Chapter M: Van Buren

_Mr. Rogers to the President_.

BUFFALO, _December 30, 1837_.

His Excellency MARTIN VAN BUREN,

_President of the United States_.

SIR: Inclosed are copies of affidavits which I have 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 revenging by a resort to arms this flagrant invasion of our territory. Everything that can be done will be by the public authorities to prevent so injudicious a movement. The respective sheriffs 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 consideration, your obedient servant,

H.W. ROGERS,

_District Attorney for Erie County, and Acting for the United States_.

STATE OF NEW YORK, _Niagara County, ss_:

Gilman Appleby, of the city of Buffalo, being sworn, says that he left the port of Buffalo on the morning of the 29th instant in the steamboat _Caroline_, owned by William Wells, of Buffalo, and bound for Schlosser, upon the east side of the Niagara River and within the United States; that this deponent commanded the said _Caroline_, and that she was cleared from Buffalo with a view to run between said Buffalo and Schlosser, carrying passengers, freight, etc.; that this deponent caused the said _Caroline_ to be landed at Black Rock on her way down, and that while at Black Rock this deponent caused the American flag to be run 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; that the said _Caroline_ continued her course down the Niagara River unmolested and landed outside of certain scows or boats attached to Navy Island, where a number of passengers disembarked and, as this deponent supposes, certain articles of freight were landed; that from this point the _Caroline_ ran to Schlosser, arriving there at 3 o'clock in the afternoon; that between this time and dark the _Caroline_ made two trips to Navy Island, landing as before; that at about 6 o'clock in the evening 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 the _Caroline_ numbered ten, and that in the course of the evening twenty-three individuals, all of whom were citizens of the United States, came on board of the _Caroline_ and requested this deponent and other officers of the boat to permit them 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 watch that several boats filled with men were making toward the _Caroline_ from the river, and this deponent immediately gave the alarm, and before he was able to reach the dock the _Caroline_ was boarded by some seventy or eighty men, all of whom were armed; that they immediately commenced a warfare with muskets, swords, and cutlasses upon the defenseless crew and passengers of the _Caroline_ under a fierce cry of "G--d d--n them, give them no quarters; kill every man. Fire! fire!"; that the _Caroline_ was abandoned without resistance, and the only effort made by either the crew or passengers seemed to be to escape slaughter; that this deponent narrowly escaped, having received several wounds, none of which, however, are of a serious character; that immediately after the _Caroline_ fell into the hands of the armed force who boarded her she was set on fire, cut loose from the dock, was towed into the current of the river, there abandoned, 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 which, to wit, Amos Durfee, of Buffalo, 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 H. King and Captain C.F. Harding were seriously though not mortally wounded; several others received slight wounds; 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 immediately after the _Caroline_ was got into the current of the stream and abandoned, as before stated, beacon lights were discovered upon the Canada shore near Chippewa, and after sufficient time had elapsed to enable the boats 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_ were a part of the British forces now stationed at Chippewa.

[Subscribed and sworn to before a commissioner, etc.]

STATE OF NEW YORK, _Niagara County, ss_:

Charles F. Harding, James H. King, Joshua H. Smith, William Seaman, William Kennedy, William Wells, John Leonard, Sylvanus Staring, and John Haggarty, being sworn, severally depose and say that they have heard the foregoing affidavit of Gilman Appleby read; that they were on the _Caroline_ at the time she was boarded as stated in said affidavit, and that all the facts sworn to by said Appleby as occurring after the said _Caroline_ was so boarded as aforesaid are correct and true.

[Subscribed and sworn to before a commissioner, etc.]

_Mr. Poinsett to General Scott_.

DEPARTMENT OF WAR, _January 5, 1838_.

Brevet Major-General WINFIELD SCOTT,

_Washington City_.

SIR: You will repair without delay to the Canada frontier of the United States and assume the military command there.

Herewith you will receive duplicate letters to the governors of the States of New York and Vermont, requesting them to call into the service of the United States such a militia force as you may deem necessary for the defense of that frontier of the United States.

This power has been confided to you in the full persuasion that you will use it discreetly and extend the call only so far as circumstances may seem to require.

It is important that the troops called into the service should be, if possible, exempt from that state of excitement which the late violation of our territory has created, and you will therefore impress upon the governors of these border States the propriety of selecting troops from a portion of the State distant from the theater of action.

The Executive possesses no legal authority to employ the military force to restrain persons within our jurisdiction and who ought to be under our control from violating the laws by making incursions into the territory of neighboring and friendly nations with hostile intent. I can give you, therefore, no instructions on that subject, but request that you will use your influence to prevent such excesses and to preserve 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 requisitions you will designate the number of men and take care that the officers do not exceed a due proportion.

It is deemed important that the administrative branch of the service should be conducted wherever practicable by officers of the Regular Army.

The disposition of the force with regard to the points to be occupied is confided to your discretion, military skill, and intimate knowledge of the country; and the amount of that force must depend upon the character and duration of the contest now going on in Canada and the disposition 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 Schlosser 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.

_Mr. Poinsett to Governor Marcy_.

DEPARTMENT OF WAR, _January 5, 1838_.

His Excellency W.L. MARCY,

_Governor of New York, Albany, N.Y._

SIR: The territory of the United States having been violated by a party of armed men from the Canada shore, and apprehensions being entertained from the highly excited feelings of both parties that similar outrages 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 militia force as may 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 herein set forth.

Very respectfully, your most obedient servant,

J.R. POINSETT

[Same to His Excellency Silas H. Jennison, governor of Vermont, Montpelier, Vt.]

_Mr. Forsyth to Mr. Fox_.

DEPARTMENT OF STATE,

_WASHINGTON, January 5, 1838_.

HENRY S. Fox, Esq., etc.

SIR: By the direction of the President of the United States I have the honor to communicate to you a copy of the evidence furnished to this Department of an extraordinary outrage committed from Her Britannic Majesty's Province of Upper Canada on the persons and property of citizens of the United States within the jurisdiction of the State of New York. The destruction of the property 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 frontier of Canada has produced upon his mind the most painful emotions of surprise and regret. It will 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 punishing the aggressors and preventing future outrage, the President, notwithstanding, has deemed it necessary to order 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 can not 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.

WASHINGTON, _January 12, 1838_.

_To the Senate and House of Representatives of the United States_:

I transmit to Congress copies of a representation from a late grand jury of the county of Washington, in this District, concurred in by two of the judges of the circuit court, of the necessity of the erection of a new jail and a lunatic asylum in this city. I also transmit copies of certain proceedings of the circuit court for the county of Alexandria at the last October term, and of a representation of the grand jury, made with the approbation of the court, showing the unsafe condition of the court-house of that county and the necessity for a new one.

I recommend these objects to the favorable consideration of Congress.

M. VAN BUREN.

WASHINGTON, _January 12, 1838_.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES:

In answer to a resolution of the House of Representatives of the 2d instant, I transmit herewith a report[10] of the Secretary of War, explanatory of the causes which have prevented a compliance with a resolution of that branch of Congress of February 24, 1837.

M. VAN BUREN.

[Footnote 10: Relating to alleged frauds upon the Creek Indians in the sale and purchase of their lands, etc.]

WASHINGTON, _January 13, 1838_.

_To the Senate_:

I transmit to the Senate, for its constitutional action, a treaty made with the Chippewa Indians of Saganaw on the 20th of December, 1837.

M. VAN BUREN.

WASHINGTON, _January 26, 1838_.

_To the House of Representatives of the United States_:

I herewith communicate to the House of Representatives a report from the Secretary of State, with accompanying documents, in answer to their resolution of the 9th instant.