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Maine boundary--Mr. Greely, &c. .. online

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States, requesting him to have certain witnesses summoned to testify on
the matlei', before some niagi>-trate ol the city, (the publication allinied to,
which was pi-inted in the Union on the 31st of December, 1835, lemain-
ing annexed to his de|)osl(ion ;) and witness i-efjuested Mr. Carleton to
summon Mr. John F. Carter, the editor of that j)aper, supjiosing tliat he
would not have j)ublished the fact contained in said jniblication without
soirie foundation, ^^'itness states that he has taken the bond of the owner
of the Brutus, with four securities, in the sum of twenty thou'^and dollars,
under the 11th sectioji of the act of Congress approved on the !20th of
April. 1818 ; and whether he shall clear that vessel or not, without further
investigation, depends upon the decision of this coui't ; that is, whether
this court will discharge Mr. Allen or not. I'hat Mr. Allen exhibited to
witness the bill (.f sale to him of the schooner Ciutus, and thereupon ob-
tained an American register, surrendering, at the same time, the old one;
also, the list of his crew, with American protections to the same, and the
manifest of his cargo.

J. \y. BREED LOVE, Collector.

Sworn to ami subscribed before me,

GALLIEN ?RE\AU Judge.

New Orleans, January 5, 1836.

Andrew Ho<lge, being duly sworn, deposes and says that he knows
nothing about the schooner Brutus, exce|)t what Mr. Allen told him, and
what he saw in the newspapers ; that since the jturchase, Mr. Allen told
}iim that the Brutus will he a regular trader from New Orleans to Texas;
that he has no recollection of having exchanged a word with Mi-. Carter
respecting the schooner Brutus, until he spoke to him and told him that he
had re|)orled his name to Mr. Carleton as a j)ers )n who could give some
information on the subject, as being engaged in the Mexican trade. Wit-
iiesH was surprised at it, having given up business about five vears ago.

A. 110 DGE.

Sworn to and subscribed before me,

GALLIEN PREVAL, Judge.

A'.BW Orlkans. Jduudnj 5, 1836.

Extract from my records.

On tliis day, the fourth ilay of January, 1836, Henry Carleton, Esq.,
•district attoiiiey of the United Slates, ajijilied to me, by a lettej- on file in
(his ( ase, to have subj)0'nas issued for several witnesses, to examine them
abfnit a cei-tain repr)r-t which had been made to him by the collector- f)f the
port of New Orleans ; that tin* American schooner- Brutus, owned by tlie
defendant, A. C. Allen, was fitting out and arming to go to sea, for the



[ House Doc. No. 74. ] -465

j)iir|)()sc<)f committing liostililics against (lie Mi-xiran vessels ; wliercupoit
1 caused the lollnuing witnesses to be sninnioned belore me, tt) wit: M. S.
Cnciilla, James llamage, J. Curell, Augustus S. Martin, J. F. Gaiter,
'I'liomas Ur(|iiliair, J, M. Lajjevic, John (ianiier, J. A. Merle, William
Clirist.v, J. K. West, R. M. Carter, K<l. Mall, Thomas 'roh,v, Chs. Bish-
op, H. Lorkett. Wni. IJiyati, ,1. W. liieedlove, and Andrew Hodge. Af-
ter receiving their declarations, anil dm' exainitiation of all the facts con.
tallied therein, I am of opinion that there are not snllicient grounds for
the issuing of any criminal process against (he delV'iidant.

GALLIhN VliEWU Judge.

New Orleans, Jamiary 5, 1836.

I do hereby certify that the foregoing is a true and faithful cojjy of alt

the proceedings had in this case. ,

Jissociate Judge of the city court of New Orleans,

New Orleans, January 12, 1836.



Jilr. Cnrleion to Jlr. Forsytlt.

New Orleans, March 7, 1836.

Sir : On the receipt of your communication of the 5th ultimo, I called
on Mr. William Christy, and exhibited to him the letter of J. W. Cramp^
printed in the Oswego Palladium of the 20th Jaimary last. He expressed
a willingness to appeal' before some judge, and respond to any proceedings
that might be instituted against him. This mode I accordingly adopted,
as the most elToctual to elicit the truth. Tliough many witnesses were
examined, nothing was proved upon the accused that could warrant further
prosecution.

In the course of the investigation before Judge Rawie, which continued
five days, disclosures were made directly implicating General Mexia
(Mehia) for beginning, setting on foot, and pre|)aring the means for a mili-
tary expedition against the republic of Mexico, which terminated in an
attack upon Tampico, as is known to you. ilavitig ascertained that he
was somewhere in this city, I caused him to be arrested, as also Captain
Allen, one of his officers, and to be bound over for trial at the next tern*
of the court.

Enclosed is the opinion of the judge, discharging Mr. Christy, as also
a printed account of the case from a city newspaper.

I have the honor to be, very respectfully, your obedient servant,

HENRY CARLETON.

Hon. John Forsyth,

Secretary of State, Washington City.



Examination before E. Rawle, associate judge of the city court.

The United States, ^

rersi/s v

William Christy. )

At the request of tlie district judge of the United Stales, a notice was
sent to the defendant to attend at the hour named, to answer to an accu»



106 [ House Doc. No. 74. ]

sation "of having, in the fall of 1835, been engaged, with otiier persons,
at New Orleans, in unlawlnlly setting on foot, and in providing and pre-
paiing the nx'ans for, a military expedition and entei|)rise, to he cai'ried
on from ihei re. nnder the cemnj-riiid of Geneial Mexia, against the terri-
tory and (l(iminioii>< of the Mexican lepuhlic, heing a foreign State with
whont the United States aie at peare."

Tlic defendant appeared and denied the truth of the cliarge, and stated
Ihat he was leady for an examination. Many witnesses were examined,
and all on ilie |)art of the prosecution.

The crime of \\liich the defendattt is accused, is found described in the
act of Congress ol April 20, 1818. The sixth section provide^, that if
any peison sliall, within the territory or jurisdiction of the Ujiited States,
begin or sit on foot, or jirovidi; or pre|)ai"e the means for, any military
exi)edition or enterprise, to he cairied on from thence against the territory
x>v dominions of any foreign prince or state, or of any colony or district or
l>eople Nsith whom the United Stales are at peace, any j)erson so offending
^shall he deemed guilty of a high misdemeanor, tVc.

A vessel sailed from New Orleans in the afternoon of last year, having
aboard a laigc numhei- of men and cannon, arms and stoi-cs ; and sulli-
-cient evidence has made it appear that it was an expedition intended by its
I leader, General Mexia, both before and after its leaving New Orleans, to
be employed against some part of Mexico. Its character was not fully
developed pievious to sailing ; hut from what we learn as to the events of
that lime, and IVom wliat took jjjacc oti the voyage, and after the arrival
at Tampico. the belief must be, that the object from first to last was mili-
tary operation.

Of its nature and destination, some persons besides Mexia, perhaps.
Knew : and the inrjuiry now is, whether Mr. Cliristy was engaged in
•^beginning or setting on foot, or providing or preparing the means, for this
^'xpedition or enterprise.

Mr. Chi'isty, it appears, was chairman of what was called the Texian

.committee, and was frequently called upon by persons wishing to emigrate.

.Among tiiosc who visited him at his ofllce, was General Mexia, who

-avowed that he wished to do .something foi- the cause of Texas, and that he

, intended to stiike a blow somewhere. The conversations between him

and the defendant v\ere heard by the witne.ss ', and he states that Christy

.always declined giving any assistance, or aid of any (lescrii)tion ; and

that in all that took place at the oflice, whether with Mexia or others, the

iangiiage of the (Ulen<lant was to dissuade persons from any enterprise to

Texas, ai;d IVoiii joining Mexia's exjx'dition.

There is no e\i(h'nre on the side of the prosecution which leads to sus-
))icion that Cliristy had any thing to do with the expedition, or that he
provided or prepaie<l any means, |)ecuniary or other, foi* it.

The circumstance of an address to the men of Mexia, when they were
ibout to euihark, retpiires Jiotice. Why it was delivered, and whether it
-omcH wiihiti the act of Congress, as beginning or selling on f(,ot the
expedition, should he considered. Front tlie address, as it has l)een de-
^crilx'd to us hy the witnesses, we are to infer that Mi'. Christy knew at
■lie time that Mexia, with his men, was to go to some point beyond Texas ;
itid tliey eniharketj shortly after.

The language of the defendant was not to persuade them to go, and it



[ House Doc. No. 74. ] 407

does not appear that any joinc<l the oxjjodition afterward. The witness,
Allen, states that 'Mhey liad all voluntt^ered previous to that Jiine."

Taking the speech of Mr. (Jhi isty by itself, we must decide that it is
not such an act as the law of Congress notices; and we may say further,
that it is not shown tiiat it contributed io any way lo promote the enter-
prise, by further supplies of eillier men. money, f)r means.

As regaids, therefore, a connexion \\\[U iMexia's ex|)(MlitioM, or the vio-
lation of the law by the defendant, (and jjenal enactments must he con-
strued strictly,) there is not suilicient evidence to cause him to l)c held lo
bail. In a great degiee the testimony goes to establish the negative.

There is no evidence of the setting on foot any warlike enterprise or
military expedition, excepting that of Mexia, which has been noticed.

The defendant, William Christy, is discharged.

EDWARD RAWLE.



Mr. Sanders to Mr. Forsyth. >

Frankfokt, Ky., Jl-pril 22, 1836.

Sir: Your communication of the 9th instant, suggesting that " it ap-
peared from an article in one of the Western journals, containing what
purports to be an extiact of a letter of Felix Huston, Esq., of Natchez,
that he is in the act of raising and equipping a volunteer company for mili-
tary service in Texas," and diiectiiig me to ''satisfy myself by proper in-
quiries; and that should I find that either he or any other person has, in re-
gard to the transaction alluded to, violated the laws within the Kentucky-
district, that I should institute such proceedings as may be necessary to
bring the offender to punisjiment; and toseethe laws enforced with respect
to any similar violation of the neutral relations of the United States," has
been received, and will be promptly attended to.

I am not, at this time, apprized of any individuals so deporting them-
selves as to come within the provisions of the act of Congress, within the
district of Kentucky.

As it is matter of great interest to our section of the Union to preserve
the amicable relations existing between the United States and those of the
Mexican republic, aiid fears exist that the latter entertain jealous appre-
hensions that the former give countenance to the succors received by Texas
from them, allow me the suggestion, triat a proclamation emanating from
the seat of Government would have tlie double effect of (piieting those fears,
and of apj)rizing the citizens of the consequences of a violation of the laws,
lam, sir, your obedient servant,

L. SANDERS, U. S. I). A. K. D.

Hon. John Forsyth,

Secretary of State.



Mr. Gaines to Mr. Forsyth.

Natchez, May 1, 1836.
Sir : Yours of the 9th ultimo was received by the last mail, and I im-
mediately made such inquiries as the nature of the case permitted. I have



408 [ House Doc. No. 74. ]

DO doubt tliat proparations of some desciiptioM ai-e making for the assist-
ance of Texas ; but I luive been, as yet, niiable to obtain any legal e\ idence
of a violation of the laws, on which to base a prosecution.

1 ha\e lequested the niai'shal, if he knows or can obtain such inform-
ation on tlie .subject as will justify legal [jioceedings, to communicate, it to
me without delay.

I am, lespectluUy, your obedient servant,

R. M. GAINES,
U. S. Attorney Miss. District.
TJie Hon. John Forsyth,

Secretary of State.



Mr. Fox to Mr. Forsyth.

Washington, •iVoremftfr 28, 1837.

Sir: I am inf<:rme(l by Major General Sir John Ilarvcy, Lieutenant
Go\ernor of the I'r-oviticc of New Brunswick, that hei- Majesty's 43d
regiment of liglit infantry is undei- order's to pi'occed from that Pi'ovince
to the Province of Lower- Canada ; and Ihat, marching by the route of the
Grand Falls and the >L\dawaska settlement, the regiment will cross a
part of the ter-r-itor-y In dispute between t!ic two countries.

Sir* John Harvey has recjuested mc to explain to the Government of the
United States — and he is desirous that the same explanation should be
given, through the p!-oi)er' channel, to the Government of the State of Maine
— that this movement of ti'oops, wliicii will probably take place in the fii'st
week of January, is in no way wliatcver connected with any recent occur-
rences in the disputed territory; but that it is undertaker), in pui'suance
of super-ioi- orders, for liiesole purpose of r'cinforxing the British military
station in L')wer Canada.

The r-oute by the Grand Falls and the Madawaska settlement has all
along been made use of for- the tr-ansinission of liic post, and for- other or*-
diiiaiy communications between the two Pr-ovinces.

1 have the honor to be, sir*, w ith great respect, your obedient servant,

H. S. FOX.

Hon. John Forsyth, &c.



Mr. Forsyth to Mr. Fox.

Department of State,

JVashiugtori, December 2,1837.
Sir : I have the honor- to a( knowledge the r-eceipt (»f your note of the
28th ultimo, appr-izirig ine thai you had been informed by Major General
Sir John Harvey, Lieutenant Gfjvernor of New Briirrswick, tiiat her Ma-
jesty's 43d regiment had been or-<lere(l to |)i'ocee(I to Lower Canada, and
would cross a par-t of the leiritory in dispute Ixtween (he two conntr-ies
about (he first week in Jainiary; ami (hat you liad been re(|ueste(| by Sir
John Har\<-y (o explain to this (io\ ernrnen(, and, thr-oiigh the proper



[ House Doc. No. 74. J 409

channel, to the State of Maine, tliat this movenitnt is in no way what-
ever connected with any lecent oc cnirences in the disputed tei'iitory ; hut
that it is undertaken, in pursuance ofsnijeiior or«lei"H, lor tiie sole purpose
of leinforcing tiie Biitish military station in Lower Canada.

1 avail myself of tliis occasion to renew to you the assurance of my hii;!!
consideration.

JOHN 1 OIISYTH.

H. S. Fox, Es(|., &c.



Mr. Forsyth to Governor Diirtlap.

Department or Statk,

ffMshiiigtou, December 5. 1837.

Sir : I transmit, herewith, for the infoimation of your excellency, the
copy of a note addressed to the Department on the 28th ultimo, by the
British minister at Washington, witli the view of explaining to the Gov-
ernment of the United Statt-s, and through it to that of the State of Maine,
an intended movement of his Majesty's 4'5d regiment of light infantry
from the Province of New Urunsvvick to the Province of Lower Canada,
^vhich ^vill piobably take place in January next, through that jjart of the
disputed territory on our Northeastern frontier over which tlie British
mail passes. This explanation, as you will perceive, is made to the Fede-
ral Government, by the request of Major General Sir John Harvey, Lieu-
tenant Goveriior of tiie Province of New Brunswick, in order to guard
against any apprehension, in any (piarter, of the movement refeireil to of
British troops ; and it is now communicated to you, in accordance with his
wish. Although the necessity of explaining a circumstance so little likely
to be misapprehended by the Government or people of the United States,
or of individual States, is not ap[)arent, the motive of that explanation
should be duly appreciated.

A printed copy of the President's annual message to Congress, deliv-
ered to-day at 12, M., is also enclosed.

I have the honor to be, sir, your obedient servant,

JOHN FORSYTH.

His Excellency Robert P. Dunlap,

Governor of the State of Maine.



Mr. Fox to Mr. Forsyth.

WASHiNGrroN, January 4, 1838.

Sir : I have the honor to enclose to you an ofHcial despatch, dated the
£3d ultimo, which 1 have received from Sii- Francis Head, Lieutenant
Governor of Upper Canada.

It appears from the statement contained in this despatch— and I lament
to say that the same facts are fully and notoriously confii-med by informa-
tion which has reached me thi-ough various other channels — that a pai't of
the British teirilory of U])per Canada is, at this moment, actually inva-



410 [ House Doc. No. 74. ]

ded, tlie peare and safety of the iiiliabitants disUubed, and the existence
of the Provincial Govermiient threatened by a formidable body of armed
men, prot eedins; from the United States, furnished with artillery and !.\m-
niunition, and fuliy e(|iiip|)i(l f^r war. These piratical invaders, wIjo aie
now established at a point called " Navy island," on the Canadian side of
the river Niagara, consist, in part, of nntlaws who had fled from Upper
Canada aftei" t!ie suppiession of the late partial instiirection ; in pai t also
of American citizens, and of men of other nations, who have been recruit-
ed for the present felonious attemj)t within the confines of the United
States. They are commanded by a native American, of the name of Van
Rensselaer; they contiinie. openly and publicly, to procure, tVom a number
of American towns near to the Canadian frtnitier, provisions, arms, am-
mnnition, and all other tilings necessary to sustain their ciiminal enterprise.
Their sti-ength and numbers, and means of violence, are daily increasing,
by recruits and contributions raised within the United States, in defiance
of the known laws of the rei)ublic ; in defiance, also, of the recorded
wishes and feelings of all respectable classes of the American peoj)le, and
to the scandal of public order and good neighboihood between peaceful
nations.

I well know that the President and the Government of the United
States do, equally with myself, deplore and condemn these strange and
unlawful proceedings, which threaten no less a calamity than the waging
of an unprovoked wai', by a portion of the American people, against a
neighboring portion of her Majesty's subjects, at a time when the two
people in general, and tiieir Governments, are >iot only united in peace,
but ;.re studying to enlarge the sphere of a happy and beneficial inter-
course, and to strengthen the bonds of national affection and friendship.
I feel, therefore, that I am doing no unfriendly act in pointing out to the
Government of the United States the facts which have been brought ofiici-
ally to my knowledge, showing how the laws of the republic are trans-
gressed, and the wishes of its best citizens defied, to the detriment of a
friendly and kindred |)eopie; and I solemnly appeal to the supreme Gov-
ernment of the republic promptly to interpose its sovereign authority for
arresting these disorders, before they shall have produced a train of disas-
ter's and of national resentments which it is e([ually the devout wish of
both Governments to avert.

I have the honor to be, sir', with high respect and consideration, your
most obedient and humble servant,

H. S. FOX.

Hon. John Forsyth, &c.



Lieutenant Governor Head to Mr. Fox.

Government House,

Toronto, Upper Canada, Ilecembcr 23, 1837.
Siu : It 13 my duty to lose no time in apprizing your excellency that
the j)eace and security of this Province are at this momerrt threatened, and
that its tciritor-y is actually invaded, by a large band of Amer-ican citizens
from IJud'alo, wlio have taken up arms, :iiid eslal)lished themselves in a
iiostiie mariner on Navy island, in the Niagar'a river', and within the ter-
ritory of Upper (Canada.



[ House Doc. No. 74. ] 411

Yoiir excellency lias no doubt leajiied from the public papers, tliat, in
consequence of the insurrection utiliappily commenced in liower Canada,
(but wbicli, I have reascm to believe, is now eflVctnally sujiptessed.) ;,n at-
tempt, as rasli and liojieiess as it was wicked, was lately nnnle by three or
four hundred j)ersotts in lliis > icinity to involve this I'r-ovince in the mise-
ries of civil war. In concert with this movement, an endeavor was also
made to excite the j)eople in another district to take up arms a.i^ainst the
Government. Both tliese attemjits were promptly and ellVctually su|>-
pressed by the loyal militia of this Province, nnai<led by any military
force. Most of the deluded persons who were engaged in this rasli and
criminal enterpi-ise have surrendered themselves, or been taken ; btit the
principal leader, William Lyon McKenzie, and some of tlie most active of
his followers, succeeded, with great dillicnlty, in making their escape to
the adjoining State of New York.

It was soon reported to me that, at Buffalo, to which place these traitors
fied, strong symptoms were shown by numbers of American citizens to
aid them with men and arms, and to supply them with other necessaries,
in oriler to enable tiiem to make a hostile invasion of this Province.

That the public authorities in Buffalo, and the more resj)ectable portion
of the irdiabitants, would discotintenance such proceedings, 1 had no doubt ;
and their conduct since has justified tliat expectation. But, as it was
doubtful how far they might be able promptly to control this ebullition «)f
hostile feeling towards a nation with which the United States h<dd the
strictest relations of amity and peace, I immediately addressed a letter to
his excellency Governor Marcy, at Albany, of which a copy is herewith
sent.

No reply to this has yet reached me, nor do I know what steps, if any,
have been taken on the part of the American Government, at Buffalo, to
repress this hostile rising of their people.

Since that letter was written, McKenzie has been joined by some hun-
dreds of American citizens from Buffalo and the adjacent villages, and
they have established themselves on Navy island, as I have before men-
tioned, with artillery and arms procured in the United States.

The paper printed at Buffalo, which I send you, will show the spirit in
which this movement is urged forward.

I am, of course, taking all possible means to repel invasion and insult;
and I believe that, in a few days, a cotjsidei-abic miiitaiy force will be at
hand, to sustain our gallant militia in tiiis extraordinary and >ndooked-for
conflict.

I need not remark to your excellency how unfair and unjust it is. that
a rebellion which, within this Province, was so insignificant that it was
instantly crushed by the civil inlialiitants of the country, should be re-
newed and rendered formidable by the direct and active encouragement of
the American people: and that, during tlie existence, not merely of peace,
but of the most friendly relations between Great Britain and the Govern-
ment of the United States, the peaceful ])opulation of this Province siiould
be threatened with devastation and plunder, and all the miseries of civil
war, by the unjustifiable interference of American citizens.

Though inhabiting a remote portion of the British dominions, the peo-
ple of Upper Canada feel that they may rest assured of being ultimately
protected by the wlude force of the empire, if it be necessary.

They are conscious, also, that they deserve kinder oflices at the hands



412 [ House Doc. No. 74. ]

of tlje AmeiicTii people ; and I appeal to you, in tlieir name, and as the
representative of tl»eif soveieign, to urge iipcui the Govei-nment of the
United States the immediate exertion of military force, to suppress a
movement of their jieople, so insulting and injurious to a neighboring na-
tion, and which, whatevci* temporary calamity it may inllict, must inevi-
tably, unless jn-omptly checked, lead to a national war, in which any
wrongs committed against the people of this colony will, under the pro-
tection of a just Piovidence. be amjjly rediessed.

1 beg your excellency will not fail to assure the American Government
of n»y sincere conviction that the facts of which I complain will cer-
tainly meet with theii* most unipialified reprobation.

I have the honor t(» be, sii-, your excellerjc)'s most obedient, humble
servant,

F. B. HEAD, Lieut. Gov'r.

ilis Excellency Henry S. Fox,

British Minister at Washington.



Mr. Forsyth to Mr. Fox.

Department of State,

WashiJigton, January 5, 1838.

Sill : I have had the honor to receive your communication of the 4th
instant, with the oHicial despatch of the 2od ultimo from the Lieutenant
Governor of Upj)er Canada. The President, to whom they were imme-



Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 53 of 56)