Part 24

It will be seen from these documents that a high officer of the government of the State of New York has been sent by his excellency the governor for the express purpose of regaining possession of the artillery of that State which is now employed in hostile aggressions upon this portion of Her Majesty's dominions, and that, being aided and favored, as he acknowledges, by the most friendly cooperation which the commanding officer of Her Majesty's forces could give him, he has been successfully defied by this army of American citizens, and has abandoned the object of his mission in despair.

It can hardly fail also to be observed by your excellency that in the course of this negotiation between Mr. Van Rensselaer and the commissary-general of the State of New York this individual, Mr. Van Rensselaer, has not hesitated to place himself within the immediate jurisdiction of the government whose laws he had violated and in direct personal communication with the officer of that government, and has, nevertheless, been allowed to return unmolested to continue in command of American citizens engaged in open hostilities against Great Britain.

The exact position, then, of affairs on our frontier may be thus described:

An army of American citizens, joined to a very few traitors from Upper Canada, and under the command of a subject of the United States, has been raised and equipped in the State of New York against the laws of the United States and the treaties now subsisting, and are using artillery plundered from the arsenals of the State of New York in carrying on this piratical warfare against a friendly country.

The officers and Government of the United States and of the State of New York have attempted to arrest these proceedings and to control their citizens, but they have failed. Although this piratical assemblage are thus defying the civil authorities of both countries, Upper Canada alone is the object of their hostilities. The Government of the United States has failed to enforce its authority by any means, civil or military, and the single question (if it be a question) is whether Upper Canada was bound to refrain from necessary acts of self-defense against a people whom their own Government either could not or would not control.

In perusing the message of His Excellency Governor Marcy to the legislature of the State of New York your excellency will probably feel some degree of surprise that after three weeks' continued hostility carried on by the citizens of New York against the people of Upper Canada his excellency seems to have considered himself not called upon to make this aggression the subject of remark for any other purpose than to complain of a solitary act of self-defense on the part of Her Majesty's Province of Upper Canada, to which such unprovoked hostilities have unavoidably led.

I have the honor to be, sir, your excellency's most obedient, humble servant.

F.B. HEAD.

[Footnote 27: Omitted.]

_Mr. Forsyth to Mr. Fox_.

DEPARTMENT OF STATE,

_Washington, February 13, 1838_.

HENRY S. FOX, Esq., etc.

SIR: I have the honor to acknowledge the receipt of your note of the 6th instant, communicating a copy of a letter from Sir Francis Head, lieutenant-governor of the Province of Upper Canada, respecting the capture and destruction of the steamboat _Caroline_ by a Canadian force on the American side of the Niagara River within the jurisdiction of the State of New York, together with the reports and depositions thereto annexed.

The statement of the facts which these papers present is at variance with the information communicated to this Government respecting that transaction; but it is not intended to enter at present upon an examination of the details of the case, as steps have been taken to obtain the fullest evidence that can be had of the particulars of the outrage, upon the receipt of which it will be made the subject of a formal complaint to the British Government for redress. Even admitting that the documents transmitted with your note contain a correct statement of the occurrence, they furnish no justification of the aggression committed upon the territory of the United States--an aggression which was the more unexpected as Sir Francis Head, in his speech at the opening of the parliament of Upper Canada, had expressed his confidence in the disposition of this Government to restrain its citizens from taking part in the conflict which was waging in that Province, and added that, having communicated with the governor of the State of New York and yourself, he was then waiting for replies.

It is not necessary to remind you that his expectations have been met by the adoption of measures on the part of the United States as prompt and vigorous as they have been successful in repressing every attempt of the inhabitants of the frontier States to interfere unlawfully in that contest. The most serious obstacle thrown in the way of those measures was the burning of the _Caroline_, which, while it was of no service to Her Britannic Majesty's cause in Canada, had the natural effect of increasing the excitement on the border, which this Government was endeavoring to allay.

I avail myself of this occasion to renew to you the assurance of my distinguished consideration.

JOHN FORSYTH.

BUFFALO, _December 30, 1837_.

His Excellency MARTIN VAN BUREN,

_President of the United States_.

SIR: Inclosed are copies of affidavits[28] 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 avenging 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_.

[Footnote 28: Omitted.]

WASHINGTON, _April, 1838_.

_To the Senate_:

I transmit a communication from the Department of War, on the subject of the treaty with the Stockbridge and Munsee Indians of September, 1836, which is now before the Senate.

M. VAN BUREN.

WASHINGTON, _April 15, 1838_.

The PRESIDENT OF THE SENATE OF THE UNITED STATES.

SIR: I transmit to you a report from the Secretary of the Navy, accompanied with the papers relating to surveys, examinations and surveys of light-houses, sites for light-houses, and improvements in the light-house system, called for by the resolution of the Senate of the 8th of March last.

M. VAN BUREN.

WASHINGTON, _April 16, 1838_.

Hon. JAMES K. POLK,

_Speaker of the House of Representatives_.

SIR: I have the honor to transmit to you copies of the letters, documents, and communications called for by a resolution of the House of Representatives of the 7th of December last, received from the Secretary of the Navy, to be annexed to his report of the 5th day of February last, in relation to the delay of the sailing of the exploring expedition.[29]

M. VAN BUREN.

[Footnote 29: South Sea surveying and exploring expedition.]

WASHINGTON, _April 18, 1838_.

_To the Senate of the United States_:

I return the petition and papers of Econchatta Nico,[30] referred to me by a resolution of the Senate of February 7, 1837, and transmit a communication and accompanying papers from the Acting Secretary of War, showing the failure of the attempt made, in conformity with the resolution, to obtain indemnity for the petitioner by prosecuting the depredators on his property, and also the causes of the failure. The papers are returned and the report and documents of the Acting Secretary of War submitted in order that Congress may devise such other mode of relief as may seem proper.

M. VAN BUREN.

[Footnote 30: A chief of the Apalachicola Indians, for indemnification for losses sustained by depredations on his property by white persons.]

WASHINGTON, _April 23, 1838_.

_To the House of Representatives of the United States_:

In compliance with the resolution of the House of Representatives of the 16th instant, relative to an attack on the steamboat _Columbia_ in the Gulf of Mexico by a Mexican armed vessel, I transmit a report from the Secretary of State, to whom the resolution was referred.

M. VAN BUREN.

WASHINGTON, _April 23, 1838_.

_To the Senate_:

I transmit, for the consideration and action of the Senate, communications from the Department of War, accompanying treaties with the Indians in the State of New York, with the St. Regis band, and with the Oneidas residing at Green Bay.

M. VAN BUREN.

WASHINGTON, _April 26, 1838_.

_To the House of Representatives of the United States_:

In partial compliance with the resolution of the House of Representatives of the 21st ultimo, calling for further information on the relations between the United States and the Mexican Republic, I transmit a report from the Secretary of State, to whom the resolution was referred.

M. VAN BUREN.

WASHINGTON, _April 27, 1838_.

_To the Senate of the United States_:

I transmit to the Senate, for their consideration with a view to its ratification, a convention between the United States and the Republic of Texas for marking the boundary between them, signed in this city by the plenipotentiaries of the parties on the 25th instant.

M. VAN BUREN.

WASHINGTON, _April 30, 1838_.

_To the House of Representatives of the United States_:

I herewith transmit to the House of Representatives a report from the Secretary of State, in answer to that part of their resolution of the 19th ultimo requesting the communication of all correspondence with any foreign government in regard to the title or occupation of the territory of the United States beyond the Rocky Mountains.

M. VAN BUREN.

DEPARTMENT OF STATE,

_Washington, April 25, 1838_.

The PRESIDENT OF THE UNITED STATES:

The Secretary of State, to whom has been referred so much of the resolution of the House of Representatives dated the 19th ultimo as requests the President, if not incompatible with the public interest, to communicate to that body all correspondence had with any foreign government respecting the title or occupation of the territory of the United States beyond the Rocky Mountains, has the honor to report to the President that no recent communication on this subject has passed between this Government and any foreign power, and that copies of the correspondence growing out of previous discussions in which the question of title or occupation of this territory was involved have been heretofore communicated to the House and will be found among the documents printed by their order. Document No. 65 of the House of Representatives, contained in the fourth volume of State Papers of the first session of the Nineteenth Congress, and that numbered 199, in the fifth volume of State Papers of the first session of the Twentieth Congress, are particularly referred to as immediately connected with this subject.

Respectfully submitted.

JOHN FORSYTH.

WASHINGTON, _May 1, 1838_.

_To the House of Representatives of the United States_:

I transmit herewith a report, and accompanying documents, from the Acting Secretary of War, which contains the information[31] required by the resolution of the 16th ultimo, respecting the officers of the Corps of Engineers, the works upon which they were engaged during the last year, and the other matters embraced in the resolution.

M. VAN BUREN.

[Footnote 31: List of officers of the Corps of Engineers and of the works upon which they were employed during the year 1837.]

WASHINGTON, _May 2, 1838_.

_To the House of Representatives of the United States_:

The report of the Secretary of State transmitted by me to the House of Representatives in compliance with their resolution of the 16th ultimo, respecting an attack alleged to have been made by a Mexican armed vessel upon an American steamboat, having stated that no information on the subject had at that time reached the Department, I now transmit another report from the same officer, communicating a copy of a note from the Mexican minister, with an accompanying document, in reference to the act alluded to, which have been received at the Department since the date of the former report.

M. VAN BUREN.

WASHINGTON, _May 7, 1838_.

_To the Senate of the United States_:

I transmit to the Senate, for their consideration with a view to its ratification, a convention signed at Houston on the 11th ultimo by Alcee La Branche, charge d'affaires of the United States, and R.A. Irion, secretary of state of the Republic of Texas, stipulating for the adjustment and satisfaction of claims of citizens of the United States on that Government in the cases of the brigs _Pocket_ and _Durango_. This convention having been concluded in anticipation of the receipt from the Department of a formal power for that purpose, an extract from a dispatch of Mr. La Branche to the Secretary of State explanatory of his motives for that act is also transmitted for the information of the Senate.

M. VAN BUREN.

WASHINGTON, _May 10, 1838_.

_To the Senate and House of Representatives_:

I submit to the consideration of Congress a statement prepared by the Secretary of the Treasury, by which it appears that the United States, with over twenty-eight millions in deposit with the States and over fifteen millions due from individuals and banks, are, from the situation in which those funds are placed, in immediate danger of being rendered unable to discharge with good faith and promptitude the various pecuniary obligations of the Government. The occurrence of this result has for some time been apprehended, and efforts made to avert it. As the principal difficulty arises from a prohibition in the present law to reissue such Treasury notes as might be paid in before they fell due, and may be effectually obviated by giving the Treasury during the whole year the benefit of the full amount originally authorized, the remedy would seem to be obvious and easy.

The serious embarrassments likely to arise from a longer continuance of the present state of things induces me respectfully to invite the earliest attention of Congress to the subject which may be consistent with a due regard to other public interests.

M. VAN BUREN.

WASHINGTON, _May 11, 1838_.

_To the House of Representatives of the United States_:

I herewith transmit to the House of Representatives reports from the Secretary of State and the Secretary of the Treasury, with accompanying papers, in answer to the resolution of the House of the 30th ultimo, relating to the introduction of foreign paupers into the United States.

M. VAN BUREN.

WASHINGTON, _May 19, 1838_.

_To the Senate of the United States_:

I herewith transmit to the Senate the copy of a letter addressed to me on the 28th ultimo by the governor of Maine, inclosing several resolves of the legislature of that State, and claiming reimbursement from the General Government of certain moneys paid to Ebenezer S. Greely, John Baker, and others in compensation for losses and sufferings experienced by them respectively under circumstances more fully explained in his excellency's letter.

In the absence of any authority on the part of the Executive to satisfy these claims, they are now submitted to Congress for consideration; and I deem it proper at the same time, with reference to the observations contained in Governor Kent's note above mentioned, to communicate to the Senate copies of other papers connected with the subject of the northeastern boundary of the United States, which, with the documents already made public, will show the actual state of the negotiations with Great Britain on the general question.

M. VAN BUREN.

[The same message was sent to the House of Representatives.]

STATE OF MAINE, EXECUTIVE DEPARTMENT,

_Augusta, April 28, 1838_.

His Excellency MARTIN VAN BUREN,

_President of the United States_.

SIR: I have the honor to inclose to you a copy of a resolve[32] of the legislature of this State in favor of Ebenezer S. Greely, also a copy of a resolve[32] in favor of John Baker and others; and in compliance with the request of the legislature I ask of the Government of the United States a reimbursement of the several sums allowed thereby, which several sums have been paid by this State to the individuals named in the resolves.

The justice and propriety of granting this request, I can have no doubt, will be apparent to you and to Congress when the circumstances under which the allowances were made are called to mind.

Mr. Greely, acting as agent under a law of this State authorizing and directing a census to be taken in unincorporated places, was forcibly seized and imprisoned for several months, and then, without trial, released.

John Baker and his associates named in the other resolve suffered by imprisonment and otherwise for acting under a law of this State incorporating the town of Madawaska in 1831. The State of Maine has acknowledged by these and other resolves its sense of obligation to remunerate in the first instance these sufferers in its cause and to satisfy as far as it is able their claims upon its justice. But the wrongs by which they suffered were committed by a foreign power with whom we are now at peace. The State of Maine has no power to make war or authorize reprisals. She can only look to the General Government to assume the payment as an act of justice to a member of the Union under the provisions of the Constitution and to demand redress and remuneration from the authors of the wrong in the name of the United States.

A minute recapitulation of the facts upon which these resolves are founded is deemed entirely unnecessary and superfluous, as they have heretofore been communicated and are well known to the Executive and to Congress.

Maine has suffered too many repetitions of similar attempts to prevent her from enjoying her rightful possessions and enforcing her just claims to feel indifferent on the subject, and we look with confidence to the General Government for protection and support. The amount of money, although considerable, is of comparatively small importance when contrasted with the principles involved and the effect which must result from an immediate and ready assumption of the liability on the part of the United States. Such an act would be highly gratifying to the people of this State as evidence that their just claims and rights are fully recognized by the United States, and that the strong arm of the Union will be stretched out for their protection in every lawful effort to maintain and enforce their claims, which they know and feel to be just and unimpeachable and which they are determined to maintain.

I trust I shall be pardoned for earnestly urging immediate action on the subject.

I had the honor to inclose to you, under date of the 28th of March last, a copy of my message to the legislature and of the resolves of the legislature of Maine in relation to the northeastern boundary, which I have no doubt have received and will receive all the attention the importance of the subjects therein discussed and acted on demands. You will perceive that in accordance with your wishes I communicated the proposition in relation to a conventional line of boundary, with the letter of Mr. Forsyth addressed to the executive of Maine. The views and wishes and determination of the executive and legislature, and I think I may safely add of the people, of Maine are fully and distinctly set forth in the documents referred to, communicated to you heretofore by me. The proposition was distinct and definite, and the answer is equally so, and I consider that it may be regarded as the fixed determination of Maine to consent to no proposition on our part to vary the treaty line, but to stand by that line as a definite, a practicable, and a fair one until its impracticability is demonstrated. It is needless for me to recapitulate the reasons upon which this determination is founded. I refer you to the documents before alluded to for my own views on this topic, sanctioned fully by the legislature. The duty devolving upon me by your request I have endeavored to discharge in a spirit of profound respect for the constituted officers of the General Government, and with a single eye to the interest and honor of the United States and of the State of Maine. The attitude assumed by Maine in relation to the survey of the line of the treaty of 1783 has doubtless attracted your attention. I feel it due to the State to say to you frankly and unequivocally that this position was taken deliberately and with a full consideration of all the circumstances of the case; but it was assumed in no spirit of defiance or resistance and with no design to embarrass the action of the General Government. Maine feels no desire to act alone or independently on this question. She knows and feels that it is a national question, and that it is the right and duty of the General Government to move forward in effecting the object proposed.