CHAPTER VII.

Scott prefers complaint against General Jesup--Court of inquiry

ordered by the President--Scott fully exonerated by the

court--Complaints of citizens--Difficulties of the campaign--Speech in

Congress of Hon. Richard Biddle--Scott declines an invitation to a

dinner in New York city--Resolutions of the subscribers--Scott is

ordered to take charge of and remove the Cherokee Indians--Orders

issued to troops and address to the Indians--Origin of the Cherokee

Indian troubles--Collision threatened between Maine and New Brunswick,

and Scott sent there--Correspondence with Lieutenant-Governor

Harvey--Seizure of Navy Island by Van Rensselaer--Governor Marcy.

General Scott had, a short time previous to the events just narrated,

complained to the War Department of disobedience of orders on the part

of General Jesup, who had written a letter to the Globe newspaper in

Washington charging that Scott's conduct had been destructive of the

best interests of the country. Mr. Francis P. Blair, the editor to

whom the letter was addressed, showed it to President Jackson, who

indorsed on it an order to the Secretary of War to recall General

Scott to Washington, and that an inquiry be held as to his delay in

prosecuting the Creek War and the failure of the Florida campaign. On

Scott's arrival in Washington he asked for a court of inquiry, which

was ordered on October 3d, composed of Major-General Alexander Macomb

and Brigadier-Generals Henry Atkinson and Hugh Brady, with Colonel

Cooper, General Macomb's aid-de-camp, as judge advocate. The court

assembled at Frederick, Md., and was delayed some time by the absence

of witnesses. General Scott addressed the court in his own defense.

The finding was unanimous that the plan of the Seminole campaign was

well devised, and prosecuted with energy, steadiness, and ability; and

as to the Creek campaign, the court decided that the plan of the

campaign as adopted by General Scott was well calculated to lead to

successful results, and that it was prosecuted by him, as far as

practicable, with zeal and ability until he was recalled from the

command. This was not only a full vindication, but a compliment to him

expressed in the broadest sense.

He now addressed a letter to Secretary of War Joel R. Poinsett, asking

the immediate direction of affairs in Florida, as this was a part of

the geographical division to which he had been assigned, and a large

number of the troops of his command had been ordered there; and that

he was senior in rank to General Jesup, then commanding there. The

members of Congress from his native State made a unanimous appeal to

the Secretary of War seconding his application, but the application

was denied.

Some citizens of Florida made complaints of the nonsuccess of the

army, and severely censured General Scott. In fact, complaints of this

nature were made against every officer who commanded in Florida,

except General Zachary Taylor. It has been seen that the court of

inquiry fully vindicated General Scott's course in the management of

the war in Florida. The campaign, however, vindicated itself.

Considering the scarcity of all the means at hand, it is remarkable

how much was accomplished with so little loss of life.

When General Scott undertook this campaign Florida was a _terra

incognita_. The greater part of it had scarcely been visited by the

whites, and very little was known of the settlements of the Seminoles.

They were known by their approaches to the white settlements, and when

the war broke out by their plunders and devastations. It was not known

where their hiding places were, and this could only be determined by

pursuing them. At the time of General Scott's assignment to the

command all the information tended to locating them on the waters of

the Ouithlacoochee and the St. John's Rivers; and accordingly against

this portion of the country the movement of the army was directed.

It was not only the want of ordnance, clothing, and subsistence, but

the geographical peculiarity of Florida--with its marshes, thickets,

hammocks, everglades, and impenetrable swamps--that made this campaign

almost fruitless, and which for years baffled all efforts of the

Government to subdue this small but brave and desperate tribe of

Indians.

In Congress General Scott's campaign in Florida was defended by some

of the ablest men in the country. Richard Biddle, of Pennsylvania, in

1837, when the House of Representatives was engaged in a debate on

appropriations for carrying on the war in Florida, said: "It would be

recollected by all that after the war in Florida had assumed a

formidable aspect Major-General Scott was called to the command. An

officer of his rank and standing was not likely to seek a service in

which, amid infinite toil and vexation, there would be no opportunity

for the display of military talent on a scale at all commensurate with

that in which his past fame had been acquired. Yet he entered on it

with the alacrity, zeal, and devotion to duty by which he had ever

been distinguished....

"When the late General Brown, writing from the field of Chippewa, said

that General Scott merited the highest praises which a grateful

country could bestow, was there a single bosom throughout the wide

republic that did not respond to the sentiment? I, for one at least,

can never forget the thrill of enthusiasm, boy as I then was, which

mingled with my own devout thankfulness to God that the cloud which

seemed to have settled on our arms was at length dispelled. On that

plain it was established that Americans could be trained to meet and

to beat in the open field, without breastworks, the regulars of

Britain....

"Sir, the result of that day was due not merely to the gallantry of

General Scott upon the field. It must in part be ascribed to the

patient, anxious, and indefatigable drudgery, the consummate skill as

a tactician, with which he labored night and day, at the camp near

Buffalo, to prepare his brigade for the career on which it was about

to enter. After a brief interval he again led that brigade to the

glorious victory of Bridgewater. He bears now upon his body the wounds

of that day. It had ever been the characteristic of this officer to

seek the post of danger--not to have it thrust upon him. In the years

preceding that to which I have specially referred--in 1812 and

1813--the eminent services he rendered were in the positions which

properly belonged to others, but into which he was led by

irrepressible ardor and jealousy of honor.

"Since the peace with Great Britain the talents of General Scott have

ever been at the command of his country. His pen and his sword have

alike been put in requisition to meet the varied exigencies of the

service. When the difficulties with the Western Indians swelled into

importance, General Scott was dispatched to the scene of hostility.

There rose up before him then, in the ravages of a frightful

pestilence, a form of danger infinitely more appalling than the perils

of the field. How he bore himself in this emergency, how faithfully he

became the nurse and the physician of those from whom terror and

loathing had driven all other aid, can not be forgotten by a just and

grateful country....

"Mr. Chairman, I believe that a signal atonement to General Scott will

one day be extorted from the justice of the House. We owe it to him;

but we owe it still more to the country. What officer can feel secure

in the face of that great example of triumphant injustice? Who can

place before himself the anticipation of establishing higher claims

upon the gratitude of the country than General Scott? Yet he was

sacrificed. His past services went for nothing. Sir, you may raise new

regiments and issue new commissions, but you can not without such

atonement restore the high moral tone which befits the depositories of

the national honor. I fondly wish that the highest and lowest in the

country's service might be taught to regard this House as the jealous

guardian of his rights, against caprice, or fanaticism, or outrage

from whatever quarter. I would have him know that in running up the

national flag at the very moment our daily labors commence, we do not

go through an idle form. On whatever distant service he may be

sent--whether urging his way amid tumbling icebergs toward the pole,

or fainting in the unwholesome heat of Florida--I would enable him as

he looks up to that flag to gather hope and strength. It should impart

to him a proud feeling of confidence and security. He should know that

the same emblem of majesty and justice floats over the council of the

nation, and that in its untarnished luster we have all a common

interest and a common sympathy. Then, sir, and not before, will you

have an army or a navy worthy to sustain and to perpetuate the glory

of former days."

Soon after the decision of the court of inquiry exonerating him from

blame or censure General Scott was tendered a public dinner in New

York from leading members of both political parties. He accepted the

invitation, but it was subsequently postponed until about the middle

of May, and before that time it was altogether declined, for reasons

expressed in a note of which a copy follows:

"GENTLEMEN: Early last month I accepted the invitation to a

public dinner which you and other friends did me the honor to tender

me. In a few days the embarrassments of this great emporium became

such that I begged the compliment might be indefinitely postponed.

You, however, were so kind as to hold me to my engagement, and to

appoint a day for the meeting, which is now near at hand. In the

meantime the difficulties in the commercial world have gone on

augmenting, and many of my friends, here and elsewhere, have been

whelmed under the general calamity of the times. Feeling deeply for

the losses and anxieties of all, no public honor could now be

enjoyed by me. I must therefore, under the circumstances, positively

but most respectfully withdraw my acceptance of your invitation.

"I have the honor to remain, gentlemen, with the greatest esteem,

your friend and servant,

"WINFIELD SCOTT."

The subscribers to the dinner, on receipt of General Scott's letter,

called a meeting, Cornelius W. Lawrence in the chair, and unanimously

adopted the resolutions which follow:

"_Resolved_, That in the decision of General Scott to withdraw, for

the reasons assigned, his acceptance of the public dinner designed to

testify to him our high appreciation both of his private and public

character, we find new evidence of his sympathy with all that regards

the public welfare, and of his habitual oblivion of self where the

feelings and interests of others are concerned.

"_Resolved_, That we rejoice with the joy of friends in the result, so

honorable to General Scott, of the recent court of inquiry instituted

to investigate his military conduct as commander in chief in Alabama

and Florida, and that the President of the United States (Mr. Van

Buren), in approving its proceedings, acted in gratifying unison with

the general sentiments of the nation."

General Scott also received invitations from Richmond, Va., and

Elizabeth, N.J., both of which places had been his former homes.

The Florida War was brought to a close by the defeat of the Indians by

Colonel Zachary Taylor, in the decisive battle of Okechobee, for

which he received the brevet of Brigadier General, and in 1838 was

appointed to the chief command in Florida. Taylor was succeeded by

Brigadier-General Armistead, and in 1842 General Worth succeeded to

the command and made a treaty with Sam Jones and Billy Bowlegs,

allowing them to remain and possess a large tract of land.

In the spring of 1836 General Scott was ordered to take charge of and

superintend the removal of the Cherokee Indians to the reservation

which had been set apart for them by treaty west of the Mississippi

River. Great opposition to removal was expected from the Indians, and

much fear felt by the inhabitants contiguous to their settlements.

General Scott, however, by his kindness and generosity, won the

confidence of the Indians, and was not compelled to resort to any act

of violence. Twenty-four thousand five hundred and ninety-four were

removed, two hundred and thirty-six having lost their lives on the

steamboat Monmouth. Only seven hundred and forty-four remained east of

the Mississippi River. The Cherokees occupied territory in the States

of Georgia, North Carolina, Alabama, and Tennessee. Many of their

leaders were well educated and were men of ability, and some of them

were wealthy, owning fine farms and negro slaves. General Scott in his

Memoirs says: "The North Carolinians and Tennesseeans were kindly

disposed toward their red brethren. The Alabamians much less so. The

great difficulty was with the Georgians (more than half the army),

between whom and the Cherokees there had been feuds and wars for many

generations. The reciprocal hatred of the two races was probably never

surpassed. Almost every Georgian on leaving home, as well as after

arrival at New Echota--the center of the most populous district of the

Indian Territory--vowed never to return without having killed at least

one Indian."

General Scott arrived at the Cherokee agency, a small village on the

Hiawassee River in Tennessee, in the early part of May, 1838. He

published and circulated two addresses--one to the troops and the

other to the Indians--but had them circulated together.

Following is the address to the troops:

"HEADQUARTERS, EASTERN DIVISION,

"CHEROKEE AGENCY, _May 17, 1838_.

"Considering the number and temper of the mass to be removed,

together with the extent and fastnesses of the country occupied, it

will readily occur that simple indiscretions, acts of harshness, and

cruelty on the part of our troops may lead, step by step, to delays,

to impatience, and exasperation, and in the end to a general war and

carnage--a result in the case of these particular Indians, utterly

abhorrent to the generous sympathies of the whole American people.

Every possible kindness compatible with the necessity of removal

must therefore be shown by the troops; and if in the ranks a

despicable individual should be found capable of inflicting a wanton

injury or insult on any Cherokee man, woman, or child, it is hereby

made the special duty of the nearest good officer or man instantly

to interpose, and to seize and consign the guilty wretch to the

severest penalty of the laws. The major general is fully persuaded

that this injunction will not be neglected by the brave men under

his command, who can not be otherwise than jealous of their own

honor and that of their country.

"By early and persevering acts of kindness and humanity, it is

impossible to doubt that the Indians will soon be induced to confide

in the army, and, instead of fleeing to the mountains and forests,

flock to us for food and clothing. If, however, through false

apprehensions, individuals or a party here and there should seek to

hide themselves, they must be pursued and invited to surrender, but

not fired upon, unless they should make a stand to resist. Even in

such cases mild remedies may sometimes better succeed than violence;

and it can not be doubted, if we get possession of the women and

children first, or first capture the men, that in either case the

outstanding members of the same families will readily come in on the

assurance of forgiveness and kind treatment.

"Every captured man, as well as those who surrender themselves, must

be disarmed, with the assurance that their weapons will be carefully

preserved and restored at or beyond the Mississippi. In either case

the men will be guarded and escorted, except it may be where their

women and children are safely secured as hostages; but in general,

families in our possession will not be separated, unless it be to

send men as runners to invite others to come in.

"It may happen that Indians will be found too sick, in the opinion

of the nearest surgeon, to be removed to one of the depots indicated

above. In every such case one or more of the family or the friends

of the sick person will be left in attendance, with ample

subsistence and remedies, and the remainder of the family removed

by the troops. Infants, superannuated persons, lunatics, and women

in helpless condition, will all, in the removal, require peculiar

attention, which the brave and humane will seek to adapt to the

necessities of the several cases."

Following is the address to the Indians:

"_Major-General Scott, of the United States Army, sends to the

Cherokee people remaining in North Carolina, Georgia, Tennessee, and

Alabama this_

"ADDRESS.

"CHEROKEES: The President of the United States has sent me

with a powerful army to cause you, in obedience of the treaty of

1835, to join that part of your people who are already established

in prosperity on the other side of the Mississippi. Unhappily, the

two years which were allowed for the purpose you have suffered to

pass away without following and without making any preparation to

follow, and now, or by the time that this solemn address shall reach

your distant settlements, the emigration must be commenced in haste,

but, I hope, without disorder. I have no power by granting a further

delay to correct the error that you have committed. The full moon of

May is already on the wane, and before another shall have passed

away every Cherokee man, woman, and child in those States must be in

motion to join their brethren in the far West.

"My friends, this is no sudden determination on the part of the

President, whom you and I must now obey. By the treaty the

emigration was to have been completed on or before the 23d of this

month, and the President has constantly kept you warned during the

two years allowed, through all his officers and agents in this

country, that the treaty would be enforced.

"I am come to carry out that determination. My troops already occupy

many positions in the country that you are to abandon, and thousands

and thousands are approaching from every quarter to render

assistance and escape alike hopeless. All those troops, regular and

militia, are your friends. Receive them, and confide in them as

such. Obey them when they tell you that you can remain no longer in

this country. Soldiers are as kind-hearted as brave, and the desire

of every one of us is to execute our painful duty in mercy. We are

commanded by the President to act toward you in that spirit, and

such is also the wish of the whole people of America.

"Chiefs, headmen, and warriors, will you then by resistance compel

us to resort to arms? God forbid! Or will you by flight seek to hide

yourselves in mountains and forests, and thus oblige us to hunt you

down? Remember, that in pursuit it may be impossible to avoid

conflicts. The blood of the white man or the blood of the red man

may be spilt, and if spilt, however accidentally, if may be

impossible for the discreet and humane among you or among us to

prevent a general war and carnage. Think of this, my Cherokee

brethren! I am an old warrior, and have been present at many a scene

of slaughter; but spare me, I beseech you, the horror of witnessing

the destruction of the Cherokees.

"Do not, I invite you, even wait for the close approach of the

troops; but make such preparations for emigration as you can, and

hasten to this place, to Ross's Landing, or to Gunter's Landing,

where you will be received in kindness by officers selected for the

purpose. You will find food for all, and clothing for the destitute,

at either of those places, and thence at your ease and in comfort be

transported to your new homes according to the terms of the treaty.

"This is the address of a warrior to warriors. May his entreaties be

kindly received, and may the God of both prosper the Americans and

Cherokees, and preserve them long in peace and friendship with each

other. WINFIELD SCOTT."

There was some delay in bringing in the mountain Indians of North

Carolina, but the Indians of Tennessee and Alabama were readily

collected for emigration. General Scott remained with the Georgians,

and followed up his printed addresses by suggestions which proved to

be invaluable.

In a short time the Indians, excepting a few parties, were collected

at the place of rendezvous. The camp selected was twelve miles in

length, with a breadth of four miles. It was well shaded by large

forest trees, and had a large number of springs furnishing an

abundance of the best of water.

The sick were placed in hospitals, and attended by good physicians and

furnished with everything necessary for their comfort. General Scott

rode through the camps daily, and saw that every attention was given

to the Indians which they required, and he made inquiries and gave

special attention to the care of the sick and to the women and

children. At length he placed the matter of the emigration of the

Indians in the hands of the Cherokee authorities, having won the

entire confidence and regard of the Indians, and he ordered all of the

volunteers to their homes, except one company which he retained as a

police force, and one regiment of regulars which it was thought

necessary to retain to meet any unforeseen contingencies that might

arise. Two other regular regiments were ordered off, one to Florida

and the other to the Canada frontier. The company of volunteers

retained was from Tennessee, and of it General Scott said: "The

company of volunteers (Tennesseeans) were a body of respectable

citizens, and under their judicious commander, Captain Robertson, of

great value as a police force." The Cherokees were at this time

receiving large sums of money from the Government in the way of

damages and indemnities, and a number of gamblers and confidence men

sought to enter their camps. They were, however, kept out by the

vigilance of the Tennessee company.

In October the movement west began. General Scott accompanied them to

the junction of the Ohio and Mississippi Rivers. General Scott gives

credit for services and aid rendered him to his acting inspector

general, Major Matthew Mountjoy Payne; Captain Robert Anderson, acting

adjutant general (later the commander of Fort Sumter, and a brigadier

general); Lieutenant Erastus Darwin Keyes, aid-de-camp, afterward

major general, United States volunteers; Lieutenant Francis Taylor,

commissary; Captains Page and Abner Reviere Hetzel, quartermasters;

Lieutenant Henry L. Scott, Fourth Infantry, then aid-de-camp and

inspector general; Major H.B. Shaw, aid-de-camp, Tennessee volunteers;

Colonel William Lindsay, Second Artillery; Colonel William S. Foster,

Fourth Infantry; and Colonel Ichabod Bennett Crane, First Artillery.

Generals Worth and Floyd rendered important service in this campaign,

and their names should not be omitted.

It may be necessary, for a better understanding of the Cherokee Indian

difficulties, to add something more to what has been written. The

chief troubles which had arisen were in Georgia, and many

complications arose between the Indians and the whites. In a case

decided by the Supreme Court of the United States, the opinion being

rendered by Chief-Justice John Marshall, the status of these Indians

was thus defined: "Their relation is that of a nation claiming and

receiving the protection of one more powerful; not that of individuals

abandoning their national character and submitting as subjects to the

laws of a master."

Regarding the acts of Congress to regulate trade with the Indians the

Chief Justice said: "All these acts, and especially that of 1802,

which is still in force, manifestly consider the several Indian

nations as distinct political communities, having territorial

boundaries, within which their authority is exclusive, and having a

right to all the lands within those boundaries, which is not only

acknowledged but guaranteed by the United States." By one of the

treaties made by the United States Government with this tribe of

Indians, it was enacted and agreed that "the United States solemnly

guarantee to the Cherokee nation all their lands not hereby ceded,"

and, "that the Cherokee nation may be led to a greater degree of

civilization, and to become herdsmen and cultivators, instead of

remaining in a state of hunting, the United States will from time to

time furnish gratuitously the said nation with useful instruments of

husbandry." Acting under this treaty, a greater portion of the

Cherokees had become both cultivators and herdsmen, and rivaled their

white neighbors in both.

The trouble which arose in Georgia was from the fact that she claimed

the right to extend her criminal jurisdiction over these Indians, and

that the United States was bound to extinguish the Indian titles

within her borders. This claim of Georgia, persistently pressed,

caused the United States Government in 1802 to agree to purchase the

Indian lands, and remove them to some other territory. The Indians

resisted this action on the faith of treaties. Eventually a treaty was

made with a portion of the Cherokees by which they were to relinquish

their lands and accept lands across the Mississippi River. Many of the

Indians resisted and never ratified this treaty, yet the Government

insisted upon carrying out the treaty. General Scott received his

orders on April 10, 1838, and first established his headquarters at a

small village called Calhoun, on the Hiawassee River, in East

Tennessee. Colonel Lindsay, an officer of merit and who enjoyed the

full confidence of General Scott, was in immediate command of that

territory, had established posts in many of the settlements, and had

arranged to have the mountain passes well guarded.

Referring to these matters, the National Intelligencer of September

27, 1838, said: "The manner in which this gallant officer [Scott] has

acquitted himself within the last year upon the Canada frontier, and

lately among the Cherokees, has excited the universal admiration and

gratitude of the whole nation. Owing to his great popularity in the

North, his thorough knowledge of the laws of his own country, as well

as of those which govern nations, united to his discretion, his great

tact and experience, he has saved the country from a ruinous war with

Great Britain. And by his masterly skill and energy among the

Cherokees, united to his noble generosity and humanity, he has not

only effected what everybody supposed could not be done without the

most heartrending scenes of butchery and bloodshed, but he has

effected it by obtaining the esteem and confidence of the poor

Cherokees themselves. They look upon him as a benefactor and friend,

and one who has saved them from entire destruction. All the Cherokees

were collected for emigration without bloodshed or violence, and all

would have been on their way to the West before the middle of July,

had not humanity induced General Scott to stop the movement until the

1st of September. Three thousand had been sent off in the first half

of June by the superintendent, before the general took upon himself

the responsibility of stopping the emigration, from feelings which

must do everlasting honor to his heart. An approval of his course had

been sent on by the War Department, before his report giving

information that he had stopped the emigration had reached the seat of

Government. In the early part of January last the President had asked

Congress for enlarged powers, to enable him to maintain our neutral

obligations to England--that is, to tranquilize the Canadian

frontiers. Before the bill passed Congress, General Scott had finished

the work and effected all its objects. These, too, he effected by

flying from one end of the frontier to the other in the dead of

winter, and during the severest and coldest period of it. He returns

to Washington, and is immediately ordered to the Cherokee nation, to

take charge of the very difficult and hazardous task to his own fame

of removing those savages from their native land. Some of his best

friends regretted most sincerely that he had been ordered on this

service, and, knowing the disposition of the world to cavil and

complain without cause, had great apprehension that he would lose a

portion of the popularity he had acquired by his distinguished success

on the Canadian frontier. But behold the manner in which this last

work has been performed! There is so much of noble generosity of

character about Scott, independent of his skill and bravery as a

soldier, that his life has really been one of romantic beauty and

interest."

It was General Scott's intention to accompany the Indian emigration

farther west, but receiving information that the Canadian insurgents

were making renewed attempts on the Canadas, he was directed to

proceed at once to that frontier.

Passing through the States of Kentucky and Ohio, accompanied by

Captain Robert Anderson, he called upon their respective governors and

arranged for the calling out of volunteers should they be needed, and

also gave proper instructions to the United States marshals and

district attorneys for such duties as they might be called upon to

perform. He passed on rapidly to Cleveland, Sandusky, and Detroit, and

met great assemblages of excited citizens, and, by his appeals and

reasoning with them, prevailed upon them to desist from any acts in

violation of the neutrality with Great Britain. Pending these

important services, he learned of the trouble which had arisen between

the State of Maine and the British colony or province of New

Brunswick, and at once made haste for Washington. On his arrival at

the capital, after reporting to the President, he was called before

the committees on foreign affairs of both Houses of Congress, before

whom he urged and succeeded in securing the passage of two bills--one

authorizing the President to call out the militia for six months and

to accept the service of fifty thousand volunteers, and the other to

place to his credit ten millions of dollars. On taking leave of the

President he said to him: "Mr. President, if you want war, I need only

look on in silence. The Maine people will make it for you fast and hot

enough. I know them. But if peace be your wish, I can give no

assurance of success. The difficulties in its way will be formidable."

The President replied, "Peace with honor"; and the general, who fully

reciprocated the President's feeling, took his leave, accompanied by

Captain Robert Anderson and Lieutenant E.D. Keyes, his aid-de-camp. He

left with general instructions, but in certain events he was to act on

his own judgment without restriction. Arriving in Boston, he met

Governor Edward Everett, and arranged for calling out the militia and

accepting volunteers if needed.

Governor Everett introduced him to his executive council with the

following address: "General, I take great pleasure in introducing you

to the members of the Executive Council of Massachusetts. I need not

say that you are already known to them by reputation. They are

familiar with your fame as it is recorded in some of the arduous and

honorable fields of the country's struggles. We rejoice in meeting you

on this occasion. Charged as you are with a most momentous mission by

the President of the United States, we are sure you are intrusted

with a duty most grateful to your feelings--that of averting an appeal

to arms. We place unlimited reliance on your spirit, energy, and

discretion. Should you unhappily fail in your efforts, under the

instructions of the President, to restore harmony, we know that you

are equally prepared for a still more responsible duty. Should that

unhappy event occur, I beg you to depend on the firm support of

Massachusetts." He was then given a reception by the Legislature, and

received on its behalf by Robert C. Winthrop.

From Boston he proceeded at once to Portland, where he found the

people greatly excited, and demanding the immediate seizure and

occupation of the disputed territory. At the capital, Augusta, where

he next proceeded, he found the same excitement with the same demands.

The Legislature was in session, and a large majority of its members

were for war. The strip of disputed land was valuable chiefly for ship

timber. Some British subjects had entered the territory and cut some

of the timber, and the Governor of Maine sent an agent with a posse to

drive them off. The British seized and imprisoned the agent, and much

angry correspondence followed between the authorities of both sides.

General Scott soon determined that the only mode of settlement was to

prohibit or have an agreement on both sides to leave the territory

unoccupied by either party until the matters in dispute could be

arranged between the governments of the United States and Great

Britain, taking the matter out of the jurisdiction of the State of

Maine and the province of New Brunswick. Previous to Scott's arrival

in Maine the Legislature of that State had passed an act placing

eight hundred thousand dollars at the disposal of the Governor and

authorizing the calling out of eight thousand troops. Some of these

troops had been organized and moved near the disputed territory, and

others were held ready to move when ordered. British troops, both

regulars and militia, had also been moved forward. Everything

indicated a war. On February 27, 1839, President Van Buren had sent a

message to Congress transmitting various documents received from the

Governor of Maine, and a copy of a memorandum signed by the Secretary

of State of the United States and the British Minister to the United

States, which, it was hoped, would prevent a collision of arms. Mr.

H.B. Fox, the British Minister, had acted without specific authority

from his Government, and the memorandum therefore had only the force

of a recommendation. All correspondence had for some time ceased

between the governors of Maine and New Brunswick.

The Governor of New Brunswick, John Harvey, had been an adjutant

general of one of the armies of Canada in the campaign of 1813, and

was well known to General Scott. Scott, it will be remembered, was an

adjutant general in this campaign, and he and Colonel Harvey had

frequent correspondence, and it was so conducted as to create a

feeling of respect on both sides. At one time in the campaign

mentioned, when Scott was on a reconnoitering expedition, his party

came upon Harvey, and a gun in the hands of a soldier near Scott was

leveled on him. Scott caught the gun, and said, "Hold! he is our

prisoner," but Colonel Harvey made a rapid turn and escaped.

On General Scott's arrival in Maine he had with him a private letter

from Sir John Harvey, the Colonel Harvey just mentioned, then Governor

General of New Brunswick. It is proper to mention here, as additional

reason for good feeling between General Scott and Sir John Harvey,

that at one time in the War of 1813 an American soldier under Scott's

command had come into possession of the uniform coat of a British

staff officer, and in one of the pockets was found the miniature of a

young lady. The portmanteau from which the coat and miniature were

taken was marked "Lieutenant-Colonel Harvey." Scott purchased these

articles from the soldier and sent them to Colonel Harvey. The picture

was that of his young bride, then in England.

Governor Fairfield, of Maine, had on March 12th sent a message to the

Legislature objecting to the terms of the memorandum, but recommending

that, when fully satisfied that the Lieutenant Governor of New

Brunswick had abandoned all idea of occupying the disputed territory

with a military force, or of attempting the expulsion of citizens of

Maine, he [the Governor] be authorized to withdraw the military force,

leaving the land agent with a posse of armed or unarmed men, as the

case might require, sufficient to drive out or arrest trespassers. The

Legislature on March 20th passed resolutions in accordance with these

recommendations. The message of the Governor of Maine and the

resolutions of the Legislature required the lieutenant governor to

make the advance.

General Scott, after the action of the Legislature above mentioned,

sent a reply to Harvey's private letter, which he had held unanswered

so long. This elicited a friendly reply, and other letters of the

same character quickly followed on either side. A line of couriers

was established between them to facilitate correspondence. Governor

Harvey took the first step, and made the concessions which were

necessary to appease the authorities of Maine, but the Governor did

not feel authorized to withdraw the troops from the disputed territory

unless authorized by the Legislature. General Scott mingled freely

with members of the Legislature, urging pacific measures, and on March

20th resolutions were passed; and Scott having his memorandum with Sir

John Harvey with all concessions to restore tranquillity, the Governor

of Maine added his approval, and the question was transferred to the

authorities of the United States and Great Britain, which resulted in

a satisfactory settlement to both nations of this unhappy affair.

An uprising, confined chiefly to the French inhabitants of Upper

Canada, occurred in 1837, in which they demanded a separation from the

British Government, and they enlisted many sympathizers among citizens

of the United States, especially among those living on the Canadian

boundary. Organizations of sympathizers with the Canadians were

secretly formed by American citizens to such an extent that the

President of the United States issued a proclamation enjoining its

citizens to observe neutrality. This did not quiet the excitement, but

rather tended to increase it. Matters were brought to a crisis by the

action of a certain Van Rensselaer, who had been dismissed from the

Military Academy at West Point, and who styled himself "Colonel" Van

Rensselaer. He organized a party of Americans reckless like himself,

and took forcible possession of a small British island opposite to

Fort Schlosser, on the American side, and known as Navy Island. This

island was a short distance above the falls of Niagara. Young Van

Rensselaer engaged a small steamboat called the Caroline to ferry

parties from Navy Island, which he occupied, to Schlosser on the

American shore.

The first night on which the Caroline began her voyages the British

fitted out an expedition to capture her. Instead of making a descent

on Navy Island within British territory, they boarded the steamer at

Schlosser, on the American side, and thus violated our territory. The

boat at the time of this invasion was filled with people, many of whom

were there for idle curiosity, including a number of boys. In the

_mêlée_ of capture one American citizen was killed and several others

wounded. They cut the boat from its moorings, set it on fire, and it

drifted down the cataract. It was reported and generally believed that

when the vessel went over the cataract it had a small number of

wounded Americans on board.

The publication of this affair created the greatest excitement from

one end of the country to the other. This occurred on December 29,

1837, but the news did not reach Washington until January 4th. On the

evening of that day General Scott was to dine with President Van Buren

and a number of other distinguished gentlemen. The entire party had

arrived, but the President failed to appear. After a time he came in

and spoke inaudibly to Henry Clay, one of the guests, and then said to

General Scott: "Blood has been shed; you must go with all speed to the

Niagara frontier. The Secretary of War is now engaged in making out

your instructions." General Scott left at once, and passing through

Albany, met William L. Marcy, the Governor of New York, who with his

adjutant general (McDonald) accompanied him to the scene of the

troubles. The United States troops at this time were all either in

Florida or on the Western frontiers. General Scott, in passing through

New York, had ordered some small detachments of army recruits to

follow him. Governor Marcy was with him ready to answer his

requisitions for militia, and he had the aid of the officers

commanding on Lake Erie and the Detroit frontier and on the Niagara,

Lake Ontario, and St. Lawrence. All United States marshals and other

civil officers of the Government were ordered to support and aid him.

He passed from one place to another, going where his services could be

needed, exhorting the people to observe the neutrality proclamation of

the President; and where he found them obstinate and determined, he

notified them in terms which could not be mistaken that any attempt to

violate this proclamation would be met by resistance from the

Government, which would promptly overpower them.

Pending these troubles, a steamer called the Barcelona was taken from

the harbor of Buffalo in January, 1838, and passed down the river,

with a view to aid the insurgents on Navy Island. Scott, on learning

of this, sent an agent who made terms to employ the Barcelona for the

service of the Government. The vessel then proceeded back to Buffalo,

where it was intended to use her on Lake Erie; but the Canadian

authorities had determined to destroy her. As the vessel passed near

Grand Island, within the jurisdiction of the United States, some

armed British schooners had taken position, aided by land batteries,

to open fire on her. This was on January 16th. General Scott and

Governor Marcy stood on the river bank watching events. Batteries on

the American side were put in preparation to return the fire of the

British.

The day before the event just mentioned, Scott had written and

dispatched a note "To the Commanding Officer of the Armed British

Vessels in the Niagara":

"HEADQUARTERS, EASTERN DIVISION, U.S. ARMY,

"TWO MILES BELOW BLACK ROCK, _January 15, 1838_.

"SIR: With his Excellency, Governor Marcy, of New York, who

has troops at hand, we are here to enforce the neutrality of the

United States and to protect our own soil or waters from violation.

The proper civil officers are also present to arrest, if

practicable, the leaders of the expedition on foot against Upper

Canada. Under these circumstances, it gives me pain to perceive the

armed vessels mentioned, anchored in our waters, with the probable

intention to fire upon that expedition moving in the same waters.

Unless the expedition should first attack--in which case we shall

interfere--we shall be obliged to consider a discharge of shot or

shell from or into our waters, from the armed schooners of her

Majesty, as an act seriously compromising the neutrality of the two

nations. I hope, therefore, that no such unpleasant incident may

occur.

"I have the honor to remain, etc.

"WINFIELD SCOTT."

The next morning, January 16th, the same information was given by

General Scott to a British officer who called on him at his quarters.

The Barcelona moved up the river, and Scott had his cannon pointed and

his matches in readiness for firing. Scott stood on the highest point

in full uniform and in view of the other shore. The vessel passed up

unmolested, and doubtless by this act of Scott a war was averted.

In the meantime Van Rensselaer with his adherents had evacuated Navy

Island and landed some miles below, where they were arrested by

General Scott's orders. Thus ended a disturbance which might have

resulted in war, and it can not be gainsaid that its peaceful

settlement was due to the wisdom, firmness, and prudence of General

Scott.

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