Some Account of the Public Life of the Late Lieutenant-General Sir George Prevost, Bart. / Particularly of His Services in the Canadas, Including a Reply to the Strictures on His Military Character, Contained in an Article in the Quarterly Review

by E. B. Brenton

No. XXIV.

Sentence of the Court-martial on Captain Barclay, p. 112.

That the capture of His Majesty's late squadron was caused by the very defective means Captain Barclay possessed to equip them on Lake Erie; the want of a sufficient number of able seamen, whom he had repeatedly and earnestly requested of Sir James Yeo to be sent to him; the very great superiority of the enemy to the British squadron; and the unfortunate early fall of the superior officers in the action. That it appeared that the greatest exertions had been made by Captain Barclay, in equipping and getting into order the vessels under his command; that he was fully justified, under the existing circumstances, in bringing the enemy to action; that the judgment and gallantry of Captain Barclay in taking his squadron into action, and during the contest, were highly conspicuous, and entitled him to the highest praise; and that the whole of the other officers and men of His Majesty's late squadron conducted themselves in the most gallant manner; and did adjudge the said Captain Robert Heriot Barclay, his surviving officers and men, to be most fully and honourably acquitted.—Rear-Admiral Foote, President.

No. XXV.[106]

Court-martial on General Procter, p. 113.

Horse Guards, 9th September, 1815.

At a General Court-martial, held at Montreal, in Upper Canada, on the 21st December, 1814, and continued by adjournments to the 28th January, 1815, Major-General Henry Procter, Lieutenant-Colonel of the 41st Regiment, was arraigned upon the undermentioned charges, viz.

1st, "That the said Major-General Procter, being entrusted with the Command of the Right Division of the Army serving in the Canadas, and the retreat of the said Division from the Western Parts of Upper Canada having become unavoidable from the loss of the Fleet on Lake Erie, on the 10th September, 1813, did not, immediately after the loss of the Fleet was known by him, make the Military arrangements best calculated for promptly effecting such retreat, and unnecessarily delayed to commence the same until the Evening of the 27th of the said Month, on which Day the Enemy had landed in considerable force within a short distance of Sandwich, the Head-Quarters of the said Division, such Conduct on the part of the said Major-General Procter, endangering the safety of the Troops under his Command, by exposing them to be attacked by a force far superior to them, being contrary to his Duty as an Officer, prejudicial to good Order and Military Discipline, and contrary to the Articles of War."

2d. "That the said Major-General Procter, after commencing the retreat of the said Division on the said 27th September, although he had reason to believe that the Enemy would immediately follow it with very superior numbers, and endeavour to harass and impede its March, did not use due expedition, or take the proper measures for conducting the said Retreat, having encumbered the said Division with large quantities of useless Baggage, having unnecessarily halted the Troops for several whole Days, and having omitted to destroy the Bridges over which the Enemy would be obliged to pass, thereby affording them the opportunity to come up with the said Division, such conduct betraying great professional incapacity on the part of the said Major-General Procter, being contrary to his Duty as an Officer, prejudicial to good Order and Military Discipline, and contrary to the Articles of War."

3d. "That the said Major-General Procter did not take the necessary measures for affording security to the Boats, Waggons, and Carts, laden with the Ammunition, Stores, and Provisions, required for the Troops on their retreat, and allowed the said Boats, Waggons, and Carts, on the 4th and 5th October, 1813, to remain in the rear of the said Division, whereby the whole, or the greater part of the said Ammunition, Stores, and Provisions, either fell into the Enemy's hands, or were destroyed to prevent their capture, and the Troops were without Provisions for a whole day previous to their being attacked on the said 5th of October; such conduct on the part of the said Major-General Procter being contrary to his duty as an Officer, prejudicial to good Order and Military Discipline, and contrary to the Articles of War."

4th. "That the said Major-General Procter having assured the Indian Chiefs in Council at Amherstburgh, as an inducement to them and their Warriors to accompany the said Division on its retreat, that on their arrival at Chatham, they should find the Forks of the Thames fortified, did nevertheless neglect fortify the same; that he also neglected to occupy the Heights above the Moravian Village, although he had previously removed his Ordnance, with the exception of one six-pounder, to that position, where, by throwing up works he might have awaited the attack of the Enemy and engaged them to great advantage; and that after the intelligence had reached him of the approach of the Enemy on the Morning of the said 5th of October, he halted the said Division, notwithstanding it was within two miles of the said Village, and formed it in a situation highly unfavourable for receiving the Attack which afterwards took place, such conduct manifesting great professional incapacity on the part of the said Major-General Procter, being contrary to his Duty as an Officer, prejudicial to Good Order and Military Discipline, and contrary to the Articles of War."

5th. "That the said Major-General Procter did not on the said 5th day of October, either prior to, or subsequent to, the Attack by the Enemy on the said Division on that day make the Military dispositions best adapted to meet or to resist the said Attack, and that during the Action, and after the Troops had given way, he did not make any effectual attempt in his own person, or otherwise, to rally or encourage them, or to co-operate with and support the Indians who were engaged with the enemy on the right, the said Major-General Procter having quitted the Field soon after the Action commenced, such Conduct on the part of Major-General Procter betraying great professional incapacity, tending to the defeat and dishonour of His Majesty's Arms, to the sacrifice of the Division of the Army committed to his charge, being in violation of his Duty, and unbecoming and disgraceful to his Character as an Officer, prejudicial to good Order and Military Discipline, and contrary to the Articles of War."

Upon which Charges the Court came to the following decision:—

"The Court having duly weighed and considered the evidence adduced, as well in support of the Charges, as in support of the Defence, is of Opinion."

"That the Prisoner, Major-General Henry Procter, Lieutenant-Colonel of the 41st Regiment, is not Guilty of any part of the First Charge; and the Court doth therefore wholly acquit him, the said Major-General Procter, of the same."

"On the Second Charge, the Court is of opinion, that the said Major-General Procter is Guilty of the following part thereof, that he did not take the proper measures for conducting the Retreat; but the Court is of Opinion, that the said Major-General Procter is Not Guilty of any other part of the said Charge, and doth therefore acquit him of the same."

"On the Third Charge the Court is of opinion, that the said Major-General Procter is Guilty of that part thereof in which it is charged, that the said Major General Procter did not take the necessary measures for affording security to the Boats, Waggons, and Carts, laden with the Ammunition, Stores, and Provisions, required for the Troops on their retreat; but the Court is of opinion, that the said Major-General Procter is Not Guilty of any part of the remainder of the said Charge, and doth therefore acquit him of the remainder thereof."

"On the Fourth Charge the Court is of opinion, that the said Major-General Procter is Guilty of that part thereof, in which it is charged that he neglected to occupy the heights above the Moravian Village, although he had previously removed his Ordnance, with the exception of one Six Pounder, to that position, where, by throwing up Works he might have awaited the attack of the Enemy, and engaged them to great advantage;—and that after the intelligence had reached him of the approach of the Enemy on the Morning of the said 5th October, he halted the said Division, notwithstanding it was within two miles of the said Village, and formed it in a situation highly unfavourable for receiving the attack, which afterwards took place;—but the Court is of opinion, that the said Major-General Procter is Not Guilty of any part of the remainder of the said charge, and doth therefore acquit him of the remainder thereof."

"On the Fifth Charge the Court is of opinion, that the said Major-General Procter is Guilty of that part thereof, in which it is charged that he did not on the said 5th day of October, either prior to or subsequent to, the attack by the Enemy on the said Division on that day, make the Military dispositions best adapted to meet or to resist the said attack; but the Court is of opinion, that that part thereof, in which it is charged that during the Action, and after the Troops had given way, he did not make any effectual attempt in his own person or otherwise, to rally or encourage them, or to co-operate with and support the Indians who were engaged with the Enemy on the right, has not been proved, and the Court doth therefore acquit him, the said Major-General Procter of the same;—and the Court is of opinion, that the said Major-General Procter is Not Guilty of any part of the remainder of the said Charge, and doth therefore fully and honourably acquit him of the same."

"Upon the whole, the Court is of opinion, that the prisoner, Major-General Procter, has in many instances during the retreat, and in the disposition of the Force under his Command, been erroneous in judgment, and in some, deficient in those energetic and active exertions, which the extraordinary difficulties of his situation so particularly required."

"The Court doth therefore adjudge him, the said Major-General Procter, to be publicly reprimanded, and to be suspended from Rank and Pay, for the period of Six Calendar Months."

"But as to any defect or reproach, with regard to the personal conduct of Major-General Procter, during the action on the 5th of October, the Court most fully and honourably acquits the said Major-General Procter."

His Royal Highness the Prince Regent has been pleased, in the name and on the behalf of His Majesty, to confirm the Finding of the Court, on the 1st, 3d, 4th, and 5th Charges.

With respect to the Second Charge it appeared to His Royal Highness to be a matter of surprise that the Court should find the prisoner Guilty of the offence alleged against him, while they at the same time Acquit him of all the facts upon which that Charge is founded;—and yet, that in the summing up of their Finding upon the whole of the Charges, they should ascribe the offences of which the prisoner has been found Guilty, to Error in Judgment, and pass a Sentence totally inapplicable to their own finding of Guilt, which can alone be ascribed to the Court having been induced, by a reference to the general good character and conduct of Major-General Procter, to forget, through a humane, but mistaken lenity, what was due from them to the Service.

Under all the circumstances of the case, however, and particularly those which render it impossible to have recourse to the otherwise expedient measure of re-assembling the Court, for the revival of their proceedings, the Prince Regent has been pleased to acquiesce in, and confirm so much of the Sentence as adjudges the prisoner to be publicly reprimanded, and in carrying the same into execution, His Royal Highness has directed the General Officer commanding in Canada, to convey to Major-General Procter, His Royal Highness's high disapprobation of his conduct, together with the expression of His Royal Highness's regret, that any officer of the length of service, and of the exalted rank which he has attained, should be so extremely wanting in professional knowledge, and so deficient in those active and energetic qualities, which must be required of every officer, but especially of one in the responsible situation in which the Major-General was placed.

His Royal Highness the Commander-in-Chief directs that the foregoing Charges preferred against Major-General Procter, together with the Finding and Sentence of the Court, and the Prince Regent's pleasure thereon, shall be entered in the General Order Book, and read at the Head of every Regiment in His Majesty's Service.

By Command of His Royal Highness,
The Commander-in-chief,
Harry Calvert,
Adjutant-General.