_District Attorney for Erie County, and Acting for the United States_.
STATE OF NEW YORK, _Niagara County, ss_:
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.
[Subscribed and sworn to before a commissioner, etc.]
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.
[Subscribed and sworn to before a commissioner, etc.]
_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,