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House of Rep . questing the I * He interest wil ment of the U ties of either, State in Van I I respondence in of State in Vai or imprisonmei in Canada, a c I partment and special agent i ' specting this su J Copies of thi ^ andofthelette ' Respectfully To the Pm ^^^^^^^^^BBB^^StoMltflfcj^MBflBil3^4fl&HSilfifc.'»f^AV>''- jpf^ ^ ^.3M£CBU^L ^^^L^lSj^^.^BJ^^^^BI^r'^JFLi ^^^^H^^^^^^^^^^^^^ ^^' hI^^^^^L .] r^^i pfc>-v a%i-i»*liiiiif«i' ^^*^d the 2ist ultimo, re- queeJtmg the President «to communicate to that House, so far as the nub- he interest will permit, the correspondence, if any, between the Govem- ^!^nf '^: ^"'','^- ^'^''' ""'^ *h^t ^^ ^''^' Britain, or the puWic authori- sSte in'v«f 'n''''''"f ? the American citizens no'w British prisoSerfof l| reTonSelce in Z'nffl.^\"'^ ".*^"';^' ^°"°^ '' '^P°^t ^^at tnere is no co?! • nfV^.fV n ^^'^^, ^^owing th.t any American citizens are prisoners of State m Van Dieman's Land. Ou the general subject of the de enSon Z cXrr"' '^'''T' ^^^•^^ United ltates,on aSnt of occu r^^^^^^^^^ iar^Zt knd tr?j;"r'r' *°"^ P'"^^ ''"'' '^' ^^o between this De- LJS o^! ? ^^ Bf"ishmmister, connected with the proceedings of a :rect4 tf^irbjT ^'^^ ^^^^''^"^ ^^^ ^^ ^^ ^^^^^^ ^ -^^ - A - P anJ^^'fL^f I!?'' ^f'^sP/^ndence, and also of the instructions to that agent, p3*Po tho t>- ^ . .r DANIEL WEBSTER. // y / /: loHl Y K r-^ n Doc. No. 39. Mr. Forsyth to Mr. Fox. Department of State, Washington, Jjpril 3, 1838. The President having determined (o send a special agent into the British provinces adjoining the United States on the north, to inquire into and re- port upon the facts alleged by certain persons claiming to be citizens of this Republic, who are now held in confinement in Canada, has for this purpose availed himself of the services of Mr. Aaron Vail, late charg6 d'affaires of this Government at London. To enable Mr. Vail to fulfil satis- factorily the dutits of this delicate and important mission, it will be neces- sary for him to have the countenance of the British local authorities ; and, to this end, I have the honor to request that you will be pleased to furnish him with such letter or letters of introduction to them as shall secure to him all proper facilities in the prosecution of the object proposed. Mr. Vail will leave Washington early to-morrow morning. It is therefore desirable, if you accede to this request, that the letters may be placed in his possession this afternoon. Mr. Vail will cheerfully take charge of any des- patches to the provincial authorities that you may think proper to entrust to him. , ,. I have the honor to be, with high consideration, your obedient servant, JOHN FORSYTH. Henry S. Fox, Esq., &c. Mr. Fox to Mr. ForsytK " Washington, April 3, 1838. Sir : In compliance with the request contained in your letter of this day's date, I have the honor herewith to enclose, open for your perusal, let- J ters of introduction for Mr. Vail, to the Governors of Her Majesty's Pro-| vinces of Lower and Upper Canada. | I have the honor to be, with the highest consideration, your most obe- j dient and humble servant, Hon. John Forstth, &c. \ 9 I Mr, Forsyth to Mr. Vail — Extract. Department op State, Washington, »^pril S, IBS8. Sir: Complaints having reached the President from certain individual!' claiming to be citizens of the United States, that they have unjustly, an& without sufficient proof, been arrested and thrown into the jails ot 1 oront(| and Kingston, in Upper Canada, on suspicion of having been concerned ii| the recent disturbances in that province, and that they are still confined in prison, under circumstances of great cruelty and hardship, and without tn prospect of an immediate trial by jury, the President has deemed it prope to avail himself of your services in the character of special ag^nt, to ascei mmmm^m^. 9ril 3, 1838. into the British re into and re- ) be citizens of la, has for this il, late charg6 il to fulfil satis- ; will be neces- ithorities ; and, ased to furnish II secure to him !ed. Mr. Vail afore desirable, placed in his rge of any des- oper to entrust ledient servant, FORSYTH. pril 3, 1838. It letter of this )ur perusal, let- > Majesty's Pro-| oiir most obe-i H. S. FOX. TATK) Ipril 3, 1838. ain individual" re unjustly, anc jails of Toront( J en concerned i)4 still confined ii^ ind without th eemed it prope a^nt, to ascei I^c. No. 30. S tain the truth of the representations made by the complainants. For this purpose, you will, therefore, repair to Toronto, in Upper Canada ,with- out unnecessary delay, make a minute and careful inquiry into the al- legations contained in the letters referred to, copies of which are herewith delivered to you, and obtain all the facts necess-iry to a full understanding of these cases to be reported to this Department upon your return. The en- closed introductory letter to the local authorities, which has been kindly fur- nished by the British minister here, will secure to you all proper attentions and facilities in the prosecution of the duties of your mission. If, upon a careful investigation of all the circunfstances connected with the arre&t and detention of these individuals, it appears that they, or any of them, are really entitled to :hc interposition of their Government, or -^re confined merely upon suspicion, you will make an informal representation in their behalf in the proper quaiter, and endeavor to obtain tl^eir release, or at least an immediate melioration of their condition, and a prompt trial by a judicial tribunal. To aid in effecting this object, you are authorized, if necessary, to employ legal counsel in their behalf. The statements made in the letters addressed to the Department you will of course not disclose, as, if true or false, they might operate injuriously to the persons so confined. While in Canada, you will make enquiry, generally, into the condition of all prisoners who claim to be citizens of the United States, and give your good offices to any of them whose cases justify your interposition, or whenever you think that they can be given without improperly committing this Government. A general statement of the condition and treatment of all citizens of the United Ntates who may be accused and imprisoned in Upper Canada, will be acceptable to the Department on your return, and you are requested »•' make such minutes of all the iiilbrmation you collect as will enable you to furnish it. JOHN FORSYTH. Aaron Vail, Esq., &c. Mr. l'''a,il lo Mr, Forsyth. — Exlrach. Kingston, Upper Canada, *5pn7 21, 1838. Sir : I arrived here on the 18th histautfrom Montreal, and, aided by the civil and military authorities of the place, from whom, on the recommenda- tion of Sir John Colborne, I have received every facility they could afibrd me, immediately applied myself to the accomplishment of the object of my visit. I have found in the prisons ten individuals claiming the privileges of American citizens, confined on charges and evidence of a nature which leaves me but little doubt of succeeding in eftecting the release of the greater number of them. T shall leave this to-morrow niorniuL' for Toronto, where 1 hope soon to complete the execution ol your instructions. I am, sir, verv respecffullv. vour obedient servant. .. A. VAIL. Hon. John Foki^yth. Secretary of Siuic, iFuohingcan. m^ "^ilMiip*: Uoc. No. 30. Washington, May 5, 183S. ^hlv^r; «. ^"'V *"* °^JT '""''"^^^o'^s of 'he 3d of last month, and agree- aU Ln '"f^^'^''^"'' ^^'•^^"y '"'"le »o me by the Prasident, I proceeded with 9th Th« i"r" V r-T^' '"1 '■^'^^^^^ ^^^'"''^^^ °" ^»^*= morning of the 9th. rhe letter o( which I was the bearer, from the British minister at Washington, to Lieutenatu General Sir John Colborne, commander of the forces m the province!, and administering the government of Lower Cana^ fe, „ll Ih"* '«™r" •'^^P?" °f 'hat officer, and from those acting unSer ^Tntll T T"?"/ '"^ ^'"•'"'"'^ * ^^"'^ have desired towards the attain- ment of thr object of my visit to that place. The only person, howeve" claiming to be a citizen of the United Slates, whom I Lnd m the pTons of Montreal, though arrested with a party of insurgents, was n custody on civil process to answer in damages for injury alle|ed lo have been done by him o he property of a private individual. Having on inquiry a sS^ tamed that no other Americans were in confinement in the lower pro v^ce on charges connected with the late insurrectionary movement, I proceeded to Kmgston, where mtroductory letters from Sir John Colborne tS the civH and military authorities of the place procured me the same attentior's and facilities which I had received at Montreal. "«""ons ana Besides the three individuals whose case was made the subiectof reore- sentation to the President, I found in the Kingston jt.il, and in the fort ad- joining the town, five other Americans, who, although for orie time d >mi ciled in Canada had not changed their allegiance, and still called then - selves citizens of the United States. One of these had, like those first me" loned, been arrested at or near Hickory island, on a charge of intending o oin in the contemplated attack from that quarter; the other four had bLn aken up at various points in the interior on suspicion of co-operatfon in a simultaneous demonstration upon the city from the opposite side. was kindly afforded the opportunity of a private conversation with each of tl^se persons separately, and heard from them the particulars of tLrreiectfve cases and of the treatment they had experienced during their confinement With reference to the nature of the charj^es against LTJoTTTIs referred to the authoriiies at Toronto, to ^vhom^h^papersSb;.en Tr Si f ^"Tp' °-i^' gudt of the three individuals whose case had been tL h?'fh o^''''^'"' ' ^",^ ^' '" ^he other five prisoners, although a - s^ted by the Queen's counsel, who unreservedly communicated to me all the evidence then in his hands, I was unable to discover any documen^ry Fr.f >r '?'" ^ *'^'"^t' ^^l' ''^"' P^°=^««"tions could be instituted, r less It be in two cases where the examination on oath of the prisoners them- selves had been taken down and signed by them Having collected all the information likely to be obtained at Kingston I proceeded to Toronto where I delivered my introductorv lett r to^Ma o General Sir George Arthur, recently appointed Lieutenant Governor"'of Upper Canada. From his excellency also. 1 received the offer of all the assistance it might be in his power to afibrd me ; and accompanied by the President of the Executive Council of the Province, to whose kindness ikew.se I am mdebted for much of the information I wanted, I repaired to the jail, where I was allowed free access to all and each of he American prisoners individually. Of the three who from that place had adTe se3 wa .hlf i°.t ' ^/'r'^'"'' ""\^'^^^ ^'^"^ ^""'^ before been released ; ano her Teriikl to l^H ; ' "P'r^"'"^"^ ""'"^^^ ^'^h mitigating ciraimstan- ces hkely to lead to a smalar result. Against tho thiA ho— r 'H-p I i were acci to plead ecutive c to the Go commuta In add in the cit of Ameri schooner Two had province i had, for It suspicion This latte referred t( their allee of Americ tice of the taken up i had equal protection Out of t there renu tions, to ta which a cc cases appe nial Gove with a vie ally placed From al have come ^tercoiirse a jgovcrnnjci ^tions ever\ lenient dis| jparts in th' of our coil suspicion, ( ^without be ^conduct bei ^acts of ope (Ordinary pc mane provi in the mild ,ture of theii t.nd in a sp J aken the ] Recently cxI Wifli re§ which, uik1( I am bound lect. At K 15^ ay 5, 183S. th, and agree- roceedetl with lorniiig of the 1 minister at lander of the Lower Cana- acting under :1s the attaiu- >n, however, n the prisons n custody on 'e been done quiry ascer- ver province I proceeded B to the civil tentions and iect of repre- 1 the fort ad- ! time domi- salled them- se first men- intending to ur had been leration in a ide. I was ach of these r respective onfinement. 3ple, 1 was d been for- se had been Ithough as- id to me all )cumentary tituted, un- onersthem- Kingston, I r to Major iovernor of r of all the lied by the e kindness repaired to ! American [ addressed d ; another ircumstan- jver, there Doc. No. 39. I . i^h^r-:;tr L f i;H H- ?<= x-^- .referred lo, and bv ulcadinsi..iiliv i„ ih!'!.k b^efi's of the act above jtheir allegiance .o\he Sif 'Si , ', d cS^ielZ';!'' ^'"""'"^^'r^H'^ ' of Americaji cilijenship, I cousiderid 11,1™?!^*'^' '";"■ ™nncialioii .ice of ,he Goverume ,T'„ b iti ed Se? as^'L "L"""","' 'J' "°- [ake,, up ar,„s i„ violaCo,, „f „„r law. as welfaVof bo e?,fVT''';'^""« p™.eS,");f^;S':i:;;-"^" '""- *-- -'^^^^^^^^Cts^ .he';rrel'aiLd"b;r.-ore rX's* ™*T-,^';"Se«v 7 T' "' '^""'"'"' .ion, ,0 lake pur,icular nolieeranl blnaL k h.c Id't',,"'*' '"'"""=; ^ vvbK-1, a copy is auneved, c„„,a,mng a br^ lummarv ^f ' I ^^ f^'""' ^' case., appearing lo ,„e enli.lcd to Ihe fcvorable con idera.l™ „r , r ^'" n,a Gover,„„en,., aud whicb, wi,b ,he as.,«u of sfr GeZc'^I' hS"'",' X'VSi„'w:tc:;i»™,:,5r "° "'■«^' ^-™ ^vr^^^'tHzt ;j=n;ff-:b:rpi;-':s^-- £i;;iS2? .on. every .vhere extended to u,o ; from the spiril of forlX^K^ and thp Icuient disposition I witnessed towards all whi had acted bnTliL^^^^^^ ,parts m ,h.3 Ca.Kunan insurrection, I am kd to a confrdem b Lf SS ol our couulrymeu domiciled in Canada as have been arre ted nn mlt suspicion, or upon charges unsusceptible of direct proof Shn ll ! ,wUhout being formally brought to tVial; and thSflC wZ e ' Jr^f^^^^^^^^ ^conduct betrayed them, in violation of the laws of the Unhed St^ e? in?o ,acts of open hostility against the people of Canada, will, Sr thl^^^^^^^^ .ordinary powers ^^sted m the Chief Magistrate of the province by the hn" mane provisions of the act to which [ have before alluded, be deaU wi h n the mildest^ manner consistent with the demands of just ce and the na ,ture of then oftence, without any feeling of vindictiven^ss or i^senTmem" #.Kl in a spirit of lemty and forgiveness, which, if I am not misSn ha ' hken he p :ice of that policy by which the fearful examples oJsev^ritv Jecently exhibited at Toronto were dictated. ^ ^.everity \^'lfh regard to the treatment of American prisoners, aenerallv int i vhich under your instructions, it was my duty inore especially to inquire am bound to say that I found it free from any intended harslLssTnJ': lea. .-.t ivmgsion, where the common gaol was inadequate to the accom- t a Doc. No. 39. jnodation of so large an accession to the ordinary number of its inmates, the American citizens, with only two exceptions, had been placed in one of the casements of the fort, fitted up for their reception. The room is twenty feet by forty, with two windows and a door opening upon the pa- rade, which appeared to me sufficient for all purposes of light and ventila- tion. It was kept warm and dry by a stove ; and the prisoners had tb«ir beds spread upon platforms erected for the purpose. For one hour each j day they were allowed to walk on the parade ; and, at all times, to see and # correspond with their friends. Their food was the ordinary prison allow- ance, consisting of one pound of bread and one pound of meat, to which they might make any addition their private means would permit. Their answers to my inquiries bore unanimous testimony to the kindness with which they were treated by the officers of the garrison, some of whom had ' carried it so far as to afford pecuniary aid and raiment to such as were en- tirely destitute of private resources. The two men left in the city gaol j occupied the debtor's apartment, and gave equally favorable accounts of / the treatment they received, excepting that the place afforded no conven- iences for exercise in open air. At Toronto, where the gaol is small, and where no other accornmoda- | tions could be procured, the prisoners were more crowded ; but at the time of my visit, they all occupied rooms thoroughly aired and warmed. Some of them complained that, during the first period of their imprisonment, they had been confined in cells, and even put in irons. The explanation given by the keeper was that, when, at first, the number of prisoners was ^ much greater and the gaol less secure, it was deemed necessary to place in f closer confinement those of whom attempts to escape were apprehended. All the prisoners were provided with bedding, either their own, or furnish- ed by the prison; but such of them as had not the means of purchasing provisions, complained that the prison allowance, consisting here of only one pound of bread and a quart of soup, was insullicient. With the ex- ception of complaints made by those who were taken in arms, of harsh- : ness on the part of the military who apprehended them, 1 was unable to discover any grounds of dissatisfaction as to personal treatment, which all agreed in saying had been as humane and free from unnecessary severity - as circumstances had permitted. ' , I have taken occasion in the course of this statement to acknowledge thei^ kind attentions and facilities extended to me by the local authorities, where- 1 ever the purposes of my mission brought me within the range of their ac- 1 quaintance. I recur to the subject in this place for the purpose of expressing I my conviction that much of the friendly feeling by which these civilities were ' prompted, grew out of a proper appreciation on their part of the motives which had determined the President in sending an accredited agent nea^ them, and of a belief that the interchange of views and sentiments, of whicb such an agent would be the organ between them and the American Gov ernment, could not but have a tendency to remove unfavorable impressionsi| on both sides, and to strengthen the good understanding subsisting between* the two Governments. I am, sir, with great respect, your obedient servant, Hon. John Forsyth, ^Secretary of Slate, f'P'anhingtun. A. VAIL. i % m^mn^' Doc. N(i. 39. i I of its inmates, ) placed in one The room is g upon the pa- ht and veniila- )ner8 had th^ir one hour each [nes, to see and { prison allow- tneat, to which permit. Their kindness witli e of whom had ich as were en- in the city gaol ble accounts ol led no conven- er ar.conunoda- but at the time armed. Some imprisonment, he explanation ' prisoners was sary to place in e apprehended, wn, or furnish- ! of purchasing g here of only With the ex- arms, of harsh- was unable to nent, which all lessary severity iktiowledge the horities, where Qge of their ac je of expressing e civilities were , Df the motive-' ted agent nea' ments,of whicli American Gov ble impressions,, sisting botvveer [Enp|omir«.l American citizens in confinement in Upper Canada, who, so far as the undersigned has been made acquainted with their cases, appear to have some claim to the indulgent consideration of his excellency. At Kinuston. John G. Pennock, accused of surreptitiously obtaining the countersign. He states that it was given to him by an officer, who desired him to re- connoitre H'.ckory island. The evidence against him is vague, and the Queen's counsel has offered 'o release him on bail. Amos E. Proctor, aged 17; accused of leaving his home on the night of the contemplated attack upon Kingston. The accusation is not sus- tained by proofs, and the Queen's counsel recommends his release. Nelson Long, aged 22 ; same accusation ; alike unsuppoited; and his discharge is recommended by the Queen's counsel. ^ James Getty, aged 17; same accusation ; the Queen's counsel does not recommend any proceedings against him, but suggests his further deten- tion as a witness. John Holsenburg, Ebenezer Stores, John Packard — arrested on their way to Hickory island, where they state they were going, at the instance of a woman whose husband had joined the rebels, for the purpose of en- deavoring to bring him back to his family. They were unarmed, and the island had been evacuated the day before. In Toronto. Aaron Friel — ^has occasionally been employed as a teacher;- is not in- dicted, nor has petitioned. Mr. Sullivan believes that the charges against him are not of a grave character, and that he will be discharged. K \. VAir.. i