FOOTNOTES:
[56] Christie's Memoirs, already cited at page [90].
[57] General Sir Thomas Saumarez, now in his 85th year, and brother of the late Admiral Lord de Saumarez.
CHAPTER X.
We have mentioned that Major-General Brock had in the spring provided for the protection of Fort St. Joseph, a small British post, distant by water nearly 700 hundred miles from York, and situate about 40 miles, also by water, to the north-east of the American island and fort of Michilimakinack, or Makinack, which island is in latitude 45° 35' north, and longitude 84° 30' west; and one of his first cares, on hearing of the declaration of the war, was to send, on the 26th of June, a notification of it to Captain Roberts, who was stationed at St. Joseph with a detachment of the 10th Royal Veteran Battalion, accompanied by orders to make an immediate attack upon Michilimakinack, if practicable; or, in the event of an attack by the Americans upon St. Joseph, to defend it to the utmost. Captain Roberts received at the same time another letter from Major-General Brock, dated the 27th June, suspending the orders for the attack from the uncertainty he was under of the declaration of war. In a third letter, dated Fort George, the 28th June, Major-General Brock, being sufficiently informed of such a declaration, directed Captain Roberts to adopt the most prompt and effectual measures to possess himself of Michilimakinack, and for this purpose to summon to his assistance the Indians within his influence, as well as the gentlemen and dependants of the British fur companies near his post. On the day that Captain Roberts received this letter, another reached him from Sir George Prevost, dated Quebec, 25th of June, by which he was directed to take every precaution to secure his post against any attempt by the enemy, and, in case of necessity, to effect his retreat.[58] This contrariety of instructions from the two general officers did not fail to perplex Captain Roberts, who, however, with great promptitude and decision made preparations for the attack. By another dispatch of the 4th of July, from Major-General Brock, Captain Roberts was left at his own discretion to adopt either offensive or defensive measures, as circumstances might dictate. On the 16th July, he accordingly set out with a flotilla of boats and canoes, in which were embarked 45 officers and men of the 10th Royal Veteran Battalion, about 180 Canadians, and nearly 400 Indians, the whole convoyed by the Caledonia brig, belonging to the North-West company; and on the ensuing morning, the British force effected a landing before Michilimakinack,[59] the garrison of which, consisting only of 61 officers and men, immediately surrendered by capitulation. A quantity of military stores and seven hundred packs of furs were found in the fort, and its surrender had a very favorable effect upon the Indians, a large number of whom now joined in open hostility against the Americans. It will be found by a letter of the 12th August, from Sir George Prevost, who appears to have seen no safety but in defensive measures, that he would not have approved of the attack on Michilimakinack if it had occurred prior to Hull's invasion! And yet that officer, in his official dispatch relative to the capture of his army and the surrender of Detroit, attributed his disasters partly to the fall of Michilimakinack, which he said opened the northern hive of Indians against him!
Major-General Brock to Sir George Prevost.
YORK, July 29, 1812.
I have the honor to transmit herewith a dispatch this instant received from Captain Roberts, announcing the surrender by capitulation, on the 17th instant, of Fort Michilimakinack.
The conduct of this officer since his appointment to the command of that distant post, has been distinguished by much zeal and judgment, and his recent eminent display of those qualities your excellency will find has been attended with the most happy effect.
The militia stationed here volunteered this morning their services to any part of the province without the least hesitation. I have selected 100, whom I have directed to proceed without delay to Long Point, where I purpose collecting a force for the relief of Amherstburg. This example, I hope, will be followed by as many as may be required. By the militia law, a mail refusing to march may be fined £5, or confined three months; and although I have assembled the legislature for the express purpose of amending the act, I much fear nothing material will be done. Your excellency will scarcely believe, that this infatuated house of assembly have refused, by a majority of two, to suspend for a limited time the habeas corpus.
The capture of Michilimakinack may produce great changes to the westward. The actual invasion of the province justifies every act of hostility on the American territory.
It was not till this morning that I was honored with your excellency's dispatches, dated the 7th and 10th instant. Their contents, I beg to assure your excellency, have relieved my mind considerably. I doubt whether General Hull had instructions to cross to this side of the river; I rather suspect he was compelled by a want of provisions. I embark immediately in the Prince Regent for Fort George. I return here the day after to-morrow, and shall probably dissolve the legislature.
Sir George Prevost to Major-General Brock.
QUEBEC, July 31, 1812.
I have received your letter of the 20th instant, accompanied by the copy of two letters from Lieut.-Colonel St. George, who is in command at Amherstburg, and some interesting documents found on board a schooner, which had been taken by the boats of the Hunter.
In consequence of your having desired Colonel Proctor to proceed to Amherstburg, and of your presence being necessary at the seat of government to meet the legislature of Upper Canada, I have taken upon myself to place Major-General Sheaffe on the staff, to enable me to send him to assist you in the arduous task you have to perform, in the able execution of which I have great confidence. He has been accordingly directed to proceed without delay to Upper Canada, there to place himself under your command.
I believe you are authorized by the commission under which you administer the government of Upper Canada, to declare martial law in the event of invasion or insurrection; it is therefore for you to consider whether you can obtain any thing equivalent to that power from your legislature. I have not succeeded in obtaining a modification of it in Lower Canada, and must therefore, upon the occurrence of either of those calamities, declare the law martial unqualified, and of course shut the doors of the courts of civil law.
The report transmitted by Captain Dixon, of the Royal Engineers, to Lieut.-Colonel Bruyeres, of the state of defence in which he had placed Fort Amherstburg, together with the description of the troops allotted for its defence, give me a foreboding that the result of General Hull's attempt upon that fort will terminate honorably to our arms.
If Lieut.-Colonel St. George be possessed of the talents and resources required to form a soldier, he is fortunate in the opportunity of displaying them. Should General Hull be compelled to relinquish his operations against Amherstburg, it will be proper his future movements should be most carefully observed, as his late march exhibits a more than ordinary character of enterprize.
Your supposition of my slender means is but too correct; notwithstanding, you may rely upon every exertion being made to preserve uninterrupted the communication between Kingston and Montreal, and that I will also give all possible support to your endeavours to overcome every difficulty.
The possession of Malden, which I consider means Amherstburg, appears a favorite object with the government of the United States. I sincerely hope you will disappoint them.
Should the intelligence, which arrived yesterday by the way of Newfoundland, prove correct, a remarkable coincidence will exist in the revocation of our orders in council as regards America, and the declaration of war by congress against England, both having taken place on the same day in London and at Washington, the 17th June.
Colonel Baynes to Major-General Brock.
QUEBEC, August 1, 1812.
Sir George yesterday received your letter of the 20th with its several enclosures, which are, I assure you, highly interesting to all, and doubly so to those who feel warmly and sincerely attached to you; and few, I believe, possess more friends and well wishers than yourself. 100 effective of the Newfoundland, and 50 picked men of the Veterans, left this in boats on Thursday, and, as it has blown a gale of east wind ever since, have I trust made great progress: they were intended to reinforce the garrison of Kingston, and to relieve the company of the 49th that escorted stores to that place. Sir George regrets extremely his inability to render you a more efficient aid, but, under existing circumstances, he does not feel himself warranted to do more. I regret to find your militia at Sandwich so lukewarm, to call it by no harsher name; but I fear that little can be expected from those recently settled, or of American extraction, and with our Canadians we have found a very reluctant compliance. I trust we may still look to considerable reinforcements from home this year. We are led to expect the 1st battalion of the Royals from the West Indies immediately, destined indeed to relieve the 41st. I hope we shall not be disappointed, as our militia will feel bold if well backed; and I am sure Sir George will rejoice in receiving the means of rendering you further assistance. It appears to be credited that the orders in council were rescinded, in as far as regarded America, on the 17th June, the day the war vote was carried: this will strengthen the oppositionists in the States, and the timid will feel alarmed, not without reason, when they read the glorious and judicious exploit of Captain Hotham, in the Northumberland, 74, in destroying, under circumstances of great difficulty and peril, two French 44-gun frigates and a sloop, which received a superior degree of protection from batteries on the shore than can be afforded to Commodore Rodgers in any harbour of the States.
The Americans are forming depôts in the neighbourhood of the Montreal frontier and building batteries on the lake, but they have not brought forward any considerable shew of strength;—on this appearance of weakness we cannot rely, as it would answer no good end making a parade before they intended to attack. If they be serious in their views on this province, the attempt will be probably backed by predatory incursions on various points. A corps of militia is kept on the Point Levi side.
Our legislature meet this day to terminate the session. One great object has been accomplished in the house, adding the provincial security to the army money note bill; the province pays the interest accruing upon the notes and the expense of the establishment, and they are constituted a legal tender. Without this step we were completely at a stand, for we could not obtain money to pay the last month's subsistence to the troops: great benefit is expected to accrue from the operation of the bill. The clergy have engaged to promote the circulation of the notes, all of which above twenty-five dollars bear interest, and all under are payable on demand.
Adieu, my dear generals—may every success and good fortune attend you in the arduous task before you: we cannot command success, but I am sure you will not fail to merit it.
Lieut.-Colonel Bruyeres, Royal Engineers, to Major-General Brock.
QUEBEC, August 1, 1812.
I take the favorable advantage of this being delivered to you by General Sheaffe, to assure you of the sincere interest I feel in the very arduous and important position you are now placed in to protect and defend a chain of posts, and a country that has been so long neglected. This difficult task placed in any other hands, I should consider very discouraging; but I acknowledge that I look with a certain degree of confidence to your abilities and perseverance in surmounting every difficulty that must unavoidably occur in a service of this nature. I most fervently and earnestly hope that every possible success may attend all your proceedings. I trust that you will always meet with zeal and activity in the officers of my department, to perform every part of the duty allotted to their charge. It is very difficult at this distance to suggest any ideas that might be useful, as every operation in which you are engaged must depend so entirely upon local circumstances, and the conduct which the enemy may pursue towards attaining the object he has in view. I am glad to find that the new arrival of the Royals, expected at Quebec to-morrow, will give you the reinforcement of the 49th regiment, which, with the detachments of the Newfoundland and Veterans, and gun-boat No. 7, will add something to your present strength.
Sir George Prevost to Major-General Brock.
QUEBEC, August 2, 1812.
Last evening an officer of the 98th regiment arrived here express from Halifax, the bearer of dispatches to me, dated on the 22d ultimo, from Mr. Foster, who was then in Nova Scotia.
I lose no time in making you acquainted with the substance of this gentleman's communication. He informs me that he had just received dispatches from England, referring to a declaration of ministers in parliament, relative to a proposed repeal of the orders in council, provided the United States government would return to relations of amity with us, the contents of which may possibly induce the American government to agree to a suspension of hostilities as a preliminary to negotiations for peace;—that he proposed sending his majesty's hired armed ketch Gleaner to New York, with letters to Mr. Baker, whom he had left at Washington in a demi-official capacity, with directions to communicate with the American minister and to write to me the result of his interview. Should the president of the United States think proper to signify that hostile operations should cease on the American side, Mr. Foster suggests the expediency of my being prepared to make a similar signification on our part.
As I propose sending Colonel Baynes immediately into the United States, with a proposal for a cessation of hostile operations, I enclose for your information the copy of my letter to General Dearborn, or the commander-in-chief of the American forces.
Mr. Foster also submits the propriety of our abstaining from an invasion of the United States territory, as only in such an event could the American government be empowered to order the militia out of the States. I am led to believe from this, that General Hull, in possessing himself of Sandwich, has exceeded his instructions; particularly as Mr. Foster informs me that Mr. Monroe had told him Fort Maiden (Amherstburg) would not be attacked, but that General Hull had stated to a friend of his, some time ago, that he would attempt it.
A report has been made to me that a frigate and six transports, with the Royal Scots (1st battalion) on board, from the West Indies, are just below Bic;—in consequence of this reinforcement, I have ordered the company of the 49th regiment, sent to Kingston, to remain there; and in addition to the Royal Newfoundland Regiment, and a detachment of an officer and 50 Veterans most fit for service, now on their route to that station, I shall order Major Ormsby, with three companies of the 49th regiment, to proceed from Montreal to the same post, to be disposed of as you may find it necessary.
Lieut.-General Sir J.C. Sherbrooke has informed me that one of the transports, with part of the Royals on board, has been captured by the United States frigate the Essex; that she has been ransomed and the officers and troops allowed to proceed, upon condition that they are not to serve against America until regularly exchanged. The vessel and troops had arrived at Halifax, and will shortly be sent hither.
Major-General Brock to Sir George Prevost.
YORK, August 4, 1812.
I have the honor to enclose a statement made by me yesterday to his majesty's executive council, which will fully apprize your excellency of my situation. The council adjourned for deliberation, and I have no doubt will recommend the prorogation of the assembly and proclamation declaring martial law, but doubts occurred in contemplation of such an event, which I take the liberty to submit to your excellency, and request the aid of your experience and superior judgment.
1.—In the event of declaring martial law, can I, without the sign manual, approve and carry into effect the sentence of a general court martial?
2.—Can I put upon a general court martial, after martial law is proclaimed, any person not a commissioned officer in his majesty's regular forces? In other words, can officers of militia sit in conjunction with those of the line?
Sir George Prevost to Major-General Brock.
MONTREAL, August 12, 1812.
Your letter of the 4th instant, enclosing the proceedings of the executive council of the 3d.; Captain Glegg's letter of the 5th instant, transmitting copies of letters from Colonel Proctor to you of 26th and 30th July, with the correspondence between Brigadier-General Hull and Lieut.-Colonel St. George, and the intercepted correspondence of the former, together with your letter to Colonel Baynes, of the 4th instant, were all delivered to me on my arrival at this place yesterday. The information they contain is highly interesting, and I lose no time in dispatching to you Brigade Major Shekleton, as the bearer of this letter, and for the purpose of receiving whatever communication you may have to make in return. Being fully aware of the necessity of affording you such reinforcements as the exigencies of the service in other parts of the two provinces would permit, I had, previous to the receipt of your letter, made arrangements for that purpose.
Major Ormsby, with three companies of the 49th regiment, protecting a considerable supply of ordnance and ordnance stores, left La Chine on the 6th instant for Kingston and Fort George, taking with him £2,500 for the payment of the regular and militia forces. Major Heathcote, with one company of the 49th regiment, about 110 men of the Newfoundland regiment, and 50 picked Veterans, are to leave La Chine on the 13th instant. With this detachment, an additional supply of ordnance stores and camp equipage for 500 men will be forwarded for Upper Canada; and as soon as a sufficiency of bateaux can again be collected at La Chine, Colonel Vincent is under orders to proceed to Kingston with the remainder of the 49th regiment, and a subaltern of the royal artillery and ten gunners, with two 3-pounders.
When these reinforcements reach you, they will, I trust, enable you successfully to resist the internal, as well as external, enemies opposed to you, and materially aid the able measures you have adopted for the defence of Upper Canada.
With regard to the queries you have submitted to me on the subject of martial law, I have to observe, that it has not fallen within my experience to see martial law proclaimed, except in those places where it has been declared under the authority of a provincial legislature, which of course regulated the mode in which it was to be executed. As the martial law which you purpose declaring is founded on the king's commission, and upon the extreme case of invasion alluded to in it, I am inclined to think that whatever power is necessary for carrying the measure into effect, must have been intended to be given you by the commission, and consequently, that the power of assembling courts martial and of carrying their sentence into execution, is included in the authority for declaring martial law. The officers of militia becoming themselves subject to martial law when it is declared, I conceive they may sit upon courts martial with officers of his majesty's regular forces; but upon both these points I desire not to be understood as speaking decisively—extreme cases must be met by measures which, on ordinary occasions, would not perhaps be justified. Your situation is such as to warrant your resorting to any step which, in your judgment, the public safety may require. I should therefore think, that after taking the best opinions you can obtain from the first law characters you have about you respecting the doubts you entertain on this subject, you need not hesitate to determine upon that line of conduct which you shall think will best promote the good of the service, trusting, if you do err, to the absolute necessity of the measures you may adopt, as your justification for them to his majesty's government.
Your letters of the 26th, 28th and 29th July, with the several enclosures and papers accompanying them, were received by me shortly previous to my leaving Quebec; the last containing Captain Roberts' official account of the capture of Fort Michilimakinack. Great credit is certainly due to that officer for the zeal and promptitude with which he has performed this service; at the same time I must confess, my mind has been very much relieved by finding that the capture took place at a period subsequent to Brigadier-General Hull's invasion of the province, as, had it been prior to it, it would not only have been in violation of Captain Roberts' orders, but have afforded a just ground for the subsequent conduct of the enemy, which, I now plainly perceive, no forbearance on your part would have prevented. The capture of this place will, I hope, enable the Indian tribes in that quarter to co-operate with you in your present movements against the enemy, by threatening his flanks, a diversion which would greatly alarm him, and probably have the effect of compelling him to retreat across the river.
I send you enclosed a copy of the official repeal of the orders in council, which I received last night by express from Quebec. Although I much doubt whether this step on the part of our government will have any effect upon that of the United States, the circulation of the paper evincing their conciliatory disposition may tend to increase and strengthen the divisions which subsist amongst the people upon the subject of the war. I therefore recommend to you to have a number of copies struck off and distributed.
Colonel Baynes is still absent upon his mission to the enemy's camp. Your letter to him of the 29th ultimo was received at the same time with those I have last acknowledged. Colonel Lethbridge I have directed to return to Montreal.
The issue of army bills has taken place at Quebec, and I hope to be able shortly to send you a supply of them.
We have previously alluded (page [206]) to that part of the preceding letter which relates to the capture of Michilimakinack. This capture appears to have been effected contrary to Sir George Prevost's orders, as Fort St. Joseph being nearly 350 miles from Detroit and Sandwich, and as the expedition left the fort only four days after Hull's invasion, it was scarcely possible that Captain Roberts was then aware of that circumstance. Neither in his letter to the adjutant-general, announcing the capture, does he excuse himself by stating that he had heard of the invasion. In his dispatch to Earl Bathurst, written exactly a fortnight after the preceding letter, and dated Montreal, August 26, Sir George Prevost, in communicating the surrender of Detroit, expressed himself in very altered language, as he said:
"In these measures he[60] was most opportunely aided by the fortunate surrender of Fort Michilimakinack, which, giving spirit and confidence to the Indian tribes in its neighbourhood, part of whom assisted in its capture, determined them to advance upon the rear and flanks of the American army, as soon as they heard that it had entered the province."