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letters received in this place to-day from BufTalo, of the I8lli, saying tliei-e
were soldiers enlisted daily in the streets of tluit place. I .sup;.)ose I can
do nothing with those who iiave or may connnit offL-nces out of inv pres-
ence, unless I have prncesses against them. 1 have written to Cady. and
also to Fairbanks, directing them to put the law you referred to inforce,
and to keep y<iu apprized of all relating to the matter of consequence, as
well as myself.

I am your obedient servant,

N. GAR ROW.
N. S. Benton, Esq.



430 [ House Doc. No. 74. ]

Mr, Scoville to Mr. Benton.

Collector's Office, Distkict of Niagara,

Lewistorif December 21, 1837.

Sir: I Iiavc I'creived vdui* Icltor of the 12th instant, on tlie subject of
the existing (unitest in Upper Caiuida. No s[)eci!ic act worthy of notice
lias come to my personal ktio^vledge ; }'ct I think i)roper to apj)rize yon of
what is going on in this and the adjacent district.

Yon arc already aware, from the pnblic piess, that McKcnzie is con-
centi-ating men and munitions of war on Navy island. He (djtains theni
from Canada, BuflTah). LocU|)ort, and tlie immediate vicinity. Tlieii-
number is said to be five oi' six hundi'od, witji nine pieces of artillery,
\vhi( li ha\e been obtained in this part of the State — in what manner I am
nnable to say. Monitions of war, provisions, ^:c., ai'C daily going on to
the ish'.nd from Bufl'ilo. The ferry to the island is in the IJiilFalo disti-ict.
Tliere is a general feeling here in favor of the radical canse, and it may
become dilKcnlt to pi-event violations of the laws of neutrality. 1 shall
most cheerfully, however, I'ender all the aid in my power, as I feel it to be
a matter of the highest importance. I yesterday took a few' ])iece.s of
>jmnggled cloth from a patriot, who said it was intended foi- the soldiers on
the island.

Tlie news from the westeiti district renders it very cei-tain that Dr.
Dunscombe and his forces have dispersed. Persons wishing to come out
of Canada have to obtain a pass. They are determined not to let I>i-.
Dunscombe, or any more of those for whom a i-eward lias been offered,
cscafie.

Would it not be well for you to ask the Secretary of War to send a
company of L'»iited States troops to occu|)y Foi-t Niagara ? It would put
a stop most edectually to what is goi:ig on, and protect the public property
at the fort.

1 am, sir, with great respect, your obedient servant,

SEYMOUR SCOVILLE,

Collector.

N, S. Benton, Es(|.,

U. S. District Miorney.



Mr. G arrow to Mr. Benton.

BoniKSTEK', Dccc?nbcr 21, 1837.

Dear Sir: I arrived here this evening at nine o'clock : sent for Gen.
Gould and some others of this jdace. There is much excitement here ;
forty soldiers marching the streets of Rochestei- lo-day under drum and
fife; two pieces of cannon went ofT this morning; and three-fouiths of
the people heie. I learn, are enroiiiagin^ and promoting t!;e thing ; and
seven-»'ighths <d" lln^ people at I'lilf.ilo and all along the lines are taking
strong interest in the cause of the patriots : many furnishing aims, and
large rjuantiti«!s ul' provisions coiitril)uted and foi'v.arded to tliem, and
volunteers continually going on. I do believe that it is indispensable that



[ House 33oc. No. 74. ] 431

you come on immediately to Biifialo. Very little can be dune witli jji-o-
ccsses,

I am voiirs,

N. GARROW.
N. S. Benton, Esq.

P. S. I sball appoint a deputy here in tiae morning, and go on to Buf-
falo to-moiroNV.



Mr. Gould to Mr. Benton.

Collector's Office, Rochester,

December 21, 1837.

Sir : I enclose you a liand-bill, siirli as are being jxisted up in oui- city
to-day. I am not yet able to give you names to issue writs lor. I am
told many persons have already g(»ne to Navy island to join tlie patriots
thei'e, to-day, before eight, and that n)ore aie expected to go, and that a
great effoit is to be made here. I would recommend that you come here
with the marshal ; there will be plenty of business in this section and
\vest. As the patriots of Canada back out, our citizens seem to come for-
ward ; so that the first battle will be. so far as I can Judge, between citi-
zens of our own State and those of Upper Canada. This ought not to be :
the results of such a state of things may be disastrous, indeed, to our in-
terests as a nation, and to our honor.

In haste, vours truly,

J. GOULD, Colleclor.

jN. S. Bentox, U. S. Attorney.

V. S. Please write as to the course I ought to pursue. I will preserve
names and facts as far as 1 can.



Mohawk Courier — C Extra. J

Little Falls, New^ York,

December 16, 1837.
In consequence of difficulties which have hitherto existed in ilie arrest
of offendei's against the laws of the United States, and the increased ex-
penses consequent tiiei'eon, it is deemed j)i(»per to maice public .such in-
formation in respect to this subject as may be useful, and will aid in pro-
moting the ai-rest and conviction of oilendei-s. An extract from the
judiciary act of the United States is given : and it will be seen that au-
thority to arrest, commit, or recognise offenders, is conferred nj)on the
magistrates and officers of the ditterent States. Forms of process and
recognizances have been drawn up, which, it is supposed, will be found
convenient and useful as a matter of leference. All charges, it will l)e
seen, are to be })aid to the officers by the United States. These bills
should be made out and pi-esented or sent to the marshal of the district,
who will pay the same. The circuit court of this district, which has cog-



432 f House Doc. No. 74. |

iiizaiioe of violations of most of tlif crimii);il laws, sits at Albany on the
.stToiid 'I'ln'sday of J line and the third Tuesday of October in each year.
Anson jiitile, Ks(|., the clerk of the court, keeps his otHce in the city of
Utica : Nathaniel Garrow, Ksq., the marshal of the district, resides at
Auburn. Gentlemen to whom more than one of these sheets may be sent
are respectfully requested to hand the same to the oflicers and magisti'ates
in their viticinity who have autliority to act in criminal cases under the
laws of tiic United Slates. And it is also desired that all arrests and com-
plaints be immediately notified to tlie district attorney.

N. S. BENTON,!
United States Jittorney.



Extract from the JiuUciary act passed September 24, 1786.

Sec. 33. That for any crime or offence against the United States, the
oft'ender iMay, by any justice or judge of the United Stales, or by any jus-
tice of the peace or olhei- magistrate of any of tlie Uisited States, where
he may be found, agreeably to the usual ojode of process against otfenders
in each State, and at the expense of the United States, be arrested and
imprisoned, or bailed, as the case may be, for trial before such court of
the United States as by this act has cognizance of the oflTence. And
Copies of tlie process shall be returned as speedily as may be into the clerk's
oflice (d'sucli court, together witli the cognizances of the witnesses foj- tlicir
appearance to testify in tlie case ; which i-ecognizances tlie magistrate be-
lore whom the examination shall be may require, on pairj of imprisonment.

^ -jF vr tP ^

And upon all arrests in critninal cases, bail shall be admitted, excej)t
wheie the punishment may be death ; in whicli case, it shall not be ad-
mitted but by tlie supreme oi* circuit court, oi' by a jusiice of the su-
preme coui-t, or a judge of the district court, who sliall exercise their dis-
cretion therein, regainling the nature and circumstance of the olfence, an<l
of the evidence, and the usage of the case.



Form of loarrunt la arrest.

Umtki) Statf.s of Amkrica, ")

Northern District of New York, and connty of . J

To the marshal of the noi-thern district of New Yoi-k, and tiie .slieriflf or
any coiistal)le of the said county of .

Whereas A 15, of , in the said county and district, hath tliis day

made complaint upon oath before me. E M. one of the justices of the peace
in and for the said county of , that (' 1), ^:c.

(Here set out tin; natuiJ" of the olVence, staling, as neai'ly as may be, (he
(line and place of comniiting the onVncc, and the name of the ofleiKler.)

In pursuance of and by authority (d" the statutes of the United Slates of
America in such case made and pi-ovidcd, you are hei'eby commanded and
j-i'(piired fortIi\\ith to appreliend liini. the said C D, and to biitig him be-
iure me, to answer unto the matters contained in said complaini and in-



[ House "Doc. No. 74. J 433

formation, and to be further dealt w ith according to law. Herein fail not.

Given under my hand and seal the day of , in tiic yeni-of our

Lord one thousand eight hundred and .



Form of a Recognizance.

United Statks of America, ")

Northern District of New York, J

Be it remembered, that on the day of , in the year of our

Lord one thousatid eight hundred and , A B, of in said district,

laborer, C D, of caipenter, and E F, of saddler, both in

said district, j)ersotially came and appeared before me, I F, esquire, one

of the justices assigned to keep the peace in and for the county of ,

in sai(l northern district of New York, and severally ackno\\le<lged them-
selves to owe to tlie United States of Anierica, to wit : the said A B, the

sum of dollars, and the said C D and ¥, F, each, the sum of

dollars, separately, of current money of the said United Stales of America,
to be respectively made and levied of their several goods and chattels, lands
and tenements, to the use of the said United States of America, if the said
A B shall (ail in peiforming the condition underwritten.

The condition of the recognizance is such, that if the above bounden
A B sliall pers(tnally appear at tlie next circuit court of the Unitc(i States
of America, to be l^cdden at the ( ity of Albany, in and for the northern
district of New York, in the second circuit, then and there to answer to
an indictment to be j)ieferred against him on behalf of the said United
States of America, foi* (here state the nature of tlie charge and complaint,)
and to do and receive what shall, by the said court, be then and there en-
joined on him, and shall not <!epart the said court without leave, then the
above recognizance to be void ; otherwise, to remain in fidl force.

Taken and acknowledged before me,



Condition of a recognizance to give evidence,

(The forni of the recognizance itself may be as above, varying it so as
to leave out the sureties, except when the oflicer may deem it proper to
require suieties.)

The condition of the above recognizance is such, that if the above boun-
d^^ P R shall personally appeal' at the next circuit court of the United
States of Ameiica, to be liolden at the city of Albany, in and for the north-
ern district of New Yoik, in the second ciixuit, and then and there give
such evidence as he knowcth. uj)on a bill of indictment to be exhibited on
behalf of the United States of America, to the grand jury of the said dis-
trict, against G D, late of in said district, laborer, for

(Here state the nature of the complaint.)
and in case said bill be found a true bill, then if the said V R shall then
and there give evidence to the jurors that shall pavs on the trial of the
said indictment, and not depart thence without leave of the court, then this
recognizance to be void ; otherwise, to remain in full force and effect.

Taken and acknowledged before me, .

29



434 f House Doc. No. 74, ]

Form of a mittimtis.



^ ss.



United States of America,

Northern District of New York, and county of -
To the marshal of the said district, and to the sheritf and any constable of
the said county, and to the keeper of the common jail in said county :

Inder and pursuant to the statutes of the United States of America in
such case made and provided, you are hereby charged and commanded
that you furtinvith carry and deliver C D, this day brought before me,
A D, esquire, one of the justices of the peace in and for the said county,

by , and charged upon the oath of S T, with (here state the offence :)

and you, the said keeper, are hereby required to receive the said C D into
your custody in the said jail, and him there safely keep until he be thence
delivered by due course of lavv>

Given under my hand, &c. ■



Mr. Forsyth to Governor Jenison-

Department of State,

Washington, December 27, 18S7.

Sir: I have the honor to acknowledge the receipt of your letter of the
l6'h instant, and to communicate to you, by direction of the President, his
satisfaction at the i)romptness with which you came forward, in your offi-
cial character, to prevent a violation, within the limits of the State of Ver-
inont, of the laws of the United States for preserving our neutral relations,
wliich, it was feared, might be infringed from want of a proper considera-
tion of the consequences, during the excitement produced on the frontier
by the disturbances in Canada. It is hoped ihat you will transmit to the
Department whatever important information upon the subject you may at
any time leceive, accomjtanied by such observations as may suggest them-
selves to your own mind, and as you may deem likely to be useful to the
General Government. In the existing state of things, it is not thought
that the presence of troops of the United States can be necessary for the
protection of our citizens along the line, or for quieting any reasonable
appreliension ; but, if the course of events should be such as to render it
expedient, a sutDcient detachment will be furnished for the purpose.

I have the honor to be, &c.

JOHN FORSYTH,

'lo His Excellency S. H. Jenison,

Governor of Vermont.



Mr. Forsyth to Mr. Kellogg.

Department of State,

Washington, December 29, 1837.
Sir : 1 have to acknowledge the receipt of your letter of the 20tli in-
stant, in relation to the excitement in the district bordering on the Cana-



[ House Doc. No. 74. J 435

dian frontier. It has been laid beCore the President, and an extract from
it was published in the Globe of last evening.

I am, sir, your obedient servant,

JOHN FORSYTH.
Daniel Kellogg, Esq.,

United States Attorney^ Rockingham, Vermont.



Mr. Woodbury to Mr. Forsyth.

Treasury Department, Jaixuarij 5, 1838.
Sib ; I have the honor to transmit to you copies of letters addressed
yesterday to the collectors of the customs at Eric and Buffalo, and to the
commander of the revenue cutter Erie.

I am, very respectfully, vour obedient servant,

LEVI WOODBURY,

Secretary of the Treasury.
Hon. John Forsyth,

Secretary of State.



Mr. Barker to Mr. Woodbury .^^( Extract, j

Collector's Office, Buffalo, December SO, 1837.

At this time there is no communication between us and Canada ; no
boats are running on the Niagara. I have this day sent the President an
extra from the Buffalo Journal, in relation to the affair of the steamboat
Caroline. It occurred in the Niagara district. Mr. Scoville will, no
doubt, give you particulars. Our city is in great alarm. The whole
frontier is in motion, and God knows where it will end. An express has
been sent to Governor Marcy to call out the militia.

The district attorney and marshal are now in Rochester, endeavoring
to discharge their duty. Such is the exasperated state of feeling, that /
very much fear the laws cannot he enforced without great loss of life. Ail
shall be done on my part, as an officer of the Government, and as acting
mayor of this city, to preserve and sustain the laws.
Respectfully, your obedient servant,

PIERRE A. BARKER, Collector.

Hon. Levi Woodbury,

Secretary of the Treasury.



Air. Woodbury to Captain Dobbin.

Treasury Department, Janua-^j 4, 1838,

Sm : In consequence of the existing state of affairs in the Canadas, it

IS deemed proper that the utmost vigilance should be observed in the due

^^xecution of the laws, and the most effectual measures taken to suppress any

illegal or improper interference on the part of our citizens in the affairs of



436 I House Uoc. No. 74. j

the iii'igliboiii)g i>eoi)lo. Acrordingly, tlie Prosidciit lias dii'ccted that the
rfveiiiic cutter under your rommand be placed under the (onti'olof the col-
lecliir at lJiin"al<i. and that she be employed in aiding the anthoiitics oC the
Go\ei'nment in inaiiitaining the laws, and enforcing the obligations thereby
imposed on citizens of the United States. You are, therefore, directed to
proceed, if the state of the water will permit, with all practicable des-
patch, with the vessel, to that port, and rej)ort your arrival to the col-
lector of the customs, who will instruct you in the measures necessary to
be taken to suppress all and every attempt to violate the laws, and whose
orders in this respect you will obey.

I am, very respectfully, your obedient servant,

LEVI WOODBURY,
Secretary of the Treasury.

Daniel Dobbin, Esq.

Commanding U. S, Revenue Cutter Erie.



Mr. Woodbury to the Collector of Customs, Erie.

Treasury Department, Javuary 4, 1838.
Sir : Enclosed you will find an order addressed to the officer in com-
mand of the revenue cutter Erie, directing him to proceed with that ves-
sel to Buffalo, for the j)urpose of aiding ihe authorities of the Government
in maintainitig and enforcing a due observance of the laws, and the obliga-
tions thereby imposed on citizens of the United Stales. 1 have to request
that yon will deliver the same to Cajjtain Dobbin.
1 am, respectfully, sir, your obedient servant,

LKVI WOODBURY,
Secretary of the Treasury.
To the Collector of the Customs, Erie^ Pa.



Mr. Woodbury to Mr. Barker.

Treasury Department, Junuury 4, 1838.

Sir : I deem it proper again to call your especial attention to t!ie sub-
ject referred to in my circular of the 19th ultimo, and to urge u|)on you the
necessity of exercising due vigilance and exertion to aid the other officers
of the United States in detecting and prosecuting violators of the laws, in
the paiticulais therein i-eferred to.

It is represented that vessels and boats are engaged within the limits
of your district, in carrying arms, ammunition, and military supplies to the
Canadian side of the lines, for the use of the foi'ccs arrayed against the
British Goverimient. You will take measures to seize any vessel or car-
riage of any kind which may be engaged in sucii transactions ; and also
have the proper proceedings instituted against all individuals having
charge or connexion therewith. In any case of <lifliculty, you may con-
sult with the United States district attorney, and be governed by his
advice.



[ House Doc. No. 74. J 437

The commander of ihe cutter Erie has been ordered to jjroceed with
said vessel to BiifTalo, (if tlie ice will not pievent it,) to aid yon in enfor-
cing the liuvs. You will therefore be pleased to employ this vessel and
crew, as emergencies may suggest ; giving such instiuctions to the com-
mander, from time to time, as you may deem necessary to accomplish the
objects before stated.

1 am, very respectfully, your obedient servant,

LEVI WOODBURY,
Secretary of the Treasury.
Pierre A. Bauker, Esq.

Collector of the Customs, Buffalo, N. V.



Mr. Forsyth to Mr. Benton.

Department of State,

Washington, January 5, 1838.
Sir : Your letter of the 26th ultimo, with the enclosures, has been
received. If you shall not have gone to Buffalo when this communication
reaches you, the President directs that you repair to (hat place forthwith,
and that you remain there, using your utmost exertions to bring to pun-
ishment all violators of the laws for preserving the neutrality of the
United States, until the occasion for your presence shall cease. By refer-
ring to the collector, you will find he has received additional instructions
to afford you important aid in the execution of your duties and those of the
marshah

I am, sir, your obedient servant,

JOHN FORSYTH.
To Nathaniel S. Benton, Esq.

District ^^ttorney U. S., Northern District of New York.



Mr. Woodbury to Mr. Forsyth.

Treasury Department, January 6, 1838.
Sir ; I have the honor to transmit to you a copy of the instructions for-
warded yesterday to S. Scoville, Esq., collector of the customs for the dis-
trict of Niagara.

I am, very respectfully, vour obedient servant,

LEVI WOODBURY,
Secretary of Ihe Treasury^
Hon. John Forsyth,

Secretary of State.



Treasury Department, January 5, 1838.
Sir ; I deem it proper again to call your especial attention to the sub-
ject referred to in my circular of the 19th ultimo, (a copy of which was
sent you,) and to urge upon you the necessity of exercising due vigilance
and exertion, in connexion with other United States officers, in sup-



438 [ House Doc. No. 74. ]

pressing anv attempted violations ol the laws in the particulars alluded to
in said ciicular.

It is represented that boats and vessels are engaged within the limits
of your distiict in carrying arms, ammunition, aiid military supplies to the
Canadian side of the lines, for the use of the forces arrayed against the
I3i-itish Goveiiinient in Canada.

You will take prompt measures for the seizure of boats, vessels, or car-
riages of any kind wliich may be engaged in such transactions ; and also
have the jjroper proceedings instituted against all individuals having charge
or coiinexior. therewith. Should you have any dilKculty how to act in any
case, you may consult with the United States district attorney, and be gov-
erned by his advice.

The cutter Erie has been ordered to Buffalo, to aid, under the direction
of the collector of that district, in enforcing tiie law, and suppressing any
hostile aggressions towards the authorities of Canada, which may be at-
tempted on tiie part of citizens or inhabitants of the United States.

Should you require the services of the cutter, her boats, or crew, you
will be pleased to advise and consult with Mr. Barker, the collector, and
use them in such a manner as you may mutually deem expedient and prop-
er, provided the ice will jjermit.

I am. very respectfully, your obedient servant,

LEVI WOODBURY,
Secretary of the Treasury^

Seymour Scoville, Esq.
Collector of the Customs,

District of Niagara, Letviston, N. V.



3k7.1-2






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