Chapter LXXV (1)

REVOLT IN CANADA: BORDER SYMPATHY: FIRMNESS OF MR. VAN BUREN: PUBLIC PEACE ENDANGERED--AND PRESERVED:--CASE OF MCLEOD.

The revolt which took place in Canada in the winter of 1837-'8 led to consequences which tried the firmness of the administration, and also tried the action of our duplicate form of government in its relations with foreign powers. The revolt commenced imposingly, with a large show of disjointed forces, gaining advantages at the start; but was soon checked by the regular local troops. The French population, being the majority of the people, were chiefly its promoters, with some emigrants from the United States; and when defeated they took refuge on an island in the Niagara River on the British side, near the Canadian coast, and were collecting men and supplies from the United States to renew the contest. From the beginning an intense feeling in behalf of the insurgents manifested itself all along the United States border, upon a line of a thousand miles--from Vermont to Michigan. As soon as blood began to flow on the Canadian side, this feeling broke out into acts on the American side, and into organization for the assistance of the revolting party--the patriots, as they were called. Men assembled and enrolled, formed themselves into companies and battalions, appointed officers--even generals--issued proclamations--forced the public stores and supplied themselves with arms and ammunition: and were certainly assembling in sufficient numbers to have enabled the insurgents to make successful head against any British forces then in the provinces. The whole border line was in a state of excitement and commotion--many determined to cross over, and assist--many more willing to see the assistance given: the smaller part only discountenanced the proceeding and wished to preserve the relations which the laws of the country, and the duties of good neighborhood, required. To the Canadian authorities these movements on the American side were the cause of the deepest solicitude; and not without reason: for the numbers, the inflamed feeling, and the determined temper of these auxiliaries, presented a force impossible for the Canadian authorities to resist, if dashing upon them, and difficult for their own government to restrain. From the first demonstration, and without waiting for any request from the British minister at Washington (Mr. FOX), the President took the steps which showed his determination to have the laws of neutrality respected. A proclamation was immediately issued, admonishing and commanding all citizens to desist from such illegal proceedings, and threatening the guilty with the utmost penalties of the law. But the President knew full well that it was not a case in which a proclamation, and a threat, were to have efficacy; and he took care to add material means to his words. Instructions were issued to all the federal law officers along the border, the marshals and district attorneys, to be vigilant in making arrests: and many were made, and prosecutions instituted. He called upon the governors of the border States to aid in suppressing the illegal movement: which they did. And to these he added all the military and naval resources which could be collected. Major-general Scott was sent to the line, with every disposable regular soldier, and with authority to call on the governors of New York and Michigan for militia and volunteers: several steamboats were chartered on Lake Erie, placed under the command of naval officers, well manned with regular soldiers, and ordered to watch the lake.

The fidelity, and even sternness with which all these lawless expeditions from the United States, were repressed and rebuked by President Van Buren, were shown by him in his last communication to Congress on the subject; in which he said:

"Information has been given to me, derived from official
and other sources, that many citizens of the United States
have associated together to make hostile incursions from our
territory into Canada, and to aid and abet insurrection there,
in violation of the obligations and laws of the United States,
and in open disregard of their own duties as citizens.

"The results of these criminal assaults upon the peace and order
of a neighboring country have been, as was to be expected,
fatally destructive to the misguided or deluded persons engaged
in them, and highly injurious to those in whose behalf they are
professed to have been undertaken. The authorities in Canada,
from intelligence received of such intended movements among our
citizens, have felt themselves obliged to take precautionary
measures against them; have actually embodied the militia,
and assumed an attitude to repel the invasion to which they
believed the colonies were exposed from the United States. A
state of feeling on both sides of the frontier has thus been
produced, which called for prompt and vigorous interference. If
an insurrection existed in Canada, the amicable dispositions of
the United States towards Great Britain, as well as their duty
to themselves, would lead them to maintain a strict neutrality,
and to restrain their citizens from all violations of the laws
which have been passed for its enforcement. But this government
recognizes a still higher obligation to repress all attempts
on the part of its citizens to disturb the peace of a country
where order prevails, or has been re-established. Depredations
by our citizens upon nations at peace with the United States,
or combinations for committing them, have at all times been
regarded by the American government and people with the greatest
abhorrence. Military incursions by our citizens into countries
so situated, and the commission of acts of violence on the
members thereof, in order to effect a change in its government,
or under any pretext whatever, have, from the commencement of
our government, been held equally criminal on the part of those
engaged in them, and as much deserving of punishment as would
be the disturbance of the public peace by the perpetration of
similar acts within our own territory."

By these energetic means, invasions from the American side were prevented; and in a contest with the British regulars and the local troops, the disjointed insurgents, though numerous, were overpowered--dispersed--subjected--or driven out of Canada. Mr. Van Buren had discharged the duties of neutrality most faithfully, not merely in obedience to treaties and the law of nations, but from a high conviction of what was right and proper in itself, and necessary to the well-being of his own country as well as that of a neighboring power. Interruption of friendly intercourse with Great Britain, would be an evil itself, even if limited to such interruption: but the peace of the United States might be endangered: and it was not to be tolerated that bands of disorderly citizens should bring on war. He had done all that the laws, and all that a sense of right and justice required--and successfully, to the repression of hostile movements--and to the satisfaction of the British authorities. Faithfully and ably seconded by his Secretary of State (Mr. Forsyth), and by his Attorney-general (Mr. Gilpin), he succeeded in preserving our neutral relations in the most trying circumstances to which they had ever been exposed, and at large cost of personal popularity to himself: for the sympathy of the border States resented his so earnest interference to prevent aid to the insurgents.

The whole affair was over, and happily, when a most unexpected occurrence revived the difficulty--gave it a new turn--and made the soil of the United States itself, the scene of invasion--of bloodshed--of conflagration--and of abduction. Some remnant of the dispersed insurgents had taken refuge on Navy Island, near the Canadian shore; and reinforced by some Americans, were making a stand there, and threatening a descent upon the British colonies. Their whole number has been ascertained to have been no more than some five hundred--but magnified by rumor at the time to as many thousands. A small steamboat from the American side, owned by a citizen of the United States, was in the habit of carrying men and supplies to this assemblage on the island. Her practices became known to the British military authorities, encamped with some thousand men at Chippewa, opposite the island; and it was determined to take her in the fact, and destroy her. It was then the last of December. A night expedition of boats was fitted out to attack this vessel, moored to the island; but not finding her there, the vessel was sought for in her own waters--found moored to the American shore; and there attacked and destroyed. The news of this outrage was immediately communicated to the President, and by him made known to Congress in a special message--accompanied by the evidence on which the information rested, and by a statement of the steps which the President had taken in consequence. The principal evidence was from the master of the boat--her name, the Caroline--and Schlosser, on the American shore, her home and harbor. After admitting that the boat had been employed in carrying men and supplies to the assemblage on Navy Island, his affidavit continues:

"That from this point the Caroline ran to Schlosser, arriving
there at three 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 six 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 all of 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 towards the
Caroline from the river, and this deponent immediately gave the
alarm; and before he was able to reach the deck, the Caroline
was boarded by some 70 or 80 men, all of whom were armed. That
they immediately commenced a warfare with muskets, swords,
and cutlasses, upon the defenceless crew and passengers of
the Caroline, under a fierce cry of G--d damn them, give them
no quarter; 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 whom, 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 II. 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."

Ample corroborative testimony confirmed this affidavit--for which, in fact, there was no necessity, as the officer in command of the boats made his official report to his superior (Col. McNab), to the same effect--who published it in general orders; and celebrated the event as an exploit. This report varied but little from the American in any respect, and made it worse in others. After stating that he did not find the Caroline at Navy Island, "as expected," he went in search of her, and found her at Grand Island, and moored to the shore. The report proceeds:

"I then assembled the boats off the point of the Island, and
dropped quietly down upon the steamer; we were not discovered
until within twenty yards of her, when the sentry upon the
gangway hailed us, and asked for the countersign, which I told
him we would give when we got on board; he then fired upon us,
when we immediately boarded and found from twenty to thirty men
upon her decks, who were easily overcome, and in two minutes she
was in our possession. As the current was running strong, and
our position close to the Falls of Niagara, I deemed it most
prudent to burn the vessel; but previously to setting her on
fire, we took the precaution to loose her from her moorings, and
turn her out into the stream, to prevent the possibility of the
destruction of anything like American property. In short, all
those on board the steamer who did not resist, were quietly put
on shore, as I thought it possible there might be some American
citizens on board. Those who assailed us, were of course dealt
with according to the usages of war.

"I beg to add, that we brought one prisoner away, a British
subject, in consequence of his acknowledging that he had
belonged to Duncombe's army, and was on board the steamer to
join Mackenzie upon Navy Island. Lieutenant McCormack, of the
Royal Navy, and two others were wounded, and I regret to add
that five or six of the enemy were killed."

This is the official report of Captain Drew, and it adds the crimes of impressment and abduction to all the other enormities of that midnight crime. The man carried away as a British subject, and because he had belonged to the insurgent forces in Canada, could not (even if these allegations had been proved upon him), been delivered up under any demand upon our government: yet he was carried off by violence in the night.

This outrage on the Caroline, reversed the condition of the parties, and changed the tenor of their communications. It now became the part of the United States to complain, and to demand redress; and it was immediately done in a communication from Mr. Forsyth, the Secretary of State, to Mr. Fox, the British minister, at Washington. Under date of January 5th, 1838, the Secretary wrote to him:

"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
cannot be answerable for the effects of the indignation of the
neighboring people of the United States."

In communicating this event to Congress, Mr. Van Buren showed that he had already taken the steps which the peace and honor of the country required. The news of the outrage, spreading through the border States, inflamed the repressed feeling of the people to the highest degree, and formidable retaliatory expeditions were immediately contemplated. The President called all the resources of the frontier into instant requisition to repress these expeditions, and at the same time took measures to obtain redress from the British government. His message to the two Houses said:

"I regret, however, to inform you that an outrage of a most
aggravated character has been committed, accompanied by a
hostile, though temporary invasion of our territory, producing
the strongest feelings of resentment on the part of our citizens
in the neighborhood, and on the whole border line; and that the
excitement previously existing, has been alarmingly increased.
To guard against the possible recurrence of any similar act,
I have thought it indispensable to call out a portion of the
militia to be posted on that frontier. The documents herewith
presented to Congress show the character of the outrage
committed, the measures taken in consequence of its occurrence,
and the necessity for resorting to them. It will also be seen
that the subject was immediately brought to the notice of the
British minister accredited to this country, and the proper
steps taken on our part to obtain the fullest information of all
the circumstances leading to and attendant upon the transaction,
preparatory to a demand for reparation."

The feeling in Congress was hardly less strong than in the border States, on account of this outrage, combining all the crimes of assassination, arson, burglary, and invasion of national territory. An act of Congress was immediately passed, placing large military means, and an appropriation of money in the President's hands, for the protection of our frontier. His demand for redress was unanimously seconded by Congress; and what had been so earnestly deprecated from the beginning, as a consequence of this border trouble--a difficulty between the two nations--had now come to pass; but entirely from the opposite side from which it had been expected. The British government delayed the answer to the demand for redress--avoided the assumption of the criminal act--excused and justified it--but did not assume it: and in fact could not, without contradicting the official reports of her own officers, all negativing the idea of any intention to violate the territory of the United States. The orders to the officer commanding the boats, was to seek the Caroline at Navy Island, where she had been during the day, and was expected to be at night. In pursuance of this order, the fleet of boats went to the island, near midnight; and not finding the offending vessel there, sought her elsewhere. This is the official report of Capt. Drew, of the Royal Navy, commanding the boats: "I immediately directed five boats to be armed, and manned with forty-five volunteers; and, at about eleven o'clock, P. M., we pushed off from the shore for Navy Island, when not finding her there, as expected, we went in search, and found her moored between the island and the main shore." The island here spoken of as the one between which and the main shore, the Caroline was found, was the American island, called Grand Island, any descent upon which, Colonel McNab had that day officially disclaimed, because it was American territory. The United States Attorney for the District of New York, (Mr. Rodgers), then on the border to enforce the laws against the violators of our neutrality, hearing that there was a design to make a descent upon Grand Island, addressed a note to Col. McNab, commanding on the opposite side of the river, to learn its truth; and received this answer:

"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 my
having any intention of the kind, such a proceeding would be in
direct opposition to the wishes and intentions of her Britannic
majesty's government, in this colony, whose servant I have the
honor to be. Entering at once into the feeling which induced
you to address me on this subject, I beg leave to call your
attention to the following facts: That so far from occupying or
intending to occupy, that or any other portion of the American
territory, aggressions of a 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 fired 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, unarmed, manned by British subjects, passing along the
American shore, and without any cause being given, was fired
upon from the American side, near Fort Schlosser, by cannon, the
property, I am told, of the United States."

This was written on the 29th day of December, and it was eleven o'clock of the night of that day that the Caroline was destroyed on the American shore. It was Col. McNab, commanding the forces at Chippewa, that gave the order to destroy the Caroline. The letter and the order were both written the same day--probably within the same hour, as both were written in the afternoon: and they were coincident in import as well as in date. The order was to seek the offending vessel at Navy Island, being British territory, and where she was seen at dark: the letter disclaimed both the fact, and the intent, of invading Grand Island, because it was American territory: and besides the disclaimer for himself, Col. McNab superadded another equally positive in behalf of her Majesty's government in Canada, declaring that such a proceeding would be in direct opposition to the wishes and intentions of the colonial government. In the face of these facts the British government found it difficult, and for a long time impossible, to assume this act of destroying the Caroline as a government proceeding. It was never so assumed during the administration of Mr. Van Buren--a period of upwards of three years--to be precise--(and this is a case which requires precision)--three years and two months and seven days: that is to say, from the 29th of December, 1837, to March 3d, 1841.

When this letter of Col. McNab was read in the House of Representatives (which it was within a few days after it was written), Mr. Fillmore (afterwards President of the United States, and then a representative from the State of New York, and, from that part of the State which included the most disturbed portion of the border), stood up in his place, and said:

"The letter just read by the clerk, at his colleague's request,
was written in reply to one from the district attorney as to the
reported intention of the British to invade Grand Island; and in
it is the declaration that there was no such intention. Now, Mr.
F. would call the attention of the House to the fact that that
letter was written on the 29th December, and that it was on the
very night succeeding the date of it that this gross outrage was
committed on the Caroline. Moreover, he would call the attention
of the House to the well-authenticated fact, that, after burning
the boat, and sending it over the falls, the assassins were
lighted back to McNab's camp, where he was in person, by beacons
lighted there for that purpose. Mr. F. certainly deprecated a
war with Great Britain as sincerely as any gentleman on that
floor could possibly do: and hoped, as earnestly, that these
difficulties would be amicably adjusted between the two nations.
Yet, he must say, that the letter of McNab, instead of affording
grounds for a palliation, was, in reality, a great aggravation
of the outrage. It held out to us the assurance that there was
nothing of the kind to be apprehended; and yet, a few hours
afterwards, this atrocity was perpetrated by an officer sent
directly from the camp of that McNab."

At the time that this was spoken the order of Col. McNab to Captain Drew had not been seen, and consequently it was not known that the letter and the order were coincident in their character, and that the perfidy, implied in Mr. Fillmore's remarks, was not justly attributable to Col. McNab: but it is certain he applauded the act when done: and his letter will stand for a condemnation of it, and for the disavowal of authority to do it.

The invasion of New York was the invasion of the United States, and the President had immediately demanded redress, both for the public outrage, and for the loss of property to the owners of the boat. Mr. Van Buren's entire administration went off without obtaining an answer to these demands. As late as January, 1839--a year after the event--Mr. Stevenson, the United States minister in London, wrote: "I regret to say that no answer has yet been given to my note in the case of the Caroline." And towards the end of the same year, Mr. Forsyth, the American Secretary of State, in writing to him, expressed the belief that an answer would soon be given. He says: "I have had frequent conversations with Mr. Fox in regard to this subject--one of very recent date--and from its tone, the President expects the British government will answer your application in the case without much further delay."--Delay, however, continued; and, as late as December, 1840, no answer having yet been received, the President directed the subject again to be brought to the notice of the British government; and Mr. Forsyth accordingly wrote to Mr. Fox:

"The President deems this to be a proper occasion to remind
the government of her Britannic majesty that the case of the
"Caroline" has been long since brought to the attention of her
Majesty's principal Secretary of State for foreign affairs, who,
up to this day, has not communicated its decision thereupon. It
is hoped that the government of her Majesty will perceive the
importance of no longer leaving the government of the United
States uninformed of its views and intentions upon a subject
which has naturally produced much exasperation, and which has
led to such grave consequences. I avail myself of this occasion
to renew to you the assurance of my distinguished consideration."

This was near the close of Mr. Van Buren's administration, and up to that time it must be noted, _first_, that the British government had not assumed the act of Captain Drew in destroying the Caroline; _secondly_, that it had not answered (had not refused redress) for that act. Another circumstance showed that the government, in its own conduct in relation to those engaged in that affair, had not even indirectly assumed it by rewarding those who did it. Three years after the event, in the House of Commons, Lord John Russell, the premier, was asked in his place, whether it was the intention of ministers to recommend to her Majesty to bestow any reward upon Captain Drew, and others engaged in the affair of the Caroline; to which he replied negatively, and on account of the delicate nature of the subject. His answer was: "No reward had been resolved upon, and as the question involved a subject of a very delicate nature, he must decline to answer it further." Col. McNab had been knighted; not for the destruction of the Caroline on United States territory (which his order did not justify, and his letter condemned), but for his services in putting down the revolt.

Thus the affair stood till near the close of Mr. Van Buren's administration, when an event took place which gave it a new turn, and brought on a most serious question between the United States and Great Britain, and changed the relative positions of the two countries--the United States to become the injured party, claiming redress. The circumstances were these: one Alexander McLeod, inhabitant of the opposite border shore, and a British subject, had been in the habit of boasting that he had been one of the destroyers of the Caroline, and that he had himself killed one of the "damned Yankees." There were enough to repeat these boastings on the American side of the line; and as early as the spring of 1838 the Grand Jury for the county in which the outrage had been committed, found a bill of indictment against him for murder and arson. He was then in Canada, and would never have been troubled upon the indictment if he had remained there; but, with a boldness of conduct which bespoke clear innocence, or insolent defiance, he returned to the seat of the outrage--to the county in which the indictment lay--and publicly exhibited himself in the county town. This was three years after the event; but the memory of the scene was fresh, and indignation boiled at his appearance. He was quickly arrested on the indictment, also sued for damages by the owner of the destroyed boat, and committed to jail--to take his trial in the State court of the county of Niagara. This arrest and imprisonment of McLeod immediately drew an application for his release in a note from Mr. Fox to the American Secretary of State. Under date of the 13th December, 1840, he wrote:

"I feel it my duty to call upon the government of the United
States to take prompt and effectual steps for the liberation
of Mr. McLeod. It is well known that the destruction of
the steamboat 'Caroline' was a public act of persons in
her Majesty's service, obeying the order of their superior
authorities.--That act, therefore, according to the usages of
nations, can only be the subject of discussion between the two
national governments; it cannot justly be made the ground of
legal proceedings in the United States against the individuals
concerned, who were bound to obey the authorities appointed
by their own government. I may add that I believe it is quite
notorious that Mr. McLeod was not one of the party engaged
in the destruction of the steamboat 'Caroline,' and that the
pretended charge upon which he has been imprisoned rests
only upon the perjured testimony of certain Canadian outlaws
and their abettors, who, unfortunately for the peace of that
neighborhood, are still permitted by the authorities of the
State of New York to infest the Canadian frontier. The question,
however, of whether Mr. McLeod was or was not concerned in the
destruction of the 'Caroline,' is beside the purpose of the
present communication. That act was the public act of persons
obeying the constituted authorities of her Majesty's province.
The national government of the United States thought themselves
called upon to remonstrate against it; and a remonstrance
which the President did accordingly address to her Majesty's
government is still, I believe, a pending subject of diplomatic
discussion between her Majesty's government and the United
States legation in London. I feel, therefore, justified in
expecting that the President's government will see the justice
and the necessity of causing the present immediate release of
Mr. McLeod, as well as of taking such steps as may be requisite
for preventing others of her Majesty's subjects from being
persecuted, or molested in the United States in a similar manner
for the future."

This note of Mr. Fox is fair and unexceptionable--free from menace--and notable in showing that the demand for redress for the affair of the Caroline was still under diplomatic discussion in London, and that the British government had not then assumed the act of Captain Drew. The answer of Mr. Forsyth was prompt and clear--covering the questions arising out of our duplicate form of government, and the law of nations--and explicit upon the rights of the States, the duties of the federal government, and the principles of national law. It is one of the few answers of the kind which circumstances have arisen to draw from our government, and deserves to be well considered for its luminous and correct expositions of the important questions of which it treats. Under date of the 28th of December, and writing under the instructions of the President, he says:

"The jurisdiction of the several States which constitute the
Union is, within its appropriate sphere, perfectly independent
of the federal government. The offence with which Mr. McLeod is
charged was committed within the territory, and against the laws
and citizens of the State of New York, and is one that comes
clearly within the competency of her tribunals. It does not,
therefore, present an occasion where, under the constitution
and laws of the Union, the interposition called for would be
proper, or for which a warrant can be found in the powers
with which the federal executive is invested. Nor would the
circumstances to which you have referred, or the reasons you
have urged, justify the exertion of such a power, if it existed.
The transaction out of which the question arises, presents the
case of a most unjustifiable invasion, in time of peace, of a
portion of the territory of the United States, by a band of
armed men from the adjacent territory of Canada, the forcible
capture by them within our own waters, and the subsequent
destruction of a steamboat, the property of a citizen of the
United States, and the murder of one or more American citizens.
If arrested at the time, the offenders might unquestionably
have been brought to justice by the judicial authorities of the
State within whose acknowledged territory these crimes were
committed; and their subsequent voluntary entrance within that
territory, places them in the same situation. The President is
not aware of any principle of international law, or, indeed, of
reason or justice, which entitles such offenders to impunity
before the legal tribunals, when coming voluntarily within
their independent and undoubted jurisdiction, because they
acted in obedience to their superior authorities, or because
their acts have become the subject of diplomatic discussion
between the two governments. These methods of redress, the legal
prosecution of the offenders, and the application of their
government for satisfaction, are independent of each other, and
may be separately and simultaneously pursued. The avowal or
justification of the outrages by the British authorities might
be a ground of complaint with the government of the United
States, distinct from the violation of the territory and laws
of the State of New York. The application of the government
of the Union to that of Great Britain, for the redress of an
authorized outrage of the peace, dignity, and rights of the
United States, cannot deprive the State of New York of her
undoubted right of vindicating, through the exercise of her
judicial power, the property and lives of her citizens. You have
very properly regarded the alleged absence of Mr. McLeod from
the scene of the offence at the time when it was committed,
as not material to the decision of the present question. That
is a matter to be decided by legal evidence; and the sincere
desire of the President is, that it may be satisfactorily
established. If the destruction of the Caroline was a public act
of persons in her Majesty's service, obeying the order of their
superior authorities, this fact has not been communicated to
the government of the United States by a person authorized to
make the admission; and it will be for the court which has taken
cognizance of the offence with which Mr. McLeod is charged, to
decide upon its validity when legally established before it."

This answer to Mr. Fox, was read in the two Houses of Congress, on the 5th of January, and was heard with great approbation--apparently unanimous in the Senate. It went to London, and on the 8th and 9th of February, gave rise to some questions and answers, which showed that the British government did not take its stand in approving the burning of the Caroline, until after the presidential election of 1840--until after that election had ensured a change of administration in the United States. On the 8th of February, to inquiries as to what steps had been taken to secure the liberation of McLeod, the answers were general from Lord Palmerston and Lord Melbourne, "_That her Majesty's ministers would take those measures which, in their estimation, would be best calculated to secure the safety of her Majesty's subjects, and to vindicate the honor of the British nation_." This answer was a key to the instructions actually given to Mr. Fox, showing that they were framed upon a calculation of what would be most effective, and not upon a conviction of what was right. They would do what they thought would accomplish the purpose; and the event showed that the calculation led them to exhibit the war attitude--to assume the offence of McLeod, and to bully the new administration. And here it is to be well noted that the British ministry, up to that time, had done nothing to recognize the act of Captain Drew. Neither to the American minister in London, nor to the Secretary of State here, had they assumed it. More than that: they carefully abstained from indirect, or implied assumption, by withholding pensions to their wounded officers in that affair--one of whom had five severe wounds. This fact was brought out at this time by a question from Mr. Hume in the House of Commons to Lord John Russell, in which--

"He wished to ask the noble lord a question relating to a matter
of fact. He believed that, in the expedition which had been
formed for the destruction of the Caroline, certain officers,
who held commissions in her Majesty's army and navy, were
concerned in that affair, and that some of these officers had,
in the execution of the orders which were issued, received
wounds. The question he wished to ask was, whether or not her
Majesty's government had thought proper to award pensions to
those officers, corresponding in amount with those which were
usually granted for wounds received in the regular service of
her Majesty."

This was a pointed question, and carrying an argument along with it. Had the wounded officers received the usual pension? If not, there must be a reason for departing from the usual practice; and the answer showed that the practice had been departed from. Lord John Russell replied:

"_That he was not aware of any pensions having been granted to
those officers who were wounded in the expedition against the
Caroline._"

This was sufficiently explicit, and showed that up to the 8th day of February, 1841, the act of Captain Drew had not been even indirectly, or impliedly recognized. But the matter did not stop there. Mr. Hume, a thoroughly business member, not satisfied with an answer which merely implied that the government had not sanctioned the measure, followed it up with a recapitulation of circumstances to show that the government had not answered, one way or the other, during the three years that the United States had been calling for redress; and ending with a plain interrogatory for information on that point.

"He said that the noble lord (Palmerston), had just made a
speech in answer to certain questions which had been put to him
by the noble lord, the member for North Lancashire; but he (Mr.
Hume) wished to ask the House to suspend their opinion upon
the subject until they had the whole of the papers laid before
the House. He had himself papers in his possession, that would
explain many things connected with this question, and which,
by-the-bye, were not exactly consistent with the statement which
had just been made. It appeared by the papers which he had in
his possession, that in January, 1838, a motion was made in the
U. S. House of Representatives, calling upon the President to
place upon the table of the House, all the papers respecting
the Caroline, and all the correspondence which had passed
between the government of the United States and the British
government on the subject of the destruction of the Caroline. In
consequence of that motion, certain papers were laid upon the
table, including one from Mr. Stevenson, the present minister
here from the U. States. These were accompanied by a long
letter, dated the 15th of May, 1838, from that gentleman, and
in that letter, the burning of the Caroline was characterized
in very strong language. He also stated, that agreeably to
the orders of the President, he had laid before the British
government the whole of the evidence relating to the subject,
which had been taken upon the spot, and Mr. Stevenson _denied he
had ever been informed that the expedition against the Caroline
was authorized or sanctioned by the British government_. Now,
from May, 1838, the time when the letter had been written, up
to this hour, no answer had been given to that letter, nor had
any satisfaction been given by the British government upon this
subject. In a letter dated from London, the 2d of July, Mr.
Stevenson stated that he had not received any answer upon the
subject, and that he did not wish to press the subject further;
but if the government of the United States wished him to do so,
he prayed to be informed of it. By the statement which had taken
place in the House of Congress, it appeared that the government
of the United States had been ignorant of any information
that could lead them to suppose that the enterprise against
the Caroline had been undertaken by the orders of the British
government, or by British authority. That he believed was the
ground upon which Mr. Forsyth acted as he had done. He takes his
objections, and denies the allegation of Mr. Fox, that neither
had he nor her Majesty's government made any communication to
him or the authorities of the United States, that the British
government had _authorized the destruction of the Caroline_.
He (Mr. Hume) therefore hoped that no discussion would take
place, until all the papers connected with the matter were
laid before the House. He wished to know what the nature of
those communications was with Mr. Stevenson and her Majesty's
government which had induced him to act as he had done."

Thus the ministry were told to their faces, and in the face of the whole Parliament, that for the space of three years, and under repeated calls, they had never assumed the destruction of the Caroline: and to that assertion the ministry _then_ made no answer. On the following day the subject was again taken up, "_and in the course of it Lord Palmerston admitted that the government approved of the burning of the Caroline_." So says the Parliamentary Register of Debates, and adds: "_The conversation was getting rather warm, when Sir Robert Peel interposed by a motion on the affairs of Persia._" This was the first knowledge that the British parliament had of the assumption of that act, which undoubtedly had just been resolved upon. It is clear that Lord Palmerston was the presiding spirit of this resolve. He is a bold man, and a man of judgment in his boldness. He probably never would have made such an assumption in dealing with General Jackson: he certainly made no such assumption during the three years he had to deal with the Van Buren administration. The conversation was "getting warm;" and well it might: for this pregnant assumption, so long delayed, and so given, was entirely gratuitous, and unwarranted by the facts. Col. McNab was the commanding officer, and gave all the orders that were given. Captain Drew's report to him shows that his orders were to destroy the vessel at Navy Island: McNab's letter of the same day to the United States District Attorney (Rodgers), shows that he would not authorize an expedition upon United States territory; and his sworn testimony on the trial of McLeod shows that he did not do it in his orders to Captain Drew. That testimony says:

"I do remember the last time the steamboat Caroline came down
previous to her destruction; from the information I received, I
had every reason to believe that she came down for the express
purpose of assisting the rebels and brigands on Navy Island with
arms, men, ammunition, provisions, stores, &c.; to ascertain
this fact, I sent two officers with instructions to watch the
movements of the boat, to note the same, and report to me; they
reported they saw her land a cannon (a six or nine-pounder),
several men armed and equipped as soldiers, and that she had
dropped her anchor on the east side of Navy Island; on the
information I had previously received from highly respectable
persons in Buffalo, together with the report of these gentlemen,
I determined to destroy her that night. I intrusted the command
of the expedition for the purposes aforesaid, to Capt. A. Drew,
royal navy; seven boats were equipped, and left the Canadian
shore; I do not recollect the number of men in each boat;
Captain Drew held the rank of commander in her Majesty's royal
navy; I ordered the expedition, and first communicated it to
Capt. Andrew Drew, on the beach, where the men embarked a short
time previous to their embarkation; Captain Drew was ordered
to take and destroy the Caroline wherever he could find her;
I gave the order as officer in command of the forces assembled
for the purposes aforesaid; they embarked at the mouth of the
Chippewa river; in my orders to Captain Drew nothing was said
about invading the territory of the United States, but such was
their nature that Captain Drew might feel himself justified in
destroying the boat wherever he might find her."

From this testimony it is clear that McNab gave no order to invade the territory of the United States; and the whole tenor of his testimony agrees with Captain Drew's report, that it was "expected" to have found the Caroline at Navy Island, where she was in fact immediately before, and where McNab saw her while planning the expedition. No such order was then given by him--nor by any other authority; for the local government in Quebec knew no more of it than the British ministry in London. Besides, Col. McNab was only the military commander to suppress the insurrection. He had no authority, for he disclaimed it, to invade an American possession; and if the British government had given such authority, which they had not, it would have been an outrage to the United States, not to be overlooked. They then assumed an act which they had not done; and assumed it! and took a war attitude! and all upon a calculation that it was the most effectual way to get McLeod released. It was in the evening of the 4th day of March that all Washington city was roused by the rumor of this assumption and demand: and on the 12th day of that month they were all formally communicated to our government. It was to the new administration that this formidable communication was addressed--and addressed at the earliest moment that decency would permit. The effect was to the full extent all that could have been calculated upon; and wholly reversed the stand taken under Mr. Van Buren's administration. The burning of the Caroline was admitted to be an act of war, for which the sovereign, and not the perpetrators, was liable: the invasion of the American soil was also an act of war: the surrender of McLeod could not be effected by an _order_ of the federal government, because he was in the hands of a State court, charged with crimes against the laws of that State: but the United States became his defender and protector, with a determination to save him harmless: and all this was immediately communicated to Mr. Fox in unofficial interviews, before the formal communication could be drawn up and delivered. Lord Palmerston's policy was triumphant; and it is necessary to show it in order to show in what manner the Caroline affair was brought to a conclusion; and in its train that of the northeastern boundary, so long disputed; and that of the north-western boundary, never before disputed; and that of the liberated slaves on their way from one United States port to another: and all other questions besides which England wished settled. For, emboldened by the success of the Palmerstonian policy in the case of the Caroline, it was incontinently applied in all other cases of dispute between the countries--and with the same success. But of this hereafter. The point at present is, to show, as has been shown, that the assumption of this outrage was not made until three years after the event, and then upon a calculation of its efficiency, and contrary to the facts of the case; and when made, accompanied by large naval and military demonstrations--troops sent to Canada--ships to Halifax--newspapers to ourselves, the _Times_ especially--all odorous of gunpowder and clamorous for war.

This is dry detail, but essential to the scope of this work, more occupied with telling how things were done than what was done: and in pursuing this view it is amazing to see by what arts and contrivances--by what trifles and accidents--the great affairs of nations, as well as the small ones of individuals, are often decided. The finale in this case was truly ridiculous: for, after all this disturbance and commotion--two great nations standing to their arms, exhausting diplomacy, and inflaming the people to the war point--after the formal assumption of McLeod's offence, and war threatened for his release, it turned out that he was not there! and was acquitted by an American jury on ample evidence. He had slept that night in Chippewa, and only heard of the act the next morning at the breakfast table--when he wished he had been there. Which wish afterwards ripened into an assertion that he was there! and, further, had himself killed one of the damned Yankees--by no means the first instance of a man boasting of performing exploits in a fight which he did not see. But what a lesson it teaches to nations! Two great countries brought to angry feelings, to criminative diplomacy, to armed preparation, to war threats--their governments and people in commotion--their authorities all in council, and taxing their skill and courage to the uttermost: and all to settle a national quarrel as despicable in its origin as the causes of tavern brawls; and exceedingly similar to the origin of such brawls. McLeod's false and idle boast was the cause of all this serious difficulty between two great Powers.

Mr. Fox had delivered his formal demand and threat on the 12th day of March: the administration immediately undertook McLeod's release. The assumption of his imputed act had occasioned some warm words in the British House of Commons, where it was known to be gratuitous: its communication created no warmth in our cabinet, but a cold chill rather, where every spring was immediately put in action to release McLeod. Being in the hands of a State court, no order could be given for his liberation; but all the authorities in New York were immediately applied to--governor, legislature, supreme court, local court--all in vain: and then the United States assumed his defence, and sent the Attorney-General, Mr. Crittenden, to manage his defence, and General Scott, of the United States army, to protect him from popular violence; and hastened to lay all their steps before the British minister as fast as they were taken.

The acquittal of McLeod was honorable to the jury that gave it; and his trial was honorable to the judge, who, while asserting the right to try the man, yet took care that the trial should be fair. The judges of the Supreme Court (Bronson, Nelson, and Cowan) refused the _habeas corpus_ which would take him out of the State: the Circuit judge gave him a fair trial. It was satisfactory to the British; and put an end to their complaint against us: unhappily it seemed to put an end to our complaint against them. All was postponed for a future general treaty--the invasion of territory, the killing of citizens, the arson of the boat, the impressment and abduction of a supposed British subject--all, all were postponed to the day of general settlement: and when that day came all were given up.

The conduct of the administration in the settlement of the affair became a subject of discussion in both Houses of Congress, and was severely censured by the democracy, and zealously defended by the whigs. Mr. Charles Jared Ingersoll, after a full statement of the extraordinary and successful efforts of the administration of Mr. Van Buren to prevent any aid to the insurgents from the American side, proceeded to say: