By the fall of Gen'l. Brocke, the civil governorship of the Upper province devolved upon Major Gen'l. Roger Sheaffe, the senior military officer there, and to him, Gen'l. Smyth, the new American commander at Niagara, applied for an armistice, which was granted, and which lasted from the battle of Queenston until the 20th of November. Nothing could have been more silly than this consent to an armistice on the part of a general so very fortunate as General Sheaffe had been. He needed no rest. He could gain nothing by inactivity. Delay necessary to the enemy was of course injurious to him. Without any molestation whatever the Americans were enabled to forward their naval stores from Black Rock to Presque Isle, by water, which, had hostilities been active, would have been impossible. This truce, not to bury the dead, or preparatory to submission, was obtained with the view of gaining time, so that a fleet might be equipped to co-operate with the army, by wresting from the British their previous superiority on the lakes. General Smyth had, with the true trickery of the diplomatist, rather than with the blunt honesty of the soldier, exerted himself during the armistice, in the preparation of boats for another attempt to invade Upper Canada. Alexander Smyth, Brigadier-General, in command of the American army of the centre, though a rogue, in a diplomatic point of view, was not necessarily a fool. He had shrewd notions in a small way. Like a true downeast Yankee, he knew the effect of soft sawder upon human nature. Like the unfortunate Hull, before taking possession of a territory so extensive as Upper Canada, he thought it necessary to assure the stranger that he was, on submitting to be conquered, to become "a fellow citizen." He proclaimed this interesting fact to his own companions in arms. If the stranger citizens behaved peaceably, they were to be secure in their persons, as a matter of course, but only in their properties so far as Alexander's imperious necessities would admit, and how far that would have been, time was to unfold. He strictly forbade private plundering, but whatever was "booty," according to the usages of war—"booty and beauty," doubtless combined,—Alexander's soldiery were to have. Appealing to the trader-instincts of his hordes, he offered two hundred dollars a head for artillery horses, of the enemy, and forty dollars for the arms and spoils of each savage warrior, who should be killed, and every man, who should shrink, in the moment of trial, was to be consigned to "eternal infamy." The watchword of the "patriots," was to be "the cannon lost at Detroit or death."
During the truce, in Upper Canada, there was some skirmishing in Lower Canada. At St. Régis, four hundred Americans surprised the Indian village. Twenty-three men were made prisoners, and Lieutenant Rolette, with Serjeant McGillivray, and six men were slain. But to counterbalance this affair, a month later, some detachments of the 49th regiment, a few artillery, and seventy militiamen from Cornwall and Glengary, surrounded a block house at the Salmon River, and made prisoners of a Captain, two subalterns and forty men; four batteaux and fifty-seven stand of arms, falling also into the hands of the captors.
In no way discouraged, however much they may have been irritated by these repeated failures, which had not even the excuse of inferiority in numbers, or in any want of the materials of war, if the want of vessels on the lake be not considered, the American government energetically exerted itself to augment their naval forces on the lakes and to reinforce General Dearborn. Indeed, that officer was now at the head of ten thousand men, at Plattsburgh, and the American fleet on Lake Ontario was already so much superior to that of the British, as to make it necessary for the latter to remain inactive in harbour. The British ship Royal George, was actually chased into Kingston channel, and was there cannonaded for some time. It was only when the American fleet came within range of the Kingston forts that they hauled off to Four Mile Point, and anchored, the commander taking time to reflect upon the expediency of bombarding Kingston. Next morning, having come to an opposite conclusion, he stood out with his fleet into the open lake and fell in with the Governor Simcoe. A chase was commenced, and the Governor Simcoe narrowly escaped by running over a reef of rocks, and making for Kingston, which, like the Royal George, she reached more hotly pursued than she had bargained for. It was late in the season, and the weather becoming more and more boisterous, the Americans bore away for Sackett's Harbour, in making for which they captured two British schooners, taking from one of them, Captain Brocke, the paymaster of the 49th regiment of the line, who had with him the plate which had belonged to his gallant deceased brother, the late Governor of Upper Canada. But the American Commodore Chancey, generously paroled him, and suffered him to retain the plate.
Unable to remain longer inactive, General Dearborn, in command of the American army of the north, approached Lower Canada. On the 17th of November, Major DeSalaberry, commanding the Canadian Cordon and advanced posts, on the line, received intelligence of Lieutenant Phillips, that the enemy, ten thousand strong, were rapidly advancing upon Odelltown. There was no time to be lost and he set about strengthening his position as speedily as he could. Two companies of Canadian Voltigeurs, three hundred Indians, and a few militia volunteers were obtained from the neighboring parishes, and there was every disposition manifested to give the intruders a warm reception. The enemy, however, halted at the town of Champlain, and nothing of moment occurred until the 20th of November, when the Captain of the day, or rather of the night, as it was only three in the morning, noticed the enemy fording the river Lacolle. Retracing his steps, he had only time to warn the piquet of their danger, when a volley was fired by the Americans, who had surrounded the log guard-house, at so inconsiderable a distance that the burning wads set fire to the birch covering of the roof, until the guard-house was consumed. But long before that happened, the militia and Indians had discharged their guns, and dashed through the enemy's ranks. It was dark, and the position which the Americans had taken, with the view of surrounding the guard-house, contributed somewhat to their own destruction. In a circle, face to face, they mistook each other in the darkness, and fought gallantly and with undoubted obstinacy. Neither side of the circle seemed willing to yield. For half an hour a brisk fire was kept up, men fell, and groaned, and died; and the consequences might have been yet more dreadful had not the moon, hidden until now by clouds, revealed herself to the astonished combatants. The victors and the vanquished returned together to Champlain, leaving behind four killed and five wounded. From the wounded prisoners, whom, with the dead, the Indians picked off the battle field, it was learned that the unsuccessful invaders consisted of fourteen hundred men and a troop of dragoons, commanded by Colonels Pyke and Clarke.
Unfortunate to the Americans as this night attack had been, it was sufficient to lead the Governor General of Canada to the conclusion that it would not be the last. Nay, he was persuaded that a most vigorous attempt at invasion would be made, and having no Parliament to consult, nor any public opinion to fear, he turned out the whole militia of the province for active service, and ordered them to be in readiness to march to the frontier. Lieutenant-Colonel Deschambault was directed to cross the St. Lawrence at Lachine, and from Caughnawaga, to march to the Pointe Claire, Rivière-du-Chène, Vaudreuil, and Longue Pointe. Battalions upon L'Acadie, and volunteers from the foot battalions, with the flank companies of the second and third battalions of the Montreal militia, and a troop of militia dragoons, crossed to Longueil and to Laprairie. Indeed the whole district of Montreal, armed to the teeth, and filled with enthusiasm, simultaneously moved in the direction from whence danger was expected. General Dearborn quietly retreated upon Plattsburgh and Burlington, and, like a sensible man, as he undoubtedly was, abandoned for the winter, all idea of taking possession of Lower Canada.
On the 28th of November, the armistice being at end, General Smyth invaded Upper Canada, at the foot of Lake Erie. With a division of fourteen boats, each containing thirty men, a landing was effected between Fort Erie and Chippewa, not however unopposed. Lieutenant King, of the Royal Artillery, and Lieutenants Lamont and Bartley, each in command of thirty men of the gallant 49th, gave the enemy a reception more warm than welcome. Overwhelmed, however, by numbers, the artillery and the detachment of the 49th, under Lamont gave way, when Lieutenant King had succeeded in spiking his guns. Lamont and King were both wounded, and with thirty men, were overtaken by the enemy and made prisoners. Bartley fought steadily and fiercely. His gallant band was reduced to seventeen, before he even thought of a retreat, which his gallantry and tact enabled him to effect. The American boats had, while Bartley was keeping up the fight, returned to the American shore with the prisoners, and as many Americans as could crowd into them, leaving Captain King, General Smyth's aid-de-camp, to find his way back, as best he might. He moved down the river shore with a few officers and forty men, followed, from Fort Erie, by Major Ormsby, who made them all prisoners with exceedingly little trouble. Unconscious of any disaster, another division of Americans, in eighteen boats, made for the Canada shore. Colonel Bishop had now arrived from Chippewa, and had formed a junction with Major Ormsby, the Commandant of Fort Erie, and with Colonel Clarke and Major Hall, of the militia. There were collected together, under this excellent officer, about eleven hundred men, taking into account detachments of the 41st, 49th, and Royal Newfoundland regiments, and in addition, some Indians. The near approach of the Americans was calmly waited for. A cheer at last burst from the British ranks and a steady and deadly fire of artillery and musketry was opened upon the enemy. The six-pounder, in charge of Captain Kirby, of the Royal Artillery, destroyed two of the boats. The enemy were thrown into confusion, and retired.
General Smyth again tried the effect of diplomacy upon the stubborn British. He displayed his whole force of full six thousand men, upon his own side of the river. Colonel Bishop ordered the guns which had been spiked to be rendered serviceable, and the spikes having been withdrawn, the guns were remounted and about to open fire, with the view of scattering the valiant enemy, when a flag of truce brought a note from General Smyth. It was simply a summons to surrender Fort Erie, with a view of saving the further effusion of blood. He was requested to "come and take it," but did not make another attempt until the 1st of December, when the American troops embarked merely again to disembark and go into winter quarters. Murmur and discontent filled the American camp, disease and death were now so common, and General Smyth's self-confidence was so inconsiderable that the literary hero, who had spoken of the "eternal infamy" that awaits him who "basely shrinks in the moment of trial," literally fled from his own camp, afraid of his own soldiery, who were exasperated at his incapacity. Thus ended the first year of the invasion. The Americans had learned, the not unimportant lesson, that, as a general rule, it is so much more easy successfully to resist aggression, than, as the aggressor, to be successful. The invasion of any country, if only occupied by savages, requires more means than is generally supposed.
Sir George Prevost, somewhat relieved from the anxiety attendant upon anticipated and actual invasions, now summoned his Parliament of Lower Canada, to meet for the despatch of business. He opened the session on the 29th of December, and in his speech from the throne, alluded to the honorable termination of the campaign, without much effusion of blood, any loss of territory, or recourse having been had to martial law. He proudly alluded to the achievements in Upper Canada, and feelingly alluded to the loss sustained by the country, in the death of General Brocke. He spoke of the recent advantages gained over the enemy in both provinces, and recommended fervent acknowledgements to the ruler of the universe, without whose aid the battle is not to the strong nor the race to the swift. And it was not alone for such advantages, great as they were, that the country had to be thankful; the Marquis of Wellington had gained a series of splendid victories in Spain and Portugal. In Spain and Portugal British valour had appeared in its native vigour, encouraging the expectation that these countries would soon be relieved from the miseries which had desolated them. His Royal Highness, the Prince Regent, had directed him to thank the House for their loyalty and attachment. His Royal Highness felt not the slightest apprehension of insidious attacks upon the loyalty of a people who had acted so liberally and loyally as the Canadians had done. Sir George spoke of the beneficial effects arising from the Army Bill Act, and recommended it to their further consideration. The militia had been called out and had given him the cheering satisfaction of having been a witness of a public spiritedness, and of a love of country, religion, and the laws, which elsewhere might have been equalled, but could not be anywhere excelled. He recommended a revision of the militia law and urged upon the legislature the expediency of concluding the public business with dispatch.
Sir George had aroused the better feelings of the country. His words fell gratefully upon the ear. The Canadian people and their representatives felt that they were treated with respect and were proud in the knowledge of deserving it. All that the Assembly wanted was the confidence and affection of their sovereign. No longer treated with suspicion and looked upon with aversion they were ready to sacrifice everything for their country, and the reply of the House of Assembly was an assent to his every wish.
As soon as the House had proceeded to business, Mr. James Stuart, one of the members for Montreal, with the view of embarrassing the government, and with no purpose of creating uneasiness in England, moved for an enquiry into the causes and injurious consequences that might have resulted from the delay incurred in the publication of the laws of the Provincial Parliament, passed in the previous session. His assigned object in making the motion was to palliate the conduct of the Pointe Claire rioters. The motion carried and the Clerks and other officers of the Upper House were summoned to attend at the Bar of the Assembly. The Upper House, seemingly, considered that their officers had equal privileges with themselves, and at first refused to allow these gentlemen to attend, but, seeing the Assembly resolute, and being anxious not to throw any obstacle in the way of the speedy despatch of the public business, they permitted their attendance under protest. The result of the enquiry amounted to nothing, and the House proceeded to other business. The subject of appointing an agent to England was again considered, but postponed until a more suiting time, when the propriety of an income tax was discussed. It was indeed resolved in the Assembly to impose a tax upon persons enjoying salaries from the government, of fifteen per cent upon such as had £1,500 a year, twelve per cent upon such as had £1,000 and upwards, ten per cent upon £500 and upwards, and five per cent upon every £250 and upwards. The bill was, of course, rejected by the Council. The Assembly, however, firmly convinced of the loyalty of the people, were neither to be cajoled nor brow-beaten out of their rights, and they proceeded to other business of a singularly unpleasant character to the higher powers. Mr. Stuart, the leader of the opposition, was a man of extraordinary capacity and of great firmness of purpose. Those who had made Sir James Craig do him an injustice still held their appointments, and he was determined to bring about a change without the slightest regard whatever to the consequences of change. He moved for an enquiry into the power and authority exercised by His Majesty's Courts of Law, with a view to put a stop to such trifling with justice as had been exhibited in the arrest and imprisonment of Mr. Bedard and others. It was asserted by Mr. Stuart that under the name of Rules of Practice, the Chief Justice, in league with the government, had subverted the laws of the province, and had assumed legislative authority, to impose illegal burthens and restraints upon His Majesty's subjects, in the exercise of their legal rights, which were altogether inconsistent with the duties of a Court and subversive of the rights and liberties of the subject. The House granted the enquiry sought for, and proceeded to other business. But it is here worthy of note that Mr. Bedard, who had been so unjustly treated by Sir James Craig, in virtue of these Rules of Practice, had now triumphed over his enemies. He, who only two years back, had been presented, at the instance of the government, by the Grand Juries of Quebec and Montreal, was now seated upon the Bench as Provincial Judge for the District of Three Rivers, and thus, says his secret enemy, Mr. Ryland, is he associated with the Chief Justice of the province, who, in his capacity of Executive Councillor, had concurred in his commitment to the gaol of Quebec, on treasonable practices. It was to secure the independence of the judges by freeing them from executive trammels, that Mr. James Stuart himself, afterwards Chief Justice of the province, and a Baronet of the United Kingdom, moved for an enquiry concerning their Rules of Practice, rules obviously incompatible with the liberty of speech and with the freedom of the press. The enquiry had an excellent indirect effect. It seemed to some extent, to have secured the liberty of the press. From the time, says Mr. Ryland, that the Assembly began its attacks on the Courts of Justice, the licentiousness of a press, (the Gazette,) recently established at Montreal, has appeared to have no bounds. Every odium that can be imagined, is attempted in that publication, to be thrown on the memory of the late Governor-in-Chief, on the principal officers of government, and on the Legislative Council. The people's minds are poisoned and the disorganizing party encouraged to proceed. Thus is it led to hope that any future Governor may be deterred from exercising that vigor, which the preservation of His Majesty's government may require. A higher tribute to a free press no man ever paid than that. The hope has been realised, the trials have all been passed through, and persecutions for opinion's sake must now be cloaked, at least, by something more than expediency.