FOOTNOTES:

[35] While Colonel Craig, he was lieutenant-governor of Guernsey, in 1793, but only for a few months.

[36] Memoirs of the Administration of the Colonial Government of Lower Canada, by Sir James Henry Craig and Sir George Prevost, from the year 1807 until the year 1815; comprehending the Military and Naval operations in the Canadas during the late War with the United States of America. By Robert Christie.—Quebec, 1818.

[37] The present General Sir Gordon Drummond, G.C.B., colonel of the 49th foot. He succeeded to the command of the forces in Upper Canada in December, 1813.

[38] Lieut.-Colonel Ellice, inspecting field officer of militia.

[39] The present General Sir Roger H. Sheaffe, Bart., colonel of the 36th regiment, born at Boston, United States, 15th July, 1763, and entered the British army on the 1st May, 1778.

N.B.—On the day on which the last sheet was printed, we discovered that we had been misled by the Times of 24th November, 1835, in stating our belief that Sir George Prevost was "Canadian born." He was born at New York, May 19, 1767—his father, a native of Geneva, settled in England, and became a major-general in the British army—his mother was Dutch, and as regards nativity, Sir George Prevost was certainly not an Englishman, so that our remark at page 95 on this point applies almost equally. Sir G. Prevost was created a baronet in 1805.

[40] Miami affair.

[41] Doubtless the afterwards celebrated Tecumseh, or his brother.

[42] An American fort on the river St. Lawrence, about seventy miles from Kingston, and one hundred and twenty-five miles from Montreal.


CHAPTER VI.

Our memoir having now reached the year 1812, in which the United States of America declared war against Great Britain, we proceed to give a brief review of the causes which led to that event; and in doing so it will be necessary to go back to the commencement of the century.

The first president of America, the immortal Washington,[43] and his successor, Adams, entertained friendly sentiments towards the British government and people; but early in 1801, Jefferson succeeded the latter functionary as president, being elected by ten of the sixteen states then constituting the Union. Jefferson was as inimical to England as he was favorable to France, so was his secretary of state, and successor in the presidential chair, Madison. Although there were many intervenient heart-burnings, it was not until the year 1807, when Jefferson was a second time president, that the government of the United States assumed a decidedly hostile attitude towards Great Britain. The Berlin decree, in which the French ruler ventured to declare the British islands in a state of blockade, and to interdict all neutrals from trading with the British ports in any commodities whatever, produced fresh retaliatory orders in council, intended to support England's maritime rights and commerce, and to counteract Bonaparte's continental system. The Berlin decree was a gross infringement of the law of nations and an outrage on neutral rights, which especially called for resistance from the Americans, a neutral and trading people; but they neither resisted nor seriously remonstrated against it. Other causes of dispute arose from the determination of the British government to exclude the Americans from the blockaded ports of France, and from that inexhaustible source of quarrel, the impressment of British seamen from American vessels, especially as the difficulty of distinguishing British from American seamen led occasionally to the impressment of American native born citizens. In June, 1807, occurred the rencontre between his majesty's ship Leopard and the Chesapeake, which terminated in the forcible extraction from the American frigate of four deserters from British ships of war. The British government instantly disavowed this act, and recalled Vice-Admiral Berkeley, who had given the order to search the Chesapeake. Jefferson, however, not only issued a proclamation interdicting all British ships of war from entering the ports of the United States, but proposed to congress to lay an embargo on American vessels, and to compel the trading ships of every other nation to quit the American harbours. This proposition was warmly opposed by the federalists, or Washingtonians, but it was nevertheless adopted by large majorities. Thus matters remained, with subsequent slight modifications, from the month of December, 1807, to the declaration of war in 1812, an interval which the commercial classes spent in a hopeless struggle against bankruptcy and ruin. Attempts were not wanting on our part to arrive at a friendly accommodation, but Jefferson demanded, as a preliminary, the revocation of the British orders in council, and the entire exemption of American ships from any search, or from any question as to their crews or cargoes. The British government pledged itself to repeal the orders in council as soon as the French decrees should cease to exist. In 1809, Jefferson was succeeded as president by Madison, who was compelled to yield somewhat to the popular outcry, and to repeal the universal embargo substituting a non-intercourse act with England and France, both which nations, it must be confessed, having by restraints on their commerce given the Americans just grounds for dissatisfaction. On the 23d June, 1812, the prince regent in council revoked the orders in council as far as regarded America, with a proviso that the revocation should be of no effect unless the United States rescinded their non-intercourse act with England. It has been thought that the revocation came too late, and that if it had been conceded a few weeks earlier, there would have been no war with America; but Madison had been treating with Bonaparte's government since the end of the year 1810, and the whole course of his conduct, with his evident desire to illustrate his presidency by the conquest of Canada, proved his determination to brave a war with England. He and his party nicely calculated on which side the greater profit was to be obtained—whether the United States would gain more by going to war with England than by hostility against Bonaparte and his edicts. "Every thing in the United States," says James in his naval history, "was to be settled by a calculation of profit and loss. France had numerous allies—England scarcely any. France had no contiguous territory; England had the Canadas ready to be marched into at a moment's notice. France had no commerce; England had richly-laden merchantmen traversing every sea. England, therefore, it was against whom the death-blows of America were to be levelled." The struggles of England against Napoleon enabled the American government to choose its own time. On the 14th April, congress laid an embargo on all ships and vessels of the United States during the space of ninety days, with the view of lessening the number that would be at the mercy of England when war was finally declared, and also of manning efficiently their ships of war and privateers. By the end of May their fastest merchant vessels were converted into cruisers, ready to start at a short notice. On the 18th of June, before the revocation of the orders in council was known in the United States, a declaration of war was carried in the house of representatives by seventy-nine to forty-nine votes, its supporters being chiefly from the western and southern states to Pennsylvania inclusive, while the advocates for peace were principally from the northern and eastern states.[44]

Sir George Prevost to Major-General Brock.

QUEBEC, January 22, 1812.

It is the opinion of the adjutant-general that you will not wish to avail yourself of the conditional leave of absence I have received authority to grant you. I shall hear with particular satisfaction that Baynes is not mistaken, as I value your services highly.

If it be the disposition of government to employ Major-General Sheaffe, the death of Major-General Balfour, at Fredericton, and the absence of Major-General Wilder, affords the opportunity of doing so without depriving me of your assistance at this critical period of affairs.

Colonel Baynes to Major-General Brock, at York.

QUEBEC, January 23, 1812[45]

Sir George Prevost has commissioned me to inform you that by the October mail, which arrived two days ago, he received a letter from the adjutant-general, authorizing him to permit your return to England for the purpose of being employed on the continent, and sanctioning his appointing Major-General Sheaffe to succeed you on the staff in Canada. But Sir George, viewing the intention of the commander-in-chief as instigated solely by a desire to promote your wishes and advantage, and having learnt from me that from the tenor of your recent correspondence I was led to believe that you would prefer retaining your present charge, he has directed me to inform you of the circumstance by a private letter, which will enable you to canvass the subject with more freedom than an official communication would admit of. Your decision to remain longer in Canada will be highly acceptable to him. Sheaffe, I have no doubt, will be very speedily provided for in this country, without depriving us of your services. Sir George has asked permission to appoint him in General Wilder's place, and there will be two vacancies in Nova Scotia to fill up in the spring.

Sir George has great pleasure in acceding to your request to be permitted to nominate one or two ensigns to the Glengary Fencibles, and, if you wish, young Shaw may be immediately provided for in that corps, and afterwards transferred to the line.

The cold here has been severer for the last eight days than has ever been recollected by the oldest inhabitant; the thermometer falling as low as 33 degrees under cipher, accompanied with high wind, and never rising during all that time above 15 degrees below—it is at this moment 20 degrees under cipher: fortunate you, that are in a milder climate, for we are suffering dreadfully from excessive cold. By your description of your pastime in shooting wild pigeons, you certainly possess a very great advantage over us in these respects. We have been much plagued with opthalmia, which has been very general in the king's regiment, and the severe cold does not prevent the contagion.


On the 4th February, 1812, Major-General Brock, accompanied by a numerous suite, opened the session of the legislature at York with the following speech to the legislative council and the house of assembly:

"Honorable Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly.

"I should derive the utmost satisfaction, the first time of my addressing you, were it permitted me to direct your attention solely to such objects as tended to promote the peace and prosperity of this province.

"The glorious contest in which the British empire is engaged, and the vast sacrifice which Great Britain nobly offers to secure the independence of other nations, might be expected to stifle every feeling of envy and jealousy, and at the same time to excite the interest and command the admiration of a free people; but, regardless of such generous impressions, the American government evinces a disposition calculated to impede and divide her efforts.

"England is not only interdicted the harbours of the United States, while they afford a shelter to the cruisers of her inveterate enemy, but she is likewise required to resign those maritime rights which she has so long exercised and enjoyed. Insulting threats are offered, and hostile preparations actually commenced; and though not without hope that cool reflection and the dictates of justice may yet avert the calamities of war, I cannot, under every view of the relative situation of the province, be too urgent in recommending to your early attention the adoption of such measures as will best secure the internal peace of the country, and defeat every hostile aggression.

"Principally composed of the sons of a loyal and brave band of veterans, the militia, I am confident, stand in need of nothing but the necessary legislative provisions, to direct their ardour in the acquirement of military instruction, to form a most efficient force.

"The growing prosperity of these provinces, it is manifest, begins to awaken a spirit of envy and ambition. The acknowledged importance of this colony to the parent state will secure the continuance of her powerful protection. Her fostering care has been the first cause, under Providence, of the uninterrupted happiness you have so long enjoyed. Your industry has been liberally rewarded, and you have in consequence risen to opulence.

"These interesting truths are not uttered to animate your patriotism, but to dispel any apprehension which you may have imbibed of the possibility of England forsaking you; for you must be sensible that if once bereft of her support, if once deprived of the advantages which her commerce and the supply of her most essential wants give you, this colony, from its geographical position, must inevitably sink into comparative poverty and insignificance.

"But Heaven will look favorably on the manly exertions which the loyal and virtuous inhabitants of this happy land are prepared to make, to avert such a dire calamity.

"Our gracious prince, who so gloriously upholds the dignity of the empire, already appreciates your merit, and it will be your first care to establish, by the course of your actions, the just claim of the country to the protection of his royal highness.

"I cannot deny myself the satisfaction of announcing to you from this place, the munificent intention of his royal highness the prince regent, who has been graciously pleased to signify that a grant of £100 per annum will be proposed in the annual estimates, for every future missionary of the Gospel, sent from England, who may have faithfully discharged, for the term of ten years, the duties of his station in this province.

"Gentlemen of the House of Assembly,

"I have no doubt but that, with me, you are convinced of the necessity of a regular system of military instruction to the militia of this province;—on this salutary precaution, in the event of a war, our future safety will greatly depend, and I doubt not but that you will cheerfully lend your aid, to enable me to defray the expense of carrying into effect a measure so conducive to our security and defence.

"I have ordered the public accounts to be laid before you, and have no doubt but that you will consider them with that attention which the nature of the subject may require.

"Honorable Gentlemen of the Legislative Council and Gentlemen of the House of Assembly,

"I have, without reserve, communicated to you what has occurred to me on the existing circumstances of this province. We wish and hope for peace, but it is nevertheless our duty to be prepared for war.

"The task imposed on you, on the present occasion, is arduous; this task, however, I hope and trust, laying aside every consideration but that of the public good, you will perform with that firmness, discretion, and promptitude, which a regard to yourselves, your families, your country, and your king, call for at your hands.

"As for myself, it shall be my utmost endeavour to co-operate with you in promoting such measures as may best contribute to the security and to the prosperity of this province."

The addresses of the provincial parliament in reply were highly satisfactory, and in answer Major-General Brock observed:

"The congratulations offered upon my appointment to the honorable station I hold in this province, and the confidence you so early repose in me, are, be assured, received with pride and heartfelt satisfaction.

"Impressed with the assurance of your support, I feel a most perfect reliance that the exertions of this province will be found equal to meet every emergency of this important crisis."


The conclusion of the following letter is descriptive of Major-General Brock's views and intentions in the probable event of a war ensuing between Great Britain and the United States, and which a few months afterwards he carried into effect with a success that must have exceeded his most sanguine expectations.

Major-General Brock to Colonel Baynes, the Adj.-General.

YORK, February 12, 1812.

The assurance which I gave, in my speech at the opening of the legislature, of England co-operating in the defence of this province, has infused the utmost confidence; and I have reason at this moment to look for the acquiescence of the two houses to every measure I may think necessary to recommend for the peace and defence of the country. A spirit has manifested itself, little expected by those who conceived themselves the best qualified to judge of the disposition of the members of the house of assembly. The most powerful opponents to Governor Gore's administration take the lead on the present occasion. I, of course, do not think it expedient to damp the ardour displayed by these once doubtful characters. Some opposed Mr. Gore evidently from personal motives, but never forfeited the right of being numbered among the most loyal. Few, very few I believe, were actuated by base or unworthy considerations, however mistaken they may have been on various occasions. Their character will very soon be put to a severe test. The measures which I intend to propose are:

1.—A militia supplementary act. Sir George will hear the outlines from Captain Gray.

2.—The suspension of the habeas corpus. A copy of the act now enforced in the Lower Province.

3.—An alien law.

4.—The offer of a reward for the better apprehension of deserters.

If I succeed in all this, I shall claim some praise; but I am not without my fears. I shall send you the militia act the moment it passes into a law. The more I consider the new provisions, the more I am satisfied (giving of course every proper allowance to the disposition of the people) they are peculiarly calculated to meet the local situation of the country. I have not a musket more than will suffice to arm the active part of the militia from Kingston westward. I have therefore to request that the number of arms may be sent, according to the enclosed requisition, to the places therein specified, on the communication between Glengary and Kingston. Every man capable of carrying a musket, along the whole of that line, ought to be prepared to act. The members of the assembly from that part of the country are particularly anxious that some works may be thrown up as a rallying point and place of security for stores, &c, in the vicinity of Johnstown. I shall request Colonel M'Donnell to examine, on his return, the ground which those gentlemen recommend as best suited for that purpose. Being immediately opposite Ozwegatchie, some precaution of the sort is indispensable, were it only to preserve a free communication between the two provinces. I have been made to expect the able assistance of Captain Marlow. Should he be still at Quebec, have the goodness to direct his attention, on his way up, to that quarter. He had better consult. Colonel Frazer and Captain Gilkinson, men of sound judgment and well acquainted with the country. The militia will have of course to be employed on the works.

I must still press the necessity of an active, enterprizing, intelligent commander being stationed on that important line of communication. I wish Colonel Ellice[46] were here to undertake the arduous task, as it is wholly impossible that I can do so. Every assistance in my civil capacity I shall always be ready to give, and to that point my exertions must be necessarily limited. Niagara and Amherstburg will sufficiently occupy my attention. I deliver my sentiments freely, believing they will not be the less acceptable.

I discussed every point connected with Amherstburg so completely with Captain Gray, that I do not find any thing very essential was omitted. Colonel M'Donnell will be able probably to give us further insight as to the actual state of affairs there. He was to make every enquiry and, as far as he was permitted, to judge himself of the relative strength of Detroit. Lieut.-Colonel—— preceded him by some days, but in such state of mind that forbids my placing any dependance in his exertions. When I first mentioned my intention of sending him to Amherstburg, he seemed diffident of his abilities, but pleased at the distinction. However, when he received his final instructions, his conduct in the presence of some officers was so very improper, and otherwise so childish, that I have since written to say, if he continued in the same disposition, he was at liberty to return to Niagara. I did not directly order him back, because at this time I consider an officer of rank necessary at Amherstburg, particularly during the absence of Messrs. Elliott and Baby, who are both here attending their parliamentary duties. You will imagine, after what I have stated, that it is the influence of his rank I alone covet, and not his personal aid. He has very fortunately given timely proof that he is in no way ambitious of military fame, therefore unfit for so important a command. Should it please his excellency to place the 41st and 49th at my disposal, I propose sending the former regiment to Amherstburg, as we cannot be too strong in that quarter. I have already explained myself on that point, and Captain Gray is furnished with further arguments in support of the measure. I have delayed to the last the mention of a project which I consider of the utmost consequence in the event of hostilities. I set out with declaring my full conviction, that unless Detroit and Michilimakinack be both in our possession immediately at the commencement of hostilities, not only the district of Amherstburg, but most probably the whole country as far as Kingston, must be evacuated. How necessary, therefore, to provide effectually the means of their capture. From Amherstburg it will be impossible to send a force to reduce Michilimakinack. Unless we occupy completely both banks, no vessel could pass the river St. Clair. What I therefore presume to suggest for his excellency's consideration, is the adoption of a project which Sir James Craig contemplated three years ago. The north-west company undertook to transport 50 or 60 men up the Ottawa, and I make no doubt would engage again to perform the same service. If therefore a war be likely to occur, at the time the canoes start from Montreal, I should recommend 40 or 50 of the 49th light company, and a small detachment of artillery, embarking at the same time for St. Joseph's. Should hostilities commence, the north-west would not object to join their strength in the reduction of Michilimakinack; and should peace succeed the present wrangling, the 49th detachment could be easily removed to Amherstburg.

Colonel Baynes to Major-General Brock.

QUEBEC, February 20, 1812.

Captain M'Donnell has not clearly understood the purport of his mission to Upper Canada, and the general regrets that he should have proceeded the length he has done without having previously received your advice and instructions, to obtain which was the chief object of his visit to York. It is to be hoped, however, that sufficient patronage still remains open to meet your wishes, as the appointment of three of General Shaw's sons may be considered, from the sentiments of friendship and regard you have testified for that officer, to be almost equivalent to anticipating your own choice of them. And Sir George has directed me to inform you, that he readily accepts of your proposal to recruit two companies, to be added to the Glengary Fencibles; the nomination of the officers, viz. two captains, two lieutenants, and two ensigns, to rest entirely with you. The general has approved of the following quotas of men for the respective ranks: captains 30, lieutenants 15, and ensigns 20; the commissions to be issued on completing the quota, and such as complete their proportion quickest, or exceed in extra number of recruits, will have priority in regimental rank. I am not aware that Sir George purposes nominating a lieutenant-colonel; but I am sure that you will not feel less disposed to promote the formation of this corps, when I inform you that it is his intention to recommend me to the commander-in-chief for the appointment of colonel.

Colonel Baynes to Major-General Brock.

QUEBEC, February 22, 1812.

Sir George is much pleased with the favorable account Captain Gray has given him of your proceedings. Your speech is highly approved of here, and we shall rejoice to find our house following so laudable an example as your commons have shewn them: but I am not sanguine; they have already commenced with great illiberality and violence to vent their spleen and resentment against Sir James (Craig) in votes of censure, and I fancy Sir George, with all his amiable, conciliatory mariners, will hardly succeed in keeping them within bounds.

Major-General Brock to Sir George Prevost.

YORK, February—, 1812.

I cannot permit Colonel M'Donnell to return home without giving your excellency a short account of our proceedings here.

I had every reason to expect the almost unanimous support of the two houses of the legislature to every measure the government thought it necessary to recommend; but after a short trial, I found myself egregiously mistaken in my calculations.

The many doubtful characters in the militia made me anxious to introduce the oath of abjuration into the bill: there were twenty members in the house, when this highly important measure was lost by the casting voice of the chairman.

The great influence which the numerous settlers from the United States possess over the decisions of the lower house is truly alarming, and ought immediately, by every practical means, to be diminished. To give encouragement to real subjects to settle in this province, can alone remove the evil. The consideration of the fees should not stand in the way of such a politic arrangement; and should your excellency ultimately determine to promise some of the waste lands of the crown to such Scotch emigrants as enlist in the Glengary Fencibles, I have no hesitation in recommending, in the strongest manner, the raising of a Canadian corps upon similar offers, to be hereafter disbanded and distributed among their countrymen in the vicinity of Amherstburg. Colonel M'Donnell being in full possession of my sentiments on this subject, I beg leave to refer your excellency to him for further information.

The bill for the suspension of the habeas corpus, I regret to say, was likewise lost by a very trifling majority. A strong sentiment now prevails that war is not likely to occur with the United States, which, I believe, tended to influence the votes of the members; I mean of such who, though honest, are by their ignorance easily betrayed into error.

The low ebb of their finances appears to stagger the most desperate democrats in the States, and may possibly delay the commencement of direct hostilities; but should France and England continue the contest much longer, it appears to me absolutely impossible for the United States to avoid making their election; and the unfriendly disposition they have for some years past evinced towards England, leaves little doubt as to their choice. Your excellency, I am sensible, will excuse the freedom with which I deliver my sentiments.

Every day hostilities are retarded, the greater the difficulties we shall have to encounter. The Americans are at this moment busily employed in raising six companies of Rangers, for the express purpose of overawing the Indians; and are besides collecting a regular force at Vincennes, probably with a view of reinforcing Detroit. Indeed, report states the arrival of a large force at Fort Wayne, intended for the former garrison. Their intrigues among the different tribes are carried on openly and with the utmost activity, and as no expense is spared, it may reasonably be supposed that they do not fail of success. Divisions are thus uninterruptedly sowed among our Indian friends, and the minds of many altogether estranged from our interests. Such must inevitably be the consequence of our present inert and neutral proceedings in regard to them. It ill becomes me to determine how long true policy requires that the restrictions now imposed upon the Indian department ought to continue; but this I will venture to assert, that each day the officers are restrained from interfering in the concerns of the Indians, each time they advise peace and withhold the accustomed supply of ammunition, their influence will diminish, till at length they lose it altogether.

I find that ever since the departure of Priest Burke from Sandwich, the £50 per annum paid from the military chest to that gentleman have been withheld, on what account I have not been able to ascertain. The individual at present officiating is highly spoken of; and as several gentlemen of the Catholic persuasion have applied to me to intercede with your excellency to renew the allowance, I presume to submit the case to your indulgent consideration.

Colonel Baynes to Major-General Brock.

QUEBEC, March 5, 1812.

I have the pleasure to acknowledge the receipt of your letter of the 12th February, which I have communicated to Sir George, who is highly pleased to find you are satisfied to retain the important post you fill, and which you appear to govern under such very auspicious prospects. I sincerely trust you will be able to keep your subjects, and particularly your house of representatives, in the same good humour and sound principles which they have hitherto testified. You will perceive in the main sentiments of Sir George's opening address, a perfect accordance with your own: the answer of the assembly led to a very violent and personal debate, which lasted with closed doors for nearly eighteen hours. It would have been more to their credit had they left out the allusion which has drawn from Sir George a very appropriate retort. Your friend, James Cuthbert, was very warm and eloquent upon the occasion, and the demagogue party seemed sensible of the severity of his satire, when he compared the factious cabal to Æsop's fable of the ass kicking at the dying lion. Having vented their spleen, they will, I believe, prove a little more tractable: the militia bill has a prospect of being materially amended, and they will, I think, allow a proportion of about 2,000 men, or perhaps a few more, to be incorporated for two or three months, for three successive years; after the second year to be replaced by a new quota, and to be selected by ballot, and no substitutes permitted to serve in the place of a militiaman drawn by lot: this will be a great point gained.

Major-General Brock to Colonel Baynes.

YORK, March 9, 1812.

I received yesterday your letter dated the 20th February, and have to express my thanks to Sir George Prevost for his readiness in attending to my wishes.

His excellency having been pleased to authorize the raising of two companies under my superintendence, giving me the nomination of the officers, I have to acquaint you, for his information, that Alexander Roxburgh, Esq., has been appointed by me to raise men for a company, and William M'Lean, gentleman, for an ensigncy. The former is a gentleman strongly recommended to me by Mr. Cartwright, of Kingston; and the latter, the son of an officer formerly in the 25th regiment, who, having settled in this country, has become one of the most influential characters in it. He is a member of the house of assembly for the district of Frontenac. I have not yet determined in respect to the remaining commissions, but will report the instant the individuals are nominated.

Captain Dixon (royal engineers) proceeded four days ago to Amherstburg, with the gentlemen who were returning from their parliamentary duties.

I request you will have the goodness to inform me of the probable time I may expect the honor of seeing Sir George Prevost, as I shall consider it a duty, which I shall execute with the utmost pleasure, of meeting his excellency at Kingston.

Colonel Baynes to Major-General Brock.

QUEBEC, March 19, 1812.

I regret to find by your late letters to Sir George Prevost, that your expectations from your legislature have not been realised to the extent of your well grounded hopes. Sir George, who is well versed in the fickle and untractable disposition of public assemblies, feels more regret than disappointment. He has a very delicate card to play with his house of assembly here, who would fain keep up the farce of being highly charmed and delighted with his amiable disposition and affable manners: they have even gone the length of asserting, that these traits in his character have afforded them the most entire confidence that in his hands the alien act would not be abused. They have, however, taken the precaution of stripping it of its very essence and spirit, while last year they passed it without a division, when Sir James, (Craig,) on whose mild and affable disposition they did not pretend to rely, told them that it could only alarm such as were conscious of harbouring seditious designs. They have passed an amendment to the militia bill, which, though not affording all that was required, is still a material point gained. 2,000 men are to be ballotted to serve for three months in two successive summers; one of their strongest objections was the apprehension of the Canadians contracting military habits and enlisting into the service.[A]

Sir George has directed me to inform you, that he will be ready to render you any assistance in his power to strengthen the Upper Province; but that unless reinforcements arrive from England, (in which case you may depend upon having a due proportion put under your immediate command,) his means of doing so are but very limited. His excellency is not sanguine in his expectation of receiving reinforcements this summer; on the contrary, the appearance of hostilities beginning to abate at Washington, and the pledge held out in the prince regent's speech of supporting with energy the contest in Spain and Portugal, are likely to prevent troops being sent to this quarter, unless a more urgent necessity of doing so should appear. I will not comment on American politics, in which we all appear to agree that the deep-rooted jealousy and hatred of that people must in the end lead to hostilities, and that it behoves us not to lose sight of an event which, if not prepared to meet, we shall find more difficult to repel;—under this impression, Sir George is disposed to promote the several plans you have recommended to him, relating to the general line of conduct you would wish to adopt in the defence of the important province committed to your charge. If no additional forces be sent out, he will send up the strong detachment of the 41st, composed of uncommonly fine young men, and in very good order: the general has it also in view to send you a strong detachment of the Newfoundland regiment, selecting their seamen and marine artificers, who will be most useful in the proposed works to be carried on at York; and here I am apprehensive that the means of augmenting your strength must be bounded, unless the Glengary Levy can be rapidly formed, and Sir George is sanguine in his expectations of its being speedily placed upon a respectable footing: in that case, it could occupy Kingston and that line of communication between the provinces, which you deem so essential to be guarded. This corps will have the very great advantage of starting with a better selected body of officers than has fallen to the lot of any Fencible regiment in Canada. I hope you will feel inclined to bring forward Shaw as one of your captains, as without your countenance I fear he will find it an arduous task to provide for himself and his brother. The uniform of the corps is to be green, like that of the 95th rifles.

Sir George expressed himself very sensible of the policy of the line of conduct you would wish to pursue respecting the Indians; but as other considerations of the greatest political delicacy are so minutely interwoven with them, and as the American government are already inclined to view every transaction with those people with a jealous and suspicious eye, he would recommend the utmost caution and forbearance, lest a different line of conduct might tend to increase the irritation between the two governments, which it is evidently the wish of Great Britain to allay.

Our weather has been, and still continues for the season, severer than ever was recollected by the oldest stagers, and has rather put our Halifax friends out of conceit with the fine climate of Canada, particularly as Lady Prevost's health is delicate, and she is very sensible of cold. Mrs. Cator and Mrs. Baynes beg to be most kindly remembered to you. General Bowes accompanied Kempt to Portugal in the end of December.

Colonel Baynes to Major-General Brock.

QUEBEC, April 2, 1812.

Many thanks for the very kind and friendly note which accompanied your letter of the 9th ultimo, and I beg you to rest assured, that I am very sensible of your friendly disposition towards me, and feel particularly grateful and flattered by the kind manner in which you have the goodness to express it.

The American papers, under the head of English news, as late as the 20th January, give a circumstantial account of the death of Sir James Craig, on Sunday, the 12th, at his house in Charlotte Street. There are too many circumstances corroborating an event which was so greatly to be apprehended, to leave a shadow of doubt of the severe loss that all, who were favored with his friendship, have sustained. To me, from my earliest youth, he has been the best and kindest friend, a steady and powerful patron; for few sons ever experienced more truly paternal care and affectionate regard from the best of fathers, than I have received at the hands of that best of men. The grief that I cannot suppress is a selfish tribute to my own irreparable loss: his release from a state of cruel, lingering suffering, which, as I had so long witnessed, he bore with a degree of fortitude and patient resignation unparalleled, could have been no cause of regret to him, and therefore ought not to be so to those who most sincerely loved him; but I have so long been accustomed to cherish the grateful and affectionate sentiments of a highly favored son to the best of parents, that however I might have been prepared for this inevitable shock, I still feel that there are affections so rooted in our hearts, that this world's changes can never efface the impression. His memory will long be remembered with admiration by all who knew his merit. As a soldier he had few equals, and no knight had a fairer claim to the proud title of sans peur et sans reproche; while the widow, the orphan, and every distressed object that claimed his aid, will testify the generous heart that once animated that good and honorable man.

The ladies of this house always beg to be remembered to you, with the sincerest good wishes for your health and happiness. Mrs. Baynes has been plotting with Mrs. Colonel Robertson to elope and pay you a visit, pressing Heriot[47] into their service as their knight errant.

Major-General Brock to Lieut.-Colonel Nichol, Commanding 2d Regiment Norfolk Militia.

YORK, April 8, 1812.

The power which is vested in the person administering the government, by the amended act of the militia, passed the last session of the provincial parliament, of forming two flank companies, to be taken indiscriminately from the battalions, being limited to the end of the ensuing session, would almost deter me from incurring public expense upon a system which will cease to operate before its utility and efficacy can well be ascertained.

But being anxious at this important crisis to organize an armed force with a view of meeting future exigencies, and to demonstrate by practical experience the degree of facility with which the militia may be trained for service, I have to request you to adopt immediate measures for forming and completing, from among such men as voluntarily offer to serve, two companies, not to exceed one captain, two subalterns, two sergeants, one drummer, and thirty-five rank and file each, in the regiment under your command.

You will have the goodness to recommend two captains, whom you conceive the best qualified to undertake this important duty; the nominating of the subalterns is left to your discretion.

Such other regiments as are conveniently situated to receive military instruction, shall have an opportunity afforded them of shewing their ardour in the public service, which cannot fail of creating a laudable emulation among the different corps.

Assisted by your zeal, prudence, and intelligence, I entertain the pleasing hope of meeting with very considerable success, and of being able to establish the sound policy of rendering permanent to the end of the present war, a mode of military instruction little burdensome to individuals, and every way calculated to secure a powerful internal defence against hostile aggression.

Printed rules and regulations, for your future guidance, are herewith forwarded: the most simple, and at the same time the most useful, movements have been selected for the practice of the militia.

Experience has shewn the absolute necessity of adopting every possible precaution to preserve in a proper state the arms issued to the militia, and of guarding against the heavy defalcations which have heretofore occurred.

You will make applications to the officers commanding at Fort Erie for the number of arms and accoutrements wanting to complete the men actually engaged to serve in the flank companies; and that officer will be instructed to comply with your requisition, upon your transmitting to him duplicate receipts, one of which is to be forwarded to head quarters, that you may become responsible for the articles delivered to your order: at the same time, the most liberal construction will be given to any representation accounting for such contingencies as are incidental to the service.

[The remaining details in this letter are omitted here.]

Sir James Saumarez, Bart.[48] to Major-General Brock.

SPITHEAD, April 14, 1812.

Lieutenant Le Couteur[49] being ordered to join his regiment in Canada, permit me to recommend him to your kind notice: he is a promising young officer, and being connected with our family, makes me interested for his welfare. I congratulate you upon your present distinguished appointment. A few weeks previous to my leaving town, I was informed by Lord Liverpool that Governor Gore had leave of absence, but that if he did not return to his command, he would be happy in taking your services into consideration. From what his lordship was pleased to add, I have no doubt of your succeeding to the government, in the event of Governor Gore obtaining any other situation.

I am on the point of returning to the Baltic, where there appears a strong disposition on the part of Russia and some of the other powers to resist the aggressions of Bonaparte,—I trust with well-founded hopes of ultimate success.

Major-General Le Couteur to Major-General Brock.

LISBON, April 16, 1812.

I am here in consequence of a mistake in orders sent to me by Lord Palmerston, to join the army in Portugal, when his lordship meant Jamaica. On my arrival at Lisbon I found out the mistake, and I hope in a few days to sail for my real destination.

My son, whom you perhaps will remember an infant when you were in Jersey, will have the pleasure to deliver you this letter, if the 104th regiment be in your neighbourhood. He is only seventeen years old; very young to be sent loose on the wide world. Allow me to recommend him to your kindness and friendly protection; and should he be quartered at some distance from you, permit me to request you will be so good as to introduce him to some steady officer, or to such of your friends as might be in his neighbourhood. I shall hope to have him soon as my aide-de-camp.

Sir John Dumaresq, Kt., Lieut.-Bailiff of Jersey, to Major-General Brock.

JERSEY, April 20, 1812.

I hope you will pardon the liberty I take of giving a letter of introduction to you to my grandson, Lieut. John Le Couteur, of the 104th, son of Major-General Le Couteur, who is on his departure for Quebec with recruits. His father, who is now in Portugal, had some hopes his son might have been allowed to be on his staff; but it seems that could not take place until he has served a certain time in the regiment. He is a young man (not yet eighteen) of an excellent disposition, educated at Marlow, where he has given the most pleasing testimonies of early professional abilities and attention to his duty. I shall esteem, it a great favor, as well as his father, for any mark of attention or notice which you may have it in your power to shew him whilst under your command.

Major-General Brock to Sir George Prevost.

YORK, April 22, 1812.

I had the honor yesterday to receive your excellency's letter, dated the 21st ultimo, and I entreat you to believe that no act within my control shall afford the government of the United States a legitimate pretext to add to a clamour which has been so artfully raised against England.

We have received the account of the renewal of the embargo, and that the most rigorous measures have already been adopted to prevent the least infringement of it upon the Niagara river. Armed men, in coloured clothes, are continually patroling along the shore. These troops are stated to have recently arrived, but I have not been able to ascertain whether they belong to the new levy or to the militia. They are reported to amount to about 300. Colonel Proctor has doubtless written fully on the subject, but unfortunately the letters, by some negligence, were left at Niagara. The accounts which have reached me are not therefore so satisfactory as could be wished. An idle boy is stated to have wantonly fired with ball at the guard opposite Queenstown, and it appears that the Americans were guilty of a similar outrage by firing during the night into a room in which a woman was sitting. Luckily no mischief followed. Being detained here upon civil business, I have sent Captain Glegg over to see how matters stand, and to arrange with both civil and military the best means of preventing a recurrence of a practice which may easily lead to serious consequences. I hope to be at Niagara myself the day after to-morrow.

I beg leave to assure your excellency, that I receive with no small degree of pride the praise bestowed on my endeavours to improve the militia system of this province; and as the bill underwent some alterations after the departure of Colonel M'Donnell, particularly in limiting its operation to the end of the ensuing session, I shall have the honor to forward for your excellency's information the law as now enforced. I have, by partial and gentle means, already commenced to give it operation, and I make not the least doubt that a sufficient number will be found ready to volunteer to complete the flank companies; and I here beg leave to call your excellency's attention to the clause which authorizes the training of the flank companies six times in each month; but as no provision is made for remunerating the men, I presume to submit for your excellency's indulgent consideration, that the commissaries be instructed to issue rations for the number actually present at exercise. These companies I expect will be composed of the best description of inhabitants, who in most cases will have to go a great distance to attend parade; and, unless this liberal provision be allowed, will be liable to heavy expense, or be subject to considerable privations. According to my present arrangements, the number embodied will not exceed 700, and when the companies are completed throughout the province, they must be calculated at 1,800; and, as during harvest and the winter months few or no parades will take place, the total expense attending the measure can be of no material consequence in a pecuniary point of view, and may in a political light be productive, at this juncture, of considerable benefit.

I have likewise to request that such portion of clothing as your excellency can conveniently spare from the king's stores, may be forwarded, to enable me to clothe such companies as are the most likely to be called upon duty.

I am anxious to hear the real object of the embargo; should it be directed solely against England, the probability is that it leads to a war; but should France be included in its operation, nothing of the kind need be dreaded.

In the expectation of having the honor of seeing your excellency shortly at York, I limit, for the present, the works of the military artificers at this place, to preparing a temporary magazine for the reception of the spare powder at Fort George and Kingston, and the excavation of the ditch for the proposed fortifications of the spot on which the government house stands.

I transmit, for your excellency's perusal, a detailed account of the transactions which led to the unjustifiable censure passed by the house of assembly upon Chief Justice Scott. It is written by Mr. Nichol himself; and the warmth with which he has expressed his indignation at the wanton exercise of a power yet undefined, as far as regards this province, is not therefore surprising. I am convinced that whenever the business is brought legally before the judges, they will refuse to sanction the enormous power, under the name of privilege, which the house arrogates to itself. The executive will in that case be placed in a very awkward predicament: Mr. Nichol having commenced civil actions against the speaker and sergeant at arms for false imprisonment, will, should he succeed in obtaining damages, bring the question with double force on the tapis. The violence and ignorance which, in all probability, will mark the proceedings of the house, cannot fail of producing a dissolution. I apply forcibly to ministers for instructions, but should they be contrary to the opinion which the judges of the court of king's bench have formed of the law, I am led to believe they will not influence the members; therefore, one of two alternatives must be resorted to, either the appointment of more docile judges, or the decision of the question by a British act of parliament. I trust, for the tranquillity and prosperity of the province, that the latter mode may be preferred. I have thus freely, and perhaps with rather too much haste to be sufficiently explicit, stated the difficulties which in all likelihood I shall have to encounter at the next meeting of the legislature.

Should the effect of the embargo appear to be directed solely at Great Britain, I shall avail myself of the confidence placed in me, and order the purchase of horses, to enable the car brigade to act in case of necessity. This, being a service which requires infinite trouble and practice to bring to any degree of perfection, cannot be too soon attended to.

Sir George Prevost to Major-General Brock.

QUEBEC, April 30, 1812.

I have just heard from Mr. Foster that the secretary at war, at Washington, has transmitted orders to Governor Tompkins, of New York, to send 500 of the state militia to Niagara, 500 to the mouth of the Black River, opposite to Kingston, and 600 to Champlain, in consequence of the hostile appearances in Canada. Mr. Foster is of opinion the government of the United States calculates that something will happen on the part of these men to produce a quarrel with the British troops, which may lead to retaliation on both sides, and occasion hostilities to commence, as in this way alone, it seems thought, an unjust war can be forced on the American people, who are represented as really averse to it. We must, therefore, use every effort in our power to prevent any collision from taking place between our forces and the American.

I have also received information that the American garrison at Fort Chicago, not exceeding 60 men, has been ordered to Detroit, in consequence of apprehensions from the Indians.

Colonel Baynes to Major-General Brock.

QUEBEC, May 14, 1812.

I have great satisfaction in telling you that I have reported the Glengary light infantry more than complete to the establishment of 400 rank and file, and have received Sir George Prevost's commands to recruit for a higher establishment; indeed, the quotas the officers have engaged to fulfil will nearly amount to double that number; and from the very great success that has attended our exertions, I have no doubt of succeeding by the end of this year. Two officers have divided Nova Scotia and New Brunswick for their hunting ground, and are permitted to recruit Acadians; and Lieutenant Ronald M'Donnell, of the Canadians, proceeds in a few days to Pictou and the highland settlements on the coast and gulf: he is an officer that appears to be eminently qualified for that service, and he is sanguine that the proffer of lands in the Scotch settlements of Upper Canada will induce great numbers to enter. I am assured from various channels that the men I have got are generally young, rather too much so, and of a good description, there being very few Yankees amongst them.

I have long letters from my friends at home, giving me a detailed account of the death of my excellent and best of friends: the duke of York sat by his bedside for half an hour the day before he died, and, Somerville says, was extremely affected. Sir James, (Craig,) on the contrary, rallied from the pleasure he experienced from this condescending kindness. Sir James had a codicil written fair for his signature, the chief object of which was to add a legacy for a female cousin whom he did not know to be in existence, and to direct the sale of the priory and freehold, which cost 12,000 guineas, to enable the payment of the legacies: this instrument, not having been executed, will lead to what he most deprecated and wished to avoid, a lawsuit. The heirs at law will possess the freehold; and Wilkie, who, besides £6,000, is left the two houses in London, furniture, &c, as residuary legatee, will be stripped of the whole that is not given by special bequest, to make up the legacies: he will however, I believe, have at least £10,000 left—very ample payment for his services.

Sir George has announced his intention of recommending Battersby to be lieutenant-colonel of the Glengary corps, and ordered him to take the command of the recruits assembled at Three Rivers. Your major of brigade[50] will be recommended to succeed to his majority in the king's regiment.

Major-Gencral Brock to Sir George Prevost.

YORK, May 16, 1812.

I have this day been honored with your excellency's confidential communication, dated the 30th ultimo.

I have long since thought that nothing but the public voice restrained the United States government from commencing direct hostilities; and it is but reasonable to expect that they will seek every opportunity to influence the minds of the people against England, in order to bring them the more readily into their measures. It will be my study to guard against every event that can give them any just cause of complaint; but the proximity of the two countries will in all probability produce collisions which, however accidentally brought about, will be represented as so many acts of aggression. It would not surprise me if their first attempt to excite irritation were the seizing of the islands in the channel, to which both countries lay claim: such was represented to Sir James Craig on a former occasion to be their intention.

In addition to the force specified by your excellency, I understand that six companies of the Ohio militia are intended for Detroit. Our interests with the Indians will materially suffer in consequence of these extensive preparations being allowed to proceed with impunity. I have always considered that the reduction of Detroit would be a signal for a cordial co-operation on the part of the Indians; and if we be not in sufficient force to effect this object, no reliance ought to be placed in them.

About forty regulars were last week added to the garrison of Niagara, and by all accounts barracks are to be immediately constructed at Black Rock, almost opposite Fort Erie, for a large force.

I returned three days ago from an excursion to Fort Erie—the Grand River, where the Indians of the Six Nations are settled—and back by the head of the lake. Every gentleman, with whom I had an opportunity of conversing, assured me that an exceedingly good disposition prevailed among the people. The flank companies, in the districts in which they have been established, were instantly completed with volunteers, and indeed an almost unanimous disposition to serve is daily manifested. I shall proceed to extend this system now I have ascertained that the people are so well disposed—but my means are very limited.

I propose detaching 100 rank and file of the 41st regiment to Amherstburg, almost immediately.

Colonel Baynes to Major-General Brock.

QUEBEC, May 21, 1812.

Sir George has allowed me to make the following extracts from a dispatch of Mr. Foster's, dated the 28th April, which I do in the minister's own words: "The American government affect now to have taken every step incumbent on the executive as preparatory to war, and leave the ultimate decision to congress, as vested by the constitution in that body, which is fluctuating as the sea: there is a great party in the house of representatives for war, composed principally of the western and southern states—members who have little to lose, and may gain, while the northern and eastern states are vehement against it. The embargo seems to have been resolved upon, because at the moment they did not know what else to do. The cabinet wished only sixty days—the senate made it ninety. Our government leaves no room to expect a repeal of the order in council, yet they wait for the return of the Hornet. Something decisive must then be known; perhaps when they become completely convinced of Bonaparte's playing upon them, it will end in declaring against France. The question of adjournment was lost, notwithstanding there was an absolute majority known a few minutes before in its favor. The ruling party are split into many; the old revolutionists, jealous of younger men taking a lead. The army cannot, I conceive, soon be filled up—they get few recruits."

You will have heard, long ere you receive this, that the 49th regiment is ordered home; the 41st are by the same authority to return to Europe, but Sir George will not, under existing circumstances, attempt to relieve the posts in Upper Canada, so that there will be no immediate change in your quarter. Sir George regrets that he has not field officers of the description you require to command at Kingston and Amherstburg. The only prospect of relief in that respect which he has in view, is from the arrival of the absent inspecting field officers.

The arrangement you propose respecting the unfortunate delinquents of the 41st regiment, will perfectly meet the approbation of Sir George, who approved of your not forwarding the resignation of the younger members, or indeed of any, if they are worthy of consideration.

Kempt has brought his name into notice in the assault of La Picurina, an outwork at Badajoz, where he commanded, being on duty in the trenches. The Glengary levy goes on swimmingly.

Sir George Prevost to Major-General Brock.

QUEBEC, May 27, 1812.

I was much pleased to find, by your letter of the 22d ultimo, you had taken precautions to prevent any act occurring within your control that should afford the government of the United States a legitimate pretext to add to the clamour artfully raised by it against England.

The circumstance which happened to the guard stationed opposite to Queenstown, arrived here much exaggerated. Your account of it silenced the idle reports in circulation.

I agree with you in deploring the limitation, until the end of the ensuing session, in the operation of the militia act for Upper Canada; but as in the event of hostilities it might not be possible to convene the legislature, then the bill would in all probability continue in force during the war, provided you were not induced to make an exertion for a more perfect law.

Colonel Baynes having informed me he had an opportunity of communicating with you more expeditiously than by post, I desired him to make you acquainted with the peaceful intelligence I had just received from Mr. Foster; but although it comes with a good deal of reservation, still it warrants me in recommending the most rigid economy in carrying on the king's service, and in avoiding all expense that has not become absolutely necessary, as it is with the utmost difficulty money can be raised for the ordinary service.

I am apprehensive that I cannot look forward to the pleasure of seeing you before the end of August, as my presence in the province is become indispensably necessary during the first operation of the new militia law.

Many thanks for the particulars of the transaction which led to the censure passed by the house of assembly on Chief Justice Scott.