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openly and actively engaged in furthering the designs of his infamous associates; that he had been seen at noonday on Tuesday last in the public streets of Buffalo, and that no efforts were made on the part of the state officers to arrest him.”

You observe in your communication that "it is to be hoped that the dangers thus pointed out in the communication of her Britannic majesty's minister are not real, or at least that they are exaggerated; yet that some circumstances of public notoriety give too much reason to believe that illegal designs of some sort are on foot." You assure me of the president's confidence that the government of this state will take measures “to secure the person of Alexander M'Leod, now a prisoner under the laws of this state, against violence." And you very truly remark, that any such proceeding as is supposed by her Britannic majesty's minister to be contemplated, while it would be an outrage upon all law and justice, would be an occurrence very likely to affect most seriously the peace of the country.

Immediately upon receiving this communication, I proceeded to the vicinity of Whitesboro' (called also Whitestown), with a view to adopt such measures as the exigency might require.

In my letter of the 26th of July last, I informed the president that the motion of Alexander M'Leod to be discharged without a trial, has been denied by the supreme court; that his application for a change of venue had been granted, and that the cause would be tried at a circuit court, to be held in the county of Oneida on the 27th day of the present month of September. Upon this decision being made, the prisoner was, by order of the court, committed to the custody of the sheriff of Oneida county, and has since been confined in the jail of that county at Whitesboro', distant four miles from the city of Utica.

On the 10th day of August last, I apprised the president that two field-pieces, the property of the people of this state, had been abstracted in a very secret manner from their depositories in Cayuga county; that I had made extraordinary efforts to ascertain the place of their concealment and to discover the offenders, but as yet without success. I mentioned further, in the same communication, a suspicion that the pieces of ordnance thus removed had been taken with a view to some demonstration upon the Canadian frontier; but I stated that I had no knowledge of any grounds for the suspicion, except the similarity of the movement

to what had happened on the frontier of this state a few years since. I further informed the president, that I had taken measures to protect the military property of the state; that I had given notice of the transaction which had occurred to Colonel Bankhead, who then commanded a regiment of the United States artillery at Buffalo, and had requested him to inform me whether any indications of a renewal of the disturbances on the frontier had manifested themselves under his observation. The result of very diligent inquiries is, that instead of there being in the possession of the "patriots" seven field-pieces taken from the state-arsenals, it is quite certain that they have only three pieces. One of these was taken from a gun-house at Auburn, in the county of Cayuga; another, belonging to the state, was removed from an open place in the same county, where it had lain a long time exposed; and the third, which was similarly exposed, did not belong to the state, and was not taken from any of its depositories.

The commissary-general of this state, in pursuance of my directions, has been engaged, ever since the transaction became known to me, in efforts to find the stolen ordnance, and to discover the persons by whom it was removed. Rewards have been offered for a restoration of the property and arrest of the offenders. Orders have been issued to all the commandants of regiments of artillery and keepers of arsenals within the state, directing them to guard the public arms and ordnance with strict care. The collectors of tolls and the district attorneys of the several counties traversed by the canals have been required, and the marshal of the United States for the northern district has been requested, to use all necessary efforts to bring the offenders to punishment, and to guard against such depredations in future. I have occasion to regret that I am deprived of the co-operation of the district attorney of the United States for the district where these alarms have arisen. His engagement as counsel for M'Leod placed it out of my power to communicate with him upon the subject.

Colonel Crain, of the United States army, recently informed me, that he had reason to believe there was a depository of arms and ordnance kept by the "patriots" at Sandusky or Cleveland, and he suggested that the pieces of cannon stolen from this state. might have been conveyed to such depository. Major-General

Scott stated to me, that he had information which led him to concur in the opinion expressed by Colonel Crain. Major-General Scott intends, as you are aware, to visit Cleveland and Sandusky, and he has engaged to give me information concerning the guns taken from this state, if that supposition should prove to be true.

I have addressed his excellency the governor of Ohio, requesting him to ascertain and inform me whether such a depository has been established in Ohio.

Upon inquiry of the sheriff and first judge of Oneida county, I have been informed by them that some unknown persons, with arms, have been seen lurking about Whitesboro', under circumstances which induced the public officers to believe it possible that there might be a design to endanger the person of M'Leod.

It is not possible, in my judgment, that such a plot as Mr. Fox mentions can be carried into effect in the county of Oneida. Oneida is one of the most populous and enlightened counties in the state, and any attempt to break the public peace, or to produce popular disturbance there, would be instantly put down by the citizens.

It is true that Benjamin Lett is still at large. I was informed, moreover, by the district-attorney of Erie county, that that notorious offender had recently been in the city of Buffalo, but that he was unknown at the time to the police. It is altogether untrue, if I am correctly informed, that any of the officers of the state have manifested any want of energy in bringing him to punishment, unless it be the sheriff of Oswego county, who was responsible for the delivery of the prisoner at the stateprison. Lett is a British subject. He escaped from Canada, after having committed some atrocious crimes there. The Canadian authorities offered rewards, amounting to four thousand dollars, for his arrest, as I am informed. He was subsequently convicted in Oswego county in this state, of arson, committed in a fiend-like attempt to burn and destroy a steamboat filled with human beings, and upon that conviction he was sentenced to be imprisoned in the stateprison at Auburn for seven years. On his way, under the care of the sheriff of Oswego county, to the stateprison, Lett made his escape, at the imminent peril of his life, by leaping from a railroad car while it was under full motion. I immediately issued a proclamation, designed to aid the sheriff in his efforts to

recapture the prisoner, offering a reward which was considered sufficient to secure his arrest, and I despatched special agents'in pursuit of the prisoner; but he eluded pursuit, and it has been understood that he has lurking places on the frontier, where he is supported and abetted by confederates, in contempt of the laws of this state and those of his own country.

Colonel Bankhead of the United States army, recently stationed at Buffalo, informed me last October, that he had ascertained the offender's place of retreat, and wanted only my authority to arrest him; this was promptly given. The colonel, however, informed me some few weeks since that Lett was aware of the pursuit, and that it had not been possible to arrest him.

I some time since gave the police of Rochester and Buffalo to understand that the sum originally offered for the arrest of Lett would be doubled, but public notice to that effect was not given, because I feared its effect might be to drive the fugitive out of the country. It remains for me to state for the information of the president, what measures have been adopted since the receipt of your communication.

I have instructed the sheriff of Oneida county to employ a guard of thirty persons to watch and protect the jail until the case of M'Leod is decided. I have directed notice to be given to the proper military officers of Oneida county, that they be in readiness to call out any force necessary to preserve the public peace and secure the safety of the prisoner.

I have directed that a volunteer artillery company of citizens of Oneida county, to the number of one hundred men, be immediately enlisted, organized, armed, and equipped, supplied with ammunition and held in readiness. I have, by proclamation, increased the reward offered for the recapture of Lett, to the sum of nine hundred dollars, which, together, with the sum of one hundred dollars heretofore offered by the sheriff of Oswego county, will make the sum of one thousand dollars, which will be paid for the arrest of the offender.

I have employed a confidential agent to traverse the canals, and obtain information of the purposes and plans of those who may be engaged in any such design as that mentioned in your communication.

I have called the sheriff of Oswego county to account for the escape of Lett, and for his continuing at large.

Copies of various official papers relating to the subject of your communication are herewith transmitted.

I trust the president will find in the proceedings taken by this department, sufficient grounds to justify him in assuring her Britannic majesty's government, that the state of New York is as jealously watching over the personal safety of Alexander M'Leod, while he is a prisoner in her custody, as she has firmly insisted that he shall answer at her tribunals, for the flagrant violation of her laws, of which he stands accused. And I beg leave to assure the president, that while this state is not to be deterred by any menace which Great Britain may offer, from judicially vindicating the lives and property of her citizens, she is at the same time most careful to prevent any violation of the rights of any subject of the British government.

I should not perform my whole duty if I did not state further, that the feelings of irritation which have heretofore existed upon the frontier have not altogether subsided. That if I am correctly informed, the challenge of the jurisdiction of this state over Alexander M'Leod made by the British government, has increased that irritation; and that the building two armed vessels at Chippewa, to cruise upon the lakes, has an effect to exasperate many people in this state, who regard with very natural apprehensions the military preparations of our neighbors, in a time when there are so many exaggerated rumors of diplomatic collision between this country and Great Britain.

I am obliged to express my concurrence in the belief that movements of some sort to disturb the peace between this country and the British provinces are in contemplation. I am of opinion, however, notwithstanding the communication of her Britannic majesty's minister, that the cannon taken from this state, have a destination toward the lakes, and a contest with the British steamers building there, rather than a bombardment of the jail of Oneida county.

But I confess that my information like that possessed by the general government is quite inconclusive, and I shall not fail to communicate all further information which I shall hereafter be able to acquire.

I have the honor to be, with the highest respect, your obedient

servant.

THE HONORABLE DANIEL WEBSTER, Secretary of State.

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