Removal

of three months; from Georgia, two regiments, 1,480 men; from Tennessee, one regiment and one battalion, 1,140 of the Cherokees, men; from North Carolina and Florida, one regiment, 1838. 740 men each." The successful accomplishment of this object, which was followed a few years later by the removal of the Seminoles from Florida, most satisfactorily solved one of the most serious problems that up to this time had confronted the Federal Government.

The Patriot war, 1837-38.

During the excitement attending these occurrences in the South, another cause for serious apprehension was developing on our northern frontier. A movement for the separation of Canada from Great Britain, which had been quietly proceeding for some years through the medium of secret societies, reached publicity somewhat prematurely in the summer of 1837, and almost immediately met with a sympathetic response among the American communities on this side of the border. For a time this found expression in the formation of similar secret societies in northern New York and Vermont and in the interchange of sympathetic messages and money contributions, but later these societies began to organize military companies, which were armed and drilled, at first secretly, and then, as popular sentiment seemed to favor them, openly, and in defiance of the local authorities. This sympathetic movement soon extended itself westward along the border. In Ogdensburg, Oswego, Lewiston, Niagara Falls, and Buffalo public meetings were held and men and arms pledged to the revolutionists, who had taken the name of "Patriots." From New York the excitement spread into western Pennsylvania, Ohio, and Michigan, and large numbers espoused the Patriot cause. Some 700 of these American sympathizers with arms, including 20 fieldpieces and abundant provisions, assembled during the month of November, 1837, on a small island in the Niagara River, about 2 miles above the Falls, known as Navy Island. This island, which contained about 350 acres, belonged to Canada, and during the second war with Great Britain had been strongly fortified. It was in bad dilapidation in 1837, but still capable of withstanding a siege. Aside from the fact that the majority of this force were American citizens, they were commanded by Rensselaer Van Rensselaer, of Albany, N. Y., a son of Gen. Solomon Van Rensselaer, an eminent citizen of that State and an officer of distinction during the war of 1812-1815. These circumstances had induced the Canadian authorities, through the Government of Great Britain, to offer at first. courteous remonstrances to the Government of the United States, but

a Correspondence between the War Department and the governors of Georgia, Alabama, North Carolina, and Tennessee, and with General Scott. (Senate Doc. No. 403, Forty-third Congress, first session; Ex. Doc. 453, Twenty-fifth Congress, second session.)

upon the seizure of Navy Island these efforts ceased, and the GovernorGeneral of Canada, with 4,000 regulars and militia, under one Colonel McNab, commenced operations against Navy Island.

On the night of the 29th of December, 1837, McNab surprised and seized a steamer called the Caroline, lying at Schlosser, on the American side, took it to the middle of the stream, set it on fire, and left it to drift down to the Falls. All on board were shot in the seizure or drowned. The next day McNab opened fire on the island, but without effect. When it became known that the Caroline did not belong to the Patriots nor was she concerned with them in any manner, public indignation along the border became nearly uncontrollable. On the 5th of January, 1838, the President (Van Buren) had issued a proclamation of warning to the citizens of the United States engaged in this violation of the laws of neutrality, admonishing them that they could expect no aid from the Government in extricating themselves from the consequences of whatever their folly might cost them; but on the 8th, in a message to Congress, he denounced the outrage to the Caroline in unmeasured terms; stated that the matter had been brought to the attention of the British Government, and asked for such appropriations as might be necessary to enforce the demands." About the same time the governor of New York sent a similar communication to the general assembly of the State. To allay the excitement, General Scott had been sent to the frontier to assume the command, with authority to call into the service such a militia force from the States of New York and Vermont as he might deem necessary. The following extract from his instructions, which are dated January 5, indicates the policy of the Government:

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.

On his arrival at Buffalo, General Scott called upon the governor of New York for 1,500 militia, but before they could be assembled the Patriot forces on Navy Island had determined to evacuate that

a The British Government subsequently held itself responsible for the burning of the Caroline and remunerated the owners.

Messages of the President, and accompanying documents, January 5 and 8, 1838. (Richardson, III, 399, 401.)

point as possessing no strategic advantage. Accordingly, on the 13th of January, in the presence of General Scott, Governor Marcy, and such of the militia as were drawn from Buffalo, the Patriots crossed over in boats to Grand Island where they surrendered their arms, and from thence to the mainland, where General Van Rennselaer was arrested by the United States marshal. After this the Patriots established themselves at various points along the border of lakes Erie and Ontario, and on the frontiers of Vermont and Michigan, and carried on a guerrilla warfare. Some 800 fortified themselves on Gibraltar Island in Detroit River and another considerable body gathered at Clayton. On the 5th of February, about 2,000 of them crossed to the Canada side below Malden; but, evidently dismayed at their own temerity, recrossed to the American shore and surrendered to General Brady at Fort Wayne. A few days later the State arsenals at Watertown and Batavia, N. Y., were broken open and plundered, as was the United States arsenal at Elizabethtown. By the middle of June these outrageous acts had become so annoying that the Government determined to end them. Regular troops were stationed at or near Buffalo and along the Niagara frontier; at Sacketts Harbor, Fort Covington, Champlain, and Plattsburg in New York, and at Swanton, Derby, and Troy in Vermont. The governor of New York recalled his militia-which had been mustered out after the surrender of Navy Island and every possible avenue between the two countries was carefully guarded; and these precautions were kept up for the following six months.

The Patriot war terminated somewhat ignominiously and unexpectedly about the middle of November, when in an attack upon Prescott, where they were many times outnumbered, they were beaten and compelled to surrender unconditionally. The President now issued a second proclamation. This is dated November 21, 1838, and again warned the people against the consequences of their folly. By this time, however, the "Patriot " cause had shown itself to be no less hopeless than ill timed, and sympathy with it was fast declining. Its adherents gradually slipped away, the societies disbanded, and although as late as 1840 the Patriot refugees on this side of the line were arrested while attempting incursions into Canada, the insurrection may be said to have ended with the attack upon Prescott."

In December, 1839, the militia of lowa were ordered into the service by the governor of the Territory on a statement made to him by the United States marshal that the civil authorities of Missouri were seek

Senate Fx. Doc. No. 215, Twenty-fifth Congress, second session; Senate Ex. Doc. No. 64. H. R. Does. Nos, 73, 198, 302, 440, all of Twenty-fifth Congress, second session. Niles's Register, vols, 53, 54, index, Hastings's American Politics, 132; Robert's New York, vol. 2, pp. 590-594; and Canada in 1837-38, by E. A. Theller, brigadier-general in the Canadian Republican Army, Philadelphia, 1841.

ing to extend the jurisdiction of that State over a part of the Territory of Iowa which Missouri claimed to be within her limits; that she was

Iowa boundary line, 1839.

assembling a large military force in the immediate. neighborhood of the disputed ground for the purpose of taking immediate possession and enforcing her laws; and that he was unable with any force at his control successfully to resist the effort. Upon this representation the governor of Iowa immediately issued an order for the militia to march to the scene of controversy. In response to this a regiment of militia, 42 officers and 1,133 men, assembled and were placed under the direction of the marshal, but they do not appear to have ever been called into active service. Congress subsequently recognized this service by admitting the right of this regiment to payment for one month."

From this time until the acceptance on the part of the Republic of Texas of the terms of annexation offered by our Government excited the ill will of the Government of Mexico and thus compelled the sending of troops to the Rio Grande, there was, with one exception, comparative quiet from domestic disturbances throughout the country. This exception, however, furnished the first occasion for the President to decide whether as a matter of fact an insurrection against the government of a State actually existed, and whether it would be lawful for him to intervene between two persons, each claiming to be the executive, and two organized bodies, each claiming to be the legal one.

The State of Rhode Island, which was the last of the thirteen colonies to ratify the National Constitution, was also the last to abandon her charter government. For nearly two hundred years the people of that State possessed no fundamental law except the charter granted by Charles II in 1663, and the usage of the legislature under it. This charter, among other features, restricted the right of suffrage to owners of a freehold and to their eldest sons; framed at a time when Newport was the principal town it gave her six deputies in the lower house of the legislature, while Providence was given but four. In the meantime Providence had increased its population to nearly three times that of Newport, while in 1840 the landholders numbered scarcely one-eighth of the adult male population. These restrictions, as their inequalities increased with time, became more and more obnoxious, and finally produced open discontent. Many attempts of the minority Dorr Rebellion, in the legislature to secure reform having failed, the people in mass meeting at Providence in July, 1841, authorized the assembling of a convention to frame a constitution. This constitution having been submitted to the people in December, 1841, it was claimed that a vote equal to a majority of the adult male citizens of the State was given for its adoption; and it was further

The

1842.

a H. R. Report No. 371, Twenty-eighth Congress, first session,

S. Doc. 209-5

asserted that this affirmative vote included as well a clear majority of the freeholders, or those entitled to vote under the charter. In the meantime, under the authority of the legislature, the "charter party," so called, had held a convention and framed a constitution which was submitted to the people in March, 1842, and rejected. The opposition, disregarding this, ordered an election for the 18th of April, 1842, and boldly announced their intention to see that the officers chosen at such election should be seated. On the 4th of April the governor made the following formal requisition upon the President of the United States:

The PRESIDENT OF THE UNITED STATES.

PROVIDENCE, April 4, 1842.

SIR: The State of Rhode Island is threatened with domestic violence. Apprehending that the legislature can not be convened in sufficient season to apply to the Government of the United States for effectual protection in this case, I hereby apply to you, as the executive of the State of Rhode Island, for the protection which is required by the Constitution of the United States. To communicate more fully with you on this subject I have appointed John Whipple, John Brown Francis, and Elisha R. Potter, esqs., three of our most distinguished citizens, to proceed to Washington and to make known to you in behalf of this State the circumstances which call for the interposition of the Government of the United States for our protection. I am, sir, very respectfully, your obedient servant,

SAM. W. KING, Governor of Rhode Island.

Messrs. Whipple, Francis, and Potter were the bearers of a letter from the governor in which the situation is given in detail. In this letter the governor advances the argument that a proclamation from the President and the presence in the State of an officer of the Army would convince the opposition that a contest with the State government would involve them in a contest with the Federal Government, and hence would operate as a preventive to anticipated violence and deter them from carrying out their intentions. To this the President replied on the 11th that in his opinion the time had not arrived for Federal interference; that "there must be an actual insurrection, manifested by lawless assemblages of the people or otherwise, to whom a proclamation may be addressed and who may be required to betake themselves to their respective abodes." At the same time he assured the governor that should the time arrive "when an insurrection shall exist against the government of Rhode Island, and a requisition shall be made upon the Executive of the United States to furnish that protection which is guaranteed to each State by the Constitution and the laws, I shall not be found to shrink from the performance of a duty which, while it would be the most painful, is at the same time the most imperative." 10

On the 18th of April the election ordered under the new constitution was held, and a full board of officers chosen, of whom one Thomas W. Dorr was the governor. The new government organized at Providence