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