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Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est film^ d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivantb illustrent la mdthode. errata i to ? pelure, on d n 32X 1 2 3 1 2 3 4 5 6 i . — . .= ^•- ^x'N^ -s 25th Congress, 2d Session. r Doc. No. 73. I *- erf 7 / . :j- (/-'■ Ho. OP Rfps. Executive. ■■ I I I p ■■ ■ n J NORTHERN FRONTIER. 3IESSAGE FBOM FEB 2 1 ;93S THE PRESIDENT OF THE UNITED STATES, Upon the subject ^of the Disturbance on the Northern Frontier qf the ' United States. •':- > January 8, 1838. So much as relates to an appropriation referred to tiie Commitlee of Way» and Means j the residue to tliQ Committee on Foreign Afiairi. To the Senate and House qf lieprescntatives of the United States : 111 the highly excited state of feeling on the Northern frontier, occasioned by the disturbances in Canada, it was to be apprehended ihat causes of complaint might arise on the line dividing the United States from her Britannic Majesty's dominions. Every precaution was, therefore, taken on our part, authorized by the existing laws ; and, as the troops of the Provinces were imbodied on the Canadian side, it was hoped that no serious violation of the rights of the United States would bo permitted to occur. I regret, however, to inform you, that an outrage of a most ag- gravated character has been committed, accompanied by a hostile though temporary invasion of our territory, producing the strongest feelings of resentment on the part of oit citizens in the neighborhood, and on the whole border lino ; and that the excitement previously existing has been alarmingly iiicreas(>d. To guard against the possible recurrence of any similar act, I have thought it indispensable to call out a portion of the militia, to bo ])osted on that frontier. The documents herewith presented to Congress show the character of the outrage committed, the measures taken in consetiuence of its occurrence, and the necessity for resorting to them. It will also bo seen that the subject was immetUately brought to the notice of the Hritish minister accredited to this country, and the proper steps taken, on our part, to obtain \\w fullest information of all tho circumstances leading to and attendant upon tho transaction, preparatory to a demand for reparation. I ask such api)ropriations as the cirmim- Btances in which our country is thus unexpectedly placed retpiife. *%' ' M. VAN aUREN, i Washimoton, January 8, 1838, ■% Mil m * ^ » •• ■ .7 I ■J \ [ Doc. No. 73. J List of papers. H. W. Rogers to the President, dated 30th December, 1837. The Secretary of War to General Scott, 5th January, 1S3S. The Secretary ofWar to Governor Mnrcy, do. Mr. Forsyth to Mr. Fox, do. Mr. Rogers to the Prcsidejit. Buffalo, December 30, 1837. To his excellency Martin Van Buren, President of the United States: Sir: Enclosed are copies of affidavits which I liave prepared in great haste, and which contain all that is material in relation to the gross and extraordinary transaction to which they relate. Our, whole frontier is in commotion, and I fear it will be difficult to restrain our citizens from re- venging, by a resort to arms, this flagrant invasion of oiu' territory. Every thing that can be done will be by the public authorities to pre^f^nt so in- judicious a movement. The respective slierills of Erie and Niagara have taken the responsibility of calling out the militia to guard the frontier, and prevent any further depredations. I am, sir, with great considcr.-ition. Your obedient servant, n. W. ROGERS, Dist. Atl^y for Erie county, and act^ g fur the U. S. State op New York, Niagara county, ss: Gilman Appleby, of tiie city of Bullalo, l)eing sworn, says that he left the port of Butlalo on ihc in )rniMg of the i»!)th instant, in tlic steamboat Caroline, owned by William Wells, of Htitliilo, and l)()uu(l for Schlosser, upon the east side of the Niagara river, and within the United States; that this deponent commanded the said ("iiioline, and that slie was cleared from Bufl'ido with a view to run between s":id Butlalo ;ni(l Schlosser, car- rying passengers, freight, &c.; tluit this deponent caused tlie said Caroline to bo landed at 13lack Rock, on her way down, and tliat while at Black Rock this deponent caused the American ling to be rtm up; and that, soon after leaving Black Rock harbor, a volley of musketry was discharged at the Caroline from the Canada shore, but without injury; tiiat the said Carolitio continued her course down the Niagara river unmolested, and landed outside of certain scows or boats attached to Navy island, wiiere a number of ])assengers disembarked, and, as this deponent supposes, certain articles of freight were landed; that, from \h'v point, the Caroline ran to Schlosser, arriving llu're at three o'clock in tlio afte noon: that lietwoen tliis time and dark the Caroline made two trips to Navy island, liuiding as before; that at about six o'elnck in the evenu'g this deponent caused the said Caroline to be landed at Schlosser, and made fast with chains to the dock at that place; that the crew and officers of Jhe Caroline numbered ten; uud that in tlie course of the evening twe^ity-three uidividuuls, all of V^ 7. S. r30, 1837. lared in great the gross and I frontier is in izens from re- ritory. Every pres'f^nt so in- Niaguru have le frontier, and for the U, S. lys tliat ho left the steamboat lor Schlosser, 0(1 Slates; that le was cleared S(lilosscr,oar- ' sail! Caroline while at Black ; and that, soon is discharged at '; that the said inmolest(Hi, and island, wiiere a lipposes, certain Caroline ran to i: that hetwoen land, landing as nent caused tlio tl\ chains to the oline nnnd>erod idividiuds, all of [ Doc. No. 73. ] 3 whom were citizens of the United States, came on board of the Caroline, and requested ihis deponent and other officers of the boat to permit ^hem to remain on board during the night, as they were unable to get lodgings at the tavern near by. These requests were acceded to, and the persons thus coming on board retired to rest, as did also the crew and officers of the Caroline, except such as were stationed to watch during the night. That about midnight this deponent was informed by one of the watcfithat several boats, filled with men, were making towards the Caroline from the river, and tliis deponent iuuuediately gave the alarm, and before he was able to reach the dock the Caroline was boarded by some 70 or 80 men, all of whom were armed; that they immediately commenced a war- fare with nmskets, swords, and cutlasses, upon the defenceless crew and passengers of the Caroline, under a fierce cry of G — d damn them — give them no quarters — kill every nian — fire! fire! That the CaroUne was abandoned without resistance, and the only effort made by either the crew or passengers seemed to be to escape slaughter; that this deponent nar- rowly escaped, having received several wounds, none of which, however, are of a serious character; that immediately after the Caroline fell hito the Lands of the armed force wl.o boarded her, she was set on fire, cut loose from the dock, was towed into the current of the river, there aban- doned, and soon after descended the Niagara falls; that this deponent has made vigilant search after the individuals, thirty-three in number, who are known to have been on the Caroline at the time she was boarded, and twenty-one only are to be found; one of whom, to wit, Amos Diu'fee, of IJutfalo, was found dead upon the dock, having received a shot from a musket, the ball of which penetrated the back part of the head, and came out at the forehead. James 11. King and Captain C. F. Harding were .seriously, though not mortally, wounded. Several others received slight wotnids. The twelve individuals who are missing, this deponent has no doubt were either murdered upon the steamboat, or found a watery grave in the cataract of the falls. And this deponent further says that, immedi- ately after the Caroline was got into the current of the stream and aban- donmher 30, 1837. before me, S. B. PIPER, Commissioner of Deeds for Niagara county. State of Nkw Yokk,? Niagara cnanti/., 5 "* Charles V. lliirding, James II. King, Joshua TI. Sniith, William Sea- man. William Kt'iiiiedy. William Wells, John Leonard, Sylvanus Staring, and John llaggarly, being sworn, severally, depose and say, that they have heard the lor.!gonig alfidavit of (lihniui .\pi)leby read ; that they were on the Caroline at the time she was hoarde-d, as stated in said affida- t'1 4 4 [ Doc. No. 73. ] vit ; and that all the facts sworn to by said Appleby, as occurring after the said Carolhie was so boarded, as aforesaid, are correct and true. C. F. HARDING, J. H. KING, J. H. SMITH, WM. SEAMAN, WILLIAM KENNEDY, WM. WELLS, JOHN LEONARD, SYLVANUS STARING, JOHN C. HAGGARTY. Sworn and subscribed December 30, 1837, before me, S. B. PIPER, Co7nmisswner of Deeds fur Niagara county. f I I *"^^=i>^ Mr. Poinsett to ''jcneral Scott. Department of War, January 5, 18'J8. Sir : You will repair, witb.out delay, to the Canada frontier of the Uni- ted States, and assume the military commaud there. Herewith you will receive duplicate letters to the Governors of the States of New York and Vermont, reciuesting them io call into the ser- X'ice of the United States such a militia force as you may deem necessary for the defence of that froiUier of the United States. This power has been coniided to you in the full persuasion that you will use it discreetly, and extend the call only so far as circumstances may seem to re(piire. It is important that the troops called into the service should be, if pos- sible, exemjit from that state of excitement which the late violation of our territory has created ; and you will therefore impress iipo;-. the Gov- ernors of these border States the propriety of selcctin^j t:oops from a por- tion of the State distant from the theatre of action The Executive possesses no l(>gal authority to employ the military force to restrain persons within oiu- jurisdiction, and wno ought to be uniler our control, from violating the laws, l)y ni;iking incu'sions into the territory of neighboring and friendly nations, witii hostile intent. I can give you, therefore, no instructions on that subject ; but request that you Avill use your inlluencc to pr(>vent such excesses, iind to prescrvi; the character of this Government for good faith and a proper regard for the rights of friendly Powers. The militia will be called into the service for three months, unless .sooner discharged ; and in your re([uisiti(»ns you will designate the num- ber of men, and take care that the ollicers do not exceed a due j)roportion. It is deemed important that the administrative branch of the service should be conducted, wherever practicable, by ofliccirs of the regular army. The disposition of the force with regard to (he points lo 1)0 occupied is confided to your discretion, military skill, and intimate knowledge of the country ; and the amount of that force nuist dtpend upon the char- Si, honoi partn jesty of III The ( St;U( s- [ Doc. No. 73. J & rring after the rue. KG, lN, ENNEDY, 1 ARD, STARING, GGARTY. IPER, ara county. V War, (try 5, 18')8. icr of the 'Jni- iV(!rnors of the [ill into the ser- leein necessary lasion that you unistances may )uld he, if pos- ate violation of iipo:-. the Gov- jps from a por- e military force to bo under our the territory of ; can give you, lat you Avill use the character of or the rights of months, unless gnate the muu- due j)r(>i)()rtion. of the service >e regular army. ■i lo be occupied Le knowledge of upon the char- acter and duration of the congest now going on in Canada, and the dispo- sition manifested by the people and the public authorities of that colony. The President indulges a hope that outrages similar to that which lately occurred at Sclilosser will not be repeated ; and that you will be able to maintain the peace of that frontier without being called upon to use the force which has been confided to you. Very respectfully, Your most obedient servant, J. R. POINSETT. Brevet Major General Winfield Scott, Washington City. Mr. Poinsett to Governor Marcy. Department of War, January 5, 1838. Sir : The territory of the United States having been violated by a party of armed men from the Canada shore, and apprehensions being enter- tained, from the highly-excited feelings of both parties, that similar out- rages may lead to an invasion of our soil, the President has thought proper to exercise the authority vested in him by law, and call out such a militia force as mav be deemed necessary to protect the frontiers of the United States. I am, in consequence, instructed by the President to request you will call into the service of the United States, and place under the command of Brevet Major General Scott, such militia force as he may require to be employed on the Canada frontier, for the purpose herehi set forth. Very respectfully. Your most obedient servant, J. R. POINSETT. His Excellency W. L. Marcy, Governor of New York, Jllbany, N. Y. [Same to his Excellency Silas H. Jennison, Governor of Vermont, Mont- pelier, Vermont.] ?{r. Forsyth to Mr. Fox. Department of State, Washingto7i, January 5, 1838. Sir : By the direction of the President of the United States, I have the honor to conmumicate to you a copy of the evidence furnished to this'.De- partment, of an extraordinary outrage committed from her Britannic Ma- jesty's Province of Upper Can[\dn,on tlip persons and pro].erty of citizens of the United States, within the jurisdiction of the State of New York. The destruction of the pr()i)erty,and assassination of citizens of the United States, on the soil of New York, at the moment when, as is well known to you, the President was anxiously endeavoring to allay the excitement, and earnestly seeking to prevent any unfortunate occurrence on the fron- t V' n 6 [ Doc. No. 73. ] tier of Canada, has produced upon his mind the most painful emotions of surprise and regret. It wiil necessarily form the subject of a demand for redress upon her Majesty's Government. This communication is made to you under the expectation that, through your instrumentality, an early explanation may be obtained, from the authorities of Upper Canada, of all the circumstances of the transaction ; and that, by your advice to those authorities, such decisive precautions may be used as will render the perpetration of similar acts hereafter impossible. Not doubting the disposition of the Government of Upper Canada to do its duty in pun- ishing the aggressors, and preventing future outrage, the President, not- withstanding, has deemed it necessary to ordeY a sufficient force on the frontier, to repel any attempt of a like character, and to make known to you that, if it should occur, he cannot be answerable for the effects of the indignation of the neighboring people of the United States. I take this occasion to renew to you the assurance of my distinguished consideration. JOHN FORSYTH. Henry S. Fox, Esq., (§'c. 1 it ' fi. H; iful emotions of •f a demand for cation is made Qtality, an early oper Canada, of your advice to as will render ft doubting the its duty in pun- President, not- it force on the nake known to ic eflects of the i ' ly distinguished FORSYTH. Jr- ./ If