Thirty Years' View (Vol. 2 of 2) / or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850

by Thomas Hart Benton

"I regret, however, to inform you that an outrage of a most aggravated character has been committed, accompanied by a hostile, though temporary invasion of our territory, producing the strongest feelings of resentment on the part of our citizens in the neighborhood, and on the whole border line; and that the excitement previously existing, has been alarmingly increased. To guard against the possible recurrence of any similar act, I have thought it indispensable to call out a portion of the militia to be posted on that frontier. The documents herewith presented to Congress show the character of the outrage committed, the measures taken in consequence of its occurrence, and the necessity for resorting to them. It will also be seen that the subject was immediately brought to the notice of the British minister accredited to this country, and the proper steps taken on our part to obtain the fullest information of all the circumstances leading to and attendant upon the transaction, preparatory to a demand for reparation."

The feeling in Congress was hardly less strong than in the border States, on account of this outrage, combining all the crimes of assassination, arson, burglary, and invasion of national territory. An act of Congress was immediately passed, placing large military means, and an appropriation of money in the President's hands, for the protection of our frontier. His demand for redress was unanimously seconded by Congress; and what had been so earnestly deprecated from the beginning, as a consequence of this border trouble—a difficulty between the two nations—had now come to pass; but entirely from the opposite side from which it had been expected. The British government delayed the answer to the demand for redress—avoided the assumption of the criminal act—excused and justified it—but did not assume it: and in fact could not, without contradicting the official reports of her own officers, all negativing the idea of any intention to violate the territory of the United States. The orders to the officer commanding the boats, was to seek the Caroline at Navy Island, where she had been during the day, and was expected to be at night. In pursuance of this order, the fleet of boats went to the island, near midnight; and not finding the offending vessel there, sought her elsewhere. This is the official report of Capt. Drew, of the Royal Navy, commanding the boats: "I immediately directed five boats to be armed, and manned with forty-five volunteers; and, at about eleven o'clock, P. M., we pushed off from the shore for Navy Island, when not finding her there, as expected, we went in search, and found her moored between the island and the main shore." The island here spoken of as the one between which and the main shore, the Caroline was found, was the American island, called Grand Island, any descent upon which, Colonel McNab had that day officially disclaimed, because it was American territory. The United States Attorney for the District of New York, (Mr. Rodgers), then on the border to enforce the laws against the violators of our neutrality, hearing that there was a design to make a descent upon Grand Island, addressed a note to Col. McNab, commanding on the opposite side of the river, to learn its truth; and received this answer:

"With respect to the report in the city of Buffalo, that certain forces under my command had landed upon Grand Island—an island within the territory of the United States—I can assure you that it is entirely without foundation; and that so far from my having any intention of the kind, such a proceeding would be in direct opposition to the wishes and intentions of her Britannic majesty's government, in this colony, whose servant I have the honor to be. Entering at once into the feeling which induced you to address me on this subject, I beg leave to call your attention to the following facts: That so far from occupying or intending to occupy, that or any other portion of the American territory, aggressions of a serious and hostile nature have been made upon the forces under my command from that island. Two affidavits are now before me, stating that a volley of musketry from Grand Island was yesterday fired upon a party of unarmed persons, some of whom were females, without the slightest provocation having been offered. That on the same day, one of my boats, unarmed, manned by British subjects, passing along the American shore, and without any cause being given, was fired upon from the American side, near Fort Schlosser, by cannon, the property, I am told, of the United States."

This was written on the 29th day of December, and it was eleven o'clock of the night of that day that the Caroline was destroyed on the American shore. It was Col. McNab, commanding the forces at Chippewa, that gave the order to destroy the Caroline. The letter and the order were both written the same day—probably within the same hour, as both were written in the afternoon: and they were coincident in import as well as in date. The order was to seek the offending vessel at Navy Island, being British territory, and where she was seen at dark: the letter disclaimed both the fact, and the intent, of invading Grand Island, because it was American territory: and besides the disclaimer for himself, Col. McNab superadded another equally positive in behalf of her Majesty's government in Canada, declaring that such a proceeding would be in direct opposition to the wishes and intentions of the colonial government. In the face of these facts the British government found it difficult, and for a long time impossible, to assume this act of destroying the Caroline as a government proceeding. It was never so assumed during the administration of Mr. Van Buren—a period of upwards of three years—to be precise—(and this is a case which requires precision)—three years and two months and seven days: that is to say, from the 29th of December, 1837, to March 3d, 1841.

When this letter of Col. McNab was read in the House of Representatives (which it was within a few days after it was written), Mr. Fillmore (afterwards President of the United States, and then a representative from the State of New York, and, from that part of the State which included the most disturbed portion of the border), stood up in his place, and said:

"The letter just read by the clerk, at his colleague's request, was written in reply to one from the district attorney as to the reported intention of the British to invade Grand Island; and in it is the declaration that there was no such intention. Now, Mr. F. would call the attention of the House to the fact that that letter was written on the 29th December, and that it was on the very night succeeding the date of it that this gross outrage was committed on the Caroline. Moreover, he would call the attention of the House to the well-authenticated fact, that, after burning the boat, and sending it over the falls, the assassins were lighted back to McNab's camp, where he was in person, by beacons lighted there for that purpose. Mr. F. certainly deprecated a war with Great Britain as sincerely as any gentleman on that floor could possibly do: and hoped, as earnestly, that these difficulties would be amicably adjusted between the two nations. Yet, he must say, that the letter of McNab, instead of affording grounds for a palliation, was, in reality, a great aggravation of the outrage. It held out to us the assurance that there was nothing of the kind to be apprehended; and yet, a few hours afterwards, this atrocity was perpetrated by an officer sent directly from the camp of that McNab."

At the time that this was spoken the order of Col. McNab to Captain Drew had not been seen, and consequently it was not known that the letter and the order were coincident in their character, and that the perfidy, implied in Mr. Fillmore's remarks, was not justly attributable to Col. McNab: but it is certain he applauded the act when done: and his letter will stand for a condemnation of it, and for the disavowal of authority to do it.

The invasion of New York was the invasion of the United States, and the President had immediately demanded redress, both for the public outrage, and for the loss of property to the owners of the boat. Mr. Van Buren's entire administration went off without obtaining an answer to these demands. As late as January, 1839—a year after the event—Mr. Stevenson, the United States minister in London, wrote: "I regret to say that no answer has yet been given to my note in the case of the Caroline." And towards the end of the same year, Mr. Forsyth, the American Secretary of State, in writing to him, expressed the belief that an answer would soon be given. He says: "I have had frequent conversations with Mr. Fox in regard to this subject—one of very recent date—and from its tone, the President expects the British government will answer your application in the case without much further delay."—Delay, however, continued; and, as late as December, 1840, no answer having yet been received, the President directed the subject again to be brought to the notice of the British government; and Mr. Forsyth accordingly wrote to Mr. Fox:

"The President deems this to be a proper occasion to remind the government of her Britannic majesty that the case of the "Caroline" has been long since brought to the attention of her Majesty's principal Secretary of State for foreign affairs, who, up to this day, has not communicated its decision thereupon. It is hoped that the government of her Majesty will perceive the importance of no longer leaving the government of the United States uninformed of its views and intentions upon a subject which has naturally produced much exasperation, and which has led to such grave consequences. I avail myself of this occasion to renew to you the assurance of my distinguished consideration."

This was near the close of Mr. Van Buren's administration, and up to that time it must be noted, first, that the British government had not assumed the act of Captain Drew in destroying the Caroline; secondly, that it had not answered (had not refused redress) for that act. Another circumstance showed that the government, in its own conduct in relation to those engaged in that affair, had not even indirectly assumed it by rewarding those who did it. Three years after the event, in the House of Commons, Lord John Russell, the premier, was asked in his place, whether it was the intention of ministers to recommend to her Majesty to bestow any reward upon Captain Drew, and others engaged in the affair of the Caroline; to which he replied negatively, and on account of the delicate nature of the subject. His answer was: "No reward had been resolved upon, and as the question involved a subject of a very delicate nature, he must decline to answer it further." Col. McNab had been knighted; not for the destruction of the Caroline on United States territory (which his order did not justify, and his letter condemned), but for his services in putting down the revolt.