Part 23

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.

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.

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

Mr. Forsyth to Mr. Fox.

DEPARTMENT OF STATE,