volunteers working for Mc Kenzie and the patriots on Navy Island, and it was the common talk of the town that the " Caroline" was intended for the use of the patriots on the island ; that he, this deponent, saw on board of the said boat when she left, muskets, swords, ana flour ; that he asked Captain Appleby who commanded the boat, where she was foing ; and that Appleby said to Dunkirk, which is forty-five miles above tullaio ; that deponent replied that he believed the Dunkirk he meant would be in another direction, meaning Navy Island; that the captain then smiled, and made no reply. Deponent further saith, that he has heard many rich people in Buffalo say, that if the patriots would fight they would find them. (Signed) James Ho«d. Sworn before me at Chippewa, in the district of Niagara, this 8th day of January, 1838. (Signed) Warner Nellbs, Justice of the Peace. Inclosure 3 in No. 1. Mr, Benton to Mr. Forsyth. Sir, Buffalo, January 8, 1838. 1 HAVE the honour to hand you for the information of the President, copies of sundry affidavits relating to the destruction of the steam-boat " Caroline'' at Schlosser, within the territory of the State of New York, the originals of which arc retained in my possession. I am informed by H. W. Rogers, Esq. of this city, that a communication in relation to the burning of the steam-boat and other matters connected with that unfor- tunate event have been communicated to the President. 1 am, &ic., (Signed) N. S. BENTON. United States' Attorney. Sub-Inclosure 1 in Inclosure 3 in No 1. Deposition of Samuel Longley. State of New York, Erie County Sessions. Samuel M. Longley, residing in UufTato, being sworn, deposes and says, that he has iust returned to this city from Canada ; that whilst there he was in the village of Queenstown ; that he was in said village on the evening of the 30th of December, 1837 ; that whilst in the bar-room of the Queen's Hotel, where he put up, he saw there a number of |)crsons, among wh()m was a man whom this deponent was informed was Lieu- tenant Mo Donald or Mc Donough of tiic militia ; also a young and tall man of the name of Allen, as tnis deponent was informed. There were several others with the said Mc Donald and Allen. The said Mc Donald or Mc Donough stated in the presence of this deponent, that he was one of the party who crossed from the Canada side to Schlosser to attack tlie 21 steam-boat *• Caroline;" that there were in all from forty to seventy persons in the boats which crossed ; that there were four boats in all that crossed ; that the boats were under the command of three naval officers ; that the enterprize was undertaken to excite the people of the United States to war ; that they were acting under authority ; that before leaving Canada they knew where th« boat lay ; that on approaching the boat they were hailed by the sentry on board the boat ; that they replied " Friends ;" that they immediately boarded and commenced firing upon the persons on board the boat, who were then just rushing up from the cabin. The said Mc Donough or Mc Donald further stated, that the names of the naval officers who were in command, were Warren, Mosier, and Drew. On answering to the sentinel that they were friends, they were fired upon by the sentinel from the steam-boat. They immediately fired at and killed him ; that on ascending the boat they commenced an indiscriminate slaughter, giving no quarter. A man of tne name of Arnold attacked a man on bmird the steam-boat, who resisted the said Arnold, received a wound. He then knocked down the man and with his foot held him down, and with his pistol beat the man's face until his teeth were all beaten out ; that Arnold then knocked his brains out with his pistol, and then continued beating him until he had shattered his pistol ; that Arnold carried the pistol over to Chippewa all covered with the brains of the murdered man, and boasted of the deed, exhibiting his pistol as proof of the fact ; that after firing the boat and cutting her loose, the said Warren remained on board the boat to prevent any persons who might be below from escaping ; that on several persons coming up from the cabin they were all stabbed with a sword by the said Warren ; that the said Warren remained on board the steam-boat for the purpose of preventing said escape, until he was obliged to leave the boat on account of the fire. The said Mc Donough further stated, that they knew that the persons whom they attacked were citizens of the United States ; that they took two prisoners, and that they were now at Chippewa, and that violent means had Ixten used to force the said prisoners to unfold the plans of the force on Navy Island and on the frontier. The said Mc Donough further stated, that they knew that the boat was from Buffalo, and that she did not belong to Navy Island ; that they expected that there were a great many persons on board, and that having gone over in order to murder so many persons, they were disappointed in nnding so few persons on board ; that tnerc were killed twelve or fourteen persons. The said Allen, who was in company with the said Mc Donough or McDonald, stated the same matters and facts as Mc Donough. They were then on their way to Coburg where they resided. (Signed) S. M. Lonqley. Sworn before me this 1st day of January, a.d. 1838. (Signed) H. A. Salisbury, Commissioner of Deeds forErie County, Sub-Inclosure 2 in Inclosure 3 in No. 1. Deposition of Henry Emmons. State of New York, County of Niagara Sessions. Henry Emmons, of the town of Niagara in said county, being duly sworn, says, that he k Nar-tender at the public-house kept by James Field, at Schlosser in suid county, and has been such bar-tender for one month preceding the day of the taking this affidavit ; that there never has been nn individual detained by a military guard at Schlosser during any part of that time. And this deponent furtlier says, that from his employ- ment at Schlosser it would be impossible for any person to be detained there without the knowledge of this deponent ; that particularly no such person as George Nolop ever was known to be at Schlosser in any manner. G 22 And this deponent further says, that he has read a copy of George Nolop's affidavit taken at the district of Niagara in Upper Canada, on the 30th clay of December last, and that no part of the same is true to the knowledge or belief of deponent. And this deponent further says, that there is no fort at Schlosser or nearer that place than Fort Niagara, a distance of sixteen miles from Schlosser ; that there never was a cask filled with six^pound shot, or two casks of grape and canister in the house or near the premises where this deponent resides. And this deponent further says, that no person fired a gun at the persons engaged in taking the boat " Caroline," and massacreing the persons on board of her, and that there were no armed men near the boat at the time she lay at the wharf ; that so far as he saw or believes, no guns or arms were carried on board said " Caro* line " by the persons going on board to sleep the night she was taken. (Signed) Henry Ehmons. Sworn and subscribed this 1st day of January, 1838, before me, (Signed) Jabies M. Smith, Jun., Commitaioner of Deeds. i-' -v .V*' Sub-Inclosure 3 in Inclosure 3 in No. 1. Deposition of Benjamin Holt, Milton Keyes, Alanson Liscom, ^e. State of New York, County of Niagara Sessions. Benjamin Holt, Milton Keyes, Alanson Liscom, William Chappell, E. Burton Reynolds, all of Schlosser in said county, being duly sworn, say, that they have heard the foregoing affidavit of Henry Emmons read, and that the same is true in all respects from their knowledge and belief, and that each and all of these deponents were at Schlosser at the time the steam-boat '' Caroline " was taken and burnt. (Signed) Benjamin Holt, £. Burton Reynolds, Alanson Liscom, Milton Keyes, William Chappell. Sworn and subscribed this 1st day of January, 1838, before me, (Signed) Jambs M. Smith, Jun., Commissioner of Deeds. Si f Sub-Inclosure 4 in Inclosure 3 in No. 1. Deposition of Philo Smith. I HERF'BY certify that I heard several of the officers under the com- mand of Colonel McNab at Chippewa, say on Saturday morning the 30th instant, that the expedition which took the steam-boat " Caroline " on the night previous had acted properly; and that the men did perfectly correct in going into an American port and massacreing the persons on board the steam-boat "Caroline." That there were two officers who made such expressions, and that lie knows they were officers fron the fact that they wore dressed in uniform, and had on one or two epaulettes and iron swords ; that they said the reason of their sending to take the boat was, that she was furnishing and carrying arms and provisions to the troops on Navy Island which they gave as a justification. That deponent resides at Chippewa in Upper Canada, and left there yesterday morning, and that he did not know the names or rank of the officers who made such expressions. (Signed) Philo S. Smith. Sworn and subscribed before me, this 31st day of December, 1837. (Signed) N. K. Hall, Alderman of the Hth Ward of the City of Buffalo. 23 £8 y J or fort een tind isea no le," no ■ as iro- ONB. edt. ypell, rorn, read, clief, e the (LL. teds. com- 30th 1 the rrect dthc such they iron was, •oops sides and such IITH. yfthe Inclosure 4 in No. 1. Mr. Oeorge Pratt to the President of the United States. Sir, Rochester, January 10, 1838. COLONEL Mo NAB having avowed that the steam-boat "Caroline" was destroyed by his orders, justifies himself by the plea, sustained by affidavits, that hostilities were commenced from the American shore. I inclose you the affidavits of four respectable citizens of Rochester who were present at the time, who contradict the assertions of Colonel Mc Nab. I hd.v6 Stc. (Signed) GEORGE W. PRATT. u\i. iX Sub-Inclosure 1 in inclosure 4 in No. 1. Deposition of Amos Sawyer, Matthew Leffingwell, Daniel Osbom, and Nathan Blossom. THE Undersigned, citizens of the United States, residing in the county of Monroe, having had our attention called to the official statement of Colonel A. N. Mc Nab, accompanied by documents, represent that they all staid at Schlosser, on the night of the 28th day of December last. That there is but one dwelling at or near all Fort Schlosser, which is the tavern kept by James Field, and at which they staid on the night aforesaid ; that on the said night there was no body of armed men at or about the said tavern, and there was no person at that place detained as a prisoner, or kept under guard, or confined in any way, as represented in the affidavit of George Iu)lop, accompanying the communication of Colonel Mc Nab ; that old Fort Schlosser is entirely in ruins, and there was no fortification of any kind at said place, or any garrison or military station at that place on the evening or night of the 28th day of December aforesaid. That on the night aforesaid the tavern at which these deponents staid was crowded, and these deponents all slept on the floor, and rose very early in the morning ; that just about the time of their rising as aforesaid, they heard the discharge of icannon either from Navy Island or the main land of Upper Canada ; and these deponents immediately went out, and down to the shore of the Niagara River ; that no cannon or gun of any kind was discharged from the American shore during the morning of the 29th day of December last. The Undersigned, Amos Sawyer, further states, that whilst standing on the shore, and after his companions separated from him some distance, he saw a boat coming round the upper end of Navy Island, and pass down the river between that island and the lower end of Grand Island ; that whilst the boat was so passing round said Navy Island, and down the river as aforesaid, several guns or cannon-shots were discharged from said Navy Island towards saicl boat ; that he, said deponent, continued to watch said boat, until she arrived at Chippewa, on the main land of the Canada shore ; that said Sawyer has no doubt tliat said boat was the same under charge of Lieutenant J. Elmsley, of the Royal Navy, referred to in his letter to Colonel McNab; that from the time the said boat appeared in sight at the upper end of Navy Island until she landed at Cnippuwa, there was no cannon or gun of any kind discharged from Fort Schlosser, or from the American shore at or near said place, or within hearing at said place. (Signed) Amos Sawyer. Matthew Leffingwbli.. Daniel Osborn. Nathan N. Blossom. tv»A/ O' 24 - 1\ ■Ss Monroe County Sessions. The above-named Amos Sawyer, Matthew Leffingnirell, Daniel Osborn, Nathan H. Blossom, bein^ by me sworn, deposed and said, that the state- ments above mentioned by them respectively made and subscribed, are correct and true. (Signed) Elisha Johnson, Sworn this 9th day of January, 1838. Mayor of Rochetter. Inclosure 5 in No. 1. Mr. Rogers to Mr. Forsyth. Sir, Buffalo, January 16, 1838. YOUR'S, of the 6th instant, addressed to Mr. Benton, United States' Attorney for the Northern district of this State, came to hand on Saturday last. Mr. Benton had previously left this city for Albany, whither he has gone to attend court, which he deemed absolutely necessary for the public interests, giving me instructions to act in his behalf during his absence. I shall proceed immediately to collect the information desired, so far as it is in my power to do so, and keep you constantly advised of the progress of my efforts. Inclosed I send you copies of affidavits taken subsequently to the transmission of the first documents in reference to the Scniosser affair, some of which, and especially the one made by Appleby and others, were intended to meet certain points in the affidavits taken under the direction of Colonel Mc Nab, with copies of which you have been already put in possession by the Canadian authorities, as I understand. I have written for, and shall probably receive to-morrow, a certified copy of the minutes of the grand jury taken by the district attorney of Niagara county upon the complaint preferred against some of the prisoners engaged in the capture of the " Caroline," and the murdering of her inmates, which I will immediately forward to your department, and will endeavour at the same time to send other affidavits, throwing light upon the same transaction. It is possible you have already received from Mr. Benton copies of some of the affidavits herewith sent, but for greater certainty I forward at this time all now in my possession. I have, &c,, (Signed) H. W. ROGERS, District Attorney for the County of Erie, V. / yj " Sub-Inclosure I in Inclosure 5 in No. I. Deposition of Messrs. Oilman Appleby, William Seaman, jun., John C. Haggerty, ifc. State of New York, Erie County Sessions. Oilman Ajm'«by, William Seamen, jun., John C. Haggerty, Charles F. Harding, tVilliam Kennedy, William Wells , being duly sworn, say, and each for himself says, that, since making affidavits on the 30th in- stant, in the county of Niagara, in relation to the outrage upon the steam- boat " Caroline," at "ort achlosser, they have heard certain papers read purporting to be copies of affidavits made at Chippewa, Upper Canada, on the 30th instant, by Luke Walker and Sylvanus Fearnes Wrigley, before William H. Merritt, esquire ; and they further say, that there were no armed men on board of said steam-boat '' Caroline" on the night of the 29th instant, except the British force which attacked said steam-boat. And the said Gilman Appleby says, that he did not s<*y, and the other deponents say, that they did not hear any person say that night, " Slee{» 25 well to-night, for we shall have hard work to-morrow ; there are many gentlemen from Rochesier, and we shall have to take them over," or any such expression. These deponents also say. each for himself, that the only flag on said steam-boat " Caroline" was tne American flag ; that they heard no firing from the steam-boat at any time before or during the fight, for they had no fire-arms on board with which they could fire, except as stated below in this affidavit. These deponents further say, and each for himself says, that it was not understock on board of saidi steam-boat, that she was the property of the patriots on Navy Island, but it was well understood on board that she was the property of William Wells, of the city of Buffalo. The said John C. Haggerty says, that he had in his pocket a pistol, with about a four-inch barrel to it ; but it was not loaded, and was not out of his pocket during the night, and he had nothing with which he could ^ave loaded it. And these deponents severally say, that they are citizens of the United States, and further say not. (Signed) Gilhan Applebt. William Seaman, Jun. John C. Haqoertt. C. F. Harding. William Kennedy. William Wells. Sworn before me, December 31, 1837. (Signed) D. TiLLINOHAST, Sup. Commitsioner, ^c. Erie County Sesaions. — I certify the foregoing to be a true copy of an original afiidavit taken before me this day. (Signed) D. Tillinqhast, Buffalo, December 31, 1837. Sup. Commissioner, tfc. Sub-Inclosure 2 in Inclosure 5 in No. 1. Deposition of Norman Bamum. State of New York, County of Erie Sessions. Norman Bamum, being duly sworn, say!j, that on the 29th day of December instant, this deponent was at the British encampment at Chippewa, in Upper Canada ; that during the afternoon of that day, this deponent saw tne steam-boat " Caroline^' passing from Schlosser, on the American or United States' side of the Niagara River, to Navy Island; that imm'Hliately after the "Caroline" was seen so passing, a great excite- ment pre ailed among the officers and soldiers at Chippewa, under the command of Colonel Allan McNab; that it was there determined by some of the officers under the command of Colonel McNab to seize the said " Caroline," and the command of the expedition was given to Captain Mosier. That this deponent further says, that he heard distinctly Colonel Allan Mc Nab say to the officers engaged in said expedition, that if the cavalry soldiers would let their swords and pistols go, that he would be personally responsible for their return. And this deponent further says, about eight o'clock in the evening, twelve boats left Chippewa, with the intention of seizing the said steam- boat, and bring her a prize to Chippewa ; that at the time the said boats started, the lignts from said steam-Doat were distinctly seen, and it was well known that said steam-boat lay at the wharf at Schlosser. And this deponent further says, that among the officers and persons engaged in said expedition, were said Mosier, Rowland Mc Donald, and Alexander Mc Leod ; and that the said Mc Leod boasted when he returned to Chippewa, that his sword had drunk the blood of two men on board' H <■.' ,* ; •' i 'I »!;i *2 26 the 9aid ^tef^iq-boat. And this deponent further says, that soon after laid bpfits had left Chipp«wa> preparations vere made to build beacon-lights « little above Chippewa ; and soon after the signal was given from the boats, two beacons were light, and the boats returned to them. And this deponent fprthpr sayS, that, from what he heard and saw dnrinff the day and night at Chippewa; he has not the least doubt but that Co}<^el ]Hq Nal) was acquainted with «nd approved of said expedition. (Signed) Nqrhan Baknum. Sworn and subscribed this 31st day of Deeemher, 1837, W^re m«, (Signed) N. K. Hall, ..;•;.•. , Alderman of the 6th ward tf Iht Citjf of Buffal<{. Subolnclosure 3 in Inclosure 5 in No. 1. Deposition of Luke Walker. State of New York, County of Niagara Sessions. Luf'e Walker, of Buffalo, in the county of Erie, being duly sworn, deposes and say?, that he is nineteen years old ; that on Saturday morning, the 30th of December, 1837, about half-past twelve o'clock, he was on board the steam-boat *' Caroline," which was at that time lying at the wharf called Schlosser, landing about two miles and a half from the Falls of Niagara, in the town of Niagara, in the county of Niagara ; that on board of the said boat this deponent thinks there was about twenty-five or thirty men ; that this deponent at the time last aforesaid was awoke oy some persons breaking in doors and windows of said boat ; that he immediately got up and went on deck, and saw a number of armed men— should think about forty or fifty; that the men were ar-ned with pikes, swordt^'and pistols ; that this d.eponenl saw one man wounded who lay on deck ; that this deponent was seized and thrown down on said man, and one of the men wno were on said boat threatened to run this deponent through, unless he would tell where the men were who were on the boat. Tnis deponent was thrown down uptm the wounded men, and where he came in contact with him was covered with blood ; heard the man p^roan, and say '' Oh dear !'' This deponent was taken into one of the boats that con- tained the men who boarded the steam-boat " Caroline," and carried to Chippewa, in Upper Canada, to the officer's quarters. This deponent was asked if he knew o( the steam-boat "Caroline" having carried anything to the islan(|, and how many men there were on Navy Island, and many other questions, which this deponent does not recollect ; that the men in said boats towed said boat into the river, that they then set fire to it, and it went over the Falls. And this deponent further says, that before they took the boat from the shore and towed her into the river, they set fire to it in the cabin, on deck, and could not .get it to bum until they tore down some of the doors and used them for kindling wood ; that when the men came on said boats, this deponent heard some of them say, ''give no quar- ters ; " that the men on board the steam-boat had no arms ; that this dispo- nent wen'^ on board to sleep ; that one of the men on board was called Mc Cormitk and Zealand ; witness heard other names mentioned, but does not recollect them. One of the men said he went on to the wharf and turned over a negro man that was dead: that the men who boarded the '' Caroline" remained at the landing about three quarters of an hour before they took her off; that at the time they landed at Chippewa there was a large body of men collected at the place of landing, who had a large fire for the purpose of affording a light to the men who nad boarded and burned the " Caroline;" that when some of the men who had boarded the "Caroline" landed, those assembled gave them cheers ; that while on the Canadian side he heard many of them say that the burning of the " Caroline " was one of the best 27 Acts that could have been done ; that if the Yankees want to war with them they will catch it ; that they detained him, witness, until the after- nooo of ^turday, 31st of December, and then gave witness a pass. ,,...:,■■. nil ,. ., .:,,,•;;.., ...../,,/,- .' ., ;.,■,;:• ,.,... ..(Signed), JiUiE X Walker. mark- Subscribed and sworn January 1st, 1838, before me. (Signed) C. W. Smith, - Commissioner of Dfie4t, ^' .,., Sub-Inclosure 4 in Inclosure 5 in No. 1. Deposition of James H. King. State of New York, Erie County Sessions. James H. King, of the city of Buffalo, being duly sworn, says, that he made an affidavit on the 30th December last, in relation to the outrage on the steamIncloBure 5 in Inclosure 5 in No. 1. Depoaition of Alford Luee. State of New York, Erie County Sessions. Alford Luce, being duly sworn, deposes and says, that his late resi- dence has been in the town of Dumfries, Gore district. Upper Canada, that he, in company with Sylvanus Fearnes Wrigley, was on board the steam-boat " Caroline " at Schlosser, on the evening of the 29th of Decem- ber last ; that he had retired to sleep in the upper-deck cabin at an early hour ; about midnight he was awakened by one of the watch on board, and was re<|^uested to give un his berth to him ; he accordingly did so, and went down into the lower caoin ; in a short time, Mr. Kennedy, another of the steam -boat watch, made an oufcry to Captain Appleby, that boats fall of men, calling themselves friends, were coming up to the " Caroline ;" this deponent immediately ran upon deck, and discovered the boats coming Under the stern of the " Caroline," along the side of the wharf, and the men commenced jumping on the wharf; at this instant deponent passed off the forward pnrt of the said boat upon the open floor of the warehouse, and while going to the main dock, two muskets were fired from the boats, and Mr. Durfee, who was about six feet from deponent, a little in the rear, fell; deponent escaped to the road; heard firing and clashing of arms. This deponent further says, that there were no anus nor armed men on '.•i>/^ ♦* 'V^' 28 board the " Caroline," nor were there any ufon the wharf, nor upon the shore. Deponent has read the affidavit attributed to the above-named Syl- vanus Feames Wrigley, and from hig knowledge of him, being an intimate acquaintance and relative, is positive that if he made saia affidavit the material part must have been from compulsion and terror. (Signed) Alfobd Luca. Sworn before me this 12th day of January, a.d. 1838. (Signed) Milton Mc Neil, Commissioner of Deeds of Erie County. i-.-jy,' <^" • - ' Sub-Inclosure 6 in Inclosure 5 in No. 1. Deposition of Parkhurst Whitney. State of New York, County of Niagara Sessions. Parkhurst Whitney, of the town akid county of Niagara, being duly ' sworn, doth depose and aay, that on the 4th day of January , in the year 18^, at Chippewa, m the province of Upper Canada, he had an interview with Sir Francis Bond Head, Lieutenant-Governor of said province ; that in the cc urse of conversation with said Sir Francis Bond Head, the capture and destruction of the steam-boat " Caroline," and the killing of some of her inm.itcs, was spoken of and conversed about freely, both by this deponent and he said Sir Francis Bond Head ; that in such conversation it was undeistood and admitted by the said Sir Francis Bond Head that the said *' Caroline " was captured and taken at Schlosser, and within the United States ; that the said Sir Francis Bond Head expressly and distinctly stated to this deponent, that he fully justified and approved of the cap- ture and destruction of the said " Caroline," and or the circumstances under which it was effected ; that the said " Caroline " was a piratical vessel, and that it was alike the duty of his Government and that of the United States, and all othners, to seize her wherever found ; that this con- versation took place at thn head-quarters of Colonel Mc Nab, command- ing Her Britannic Majcstj's forces at Chippewa aforesaid, and further this deponent saith not. (Signed) Parkhurst Wuitnet. Subscribed and sworn, January 14, 1838, before me, (Signed) W. Hunt, First Judge of Niagara Court. Sub-Inclosure 7 in Inclosure 5 in No 1. Deposition of Samuel Chase, John Hibbard, and John Vail. State of New York, County of Erie Sessions. Samuel Chase and John Hibbard, of the city of Buffalo, in the said county of Erie, and John Vail, of Hanover, in the county of Chautauque. being duly sworn, depose and say, and each for himself says, that he has known the steam-boat " Caroline " for at least four years next previous to her capture and destruction by British troops at or near Schlosser, on the 30th oay of December last past ; and these deponents each for himself say, that they ivere well acquainted with the construction of the said steam-boat and with her machinery, and that she was worth, at the time of capture and destruction aforesaid, exclusive of her furniture, the sum of 4,500 dollars ; these deponents further say, that they have understood, and verily believe, that the said steam-boat, at the time of her capture and destruction as aforesaid, was owned by William Wells, of the city of Buffalo, in the county of Erie aforesaid, and that a part of the fun^iture and other property, tnon in the said steam-boat, was also owned by the U » ' 29 gaid William Wells, to wit, one table, worth, in the opinion of these depo- nents, the sum of six dollars, one stove worth thirtv-nve dollars, an awn- ing worth ten dollars, oil and jugs worth ten dollars, one carpet worth five dollars, bar furniture worth five dollars, one over-coat worth twonty- five dollars, an oil-can, four lamps, four brooms, and wash-bowl, worth in the aggregate at least the sum of four dollars ; and further these depo- nents say not. (Signed) Samuel Chase, w 4 HiBBARD, Jo..N Vail. Subscribed and sworn, January 16, 1838, before me, (Signed) Isaac Humphrey, Judge of the Erie County Courts. Inclosure 6 in No. 1. Mr. Benton to Mr. Forsyth. tfy United States, District Attorney's Office, Sir, Little Falls, February 16, 1838. I HAVE the honour to hand you the affidavit of three of the indi- viduals residing at Rochester, which in my letter of the 6th instant from Buffalo I informed the department I had taken measures to procure. Mr. Blossom, the fourth person, being absent, his verification of tne facts stated was not procured, nor is it very material in any way as he would not, I am told, swear to anything more than Messrs. Osborn and Leffing* well have done. My object in procuring this proof was, to show by it that Lieutenant J. Elmsley, Royal Navy, was mistaken, wholly and entirely so, when he made the statement that he was fired upon from the main American shore on the morning of the 29th of December last in passing round Navy Island. I am, &c., (Signed) N. S. BENTON, United States' Attorney. yj' Sub-Inclosure in Inclosure 6 in No. 1 . Deposition of Messrs. Amos Sawyer, Daniel Osborn, and Matthew Leffingwelt. Rochester, New York, February 13, 1838. THE Undersigned citizens of the United States, residing in the county of Monroe, having had our attention called to the official statement of Colonel A. N. Mc Nab, accompanied by documents, represent that they all stayed at Schlosser on the night of the 28th day of December last ; that there is but one dwelling 8t or near Fort Schlosser, which is the tavern, kept by James Field, and at which they stayed on the night aforesaid ; that on the said night there was no body of armed men at or about the said tavern, and there was no person at that place detained as a prisoner, or kept under guard, or confined in any way as represented in the affidavit of George Nolop, accompanying the communication of Colonel Mc Nab. That old Fort Schlosser is entirely in ruins, and there was no fortification of any kind at said place, or any garrison or military station at that place, on the evening or night of the 28th day of December aforesaid. That on the pight aforesaid, the tavern at which these deponents staid was crowded, and these deponents all slept on the floor, and rose very early in the morning ; that just about the time of their rising as aforesaid, they heard the discharge of cannon, either from N^vy Island or .^. .*'.' V m the main land of Upper Canada ; and these deponents immediately went tMt and down to the shore of the Niagara River ; that no cannon or |[UD of any kipd was discharged from the American shore during the momuij^ of the 29th day of December last. The ^nderftigned, Amos Sawyer^ further states, that whilst standing on tihe shore, and after his companions separated fmm him some distance, he saw a boat coming round the upper end of Navv Island, and pass down Che river between that island and the lower ena of Grand Island ; that whilst the boat was passing round said Navy Island and down the river as aforesaid, several guns or cannon-shots were discharged from said N' vy Island towards said boat ; that he, said deponent, continued to watch said boat until she arrived at Chippewa, on the main land of the Canada shore t that said Sawyer has no doubt that said boat was the same under charge of Lieutenant J. Elmsley, of the Royal Navy, referred to in his letter to Colonel Mc Nab ; that from the time the said boat appeared in sight at the upper end of Navy Island, until she landed at Cnippewa, there was no cannon or gun of any kind discharged from Fort Schlosser, or from the American shore at or near said place, or within hearing of said place. (Signed) Amos Sawver, Daniel Osborv, Matthew LiFriNOwsLL. State of New York, Monroe County Sessions. On the 13th day of February, 1838, before me th« Subscriber, Recorder of Rochester, came Amos Sawyer, Matthew LetBngwell, and Daniel Osbom, and made solemn 'jath that the foregoing r^tatement of facts in print, subscribed by them, is true. (Sigpned) Isa^c Hills. Inclosure 7 in No. 1. ir, Mr. Benton to Mr. Fot-ii]h. Sir, - Buffalo, February 6, 1838. IN obedience to the instructions contained in your letter of the 6th of January last, wherein I was directed by the President to collect all the evidence within my reach of the circumstances relating to the extraordi- nary outrage committed at Schlosser, the value of the property destroyed, the names of the persons killed and wounded, the fate of those who v/ere carried off, and especially the names and official characters of the persons who were vthe perpetrators or the instigators of those acts of atrocity, I have now the honour to hand you, for the information of the President, all the evidence I have been able to procure in regard to that most extraordi- nary outrage. 1 should bave put your department in possession of these papers at an earlier day, but, as I have before advised you, the letter con- taining the instructions came to this city during my absence, and I found it at Little Falls on my return from Albany, where I had been to attend a. stated session of the district court. On ray arrival in this city I com- menced collecting information, and drawing up the affidavits which are inclosed, and have progressed therein with all the expedition in my power, having been somewnat delayed in consequence of various interruptions in the progress of taking the testimony. It does not become me to say anything in regard to the bearing of the testimony, but I can assure the department, that the character and standing of most of the affirmants are highly respectable, and every indi- vidual whose affidavit was drawn out by me was rigidly examined, and the statements made by. the affirmants were taken down and written out as nearly in the language used as could be done. The affidavits were then carefully read over, and every alteration or' amendment which waii 31 suggest^ wa« made, and then fair copies of tli« 'raft ^ ww* t ade and ■worn to. Having been on the gpot immediat- afl<>r the umaction took place, and remained here a considerable un> md havin made th< effbrtB to get out the truth when the public mind lu . >' was qui> .ind con: bpsed, which I think could not fail to produce what I had in view, an' that was to get at nothing but the truth, I am free to say thai in n. judgment it will be wholly out of the power of Her Britannic MajcKty officers 1^ Upi>cr Canada to change or alter any of the material Uuu stated in the affidavits. I have taken the liberty of appending to the papers the copy of a letter from Andrew Drew, Commanucr Royal Navy, to Hon. A. N. McNab, Colonel commanding Her Majesty's forces, being the report of the former officer of the capture ancl destruction of the steam-boat "Caroline," .which I took from the Niagara " Reporter" of the 11th of January, 1838, a newspaper printed in Upper Canada, and is no doubt an authentic paper. Tnc British ft^rces carried away two persons from the " Caroline,'' Sylvanus Flavus Wrigley a British subject, and Luke Walker a boy and an American citizen. Walker was sent over to the American side within two or three days after he was taken prisoner, and I saw him at Niagara Falls on the 1st day of January last, and under* stand he is now in the city of Buffiilo. Luke Walker did not complain in my hearing of harsh or ill usage while he was detained in Canada, and I have not learned that he has done so to any other person. Wrigley, after having been confined in the guard-house some time at Chippewa, hag been, ah I am informed, discharged by the British authorities, and per- mitted to go at large. I have not lieen able to obtain the names of any of the persons on board the " Caroline '' who were killed, or are supposed to have lost their lives in that affair, or who are missing, except Amos Durfee of Buffalo, and the little cabin-boy, who is in the affidavits called " Little Billy," whose real name was Johnson, both of whom it appears were shot after they had left the steam-boat, on the American shore, and within our territories. W. L. Mc Kenzie and R. Van Rensselaer, with their followers, took possession of Navy Island on or about the 14th of December last past, and from that period to the 14th day of January last, at which time Navy Island was abandoned by the forces collected under the authority of what was called the Provisional Government of the State of Upper Canada ; the wharf and dock on the American side of the Niagara River, and nearly opposite to Chippewa, was, I am informed, used as a landing-place, and itaany of the people who passed to and from Navy Island during the period above mentioned, departed from and landed at this place. From this point also a very considerable part of the stores, provisions, arms, and munitions of war were taken on to the island, untd the Marshal of the District and Mr. Barker the collector, under and pursuant to my advice, interposed and prevented the embarkation of armed men and munitions of war at this place. The landing above mentioned is about half a mile up the river from the spot where Fort Schlosser once was, but there is hardly a vestige of the fort left, and there is nothing to indicate to the sight that there ever was & fort at the spot pointed out as the place where it was. I have not, after the most diligent inquiries, been able to learn that arms of any description belonging to the United States were carried on to Navy Island ; and I am well assured that the six-pounder taken to the island on the 29th day of December last was not the property of the United States. I am constrained to say, and it is with deep regret and mortification, that while the armed forces occupied Navy Island, and previous to the " Caroline's " going to Schlosser, small parties of the Navy Islanders were upon the west side of Grand Island ; that Mr. Van Rensselaer removed some of his sick on to the latter island at one time ; and that it is pro- bable discharges from small arms were made from Grand Island at the inhabitants or armed forces on the Canadian side of the river, although nothing very serious happened in consequence of it. These discharges of musketry were made by persons belonging to, or attached to, Navy Island ; and this point is some miles distant from the 33 landing place at Schlosacr where the "Caroline" was destroyed, and higher up the river. A British subject by the name of Qoorge Nolop has, I understand, made an affidavit wherein he states, among other things, that he was taken and detained a prisoner at Schlosser, and that a cannon was taken from the fort, put on lioard the " Caroline,'* and taken to Navy Island. The affidavits of Henry Emmons and others refute and deny the statements of this man very positively and decidedly. I have annexed to the papers, herewith handed to you, a ncwHpaper copy of a letter from J. Elmsley, Lieutenant of the Royal Navy, to Colonel Mc Nab, and have done so because the outrage complained of in that letter is alleged to have tieen committed on the morning previous to the capture and destruction of the " Caroline," and from a point on the main American shore near where that tragic event took place. I have made the most diligent inquiries into this alleged outrage, and have not tiecn able to ascertain that the statements made in that letter, in regard to the firing from the American shore, are founded in fact ; but, on the contrary, I inform the department that it is highly ivaprobable that any such transaction took place. I have taken measures t^ procure the affidavits of four persons at Rochester who wore at Schlosser on the 'ght of the 28th, and morning of the 29th, of Decemtier last, wnich I shall annex to the papers now prepared, if received before they are sent off, and if not, I shall forward that affidavit as soon as it is received. Allan N. Mc Nub, of Upper Canada, was the officer in command of Her Britannic Majesty's forces stctioncd at Chippewa, and ordered the expedition to cut out and destroy the <' Caroline," as it is well understood and believed on this frontier. Andrew Drew, Commander Royal Navy, le) the Canadian papers. I have not tiecn able to ascertain by proof, in the k-hape of an affidavit, the names and official standing of ail the persons wiSo were the perpetrators of the acts of atrocity in question, but I have official information from the State District Attorney of the County of Niagara, that an indictment for murder had at a late term of the County Courts of that county tieen found against Allan N. Mc Nab, John Morier, Rolland Mc Donald, James Chalmers, Peter Rigley, Angus Mc Leod, Edgeworth Usher, Edward Zealand, John B. Warren, William Warren, Thomas McCormac, and J. and F. Jarvis, and that he, the district attorney, had forwarded to the department a copy of the testi- mony taken tiefore the grand jury on that occasion. After I had got through vith taking the affidavits on the points indicated in your letter, it was intimated to me that the " Caroline " left Buffalo under a particular agreement between the owner and several citizens of this place, that in case of loss of the lx)at they would indemnify the owner. I immediately instituted an inquiry into this matter, and find that about the time the "Caroline" left Buffalo a paper, in the following words, was circulated and signeat left Buffalo and proceeded on her trip to Schlosser without the owner having any indemnity. I have not learned who the persons are who signed the paper, but am assured by Mr. WelJs, the owner, that he never saw the paper previous to the destruction of the "Caroline," and that he has never had any consultation or conversation with the persons on Navy Island in regard to manning the twat, or fitting her out. This whole frontier is now quiet, and the Marshal and myself now propose leaving this place in a short time to return home. At present we cannot do anything here in the way of making arrests ; and as soon after my return home as I can do it, I propose to forward to the department a detailed report upon the subject connected with the events which have recently transpired on this frontier. I cannot refrain from saying, that the prudent and energetic course pu'^ued by Major-C«neral Scott, after his arrival on this frontier, 33 completely frustrated all the plans of the people asgcmblcd on Navy Islnnd, and prevented their second embarkation from our territory to invade Canada, and has restored this frontier to quiet and composure. I am, &c., (Signed) N. S. BENTON, United Statet' Attorney. Sub-Inclosure 1 in Inclosure 7 in No. 1. Depoiition of Oilman Appleby. United States of America, State of New York, Erie County Sessions. Oilman Appleby, of the City of Buffalo in the County and State afore- said, being duly sworn, deposeth and saith, that he is an American citizen ; and that on the morning of the 29th day of December last past he left the port of Buffalo in the steam-boat " Caroline," owned by William Wells or Buffalo aforesaid, and bound for Schlosser, upon the cast side of the Niagara River, and within the United States of America. That he, this deponent, commanded the said steam-ljoat " Caroline," and that she was cleared from Buffalo with the intention of running between said Buffalo and Schlosser to carry passengers and freight. That this depo- nent caused the said " Caroline " to come to at the wharf at Black Rock Dam on her way down ; and that while there this deponent caused the American flag, which was the ting called the American Ensign, to be run up ; and that soon after leaving Black Rock harbour several muskets were discharged at the said " Caroline " from the Canadian shore, but without any injury ; that the said " Caroline " continued her course down the Niagara River unmolested, and came to outside of certain scows or boats attached to Navy Island, when a number of the passengers disembarked ; and, as this deponent supposes, certain articles of freight were landed ; that from the place last aforesaid the said " Caroline " was run to Schlosser, and arrived there at about three o'clock in the afternoon ; that between this time and dark the said steam-boat made two trips from Schlosser to Navy Island, coming to at the place above-mentioned ; and that on the return of the said steam-boat to Schlosser on the last trip made that day, she was made fast at the dock at the latter place at about six o'clock in the evening with a chain cable. That the officers and crew of the said *' Caroline " were ten in number ; and that in the course of the evening twenty-three individuals, all of whom this deponent then and now supposed were citizens of the United States, came on board of said boat, ana requested this deponent and the other officers of the boat to permit them to remain on board during the night, as they were unable to procure lodgings at the tavern near by. These requests were acceded to, and the persons thus coming on boanl the said boat retired to rest, as did also the officers and crew of the said "Caroline," except such as were stationed to watch during the night ; that about midnight this deponent was informed by one of the men stationed to watch, tnat several boats filled with armed men were making towards the "Caroline" from the river ; and this deponent immediately gave the alarm ; and before he was able to reach the cieck the " Caroline " was boarded by some seventy or eighty men, all of whom were armed ; that they immediately commenced an attack with pistols, swords, and cutlasses upon the unarmed crew and inmates of the " Caroline," under a fierce cry of ''od damn them ; give no quarters ; kill every man ; fire ! fire !" That the " Caroline " was abandoned without any resistance ; and the only effort made by either the crew or inmates seemed to be to escape slaughter ; that this deponent narrowly escaped, having received several wounds, none of which, however, were of a serious character ; that immediately after the *' Caro- line " fell into the hands of the armed force which boarded her, she was set on fire, and cast loose from the dock, and towed into the current of the river, and then abandoned, and soon after she went over Niagara Falls. K IM 34 ''h 14 That this deponent has made diligent search for the individuals, thirty* three in number, who were known to have been upon the " Caroline " at the time she was boarded, and twenty-two only have been found alive ; that one of the men on board of soid boat, Amos Durfee of Buffalo, was' found dead upon the deck, he having received a musket or pistol shot in the back part of his head, and it came out at the forehead; James H. King and Captain Charles F. Harding were seriously though not mortally wounded ; and several others received slight wounds. The ten indi- viduals, besides the said Amos Durfee, who are still missing, this deponent has no doubt were either murdered upon the said boat, or found a watery grave in the cataract of the Niagara Falls. And this deponent further says, that immediately after the said "Caroline" was towed into the current of the stream and abandoned, as before mentioned, beacon lights were discovered upon the Canada shore near Chippewa; and after sufficient time had elapsed to enable the beats to reach that shore, this deponent distinctly heard loud and vociferous cheering at that point. That this deponent has no doubt that the individuals who boarded the "Caroline" and committed the said outrage, were a part of the British forces stationed at Chippewa, Upper Canada. And this deponent further saith, that since the capture and destruction of the said steam-boat ''Caroline" he, this deponent, hath heard inquiries made for Michael O'Reily, a boy, and a Mr. Wetman, of the city of Rochester, as being missing, and another person, name not now recollected, from Williams- ville. That deponent nad a boy with him on board said boat who was usually called " Little Billy," and who had formerly been with deponent on the lake in " Constitution " steam-boat ; and that this boy was shot in the store-house door, and fell into the river ; and deponent has not been able to hear of him since that time. That he, this deponent, recognized one of the persons who made the attack on said boat at the time al)ove stated, and is positive that he was Angus Mc Leod, of Upper Canada, a subject of Her Britannic Majesty. And this deponent further saith, that wnen the said steam-boat " Caroline " left Buffalo she had not, to the knowledge and belief of this deponent, any arms or munitions of war on board of her : and that he, this deponent, did not see any arms or munitions of war of any kind taken on to Navy Island in said steam^boat " C^aroline," except one iron six-pound field-piece well mounted ; and he does not believe any others were carried in her. And this deponent also saith, that the officers, and crew, and people on board the said " Caroline," on the night of her capture and destruction, were wholly unarmed, and had no weapons of any kind, offensive or defensive ; and no defence of said " Caroline " was made or attempted when attacked by the persons who boarded her; and that before the people on board of said "Caroline" turned in to sleep a count was made, and thirty-three persons were ascer- tained to be on the said boat ; and deponent also saith, that he believes that a few persons with arms went in said boat on the day aforesaid, either to Grand or Navy Island ; but he does not know whether they intended to join the forces at Navy Island, or were going on to Grand Island, but he thinks now that the armed persons were American citisens destined to Grand Island ; and further this deponent saith not. (Signed) Oilman Applsby. Sworn this 2nd day of February, 1838, before me, (Signed) F. P. Steteni, Judge of Eric Oounty CourtM. Sub-Inclosure 2 in Inclosure 7 in No. 1. Depoiition of Metiirs. JVilliam Seaman and WUHam Kennedy. United States of America, State of New York, Erie County Sessions. JVilliam Seaman, junior, and William Kennedy, of the city of Buffalo, in the said state and county, being duly sworn, each for himself deposeth and saith, that he is an American citisen, and these deponents, m>': 35 each for himself saith, that he hath heard the affidavit of Gilman Appleby hereto annexed, read, and know the contents thereof, and that each of said deponents were on board said steam-boat " Caroline" at the time of her capture and destruction, as stated in said Appleby's affidavit, and that the statements made in the said affidavit of the capture and destruc- tion of the said " Caroline," by British forces, are true, to the knowledge of these deponents ; and the said William Kennedy, for himself saith, that he was one of the men on watch in said " Caroline," and was at the time on the forward part of the said boat, but did not hail said boats, but a man standing near deponent who did not belong to said " Caroline" did hail said iKNits, saying " Who comes there," twice; and the second time of hailing, the answer from some the armed boats was '' friends,'' in a low tone of voice ; at this time deponent was standing on a box, and as he jum|)ed down he partly fell, and as he jumped down a shot was fired from one of said armcci boats. Deponent gave the alarm to the inmates of the "Caroline," saying, "There are four or five boats," come on deck ; and deponent went off to see who the men were, not expecting at the moment a hostile or murderous attack, but before this deponent had reached the alter gangway, the "Caroline" was boarded, and an attack was made on the persons on board said " Caroline" by the discharge of pistols and the use of swords. That deponent finallv succeeded after considerable diffi- culty in getting on shore from said " Caroline" at the forward gangway, and in ^Missing towards the after part of said " Caroline" along the dock, deponent saw a man jump from the said " Caroline" at the after gang- way, and near to where deponent stood, and as this man jumped on the dock, deponent heard the report of a musket or pistol, and the man fell face downwards and sprung up immediately, and taking three or four stops jum|)ed into the river, and deponent heard the splash made by the fall into the water, and saw the said man in the river. Deponent does not know the name of this man, the man appeared to be slim, dressed in dark coloured clothes, and after the " Caroline" was taken from the dock or wharf, deponent took a lantern and went down to the dock to look for the man, but did not find him or any other person about the dock ; and depo- nent that night conversed with all the persons he saw who were in the " Caroline," and that they all denied having seen him in the water at that {(lace, and that the other man on watch with de{)onent when the " Caro- ine" was boarded was not killed ; his name is Steward, and deponent has seen him in Buffalo several times since, and within a few clays ; and deponent also saith, that the man who hailed said armed boats, who has usually been called " Dutch Peter," and is the only name he knows him by, was not killed or wounded ; and further these deponents say not. (Signed) William Seaman, junior. William Kennedy. Sworn this 2d day of February, 1838, before me, by William Seaman, junior. (Signed) F. P. Stevens, Judge of Erie County Courts. Sworn before me this 3rd day of February, 1838, by William Kennedy. (Signed) James Strtker, Firtt Judge of Erie County. f t Sub-Inclosure 3 in Inclosure 7 in No. 1. DeposiUonqf William fVelh. United States of America, State of New York, Erie County Sessions. William Well*, of the city of Buffalo, in the said county and state, being duly sworn, deposeth and saith, that he is an American citizen, and that on the 29th day of December last past, he was the true and only legal owner of the steam-boat " Caroline," and at the time of the defitruc- 'iif. i 36 ^i"' tion of the said "Caroline" he was such owner, and for some time previously had been, although there had been an understanding between deponent and one Hamlet Scrantoun, that when he the said iscrantoun should pay to this deponent the one-half of the purchase money and amount expended, he was to be equally interested with deponent in said boat ; and that when deponent fitted up said boat, he intended to run her from Black Rock Dam to Schlosser, once a day, and also intended to run her to Navy Island, and touch at Grand Island and Tonawanda, should he find it necessary and profitable to do so. That this project was set on foot with a view of making money, as he supposed he had a legal right to do it, running the risk of seizure by the British Authorities in Upper Canada, and not evading or transgressing the laws of the United States. And this deponent further saith, without any reservation whatever, that no person on Navy Island, or elsewhere, connected with the persons or people on that Island, or any other person whatever, had any control over the said steam-boat, and that he, this deponent, was not in any manner whatever under any control or obligation to use or run on any particular business, or to do any particular service. That when said bloat left the port of Buffalo, she proceeded to Schlosser, touching at Black Rock, Tonawanda, and Navy Island, at which latter place, several passengers and some freight were landed ; and this deponent now believes but one of the passengers had any arms, and he had a rifle, which rifle was used on the passage down in shooting ducks. That said steam-boat made two trips from Schlosser to Navy Island, on the said 29th day of December last past, conveying passengers and freight, many of the passengers were citizens of Buffalo, with whom this deponent was well acquainted, and that at no time were any arms and munitions of war carried to Navy Island in said steam-boat, except one mounted field-piece, which deponent supposed belonged to a person who was a passenger in the said steam- boat from Schlosser to the Island. That when said steam-boat returned to Schlosser about six o'clock in the evening, deponent intended to have had the boat come up to Black Rock D- m, but in consequence of some derangement in the machinery connected with the engine. Captain Appleby directed the steam to be blown off, in order to repair the machinery. That the officers and crew of the said boat were unarmed, and there were no arms in the boat at the time she lay for the night at Schlosser. That he hath heard the affidavit of Gilman Appleby, giving a description of the capture and destruction of the said steam-boat read, and the facts therein stated are true o" this deponent's knowledge, except that this deponent has not any knowledge of the shooting of the boy called " Little Billy," and he has not any particular knowledge of any of the personal acts of the said Appleby, as deponent was unable to get on deck until .most of the persons in the boat who landed on making their escape had effected it. And this deponent further saith, that when he got on shore from the said steam-boat, fie passed a man lying on the dock ten or twelve feet from the said boai, and about seven feet from the lower end of the dock, apparently dead, as he did not move or stir, and Amos Durfee was found clead at a different place and in a different position. And deponent further saith, that he cannot give any information as to the persons who were killed and missing from the said boat on the night above-mentioned, except as abov.j stated, as all the persons who came on board the said boat at Schlosser, to sleep, were strangers to the deponent, and collected from different parts of the county, and he has heard but few inquiries made after individuals. That James H. King was very badly wounded in the attack made on said boat by the British forces. Captiiin Ciiarles F. Harding received a bad cut over his left eye ; a coloured man, whose name deponent does not know, was stabbed m the hip, a pretty bad wound ; Sylvanus Staring received a blow on the head, not a l)ad wound. And this deponent further saith, that he was informed and believes that Allan N. McNab, who is reputed to have been the commandant of the British ibrces at Chippewa, ordered the expedition to capture the " Caroline," but has no knowledge of the names of the indivi- duals who composed the expedition, or conducted it. That deponent consi- ders the said boat with her engine and boiler, was fully worth the sum of 4000 h 87 and 500 dollars, and the furniture and clothing in the boat which was destroyed, belonging to deponent was worth the sum of 100 dollars. That deponent has no )ubt Captain Gilman Appleby furnished the boat with sea stores and prov isions, and he saw portions of all the articles mentioned in the bill hereto annexed, made out by Otis Allen, on board of said ateam« boat on the 29th day of December last past, and of the articles mentioned in the furniture and faiedding taken from the steam-boat "Constitution;" this deponent saw most of them on board of the steam-boat "Caroline" on the day aforesaid, and has no doubt the provisions, furniture, and bedding were in the said "Caroline" when she was captured, as none of them were, to this deponent's knowledge, removed from said last-mentioned boat. And this deponent further saith, that the aid and assistance he received from Captam Gilman Appleby and Harrison Chase in fitting out said steam-boat and getting her in order and furnished to run, entirely from personal friendship of those gentlemen towards this deponent, as he, this deponent, believes. And this deponent further saith, that he recollects seeing a small boy on board said steam-boat, and has no doubt he is the same person spoken of by Captain Gilman Appleby in his affidavit, and he saw him assisting the cook in said " Carohne.' And this deponent further saith, that he was in the lower cabin of said boat when she was boarded, and attempted to get out through the engine-room, and was pre- vented by the armed men who had possession of the passage leading out of the lower part of the boat on to the deck at that place ; that deponent then went forward, alongside of the boiler, until he could see out of the forward hatchway, and one of the armed men jumped down into the fire- room in front of deponent, and some one cried out " Fire up," when this man immediately commenced hauling the fire into the forward part of the fur- nace ; deponent then went back, and attempted to get out of the lower part of the boat through the engine-room, but was prevented as before; and deponent then went forward again, and being in the dark, the armed man before mentioned hauled out and took hold of Amos Durfee, and said, " Who in hell are you?" and Durfee replied, he belonged to the boat, and followed the man on deck, making no resistance Mmatever; and after Durfee and the said armed man had got on deck, he, deponent, heard a scuffling, but did not see said Durfee again until the next morning, lying dead upon the dock, about twenty feet from the edge of the dock or wharf next to the river, where said steam-boat lay ; and that this deponent finally effected his escape from said " Caroline " with great difficulty and risk ; and deponent believes that, when he left the boat, there were several persons who were American citizens in the lower part of the boat, who appeared to be endeavouring to secrete themsekes from the party assail- ing the people on board said boat ; and further deponent saith not. (Signed) William Wells. Sworn and subscribed this 1st day of February, a.d. 1838, before me, (Signed) F. P. Stevens, Judge of Erie County Courts. Sub-Inclosure 4 in Inclosure 7 in No. 1. Deposition of Charles F. Harding. United States of America, State of New York, Erie County Sessions. Charles F. Harding, of the city of Buffalo, and county and state jiforesaid, being duly sworn, maketh oath and saith, he is an American citizen, and has for the year past been employed in navigating the upper lakes, a master of a brig, and is well acquamted with vessels, and in navi- gating the lakes and other waters, and tneir small boats ; that he was on Doarathe steam-boat " Caroline " at the time of her capture and destruc- tion, on the nigiit of the 29th day of December last past, and that a small bv^t, called a jolly-boat, which belonged to the stean\-boat "Constitution," was at Schlosser in the afternoon of the dr.y aforesaid, and at night when the It i.-. * s a«»- I 'u 38 said steam-boat *' Caroline'' came to at the wharf at Schlosser, and said jolly-boat was made fast to the dock at Schlosscr, or to said steam-boat " Caroline," and that said boat was not at the dock or at Schlosser the day after the *• Caroline " was destroyed ; and that the said iolly-boat, exclusive.of the oars and rigging, was worth the sum of 120 dollars in the opinion of this deponent ; and this deponent further saith, that he hath heard the. affidavit of Gilman Appleby, hereto annexed, read, and knows the contents thereof, and was on board of the said steam-boat '* Caroline " from the time ahe left the harbour of Buffalo Creek, until she was captured and destroyed on the night of the 29th day of December last past, and that all the matters of fact stated by the said Gilman Appleby in the said affidavit annexed, occurred as stated therein to the knowledge of this deponent, and they are true, except that this deponent did not see the boy called "Little Billy " shot, as stated in said Appleby's affidavit. And deponent further saith, he saw said boy on board said boat at the. time above men- tioned, and has not seen or heard of .the said boy since the destruction of the ^ Caroline." That he, this deponent, was attacked while on board the *' Caroline" by a man armed with a cutlass and pair of pistols, and depo- nent defended himself against him as well as he could with a short billet; of wood, and afterwards the same roan returned after retreating towards the stem of the boat, and struck deponent a blow on the head with a cutlass, which wounded defendant pretty severely. And deponent further saith, that he saw a man laying dead upon the deck in the forward part of the boat, who this deponent Supposes was shot or received his death- blow in the after part of tne said steam-boat, as she was boarded from the boats on the quarter and after gangway. That there was a person on board of the " Caroline," on the nignt aforesaid, who, this deponent is informed, was taken and carried into Canada, and detained fQr a while in the guard-house at Chippewa, and who this deponent thinks was a spy, and was sent over to ccme on board the " Caroline," and pretending to seek a night's lodging in the boat ; and further saith. not. (Signed) C, F. Hardino. Sworn this 1st day of February, 1838, before me. (Signed) F. P. Stevpns, u.., . . . Judge of Erie County Courts.' 1 1 Y :;,-! Sub-Inclosure 5 in Inclosure 7 in No. 1. Deposition of James H. King. United States of America, State of New York, Erie County Sessions. James H. King, of the city of Buffalo, and State and County aforesaid, being duly sworn, deposeth aiid saith, he is an American citizen, and was on bloard the steam-boat *' Caroline" on the 29th day of December last past, and at the time of her destruction as mate, or second in comniand under Captain Gilman Appleby. That deponent was employed by William Wells, the owner of^ said boat, who expressed his intention at the time of running the boat between Black Rock Dam and Schlosser, to carry freight and passengers, and said he thought the business would be such as would enable him to pay deponent forty dollars per month. That he. this deponent, follows the business of navigation in the season of it, on the lakes and rivers. That he, this deponent, further saith, he has heard the affidavit of Gilman Appleby read, and concurs in the statement of facts therein made so far as regards what took place on board of the " Caroline" during the day of the 29th day of December aforesaid, and the capture and destruction of the said boat on the night of said day ; but deponent did not see the said Appleby during the affray, and does not know what took place in the part of said boat where said Appleby was, and did not see the boy called *• Little Billy," shot. That oeponent that nig;ht went to bed in the deck cabin, where there were five persons besides this deponent, and at the time the attack wa« made »:. 39 by the British armed forces, the five persons who were in said cabin, deponent believes escaped to the shore unharmed. That when the first alarm was given, deponent supposes he did not fully awake out of his sleep, and when deponent finally awoke, he pulled on his boots and put on his hat and started for the shore ; and when deponent got ouf of the cabin on to the deck, he was met by six or eight men armed. with pistols and swords, who shoved deponent into the cabin against the back part of it, where they compelled this deponent to lay down in the cabin, and after striking deponent several blows with swords or cutlasses, and wounding deponent very severely, they asked deponent, calling him a damned Yankee curse, who and' how many persons were aboard of the boat, and what they were about there, and deponent could not get any opportunity of giving an answer to the questions which were asked ; that while this deponent lay wounded and bleeding in said cabin on the mattresses spread out there, one of these armed men called out to deponent, saying, " Roll over, you damned Yankee son of a bitch, roll over, and give us these mattresses, they will do for me to sleep on ;" and that five or six of the mattresses were handed out of the cabin window, which had been broken in, and all the bedding in that cabin was also taken out. That a short time before the boat ^ft the wharf or dock, and after, as deponent sup- poses, most if not all the surviving American citizens had left the boat, a mtm came into the cabin where deponent was, who depo'.ient believes was one of the officers, and another of the boarders said, " Is it best to take this fellowa prisoner "; others said "No, let us kill him," but the officer said, " We don't want prisoners, we had better let him go onshore ;" deponent then gdt up and followed the officer out of the cabin door, and then he stopped, when deponent spoke to him ; said, he, deponenc, could not get off unless he passed deponent off the lx)at, and this officer sent a man to pass deponent off the tx>at ; as deponent left the boat some one said, *< There is a good mark to fire at," and immediately a pistol was di'icharged ; but deponent was not hit; that the officer above mentioned kept his back towards^ deponent, and he could not recognize said officer. After leaving the boat, deponent attempted to make his way up to the tavern, about twenty rods from the dock, but he .was so faint and weak from loss of klodd, that he could not get there without being assisted ; that deponent received a severe sabre cat across the ?eft shoulder blade and joint, about four inches long, cut into the bone ; another severe sabre cut in the fleshy part of the left arm below the elbow ; and deponent received a blow on (he head, which did not, however, do any harm, other than cut through the hat ; defbonent was also kicked and stamped upon by the men who came into said boat and captured her; that the boat was set on fire in the tabin where deponent was before he was permitted to leave the float ; that the people who boarded and destroyed said boat came from the C^anada snore and returned there, as deponent believes, in boats. And deponent also saith, that he has been unable to do any business since he was wounded, in consequence of those wounds, and does not expect to be able to do any business for some time to come in consequence thereof ; and he is apprehensive his l^t arm may be always lame and not so strong to usual ; that he has been put to a very considerable expense in being cured of the ™tMind8'he:received in said steam-boat at the time aforesaid ; that deponent has now been disabled of his wounds upwards of four weeks, and that the expenses attending deponent's sickness and lameness, including doctor's bill, will amount to the sum of 118 dollars up to this time, : >:clusive of deponent's loss of time, and that deponent when em- ployed in his profession has usually received the sum of 35 dollars per month ; that he, this deponent, recollects seeing tiic little cabin hoy ■poken of by Giiman Appleby in his affidavit, on boanl of the steam- boat " Caroline," when the said boat went down the river on the said 99th day of December last past, and has not heard of or seen him Rince ; and this deponent aho saith, that he has no knowledge or information that the said steam-boat " Caroline" was under the pay of the people on Navy Island, or any person connected with them ; and he does not believe that any person had any control of the boat except the owner, William 40 Wells, except in the sailing and managing the boat she would be under the command of the captain or officer who might be put in charge for that purpose ; and further this deponent saith not. (Signed) James H. Kino. Sworn and subscribed this 1st day of February, a.o. 1838, before me, (Signed) F. P. Stevens, Judge of Erie County Court$. &: p. in I. h-r ■Ty, Sub>Inclosure 6 in Inclosure 7 in No. 1. Deposition of John C, Haggerty. United States of America, State of New York, Erie County Sessions. John C. Haggertv, of the city of Buffalo, state and county aforesaid, being duly sworn, maketh oath and saith, that he is an American citizen, and was in the steam-boat " Caroline" on the 29th day of December laiit past, having gone on board said boat at Black Rock Dam, and was also on board of said steam-boat on the night of the said 29th day of Decern- ber last past ; and he hath heard the affidavit of Gilman Appleby read, and knows the contents thereof; and that the said affidavit is true to the knowledge of this deponent, wherein the same dp^cribes the capture and destruction of the said boat by the British forces from Upper Canada, and also in other respects, except that^deponent did not see the said Appleby on board the said steam-boat during the affray, and deponent did not see the boy, called " Little Billy," shot. And deponent further saith, that he turned in to sleep that night in the upper cabin, and when the alarm was first given, that boat-loads of armed men were coming towards the " Caroline," deponent got up and went out on deck, in the after part of the boat, and proceeded to the starboard side of the said boat, and then he saw five boats approaching, one of which he saw was filled with armed men, and the others he has no doubt were also filled with armed men, but they were so far off that he, this deponent, could not tell with certainty whether the said four boats had armed wien in them or not ; that the boat which was nearest, and armed, soon came alongside of the steam-boat, at the after gangway, on the starboard side, and deponent stepped up to the railing on that side of the boat, and some men who were in the " Caroline" followed dcjponent ; and while deponent was standing at the side of the boat as aforesaid, three discharges of pistols were made from the approaching boat, and a man, whose name deponent canoot tell, as he was a stranger to this deponent, was shot dead, and he fell on the deck ; and deponent stepped over him to go to the gangway on larboard side of the boat, and^ not being able to get away from the boat at that place, hr. returned, and passed this same dead man, in going to the forwara part of the boat to get ashore. And this deponent further saith, that he went into said steam-boat to go down the river, as a matter of curiosity, having no connexion with any of the hostile parties at Navy Island, or on the main Canada shore, and paid his own expenses ; that he saw the jolly-boat which belonged to the steam-boat " Constitution" made fast to the dock at Schlosser, and after the attack was made, this boat was adrift from the wharf, about twenty feet astern of the steam-boat, with two men in her, and she afterwarcu came br.ck to the dock, and the men got out of her ; and deponf>nt a little while afterwards saw the said jolly-boat drift ashore on to the American sidp, between twenty and thirty rods below the dock at Schlosser ; and w^ile the said jo>ly-boat lay at the place above stated, deponent saw two oi' the British boats approach the said jolly-boat, and two men from the said boats got into her, and this was the last he saw of '^I'e said jolly-boat ; and further this deponent saith not. Sworn this 2nd day of February, 1838, before me, (Signed) (Signed) John C. Haqgertt. F. P. Stbvens, Judge of Erie County Courtt. y 41 Sulnlnclosure 7 in Inclosure 7 in No. 1. De^ontxm of John C. Haggerty. John C. Haggertjf, of Buffalo, had destroyed in the steam-boat "Caroline," December 29, 1837,— Dol. One round-abo- *- sailor coat, destroyed on board the steam-boat *' Caroline," at Schlosser - 10 One pair of Wellington calf-skin boots, at same time, on board the " Caroline" - - 6 same Two pocket handkerchiefs, destroyed at J time, on board the " Caroline" Cti. 00 00 00 18 00 United States of America, State of New York, Erie County Sessions. John C. Haggarty, of Buffalo, in said State and County, being duly sworn, deposeth and saith, that at the time of the capture and destruc- tion of the steam-boat " Caroline," this deponent had on board said boat the above articles of property* and the same were then and there destroyed and entirely lost to this deponent, and that this deponent hath not recovered or seen the said property since ; and that saia articles of pro- perty were severally fully and justly worth the sums above carried out opposite said articles, and amount in the whole to eighteen dollars ; and further this deponent saith not. (Signed) John C. Hagqerty. Sworn this 2nd day of February, 183S, before me, (Signed) F. P. Stxtens, Judge of Erie County Courts. Sub-Inclosure 8 in Inclosure 7 in No. 1. Deposition of O. J. Storer. Steam-boat " Caroline," December 28, 1837. Captain Appleby, To Otis Allen, Dr. *. d Dol. Cto. 501bs. B. Sug-ar . 1 6 25 201bs. Groun. I Coffee - - 2 5 00 lOlbs. G. H. Tea - 6 7 50 141bs. L. Sugar - 1 6 2 63 lib. Pq>per 2 box Salt • - 2 25 - 1 3 31 ISOlbs. Pork - - 1 18 00 ISOlbs. Com Beef - 6 9 00 SOlbs. Butter - 1 8 6 00 2 Pails - 6 1 50 lOlbs. Candles, Tallow - - 1 8 2 00 61bs. Sperm v andles - 3 6 2 63 8 bushels Potatoes - - 3 b 3 50 5 gall. Oil - 1 Demijohn • - 12 * 7 50 - 12 Ddlars , jt,. 1 50 tT" ~57 M ' ■•is 42 Brought over SO^lbs. Cheese i bushel Crackers 251bs. Mackerel SOlbs. Cod Fish - 1 dollars 3 25 . 8 • 6 Received payment of the above January 14, 1838. (Signed) Dol. Cti. • 73 67 • 3 81 • 3 25 • 2 00 • 1 88 84 51 Otis Allkn. By G. J. STOtit ''i United States of America, State of New York, Erie County Sessions. George J. Storer, of the city of Buflalo, County and State aforesaid, being duly sworn, maketh oath and saith, that he is an American citizen, and was, in the month of December last past, and now is, a clerk in the store of Otis Allen, of Buiialo ; that he, this deponent, made out the bill, which is hereunto annexed, of sea stores sold and delivered to Captain Gilman Appleby ; and that deponent delivered about half the goods men- tioned in said bill by the direction of Harrison Chase, on said Appleby's account ; and that one William Tingley delivered the remainder, who was also a clerk in said Allen's store at the time ; and that said goods are charged in said bill at the usual and ordinaii'v price of selling goods at the said store to other people ; and further this deponent saith not. (Signed) G. J. Storei. Sworn this 2nd day of February, 1838, before me, (Signed) F. P. Stevens, Judge of Erie County Courts. 'u-r .'•. I- «.:■■ Sub-Inclosure 9 in Inclosure 7 in No. 1. „, "J - Deposition of William J. Bush. United States of America, State of New York, Erie County Sessions. William J. Bush, of the town of Tonawanda, in the County and State aforesaid, being duly sworn, maketh oath and saith, that he is an Ame- rican citizen, and that on the 3rd day of January last past, he, this deponent, was riding on horselmck on the western side of Grand Island, and within the territory and jurisdiction of the United States ; he, this deponent, was fired at by a large party of armed men on the Canada main shore of the Niagara River, but was not hit ; and deponent supposing it would be prudent for him to get entirely out of the reach of any shot from that shore, turned his horse to go back from the shore, when the men on the Canada side set up a loud shout. That deponent was wholly unarmed, and the place where deponent was fired at was about four miles above Navy Island, and a little more than that distance from the lower part of Grand Island ; and further this deponent saith not. (Signedy W. J. Bush. Sworn and subscribed this 3rd day of February, 1838, before me, (Signed) P. P. Stevens, Judge of Erie County Oourtt. 43 Sub-Inclo8ure 10 in Inclosure 7 in No. 1. Deposition of Harrison Chase. Buffalo, January 19, 1838. INVENTORY of Goods burnt and destroyed oi; board of the slsam- boat "Caroline:"- Dol. Cts. Dol. Cu. To 8 hair ni&\.»r«sses 10 SO 84 00 3 straw ditto 4 00 12 00 2 dozen blankets 2 00 48 00 1 dozen towels 3s. 3 50 8 hair pillows - 2 00 16 00 12 dining plates (china) - 4 50 doz. 4 50 6 small ditto ditto - 1« 6d. 1 13 2 large meat platters, ditto 3 00 6 00 1 dozen knives and forks, i vory handles 6 00 6 00 1 carver and fork, ditto - 3 00 3 00 1 large cofiee-pot 8s. 1 00 3 globe lanterns 18«. 6 75 1 dozen teas (china) 4 50 4 50 2 large pitchers - lOs. 2 50 1 boat, oars, rigging, &c. Dollars 182 00 380 88 Deduct last item 182 00 Dollars 198 -88 United States of America, State of New York, Erie County Sessions. Harrison Chase, of the City of Buffalo, in the State and County aforesaid, being duly sworn, dcposcth and saith, that he is an American citizen, and was last summer and fall, during the season of navigation, employed on board of the steam-boat "Constitition," which navigated Lake Erie, as a steward ; that on the 28ti) day of December last past, he, this deponent, by the directions of Captain Oilman Appleby, who had charge of the said steam-boat " Constitution," took all the above-men- tioned articles of property, except the small boat, oars, and rigging, from the said steam-boat '* Constitution," and put the same on board of the steam-boat " Caroline ;" both of said boats then laying in the harbour of Buffalo Creek ; and that all the said articles of property were justly and fairly worth the several sums carried out and set opposite thereto, and amounting, exclusive of the said small boat, to the sum of 198 dollars and 88 cents, which this deponent believes to be the just and fair value of the same ; and this deponent further saith, that by the directions of the said Captain Gilman Applaby, he, this deponent, ordered a quantity of pro- visions and ship-stores to be sent on board the steam-boat "Caroline," from the grocery-store of Otis Allen ; and that he, this deponent, saw the principal part of the goody mentioned in the bill of Otis Allen which is nereto annexed, delivered on board of the said steam-boat the 28th day of December last past ; and further saith not. (Signed) Sworn and subscribed before me, this 6th day o! February, 1838. (Signed) Fredeiuc P. Stevens, Judge of Ertt County Courts. Caroline," on H. Chase. n I* 44 Sub-Inclosure 11 in Inclosure 7 in No. 1. // Statement of Claims for Lotaea auatained in consequence of the Captur and Destruction of the Steam-boat "Caroline" at Schlosser, on said, and Atahel Barber, of the town of Buffalo, also in the County and State aforesaid, being duly sworn, each for themsslves, depose and say, that they severuily took passage in the Bteam>boat "Caroline'' from Schlosser, the lost trip she made to Navy Island, on the afternoon of the 29th day of December last past, with the intention of going on to Grand Island, and they did go on to Grand Island that same afternoon or even- ing ; and that they, ooth of these deponents, remained in Grand Island during the night of the said 29th day of December lost past ; and that they each of them are American citizens ; and that the said Barber had a sword with him, and the said Porter had no arms whatever ; and that the reason why these deponents went to Grand Island was, that a report had been in ciculation that the Canadian Indians had come on to Grand Island, and deponents were sent over by Messrs. Dorsheimer and Green, U .'ied States' Deputy Marshall, to have the truth of the said report ; and that they, these deponents, did not observe any of the passengers in said boat had any small arms with them, except the said Barber, in the passage and trip aforesaid ; and further these deponents say not. (Signed) Asahel Barbbr. Aaron L. Portbi. Sworn this 31st day of January, 1838, before me. (Signed) F. P. Stkvenb, Judge ((f Erie County Courts. 47 Inclosure 11 in No. 1. Deporition qf Edward Norton. United States of America, State of New York, Rrie County Seisions. Edward Norton, of the city of Buflalo, in said State and County, and a counsellor at law, being duly sworn, makcth oath and saith, that ho is an American citizen, and well acquainted with Mr. William Wells, also of the said City and State, and, as deponent is informed and believes, was the reporteat "Caroline" at the lime of her cap- ture and destruction ; that he, this deponent, saw the said Wells on a passage from Navy Island to Schlosser in the said steam-boat the after- noon of the 29th day of December last past, and had a convcruation with the said Wells in reference to the employment of the said boat, and the com- nensation he was to receive ; and the said Wells said he expected to charge freight for the services of the boat while used in passing to and from Navy Island ; and remarked further, that he would lay up the steam-boat that night at the Black Rock Dam ; and deponent further saith, that he saw a flag hoist«d on said steam-boat, which was a United States' flag, and that he did not see any other flag on board said steam-boat ; and mrther this deponent saith not. (Signed) Edwahd Norton. Sworn before me this 1st day of February, a.d. 1838. (Signed) F. P. Stevins, .1 , 1 .,. ,. ., ... . Judge of Erie County Courts, " V- ■ • i: •' Inclosure 12 in No. 1. • '■ ' Deposition of Thomas R. Stocking. United States of America, State of New York, Erie County Sessions. Thomas R. Stocking, of the city of Buflalo, in s(iid State and County, merchant, Ix^ing duly sworn, maketh oath and saith, that he is an American citizen, and is well acquainted with William Wells, of the city of Buflalo, and the reputed owner of the steam-boat " Caroline ; and that he, this deponent, had a conversation with said Wells about using the steam-boat "Caroline" in running from Black Rock Dam to Schlosser, and that saijd Wells then said his object was to make money in running the boat from the Dam to Schlosser, in opposition to the railroad; that he, the said Wells, intended to do a legal businesii ; that he did not care anything about either party, meaning the Navy Islanders and Loyalists, and that this conversation took place from two to four days previous to the boat leaving the port of Buflalo ; and this deponent further saith, that after the boat was destroyed, he heard the said Wells remark, that if he had been let alone, and his boat not destroyed, he should have had all the people ofi* of Navy Islaiid in three days ; and further saith not. (Signed) T. R. Stocking. Sworn and subscribed before me, this 1st day of February, a.d. 1838. (Signed) F. P. Stevens, Judge of Erie County Courts. 48 ';;(.: IncloBure 13 in No. 1. Deposition of James Wilson. James Wilson, of Buffalo, and county of Erie, engineer on board the steam-boat "Caroline" at the time of her capture and destruction at Schlosser, had on board said boat at the time, and lost — One leather trunk, worth One over-coat. One dress coat of black broad cloth Four cotton shirts Three flannel shirts One pair of flannel drawers Two pair of pantaloons Three pair or woollen socks Dol. Cu. 5 00 7 00 18 00 5 00 4 00 1 50 7 00 1 124 48 62i United States of America, State of New York, Erie County Sessions. A. .... J S " James Wilson, of the city of Buflalo, in said State and County, a 'tix :• - coloured man, being duly sworn, deposeth and saith, that he is a free citizen of the said United States of America ; and that on the 29th day of December last past, he was employed as an engineer on board of the steam-boat '* Caroline," of and from Buffalo aforesaid ; that on the morn- ing of the day above-mentioned the said steam-boat left the port of Buflalo, and proceeded to a place called Navy Island, and proceeded from thence to Schlosser, in the United States of America, and from Schlosser made two trips to Navy Island on the day aforesaid ; and that all the arms and munitions of war which this deponent had any knowledge of being taken on to Navy Island on the day aforesaid, in the said steam-boat " Caroline," was one small field-piece ; and that said boat was destroyed on the 29th day of December last past, by a band of armed men ; and that deponent had on board of said boat at the time she was destn^yed the articles of property above mentioned, which were lost and destroyed, and he has never been able to recover the same, or find out where they are if not destroyed with said boat ; and he, this deponent, has no doubt, and is fully satisfied, that the property above mentioned, lost and destroyed in said boat at the time of her capture and destruction, belonging to depo- nent, was justly and fairly wortn the sums above mentioned, amounting In the aggregate to the sum of forty-eight dollars and sixty-two and a half cents ; and further saith not. hii (Signed) James X Wilson. mark. Sworn this 29th day of January, 1838, before me. (Signed) F. P. Stbvkns, Judge of Eriiy County Courts. Inclosure 14 in No. 1. Deposition of William Hinton. William Hinton, of the city of Buflalo, ^nd who was cook on board the steam-boat " Caroline " at the time of her destruction at Schlosser, had on board said boat, and lost — 49 One over coat, green blanket, worth One striped vest ... One cotton striped shirt One pair blue broad-cloth pantaloons - One cotton pocket handkerchief - One Tatpalon hat One pair of slippers Total 1000 dollars. 100 100 200 •25 100 •50 15-75 dollars. a' e )f le I- >, « le id in » th at of i&s ot 18 in i a IM. United States of America, State of New York, Erie County Sessions. ^ William Hinton, of the city of Buffalo, in the county and state afore- said, a coIoure^ Hinton. mark. Sworn this 29th day of January, 1838, before me, (Signed) F. P. Stevens, Judge of Erie County Courts. Inclosure 15 in No. 1. Deposition of John Johnson. John Johnson, of the city of Buffalo, and who was fireman on board of the steam-boat " Caroline " at the time of her destruction at Schlosser in December last, had on board of said boat, and lost — One over coat, pilot cloth, worth One vest . . . - One coat .... One pair boots ... One pair pantaloons ... Total 5*00 dollars. 200 300 300 3-50 16 50 dollars. ird er. United States of America, State of New York, Erie County Sessions. JoAn Johnson, of the city of Buffalo, in the state and county aforesaid, a coloured man, being duly sworn, maketh oath and saith, that he is a free citiacn of the United States of America, and was, on the 29th day of December last past, employed on board the steam-boat " Caroline," of and from the port of Buffalo, as a fireman, and that he took with him on board of said boat the several articles of clothing and property above mentioned. an4 that each and every of the said articles of property above mentionea O 60 were severally justly and fully worth the several sums of money above mentioned, and amounting in the whole to the sum of 16 dollars and 50 cents ; and that at the time the said boat was captured and destroyed in the manner stated in the annexed affidavit of James Wilson, the above- mentioned property was ii> SMd steam-boat, and was left in said boat by this deponent vhen he went off of said steam-boat, and the same was destroyed and lost to this deponent, and he has not re-possessed himself of the same, and he does not Know where it is, but has no doubt the some has been burnt up and destroyed in the said steam-boat ; and that he, this deponent, did not see any arms or munitions of war of any descripticm whatever carried on to Navy Island in said steam-boat, except one small field-piece, callet* a six-pounder ; and further this deponent saith not. Hi* (Signed) John M Johnson. BWA. Sworn this 29th day of January, 1838, before me, (Signed) F. P. Stevens, Judge of Erie CoutUy Courts. Inclosure 16 in No. 1. DtepotUion of Pierre A. Barker. United States of America, State of New York, Erie County Sessions. Pierre A. Barker, of the city of Bui&lo, ia the sta'? and. ounty aforesaid, being duly sworn, maketh oath and saith, that he was on the 1st day of December last past, and still is, the Collector of the Custonn and Inspector of the Revenue for the district of Buffalo Creek in the State of New York, and that he knew the steam-boat " Caroline " before her capture and destruction, and thit the annexed papers, being a Licence and Enrollment of the said traat, were mode out the day they bear date, but the same were not actually taken from the Custom House by Mr. William Wells, of the city of Buffalo, to whom they belong, until about the 29th day of December last past, as this deponent believes ; and that he has no knowledge of any transfer of said boat having been made at any timf by said William Wells to any person whomsoever, from the date of sai'i papers to the time of her re|iorted destruction at Schlosser on the night of^ the 29th day of Decemlwr last pas* ; and that James W. Brown, whose signature is written to the annexed papers above mentioned, was, at the time they bear date, a deputy of this deponent, in the office of Col- lector aforesaid ; and further this deponent saith not. (Signed) Piebrb A. Barkbr. Subscribed and sworn before me this 1st day of February, 1838, (Signed) F. P. Stevens, Judge of Erie Comtty Cowrie. .l'i\-' Sub-Inclosure 1 in Inclosure 16 in No. 1. ENROLLMENT. ■ I No. 49. — (Forty-nine.) IN conformity to an Act of the Congress of the United States of America, entitled, " An Act for Enrolling and Licensing Ships and Vessels, &c.," passed the 18tli February, 1793, and " An Act to Regulate the Foreign and Coasting Trade on the Northern, North-Eastern, and North-Western Frontiers of the United States, and for other purposes," passed 2nd March, 1831, William Wells, of Buffalo, New York, naving taken or subscribed the oath required by said Acts, and having sworn $1 that he is a citizen of the United States, sole owner of the steam-boat or vessel called the "Caroline" of Buffalo, whereof he is at present master : and, as ho hath sworn, is a citizen of the United States, and thai the said ship or vessel was built at Ogsdenburgh, New York, in the year 1824, as appears by her Enrollment, dated at the Port of Buffalo, New York, June 27, 1837, and numbered thirty-four (34). And the said Enrollment havijig certified tliat the said steam-boat or vessel has one deck and ito masts, and that — Her length is seventy-one feet - - - 71 Her breadth is twenty feet and six inches - 20 6 Her depth is five feet and six inches - -56 and that she measures fortj^-five tons and ninety ninety-fifths ; that she is a steam-boat, has no galleries and a figure-head. And the said William Wells having agreed to the description and admeasurement above speci' fied, and sufficient security having been given in conformity with the terms of said Acts, the said steam-roat has oeen duly enrolled at the Port 9f Buffalo Creek. (L.S.) Given under my hand and seal of office at the Port of Buffalo Creek in the aaia district, this Ist day of December^ 1837. (Signed) James W. Brown, Deptity CoUector. Sub-Inclosure U. in Inclosure 16 in No. 1. LICENCE.— No. 58. (Fifty-eight.) District of Buffalo Creek, Port of Buffalo Creek. IN pursuance of an Act of Congress of the United States of America entitled, •' An Act for enrolling and licensing ships or vessels, &c," passed the 18th February, 1793; and "An Act to regulate the Foreign and Coasting Trade on the northern, north-eastern, and north-western fron- tiers of the United States, and for other purposes," passed the 2nd of March, 1831. William Wells having given bond that the steam-boat, called the ** Caroline," whereof the said William Wells is master, burden ibrty-five and ninety ninety-fifths tons, as appears by her enrolment, dated at the Port of Buffalo, New York, December 1, 1837, and No. (49,) forty-nine, shall not be employed in any trade while this licence shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn that this licence shall not be used for any other vessel, licence is hereby granted for the said steam-boat " Carolii. i" of Buffalo, to be employed in conformity with the terms of said Acts, for one year from the date hereof and no longer. (L.S.) Given under my hand and seal of office at the Port of BdfTalo Creek, in the said district, this Ist day of December, 1837. ' ' ' ' (Signed) Jambs W. Brown, Deputy Collector. Inclosure 17 in No. 1. t^* Depositions of William Taylor and Elisha Lee. United States of America, State of New York, Erie County Sessions. William F. P. Taylor, of the city of Buffalo, State and County afore- said, and Elisha Lee, of the same place, being duly sworn, each for him- self saith, and the said William F. P. Taylor saith, that he is an American citizen, and has been engaged in the forwarding business on Lake Erie and the Upper Lake for fifteen years past, and is well acquainted with 8team*boats on the said lakes ; their mode of construction and capacity for doing business, and has known the stt-am^boat "Caroline" seTeraJ years, and has understood she was originally built of live oak, and that the said '' Caroline" was rebuilt new from light water-mark some time last season, and that, exclusive of her engine-boilers and outfit, and incl ^ding kicr hull, ioiner-work, and painting, the said steam-boat " Caroline" was worth 60 dollars per ton on tSie 29th day of December last past, and if the engine and boiler of the said " Caroline" were in a good running con- dition, this 'Ir^ponent would estimate the said boat at 100 dollars per ton, and think > ; was worth that sum exclusive of her furniture ; and the said Elish -le, for himself saith, that he is an Axiierican citizen and a steam-bo : gineer and a boiler-maker, and was well acquainted with the engine .id Doiler on board the steam-boat *' Caroline ;" that the engine on board of said " Caroline" on the 29th day of December last past, was a good one and would work fifteen horse-power and upwards ; the boiler was Old but in good repair on the day aforesaid, and would last with careful usage from twa to three years ; and that the said steam-engine and boiler were justly worth on the said 29th day of December last past the sum of 1,800 dollars ; and further these deponents say not. (Signed) Elisha Lei. Sworn and subscribed this 2nd day of February, 1838, before me, (Signed) F. P. Stevens, Judge of Erie County Court*. (Signed) "W. F. Pobter Taylor. Sworn and subscribed by the above-named William F. P. Taylor, this 3rd day of February, 1838, before me, (Signed; F. P. Stevens, Judge of Erie County Court*. .^> .-..->i Inclosure 18 in No. 1. ilfr. Steven* to Mr. Fortyth. Dear Sir, Lockport, New York, January 23, 1838. AT suggestion of H. W. Rogers, district-attorney of Erie, I inclose to you a copy of the Grand Jury's minutes, taken by them, relative to the murder on iboard of steam-boat " Caroline," at Schlosser. Your's truly, (Signed) R. H. STEVENS. Sub-Inclosure in Inclosure 18 in No. L , Niagara General Sestion*, January Term, 1838. The People of the State of New York, ver*u* Allen Mc Nab, John Mosier, James Chalmers, Angus McLeod, Edg^ worth Usher, Edward Zealand, John B. Warrens, William Warrens, Peter Rigley, Thomas McCormick, RoUand McDonald, Jared F. Jarvis. BILL FOR MURDER. p.ir ,t ? COMPLAINT in this case for murder of William Durfee and otlers on board steam-boat " Caroline," ai Schlosser, in the town of Niagara, 29th of December last. — — being duly sworn, deposes and says, that he was in Canada near Chippewa, at the time steam-boat was burnt, lives near sa there ; he has given his name to district Attorney, but don't want to be known just now. There were about twelve boats started from Chippewa Creek, containing about seven to twelve men in each. It was saia there that they were to burn steam-boat then lying at Schlosser wharf. The steam-boat was then in sight of Canada side. Before boats started some of the men wanted some swords that the officers or horsemen had, and they were not willing to let these boatmen have them, when a man at the officers' barracks, whose name h'; learned was Allen McNab, said to these horsemen or officers, that be, Mc Nab, would be responsible for a safe return of the swords. TheE'3 horsemen then gave the swords to men who were going across in bcati. It was the general rumour in all the camp, that Mc Nab ordered this expedition and that John Mosier was to head it, and the Guards so understood it. About twelve at night two beacon lights were struck up on the Canada shore, and a few minutes after this ne saw steam-boat on fire, and it went over the falls ; when the men who went out on these boats came back and passed those beacon lights, they hurra'd, and said it was a Yankee trick. It was said there that Mc Leod bragged of having killed three of the damned Yankees ; saw a young mail they called a prisoner in the guard house, an officer each side of him examining him ; saw a man next morning at Schlosser, he was shot through his head and was dead, his name was William Durfee. Captain Harding was wounded in his head vith a sword-cut. Iiuke Walker sworn ; says, last Friday he was on board steam-boat " Caroline ;" twen;y-five or thirty were on board her. About half past twelve at night first he heard was " here is the enemy," and they then in boat all rushed up stairs. One man lay on deck wounded ; they threw down witness on top of this wounded man ; they asked witness if he knew where the men were who were on board of the steam-boat, and witness said *' No ;" they then told witness to tell or they would run him through; witness said to them that he did not know as he had only come on board to sleep. They then went to a man who was wounded, and askeii Slim same, and the man answered same as witness did. They then caught witness and threw him into a yawl boat, leaving wounded man on deck; he heard a pistol go off; heard a man hollow " Murder," behind partition. They asked this man when the men were on board ; the man said he did not know. One said " run him through," and the man behind partition hollowed " Murder." One fellow, after they got into Canada, told witness " he went a number of times to run witness through, but did not do it after all ;" witness did not hf tr this man's name, he was a young man, and was about twenty-two years old, had on no whiskers, was tnick set and short. Captain Mc Cormick was on board boat the witness was put into ; heard him so called by the crew, just as steam-boat took fire, crew called and said, *' Where is Captain Mc Cormick, and he said, " I'm here, let me jump in," and he got off steam-boat into yawl boat. After they got across into Canada, he heard Captain Mosier's name spoken of. He heard Captain Zealand's name when he was on steam-boat. He heard Jarvis' name mentioned, but can't tell whether it was on steam-boat or after they got into Canada, is not sure which ; he went into officers' camp and saw Colonel Mc Nab, who asked witness if he knew steam done business for Navy Island or not. When there (in officers' camp) he heard one man say he knocked one man's brains out with pistol down into the fire-hole. Mc Nab was there then in camp, and neard this. Another said he run a man through three times, down among engines, and left him there. There was much crowd there in Mc Nab's quarters. Witness was told Mc Nab was head man, and was a fine man ; was sent for by McNab three or four times. The second time he went to Mc Nab, he called a Justice of Peace, and swore witness as to what steam-boat was going to do. One said he turned over a negro on deck, dead. Over in Canada witness saw a man with the guard dressed in blue roundabout and cloth cap, who asked witness if ne did not recollect of riding in waggon near Black Rock with him the day before the night the steam- u boat was burnt ; witness answered " No ;" (but witness says he knew him but would not let him know it ; he c!id ride with him in a waggon nea^ Black Rock ;) the man then said, <' You are an old boy and ought to b^ hung." The man was then spoken to by euard; they said to the ma^, ** You were not on that steam-boat?" the fellow answered that he was, and could prove it ; this man was about twenty-five years old, and shortish, anq witness would know him anywhere ; he looked some like a sailor, (this wafl Monday morning.) Five boats came to steam-boat understood t^^t twelve started to go. After Mc Nab swor witness he gave him Zm. or 69., and told him to go home. Another man was taken from steam-boat to Canada, and they said they would hang him. When these men came on to steam-boat, they hollowed " No quarter ;" the men who belonged to boat had no a'. He heard in McNab's camp a man tell IVfcNab that none of their i were hurt, except one old man, who was vfounded in the arm, and t '' an said he guessed some of their own men did it by mistake. Witness has been a driver on Erie canal ; when he was on steam- boat, he expected to be run through ; but he should not have flinched it, but have stood it. McNab asked witness if he was intending to go on tq the island. Witness told him " No ;" (f<)r he knew too well that if he did tell him right he should not have got back, and so he told him a straight story) ; there was about fifty in these five boats ; seven was in the boat witness was put into. Captain Mc Cormick jumped into yawl boat ; and as he jumped into it, he (Mc Cormick) stubbed nis toe and fell into the river, and they pulled him out ; and then they were a little bewildered, ^nd w&ni down stream, and they hollowed out, "This is the way, and that is the way," and they turned their boats about and run, so as to go abQVfi lights on the other side the river. ■f J Tkoma* Sage sworn; says, he wrs in Canada last Friday; came home across Ferry at t^wiston, four p.m. Saturday ; he was at St. David's in Canada, and heard men there talking about burning steam-boat, and that it went over falls with twenty odd in it. One man was there who told witness he jammed them down in the engine way and bolted hatches, and served them all as tbey would serve all the damned Yankees ; Mc something, it iiounded some like McDonald; could not say certainly. Some of these men were from Coburg; Chisholm's name was^ mer.i,ioned as one of the crew ; Mc Leod and self was also named ; Warren's narae wa^ vnen- tioned, [1' m '.*< Oilman Appleby sworn ; says, 29th December he was in Bteam-boat " Caroline." Witness was master ; had on American flaf; ; British fired at steam-boat while coming down above Grand Islfing; the men on board steam-boat were thirty-three in all ; gave his berth to a geptlemail from Rochester to sleep in. Captain Harding got out first. When witness was going up he met Mc Leod, who said, " Down you damnecl Yankee," and then run sword near witness' breast down his belly ; it went between clothes and skin, and witness fell and feigned dead ; saw one dead man on deck ; did not know who it was ; they shot boy called Little Bill ; his real name was Johnson ; heard Mosier's name called while on deck ; there must have been eleven killed, as this number is missing, besides the prisoners. He knew three which he saw killed — William Durfee, Little Billy, and a dead man on deck. One Negro was wounded ; Mr. King so badly wounded that he may not live ; Harding wounded by sword-cut on head. Some of them said half a dozen times, " Show the damned Yankees no quarters ;" they said so before they came into boat. There was not &a armed man on the steam-boat, other than those who came from Canada on to her in the small boats ; not even so much as a pocket-pistol. This fellow who was taken prisoner (not Walker) was a man who pretended he had come from Duncomb's army ; witness saw his affidavit at Buffalo which was taken in Canada to that effect. Little Billy was run through while witness was in warehouse ; he groaned and staggered and fell into river ; witness saw the blood, and he saw where 66 the ball struck the pier. This spy, who said he was from Duncomb's iumy, swore in Canada that there were thirty armed men on steam-boat when Canada boats came up ; witness says there was not one armed. fJianiel J. Stuart ; resides at Qufialo ; was on steam-boat " Caroline " same night she was burnt. The crew a!nd passengers were not armed. Witness was watch on deck ; heard no names called on deck ; the fii i mtm who came on deck was a full faced man, and as witness met him, the man unsfieathed his sword, and witness turned, and a gun was fired from below in smal| boats, but it did not hit witness. Anotlier gun was fired, and witness run and up boat. This spy was called Peter ; saw lights fucross on Canada shore. Charlts F. Harding: lives at Luffalo ; Captain Canada was on watch, and came and said a boat was coming, and in a few minutes came again ai^d said, several boats are coming. The firing^ commenced ; witness started and fell over a dead man ; heard swords nnging, and shouting, and saying, "Fire!" Witness got on forecastle, and looked forsomething, in hopes to help his friend Appleby and Wells who were below ; a man rushed at him with a sword and said, " Who are you ?" and witness said, " Stop ;" the fellow struck and hit the upper deck. Another man was lookine at witness, probably to see who witness was. Witness grabbed the felfow's hands around the butt end of a pistol. This fellow might have gone overboard if he was a mind to. Another man came before witness and made a stroke, but did not hit ; struck twice and did not hit ; then a volley of bullets came from aft ; and as witness turned he was hit on jiead with sword, he stumbled and fell partly down over a NejCTo ; and Negro shoved the witness forward some ; witness kept hold of Negro's shoulder. The man who struck witness, he supposes, lives at Coburg, and thinks his name was Warren ; eleven were killed ; thirty-lhree on board ; there were five boats, about sixty men. Mr. Longley, merchant of Buffalo, swore, that Holland Mc Donala, brewer of Coburg, was one of the masters of the Canada bp^ts and one of the g.ang. Peter Bigley was «py. S^haim* Starring, of Quff^o, sworn ; says, 1 e was on w^tch between eight ^pd ten o'clock at night ; while he was on #atph, two mep pame and ftitf) they wanted lodgings ; tbiey went away. Stean^-boat's crew had no ^rom. When first a^m was given witness supposed it was « joke, but soon another alarm was given, and witness jumped and put pn boots, and the firing began, and sineing out '' Give the damned rascals no quarters ; kill 0yery damned pne of tnem, ^uid to secure gangways." Witness picked up his coat and put it on his arm, and mac^ for forward gangway, and near chimney were a cluster of men, who appeared to be at work at some one, and witness got along among their legs, and got a blow over the eye as with a musket-stock ; saw no man that he knew. As witness was struck, he cried out, " hold on ;*' he then got another blow, which brought him on to the deck ; he run a little way, and stopped, and thought a little, and started to jrun again, and was afraid and could not run. Saw Durfee i^ter he w^ killed ; this Durfee stood watch that night with the witness in the evening. As near as he can tell, there were thirty-odd men on bos«tl steam-boai, and he can accopnt for eighteen. He took the invaders to be Canadians. After witness stopped, he saw lights over on Canada shore, near the cut from Chippewa Creek, in the Niagara River. The murderers went towards these lights. After they had fired the steam- boat they gave three cheers. fVilliam Wells, of Bufialo ; got names from Mc Kenzie, Angus McLepd, Mc Giver, now or late clerk with Mc Lin of Chippewa, John Mosier. Witness got off boat after she was on fire ; they had made two or tliree attempts to fire her. Witness was the last man who got off boat, and he stumbled over some men below who were alive, and they probably went over Falls. 'f 56 Some one seized Durfee by collar and said, "Who the devil are yon? fo ashore with me, or I will blow your damn'd brains out," &c. He soon eard a eun go oiT. He looked up on deck, and saw three h-\ve hold of one man by his arms ; another was behind, punching this man, or cutting him to pieces. Witness owned this steam-boat ; had thirty-three on board; ten were killed, or went over Falls. Witness passed one dead man on the dock, who was not Durfee. Joshua H. Smith, of Buffalo was sworn, and said, on the night the boat was burnt, at twelve o'clock, he was in ladies' cabin when alarm was given. The men on boar 1 steam-boat were not armed. When alarm was given second time five or six boats were coming up armed. Starring was along a little forward, and a gun was fired, and a man behind witness fell on deck. Some blood {;ot on to t^e witness from this man. This man could not have been Pirfee. Witnt s got off, and run up rail-road, and when boats went away, he went bt\ck to dc?k, and found Durfee on dock dead. Thirty-three were on board, seventeen accounted for, so Tar as he can tell ; calling the spy one would make eighteen who have been found. Saw lights strike upon Canada shore, and those boats rowed towards these lights ; don't know any of them. Robert H. Steele, of Lockport, swo. i. Was at Hamilton, and went to get a pass to come home ; and the man told him they barred the hatches down, and some twenty went over Falls. The man had a piece of the wreck of the boat in his hands, and said Mc Donald and Mc Cormick were in the affair. The man pretended they found the boat at Navy Island. This man was talking with Colonel Chisholm, who seemed not to give credit to what was said, and said people were fools for believing all uiey heard. Did not learn the names of the men. Niagara County Sessions. I, Robert H. Stevens, district attoni>ey of Niagara County, in the State of New York, do certify that the foregoing is in substance and effect all the testimony taken by the Grand Jury of said county at the late Niagara general sessions of the peace, at which time a omplaint was pending against the several persons named at the commencement of this testimony. And I further certify that I have copied the foregoing from the original minutes taken by said Grand Jury, and by them handed to me, and now in my possession. Dated at Lockport, 25th January, 1838. (Signed) R. H. STEVENS. ■J T t< ■ No. 2. Viscount Palmerston to Mr. Stevenson. h Foreign Office, Auyust 27, 1841. THE Undersigned, Her Majesty's Principal Secretary of State for Foreign Affairs, in proceeding to reply to the note which Mr. Stevenson, Envoy Extr lordinary and Minister Plenipotentiary from the United States, addressed to him on the 22nd of May, 1838, upon the subject of the capture and destruction of the steam-boat " Caroline," by a detachment of Her Majesty's forces, on the River Niagara, on the night of the 29th of December, 1837, thinks it necessary, in the first place, to explain the reasons why thi;i reply has not been made sooner. Mr. Stevenson's note, wliich had been preceded by a correspondence on this subject between Mr. Fox and Mr. Forsyth, in January, 1838, was accompanied by voluminous dociiraents, purporting to contain statements of facts collected by the law officers of the United States' Government, from a variety of witnesses, whom they had examined for this purpose; and it was absolutely necessary that, before Her Majesty's Government 67 could give a full answer to Mr. Stevenson's note, copies of those docu- ments should be sent to the Governor-General of Canada, in order that he might direct witnesses on the British side to be examined, aixi that he might transmit to Her Majesty's Government correct accounts of those transactions to which the statements of the American witnesses related. The proceedings connected with these inquiries necessarily occupied a considiirable portion of time, and it was not till the spring of the year 1839, that full information was received. Other border conflicts also happened, which appeared to Her Majesty's Government to diminish the relative importance of the affair of the " Caroline ;'' and it seemed to Her Majesty's Government, that the Government of the United States could not but feel that the result of all these events must be, that there was a large account to be settled between the two Governments, which must be adjusted entirely, or not at all ; and that it was useless to discuss separate and particular incidents, as if they were the only points to be arranged between the two countries. Moreover, the Government of the United States was perfectly aware, even before Mr. Stevenson's note, of May, 1838, was written, that Her Majesty's Government considered the destruction of the " Caroline" as a justifiaole act of self-defence, properly done by the local British authorities for the protection of British subjects and their property, and for the security of Her Majesty's territories. This opinion had been made known to the United States' Government by Mr, Fox, in an Official Note to Mr. Forsyth, and by the Undersigned, in more than one conversation with Mr. Stevenson. Moreover, Mr. Stevenson, in his Note of May, 1838, did not repre- sent the transaction as lieing the unauthorized enterprise of private indi- viduals, acting upon their own responsibility, and which it was doubtful whether Her Majesty's Government would or would not consider as being a matter for which the British Government and nation were answerable ; but Mr. Stevenson, on the contrary, represented the transaction as one which had been deliberately plannerl with the Knowledge and approbation of the Lieutenant-Governor of Upper Canada, and executed oy armed troops, forming a portion of the British force stationed at Chippewa ; and Mr. Stevenson called upon Her Majesty's Government to disavow and disapprove the conduct of the Lieutenant-Governor in this respect. But Her Majesty's Government did not, after the receipt of Mr. Stevenson's Note, retract the opinions expressed on this matter by Mr. Fox and by the Undersigned, nor did Her Majesty's Government in any manner dis- avow or disapprove the conduct of the Lieutenant-Governor of Canada ; and, therefore, both that which Her Majesty's Government had done, and that which Her Majesty's Government abstained from doing, could leave no doubt whatever on the mind of the President, that the British Govern- ment intended to decline to comply with the demand contained in Mr. Stevenson's note. It is to be presumed that it was a conviction to this effect, which in- duced Mr. Stevenson to refrain from pressing for an answer to his Note, v/itiiout special instructions from his Government to do so; and which, also, led Mr. Forsyth to instruct Mr. Stevenson to abstain till further orders from taking any step in the matter. The Government of the United States seems, like that of Her Majesty to have felt that no good cculd arise from the communication of a formal refusal on the part of Great Britain to comply with a demand explicitly made by the United States, and that it mignt be better to let that refusal be inferred from the silence of the British Government. But as recent communications received from the United States' Government show that a formal reply to Mr. Stevenson's Note of the 28th May, 1838, is desired by the President, the Undersigned feels that he is bound to give it ; and he has, therefore, now again to declare, that, in the opinion of Her Majesty's Government, the capture and destruction of the '* Caroline" was a justifiable act of self-defence, and that Her Majesty's Government, far from disavowing and disapproving the then Lieutenant- Governor of Canada, who sanctioned, or the ofhcers and men of Her Majesty's forces, who planned and executed this transaction ; on the con* Q H I |4ii t trary, fully avow and entirely approve the conduct, in this respect, of all those pcrsonK ; that no rcdrcHS is due by Her Majesty's Government on this account, and that, therefore, none can be given. The grounds u|)on which this opinion rests, will be found in the following summary of the leading facts of the case ; and Her Majesty's Government cannot but indulge a hope that the Government of the United States will see in this statement, a.id in the proofs by which it is supported, siiffioient reason for the decision of Her Majesty's Government. If a wrong hud really been done by Her Majesty's colonial' authori- ties, Her Majesty's Government would most readily have give^^ reparation; but if on the other hand it can be shown that no wrong has been done, and that the transaction in qucKtion was, in truth, a defeimive measure op the part of the British authorities ia North America. The Government of tno United States is too just, to press for a reparation which is not due. In December. 1837, no civil war existed in Canada ; there was no party within the BritiKh Provinces arrayed in arms against the Queen's authority ; disturbances had. indeed, broken out in Lower Canada in the autumn of 1837, but those disturbances had been promptly quelled by the energetic loyalty of Her Majesty's Canadian subjects, and by the action of Her Majesty s regular troops ; those disturbances had ended after a short conflict, and with little loss of life on either side; the leaders of the insurrection had fled to the United States, and for some time Inifore December, 1837, order and tranquillity had been restored in the Canadian provinces. In this «tate of things, a small band of Canadian refugees who had taken shelter in the State of New York, formed a league with a numlieir of citizens of the United States for the purpose of invading the British territory, not to join a party engaged in civd war, because civil war at that time in Canada there was none, but in order to commit within the British territory the crimes of robbery, arson, and murder. Her Majesty's Government and Her Majesty's Minister at Washington h^ve called these people pirates, and the American Secretary of State in a recent note to Mr. Fox observes, that this name cannot pfoperly be applied to them. The Undersigned is ready to admit that, technically, the word " pirate'' is applied to (>erson8 who, without authority or commis- sion, commit upon the high seas the crimes which this band of oflendcrs determined to commit upon the land ; but if the term is in this cat^c inap- propriate, it is so, not. on account of the nature of the a|.'ts which tlicsc men were about to perpetrate, but oq account of the element on which those acts were to be committed. The intentions of these men were publicly known; but the Govern- ment of New York took no effectual steps to prevept them frioni carrying those intentions into effect. By a neglect on the port of that Gji^yernment which seems to admit of but one explanation, the storehouses which con- tained the arms and anunuoition of the State were left ui|gU|arded ; and were consequently broken open by this gang, who carried off from thence, in open day, and in the most pobuc manner, cannon, and oth^r implcQients of war. After some days of preparation, these people proceeded, without any interruption from the Government or autnorities of the State of New York, and under the command of an American citizen, to invade and occupy Navy Island, a part of the British territory ; and lutving engaged the steam-boat "Caroline," which, for their special service, was cut out of the ice in which she had been inclosed in tne port of Buffalo, they used her for the purpose of bringing over to Navy Island from the United States' territory, men, arms, ammunition, stores, and provisions. The preparations made for this invasion of British territory by a band of men organized, armed, and equipped within the United States, a^d consisting partly of British subjects and partly of American citizens, had induct the British authorities to station a military force at Chippewa, to repel the threatened invasion, and to defend Her Majesty's territory. The commanders of that force seeing that the " Caroline" was used as a means of supply and reinforcement for the ipvaders who h^ 59 occupied Navy Island, judged that the capture and destruction of that vessel would prevent supplies and reiriforccmcntH from passing over to the Xiland, and would moreover deprive the force in the Island of the means of passing over to the British territory on the main land. They therefore detcrmincarily yarned for defence by seeing the gradual approach ot the British boats. Accordingly, seven B'^'i^iivh boats, wj^h an officer and eight men in 9ach, a)l of them volunteers from the British force stationed at Chippewa, jitartied on the night of the 29th of December, 1837, from Chippewa, to cut pi|t the " Caroline," which they e^^pcctcd to find at Navy Island, but which they discovered lower dowi> the river, moored at the wharf at Fort ^chlQsser. After being challenged by the watch on deck, they boarded the .vessel, and after a short out smart resistance, during which, some of the boarding party were seyerely wounded, they carried the vessel, drove on shore the crew and the other persons who were on board, cast her off from her pioorings. and proceeded to tow her away, intending to carry her over to the British shore. But they ^ound her too heavy to be towed up against the stream, and therefore, after carefully seeing that there was ffobody left on board, they set ^or on fire, and let her drift down to the Falls. leaving thus accomplished their object, they returned quietly to Chippewa, without any retaliatory attack upon that portion of the hostile l;>and who were collected at Fort Schlosser, and who intended, no doubt, ,to pass over the next day in the " Caroline" to Navy Island. In executing this operaticMi, the British party used no greater degree of violence than was necessary to carry the ve$s"(. They took with tliem po fire-arms, and had nothing but cutlasses, and some swords borrowed for Jthe occasion from the cavalry stationed at Chippewa. Such of the persons found on board the " Caroline" as did not resist, .were put on shore uninjured f and as the vessel was close to the wharf, the greater part of the persops on board landed without difficulty. It appears that a few were wounded, and Her Majesty's Government very much regret that one American citizen, named Di^rfee, lost his life by a .shot through the head. But as it is positively declared by the British jiarty that they took no fire-arms with them, and as it is proved that the -American party had fire-farms and used ^hem, it seems possible to account for the death of Durfee without assuming that he fell by the hands of the British narty. The details, of which the foregoing statement is a summary, are given .in the inclosures to this note; and uie Undersigned requests that Mr. Stevenson will have the goodness to draw the special attention of his Governmuat to the particulars contained in those sub-inclosures. For an attentive perusal of those inclosures will show how erroneous lEre many of the statements which have been transmitted to Mr. Stevenson, .and of which he gave a summary in his note of December, 1838. But .sonie other parts ofthat summary are perfectly consistent with the British .statement, and tend to confirm instead of contrndictiiic it. Mr. Stevenson begins his narrative by stating that, towards the end ,of December, 1837, the "Caroline" was cleared from the port of Buffalo, with a view of running between that port and Schlosser, and for the pur- pose of carrying passengers and freight. But Mr. Stevenson omits to state that the ^'Caroline" was "cleared" not only from the custom-house, but from the ice in which she had been locked up for the winter ; and he has omitted to explain whence and how arose that sudden outburst of 60 Hit: traffic on the river between BufTalo and Schloaier, which, in the depth of a North American winter, could render it a profitable undertaking to set on the "Caroline" as a passage vessel between those two points, Mtween which there is an cstabHHhcd railway communication. Mr. Stevenson commonceH his narrative by stating that he is about to give a recital of "the prominent and im|M)rtant facts" of the case; and yet he omits all mention of the most prominent and most important fact of the whole transaction, of that fact wnich, indeed, is the very foundation of the whole proceeding, and in which lies the essence of the whole matter; namely, the then recent invasion of the British territory at Navy Island, by a band of British refugees and of American citizens, commanded by a citizen of the Union, organized and equipped under the eyes, and there is too much reason to suspect, with the connivance of the authorities, of New York, and provided with cannon and other arms, and warlike stores which were the public property of that State, and were taken openly and without imimliment from the storehouses of the State. Mr. Stevenson, however, is obliged to admit that the very first thing that was done by this 'steam- vessel, which had cleared out to carry pas- sengers and freight between BuiTalo and Fort Schlosser, was to land passengers and freight not at Fort Schlosser at all, but at Navy Island, then occupied by the hostile force which had invaded it from the United States. Mr. Stevenson says, that the "Caroline" then went on to Fort Schlosser, but he does not assert that she landed al that place any passen- gers or freight from Buffalo ; but he admits that this steam-lmat, whose professed employment was to run between Buffalo and Schlosser, having first disembarked her passengers and freight from Buifalo, not at Schlos- ser, but at Navy Island, and having arrived subsequently at Schlosser, returned not to Buffalo, but to Navy Island, and then not once, but twice, in the very day on which she arrived at Schlosser, went from Schlosser to Navy Island, and back from Navy Island to Schlosser. And thus it appears, even from Mr. Stevenson's own statement, that the real purpose for which the "Caroline" was employed was not to run with passengers and freight from Buffalo to Schlosser, and from Schlosser to Buffalo; but to convey passengers and freight from Buffalo and from Schlosser to Navy Island, a place not within the United States' territory, but a British island, to which, in ordinary times, no man would have thought of carry- ing cither passengers or freight, because it has scarcely any inhabitants, and has neither accommodation for travellers nor demand for mercantile commodities ; and is, in fact, in consequence of the strength of the current at that point, so difficult of access for rowing boats, that on that account the invaders found a steam-vessel necessary as a sure and safe means of com- munication with the shore. What then was the reason why, in the depth of winter, the " Caroline" carried in one single day three cargoes of passengers and freight to this usually almost uninhabited island ? Why the answer is plain : these pre- tended passengers were reinforcements for the band of invaders who nad seized possession of that portion of British territory ; and the freight con- sisted of arms and warlike store;.. This fact is perfectly notorious, and has been admitteih day of December last. On the morning. of that day intelligence was receive^ 67 in the camp at Chippewa, that the steam-boat '* Caroline" had brought from Schlosser to Navy Island a brass six-pounder field-piece with four bay horses, and a quantity of warlike ctores, for the use of the hostile force on the island; I saw her cross from the Ameritan shore to the island ; I saw her cross only once, but I was informed, and it was a matter of notoriety, that she crossed twice to Navy Island in the course of that day, and she evidently formed the principal means of communication between the occupants of Navy . Island ana the main land of the United States. It was ol the utmost conseauence to prevent supplies of arms and warlike stores from the main land,; as with them the enemy would be enabled to erect strong defences, which would make the capture of the island a matter of difficulty, and involve great loss of life. The current of the Niagara River runpmg rapidly around the island, attack from the British side was thereby rendereddinicult and dangerous ; and communis cation in aid of the enemy from the American snore was also impeded considerably, unless by means- of a steam-vessel. Without easy communi- cation from the main land to. the island, the place could not hold out, and mupt have fallen without effusion of blood on either side. For these reasons. Colonel McNab thought it right to order that the "Caroline" steam-boat should be cut out and captured or destroyed, which measure could not be considered a hostile movement against the United States' Government, there being at the time no force on the part of that Qovern- ment in the neighbourhood to control or prevent the violation of. peace between the two countries, the frontier opposite to Navy Island being virtually as much in possession of the enemy as the island itself. The attack on the steam-boat, therefore, would appear to me to be as much in aid of the authority of the United States' Government — then grossly violated, and not maintaining itself within its own territory-^as for the ^rvice of Her Majesty. Colonel Mc Nab commanded Captain Drew, of the Royal Navy, to cut out the steam-boat, and I volunteered my services to accompany him. Eight boats, with about forty-five men, were prepared for tne expedi- tion, six only of them, however, arrived, the current running too heavily for the remaining two boats. I was in the same boat with Captain Drew. The night , was very dark, so that the approach of the boats was not observed ; the boats in the first place rov/ed round the island to the side nearest the American shore. Captain Drew being in hopes of finding the steam-boat at the island, but being disappointed in this hope, the expedi- tion proceeded to Schlosser, where the boat was discovered. On approach- ing^ within about twenty yards of the. steami-boat, the boats were nailed : " Who comes there ?" This was repeated several times, no answer what- ever was made ; the person who hailed them called out loudly, " The enemy are coming!" v.x^M which we pulled aloni^side and boarded in the after gangway, and the other boat, 'commanded by Lieutenant Eltnsley, accompanied by Lieutenant Mc Cormiek, in the now;, when I got on board, I ran immt^iiately forward, where a firing had oommenrod. There I met Lieutenant Mc Cormiek, who was severely wounded with a ball through hia wrist, and several buck shot in his arm and side ; and I saw a number of persons rushing from the boat to the wharf. I then returned to the after-part of the boat, where I found in the ladies' cabin a man, whom I am informed was the captain of the boat, and a boy ; they were in a dreadful state of alarm, and begged for mercy ; I interfered to pre- vent them being hurt, and ofiered to see them both safe ashore ; I assured them they should not be hurt. The captain, who was lying down in a corner, rose and took my arip, and I accompanied him to the wharf, and saw him safe ashore ; the boy refused to go ashore ; he was terriSed, and I put him into our boat. A smart fire of small arms then commenced from the shore ; it vvps with great difficulty the chain which held the boat could be got loose. We commenced to set fire to the vessel. I was with Mr. John Harris, a master in the Royal Navy ; in the end, we set fire to the boat by means of a carcass and fire from the furnaces. I did not observe any arms on board. I went on the wharf, and .m\v the man whom I believe to be the sentinel, lying about fifteen dr twenty yards from the boat; he:wasdead, and his musket wa^ in his arms. The first 'I? # 68 shot was firf"'^ from the boat about midships, just as we commenced climbing the bkies of the vessel ; there were no shots fired from the after^ part of the steam*boat; the firing, which commenced from the shore, CHine from th.e house, the onW one, as far as I can recollect, in the place; it is a tavern ; there were al o at thirty shots fired from that place ; the boat was then taken out into lUe stream, Captain Drew ordering that no damage whatever should be done to American property. I can positively swear that there was no cry of " Damn them, give no quarter," or any expression of that nature ; the captain of the steam*boat cou!d iiot have heard any such cry or expression, oa he was, as I have before stated, lying in the corner of the ladies' cabin ; he begged for mercy, oil«ied no resistance, and tuand no difH.cuIty in going saie on shore, to which he went, having hold of my arm. I only saw one man killed. \ am {anw&ed there wercv none killed on board the boat, and I am sure ihore •/<.{» no person, either dead cr alive, on board the boat when she v as fired. I remained on board until the steam-boat was veil oii lire, aru out ivi the stream, the fire been [Qy. being ! lit up both foro and tJt. and the bulwarks broken down, there was a clear view oetwpev) decks and on dect , so that I conceive it impossible that any person couM have remained on board, except the attacking party, and when they almiidoned her, there remained no person in the steam-boat. There were but two houses or shaniees on Navy Island when it was occupieii by the enemy ; it waa • place of uo r-sort, and there could he no possible occasion lor tuking passengers or Ireig^ht to that place, except for hostile purposes, and in jud of tlie encr _, liter the in^'asioa. Schiosser was also a place of liftle or no re&nrt, and the crowd, vv.*"t'h tiilcl the only house at it, and the steam-boat, wiu-n she was taken, co,']ii ha*>'r> had no business at the place, unless in connexion with the invaders at Kavv Islaud ; nor could there have been the armed party assembled ar '^he suid house, and v/ho fired upon our party, upon the cutting out of 11;' steam-boat, for any purpose but that of joining or assisting: the invui.::;rs at Navy Island. 1 have never heard it sugg^ted that the iiouse was occupied by United States' troops, or smy authorized American force; and I conclude that it was not so occupied, from the fact, that the most unreserved and open intercourse with the enemy existed throug!>out the day of the 29th December, and for many days previous. I have served in the British Army, with the rank of lieutenant in the 8th regiment, during the late war; and I have been for twenty yiars in the service of Government in the Surveyor-General's department of Upper Canada ; I am also Colonel of militia. From all the circumstances which I observed on the 29th December, and for some days p iviously, I considered Schlosser and its vicinity at the disposal of the self-styled patriots; and the steam-boat "Caroline" appeared to me to be actively engaged in their service ; and I therefore considered that the attack was made upon the enemies' vessel, and not upon a vessel of the United States, and in a place in the possession of the patriots, over which the authorities of the United States were at the time virtually exercising no visible power or control. (Signed) J. Radenhubst. Sworn at the Executive Council Chamber, this 24th day of No- vember, before me, (Signed) R. B. Sullivan. ^: -L^^s Sul>Inclo8ure 6 in No. 2. Deposition of Lieutenant John Elmsley. Upper Canada. BEFORE me the Honourable Robert Baldwin Sullivan, one of Her Majesty's Executive Council, at the Council Chamber in the city of Toronto, personally came'knd appeared the Honourable John Elmsley, a Lieutenant m Her Majesty's Royal JNavy on balf'pay, and now Captain in Her Majesty's Provincial Marine in Upper Canada, who being duly sworn, deposeth and saith as follows, that is to say, in compliance with the orders of Sir Francis Bond Head, authorising Colonel Mc Mab to call upon navy officers to assist in the reduction of Navy Island, I repaired to the Niagara frontier on the 28th day of December last, and joined the volunteer torce under Colonel Mc Nab at Chippewa ; when I arrived, I found Navy Island in possession of a hostile force, said to have come from the neighbouring American shore ; during the whole of the 29th of December, I observed a constant communication with Navy Island from Schlosser and the vicinity, kept up by means of row-boats and sail-boats, with many men on board. On my arrival, I learnt that the " Caroline " steam-boat was emploved in the service of the patriots, and that she was cut out of the ice at Buffalo for that purpose ; this news, I believe, came through William Hamilton Merritt, Lsquire, then at Buffalo ; un the morning of the 29th of December, I saw the " Caroline " coming from Schlosser to Navy Island, she had great numbers of men on board ; she continued throughout the day cross- ing the river to and from Navy Island, bringing to the island many men, and apparently taking back but few ; after it was dark, I observed the sparks of fire from the pipe of the boat as she was crossing on the same business. Navy Island, previously to the occupation of it by the invading force, was inhabited only by a widow woman and her son. Schlosser contains a tavern and a house or two, probably out-houses ; it is not a place of any resort, and the " Caroline " could not have been employed in any ordinary or lawful business, and I was and am certain that she was employed in carrying men and warlike stores from the American shore to Navv Island, and in Keeping up the communication between the invaders OD the island and their friends on the main-shore. About four o'clock in the afternoon of the 29th of December, Commander Andrew Drew, of the Royal Navy, told me that it was determined to make an attempt upon the " Caroline that night, and asked me to accompany him on the expedition, to which I willingly assented; he then directed me to prepare a boat's crew, which I set about immediately ; seven boats were prepared, with nine men in each boat ; and about midnight we left Chippewa under the command of Captain Drew. Before setting out. Captain Drew explained the object of the expedition, directed the boats to keep close together, to make no noise, to be calm and steady, and by no means to hurt a single individual who should not persist in offering resistance ; he said our only object was to destroy the boat ; our expectation was, that the boat would have been well guarded, as no one imagined that she could be considered in any other light than as part of the armament of the enemy. Two boats were detached to look for the steam-boat at Navy Island, we hove to for them ; I do not think they went by order ; we pulled over to the American shore above Schlosser, and were drifted down by the current, the stream running at about three miles an hour ; we drifted down until we were hailed twice from the steam-boat ; Captain Drew was in the foremost boat, I was in the fourth ; so soon as we were hailed, we made a dash for the boat ; I boarded at the bow ; I saw several men who appeared to me to be armed; the first report of fire-arms was from the after part of the vessel ; the people on board immediately ran away to the other side of the boat, and went ashore ; before we got on deck they had dispersed ; I should have fired on them, had it not been for Captain Drew's orders ; they were not, however, molested, and we got quiet possession of the forecastle ; there was no cry of " God damn them — give no quarter ;" there was not a word uttered by any of our party ; we went aft, and found Captain Drew and his party in possession of the after-part of the boat ; Mr. Mc Cormick was wounded, also Captain Warren and Mr. Arnold ; I set to work to loose the boat, and cut off her moorings ; she was very securely moored with chains, and we found very great difficulty in casting off; before we began to cast off, I stepped on shore, followed by my boat's crew, to pre- vent a rally ; I saw a man lying dead on the wharf; I returned on board, I there saw a man who complained of being wounded, and who requested to be put on shore, which request was complied with ; I saw several others put on shore peaceably ; I can swear positively that there was no wanton injury inflicted on any one; whoever was hurt it was in the first brush on 70 boardine; I saw no one that I knew; our men were principally armed with cutlasBes and boardine-pikea, some few had piatoU loaded with ball ; We had no buck-shot in the army ; Mr. Mc Cormick was wounded with buck-shot in several places, besides a ball which passed through his wrist ; it is well known that the Americans generally use buck-shot as well at balls; when the boat was cast off, which was done to prevent injury to the wharf and store, she was set fire to. I am quite certain that when the boat was abanaoned, there was no person on board, either dfiad or alive. I saw several men sent by Captain Drew to search the vessel, lest any person should happen to remain on board ; a boy and one or two men Were brought away in the boats. I ordered the boy his breakfast the next morning, and he was returned to his friends, who sent for him ; this I understood was the boy who was reported, on the American side, to have been killed. The two boats for which we lay to did not arrive at the steam-boat, but pulled back to Chippewa. On the morning of the 29th of ijecember, I went out before breakfast, and walked towards the foot of Navy Island, about seven o'clock in the morning before sunrise. I saw a boat belonging to us which had been despatched at four o'clock to row round the island, rounding the foot of the island, aiid pulling in the direction of Schlosser down the river ; when she got aoreast of schlosser, I saw distinctly two discharges of heavy ordnance, from the main American shore, at or near Schlosser. I was of opinion that this was directed at the boat, and I looked for the shot but did not see it fall ; at this time there was a heavy fire from Navy Island, of round shot, grape and canister ; the water was in a foam from the shot all round the boat ; I cannot say that the fire fVom Ihe mainland was directed at the boat, but it only continued while the boat was passing, a man came over from the American eide, who stated, and to the best (XT my recollection made affidavit, that he saw persons at Schlosser firing artillery on that day. There was no American regular or militia force at Schlosser, the place was in possession of the Navy Islanders, and the firing must have come from them ; there were no guns mounted at Fort Schlosser, or any station of troops there. I considered that in attacking and destroying the *'()aroline," we were acting against u vessel of the enemy, and in a place in the possession of the enemy, over which the American Government at the time were exercising no actual authority. Afterwards, about the 10th of January last, I was in command of a schooner intended to cover the landing of the troops on the Island ; I went to sound the channel between Grand Island and Navy Island; I went with two unarmed boats on that service, on passing a militia station on Grand Island, where the Ameeican flag was hoist^, tve were hailed by a party of three or four officers, and al)out twenty men, and ordered to come on shore, which I refused repeatedly ; seeing them prepared to fire, I ordered the men to give way, upon which a fire was opened by the whole party, only one shot struck the boat, which took effect on the rudder head of the boat 1 was steering, but did no damage; this I reported officially to Captain Drew, having desisted from the service of^sounding the channel, finding that I was exposed to a fire both from Navy Island and the American shore at Grand Island, and this must have caused the destruction of the whole party. (Signed) J. Elhslet, Lieut. R. N., Capt. Provincial Marinet. Sworn before me, this 27th day of November, 1838. (Signed) R. B. Sollfvan. n Sub-Inclosure 7 in No. 2. Deposition of Charlea 8. Finlayton. Upper Canada. BEFORE me the Honourable Robert Baldwin Sullivan, one of Her Majesty's Executive Council, in and for the Province of Upper Canada, at the Council Chamber in the city of Toronto, personally came ana appeared Charles Studdart Finlayson, of the village of Grafton, in the district of Newcastle and province aforesaid, Gentleman, who being duly sworn, deposeth and saith as follows : — On the breaking out of the rebel- lion in December last, I joined the Haldimand Troop of Horse, and marched to Toronto, and after remaining in town for some days. I obtained leave to join the Coburg Rife Company on the Niagara froi. tier, and I proceeded to Niagara about the 14tn of December ; I joined the company at Chippewa the next day. The day before I joined, people were seen fn ai our shore on Navy Island, there were very few there to be seen, but in the course of a few days they increased very much ; between that time and the 29th of the same month, when the " Caroline" was destroyed, I saw boats frequently crossing from Schlosser and its vicinity, generally full of men. On the day after the enemy were first seen, I and another of the volunteers named Lundy, offered to cross to Grand Island, on the American side, for information, and we accordingly crossed in a small boat, and inquired of several persons on Grand Island, of the numbers and strength of the body upon Navy Island ; they told us that there were about sixty men there, and that they were armed, and they advised us to return, as it would be* unsafe, were we to fall within the power of the people on Navy Island ; we returned and communicated our information to Colonel Ham; some days afterwards, volunteers from different places came to Chippewa, and Colonel Mc Nab arrived at the head of a large body of men from the District of Gore ; we heard many reports of the increase of men on Navy Island, and we could see them constructing batteries and works on the island. On the morning of the 29th of December, the news came that the " Caroline" was employed by the patriots, and I saw her cro^s from Schlosser to the eastern shore of the island. On the evening of the 29th, about six o'clock, Major Warren told me that he wished for volunteers to go upon particular service during the night; I offered my services; about ten o'clock the volunteers for this service assembled to the number of forty or fifty men ; we were armed with cavalry sabres, some with cutlasses, we were ordered not to take pistols ; none of them in my boat had pistols or fire-arms to my knowledge. We pulled out from Chippewa about eleven o'clock ; we pulled up along shore for a time so as to get the current in our favour, and then struck across towards the foot of Navy Island, and from thence to Schlosser ; we approached the American shore some distance above the wharf where the " Caroline" was lying, and dropped down upon her ; in coming near the boat a person on board of her challenged : — <' Who comes there," this was repeat^ ; I cannot say whether there was an anwser from other boats, but we made none ; we then approached the boat, and just before the boats reached her a shot was fired from the afler part of tne <' Caroline," which I took to be Jired by the sentry who had cnallenged, and Captain Elmsley, in command of our boat, boarded at the bow ; there were many persons on the forecastle, and they got over the side as fast as they could to the wharf. I heard several of our people say, " Do not molest them ;" we did not go with the intention of taking prisoners, or destroying the crew, and therefore no one was hindered from leaving the boat ; there was some noise and apparent resi^ Mace in the after part of the boat, but they made no stand whatever at the bow ; there was heard at this time on order for Mr. EUmsley's boat's crew to guard the wharf, and rve went ashore ; on the wharf we saw a man lying whom we supposed to be dead ; he was lying on some loose boards on the wharf; while our party to the number of four or five remained on the wharf, the party on board commenced f Navy Island by an invading fotxc ifoiu the United States. On hearing that Navy Island was in the posseff ''<. cf ♦^'^o enemy we were ordered to ChipiM^wa. Kor several days helVn , .ne dea- truction of the " Caroline" steamAM)at I observed lM)ats crossing irom the American shore to the island. Three or four days lK>forc the attack upon the 8toamat I saw no person on bourn, either dead or alive ; and I walked along the deck from one end of the boat to the other ; the boat was set fire tg three times in the ladies' cabin and the fire went out, and it took some time to loose the boat ; there was full opportunities for any one on board to come out. On boarding the boat there was no cry of " Give no quarter," or of that nature ; our orders were to take the boat, and, if we could, to bring her across the river ; and if not, to set fire to her. I neither saw or heard any person either dead or alive on board the boat when she was abandoned. A person named Hardy afterwards came over to Chippewa, and he had a scar across his head, which he said he had received on board the " {Caroline'' when she was taken ; he said the steam-boat was chartered for the patriot service, and that the patriots had given security to the owners in case she should be destroyed ; he mentioned the name of a man who was killed, and said, that his brother had sworn vengeance against the perpetrators of the deed ; I do not remember the name. (Signed) P. Warren. Sworn before the Council. (Signed) William H. Lek. Acting Clerk, Executive Council. Sub-Inclo8ure 10 in No. 2. Dtpo$ition of Commander A. Drew. Upper Canada. BEFORE me, the Honourable Robert Baldwin Sullivan, one of Her Majesty's Executive Council for the said province, on the 15th day of December, 1838, at the city of Toronto, personally came and appeared, Andrew Drew, of Woodstock, in the district of London and province aforesaid, Esq;, Commander in Her Majesty's Royal Navy, who, being duly sworn, deposeth and saith as follows : that is to say, on or about the 12tn day of December, 1837, in consequence of reports of a rebellion in the neighbourhood of Toronto, I left home to oHer my services to the government. I travelled all night ; and the next morning I met Colonel Mc Nab at Ancoster advancing with 400 or 500 men. He told me he was going to Oakland to put down a body of rebels who had assembled under Doctor Duncomb. 1 volunteered to go with him ; I went with him through the London district ; when we got as far as Oxford, after having 76 dispersed the rebels, intelligence was received of Mc Kenzie having, with the assistance of men from the United States' territory, occupied Navy Island in the Niagara River, just above the Falls of Niagara. Colonel Mc Nab resolved to march eastward, ond he went to Toronto for orders. I proceeded to Chippewa < pposite to Navy Island with an Aid-de-Camp, to await his arrival, and to make arrangements ; on my arrival at Chippewa I saw Colonel Cameron commanding on the frontier, and I understood from him that Navy Island was occupied, and that he was momentarily expecting an attack from Navy Island. The next day Colonel McNab arrived with a body of militia at Chippewa, and assumed the command. It was immediately determined that Navy Island should be attacked ; and I was employed in preparing boats to take the men across for that purpose. I observed an uninterrupted communication kept up from Schlosser on the American shore with Navy Island by means of boats and two large scows, which I sup|M}scd, and now believe, were occupied in bringing men, arms, warlike stores, and provisions from the American shore to Navy Island. This lasted about three days ; and on the fourth day, in the morning, I first saw the " Caroline." This was on the 29th of December. Alwut ten o'clock in the morning it was rejxirted, that the steam-boat " Caroline" was coming down the river from BufTalo to the assistance of the invaders employed by Mc Kenzie. About noon I saw her make a trip from Schlosser to Navy Island ; about four in the afternoon I saw her cross with a cannon on her deck, which I saw through a telescope, when I was observing her in company with Mr. Harris. I imniediatcty reported the fact to Colonel Mc Nab, that I had seen the boat with a gun and men on board coming to the island. Colonel McNab then usked me, would it not be possible to cut her out? I sitid that there was nothing easier, but that if he wanted it done he had better say nothing al>out it ; his answer to me was, " Well then go and do it." I then went about to beat up for volunteers to go on an exj)edition, without explaining what the expedition was. I got seven boats prepared and armed the crews with sabres, which were removed from a company of dragoons ; I gave orders that no fire-arms should be taken on any pretence ; and I gave as a reason that the night was likely to be dark, and that if the men had fire-arms they were as likely to shoot their friends as their enemies. I said I would trust to my own sword, and I wished the others to do so ; and if any fire-arms were taken it was without my knowledge. I ordered the officers whom I selected for the expedition to have the boats ready, and the men assembled by ten o'clock ; a little after ten I went down to the beach, and found the boats loaded with men; I ordered every man out of the boats, with the exception of eight men and one officer to each boat ; there were seven boats ; and my rejection of the supernumary volunteers caused a good deal of grumbling amongst them who were desirous to join in the expedition ; but I v/as obliged to keep the boats light as we had to contend with a strong current within one mile above the Falls of Niagara. Colonel Mc Nab had previously ordered me to trace the vessel, and the last I had seen of her w.is between Navy Island and Grand Island ; and when night closet!, I did noc know whether she was at Navy Island or at Schlosser. For the purpose of iliscovering where she was we pulled closer to Navy Island than we otherwise wouhl have had occasion to do ; but on pulling round the foot of Navy Island, and seeing nothing of her, we pulled for Schlosser. We started from ChipjM'wa about half past ten, and we arrived at Schlosser about half-past eleven, or thereabouts. We then discovered the lightri in the cabin windows, and we also found a narrow neck of land between us and the steam-b'»at. We then discovered that only five of the lM)at8 had come up. The new moon was shining, and we lav upon our oars for half an hour, until the night became somewhat darker, and then we ptdled a little down the stream, put the boats in a fair way, and dropped down upon our oars ; in about a quarter of an uour, we fell down u|>on the steam-boat, my imat being ahead, the others following in line. It had been previously orderi'd that 1 should board on the starboard gangway, the second lM)at on the starboard bow, and the others according to their stations; when my boat came within about twenty yards, we were hailed from the steam-boat three 77 times, " Boat a hoy, boat a hoy I who comes there ?" An answer was made from the bow of my boat, *' A friend ! " upon which the person hailing from the boat said, " Give us the countersign ;" upon which I said, " I win Oou the countersign when we get on lM>ard." I boarded on the star- gangway, and found five men waiting- to receive mc ; these men did not appear to be armed ; and on reaching the deck, I said, " Now my lads, I want this vessel — go ashore," and I swept them off with the broad side of my cutlass ; three of them went ashore over the larboard gang- way, and on their going more slowlv than 1 wished, I hastened them by prodding them with my cutlass behind ; three of them went ashore, but two slunk behind the ladies' cabin and the bulwark ; immediately after- wards, one of them fired a musket in my face ; the ball passed close to my nose, over the starboard gangway ; 1 immediately cut the man down with my cutlass, and I thought I Killeil him, but 1 fnul from his own statement now shown to me that he is alive. In an instant afterwards, a man attempted to fire a pistol at me, but it flashed in the pan ; I cut him over the ri|^ht arm, and turned him ashore ; just at that time, I heard some shots m the fore part of the vessel, I then went forward and found that she was in our possession, and 1 gave orders for every one to sheath their swords ; I then gave orders to cast off the vessel head and stern, and I sent Llessrs. Radenhurst, Le Penetiere, and Drummond, down to see that there was no person on board. I at the same time gave orders for firing the vessel fore and aft ; just as the fire was lighted, several shots were fired from the shore, as I judged, from the tavern. At this time we had cast her off; we had much chfliculty ; we had to get a light down to see iiow she was moored ; we cast her off, because we wished not to burn the wharf or the buildings. I then ordered every man into the boats, and I remained on board. Just then a man came up the fore hatchway ; I aske a bed in my quarters that night, and the next morning I Save him half a dollar to pay his way across the river, and shortly alter le United Str»tes' Marshal came to claim Mm. I can positively say, that theiT was no cry of " Give no quarter," or any exclamation of the' kind ; our sole object was to obtain possession of the boat, and nothing was doiu» for any other purpose. In ndditioit, I have only to say, that Navy Island is not a place of any resort or trade; it had no population ; it was not a place to wnich the " Caroline" steam-boat could have had any legi- timate or merely contraband business I am certain that the " Caroline" was in the service of the invaders ; there was no trade at the time of the year in which she could have been employed on the river, and it was ira- p 78 possible she could have had amr business at Navy Island, unless in the brigand service. As a naval officer, I am of opinion, that it was of con* sequence, particularly as we had not the slightest hope of American Government interference, to cut off the supplies of men, provisions, ord- nance, arms, and ammunition, which the steam-boat "Caroline" was supplying-, and which might in a short time have made Navy Island a pObt which could not have been attacked without great danj^er and diffi- culty ; and i am certain that the destruction of that boat caused the evacuation of Navy Island without bloodshed, and saved many lives, both American and British, which would otherwise have been lost m an attack and defence of the post. The only reason why the "Caroline" was destroyed, was simply this: — she was engaged in the service of the invaders, without the slightest control or attempt of prevention on the part of the American Government ; and as that Government either could not, or would not, prevent her employment, hostile as it was to Her Majesty's rights and territory, we were not disposed to permit, and v,'ould not, her uncontrolled employr"»nt in a service in which she might cause the loss of many lives, and made the retaking of Navy Island a doubtful and difficult matter. (Signed) Andrew Drew, Sworn before me, Commander Royal Navy. (Signed) R. B. Sullivan. Inclosure 2 in No. 2. Dt'vosition of Samuel Wood, Citizen of the United States. Upper Canada. BE it remembered, that on the 13th day of April, in the year of our Lord 1839, at the city of Toronto, personally came and appeared before me, the honourable Robert Baldwin bullivan, one of Her Majesty's f]xecu- tive Council in and for the said province, Samuel Wood, a prisoner in custody in this district, who being duly sworn on the Hoi • Evangelist, deposeth and saith as follows, that is to say, I was born in the city of New York ; I am now forty-four years of age ; 1 lived in New York until a little better than three years ago ; my trade was that of a shipwright. About sixteen years ago 1 bought 120 acres of land in the town of Huchimer, in the State of New York, about twenty miles north of Utica; I got it in the way of trade ; it cost me about two dollars per acre, though the land was not at the time worth so much. This farm is worth to me at least sixteen dollars per acre. I t'ould not content myself in a farm, so I again went to shipwrighting on Lake Erie. I removed from New York to my farm, which, from the time 1 purchased it, was continually increasing in value, in the year 1835. In the year 1836, I went to Lake Erie to resume my old trade of a shipwright. In the first place I went to Buffalo, where I remained until tne winter of the year 1837. I was there employed at shipwright's work on some scows for the State of New York on the Erie Canal. The first 1 heard of any disturbances in Upper Canada, was from William Lyon Mc Kenzie. I saw him. and Sutherland on the 10th of December, on the stage at the Buffalo Theatre, between seven and eight in the evening. They both made long speeches (here, representing that Canada was so oppressed, that it was impossible to live under the Gov-^rn- ment ; that the Canadians were all ready for revolt, and that it was only necessary that a force from the United States should show itself, to cause a general rising of the people of Upper Canada. At this time I was employed as a shipwright, at work upon some scows belonging to the State of New York, in the canal. Mc Kenzie and Sutherland came to Tonnawanta, and explained \> hat they calculated to do in the C'anadian expedition. I engaged in the patri