The Assembly next proceeded to the consideration of the expediency of legally enlarging the limits and operation of martial law, as recommended in the speech from the throne, and reported that such enlargement was inexpedient. The House then renewed the Army Bill Act, authorised the sum of five hundred pounds to be put in circulation, and commissioners were appointed to ascertain the current rate of exchange on London, which holders were entitled to recover from government. Fifteen thousand pounds were granted for the equipment of the militia, and £1,000 additional for military hospital. Towards the support of the war £25,000 were granted. £400 were granted for the improvement of the communication between Upper and Lower Canada. A duty of two and a half per cent, for the further support of the war was placed upon all imported merchandize, with the exception of provisions, and two and a half per cent additional on imports by merchants or others not having been six months resident. A motion was made by one of the most independent members of the Assembly, for a committee of the whole, to enquire whether or not it was necessary to adopt an address to the King concerning the impropriety of the judges being members of the Legislative Council. But the motion was not pressed. This gentleman, though very desirous of as much liberty as it was possible to obtain for himself, was not particularly disposed to give an undue share to others. He took umbrage at an article communicated to the Mercury, ably written, and perhaps, at the time, strikingly true, relative to the conduct which Mr. Stuart had been and was pursuing, since he had been stript of his official situation by the late Governor. It was hinted that the discontented legislator was actuated in his opposition to the government by no unfriendly feeling to the United States. It was asked if he were not determined to be somebody. He was a man not unlike him who fired the temple of Ephesus. He was sowing seeds of embarrassment and delay, and picking out flaws, with the microscope of a lawyer, in the proceedings of the government. And he was prostituting his talents and perverting his energies. The House resolved that the letter of "Juniolus Canadensis," was a libel, and perhaps it was, but if so, Mr. Stuart had the Courts of Law open to him, and therefore the interference of the House was as silly as it was tyrannical. Mr. Cary, the publisher of the Mercury, evaded the Sergeant-at-Arms, and laughed at the silliness of the collective wisdom afterwards. The House was prorogued on the 15th of February. The war had not so far produced any injurious effect on the commerce of the country The revenue was £61,193 currency, and the expenditure, which included the extraordinary amount of £55,000 granted towards the support of the militia, was only £98,777. The arrivals at Quebec numbered 399 vessels of 86,437 tons, and in 1812, twenty vessels were built at the port of Quebec.
The first operations of the next campaign, in 1813, were favorable to the British. On the 22nd of January, a severe action was fought at the River Raisin, about twenty-six miles from Detroit, between a detachment from the north-eastern army of the United States, exceeding seven hundred and fifty men, under General Winchester, and a combined force of eleven hundred British and Indians, under Colonel Proctor. General Harrison, in command of the north western army of the United States, was stationed at Franklintown. Anxious, at any cost, to afford the discontented and sickly troops under him, active employment, he detached General Winchester with his seven or eight hundred, or, as it is even said, a thousand men, to take possession of Frenchtown. This, General Winchester had little difficulty in doing, as he was only opposed by a few militiamen and some Indians, under Major Reynolds. The intelligence of the capture of Frenchtown had, however, no sooner reached Colonel Proctor than he collected his men together and marched with great celerity from Brownston to Stoney Creek. Next morning, at the break of day, he resolutely attacked the enemy's camp and a bloody engagement ensued. General Winchester fell into the hands of the chief of the Wyandot Indians, soon after the action began, and was sent a prisoner to Colonel Proctor. The Americans soon retreated, taking refuge behind houses and fences, and, terribly afraid of the Indians, determinedly resisted. The Americans blazed away; every fence and window of the village vomited a flame of fire; but the British, with their auxiliary Indians, were still driving in the enemy, and about to set the houses on fire, when the captured General Winchester, stipulated for a surrender. On condition of being protected from the Indians, he assured Colonel Proctor that the Americans would yield, and this assurance being given, General Winchester caused a flag of truce to be sent to his men, calling upon them to lay down their arms, which they were only too glad to do. The Americans lost between three and four hundred in killed alone; while one brigadier-general, three field officers, nine captains, twenty subalterns, and upwards of five hundred rank and file, were taken prisoners.[20] Comparatively considered, the British loss was trifling. Twenty-four men were killed, and one hundred and fifty-eight were wounded. Colonel Proctor was raised to the rank of Brigadier-General, in reward for his successful gallantry.
As if to counterbalance the effect of this success, another naval engagement occurred at sea, on the 14th of February, between the British sloop of war Peacock and the American brig Hornet. The fight was long continued, bloody and destructive. The Peacock, after an hour and a half of hard fighting was in a sinking state. The effect of the enemy's fire was tremendous, but the men of the Peacock behaved nobly. Mr. Humble, the boatswain, having had his hand shot away, went to the cockpit, underwent amputation at the wrist, and again voluntarily came upon deck to pipe the boarders. The Peacock was now rapidly settling down, and a signal of distress was consequently hoisted. The signal was at once humanely answered. The firing ceased immediately, the American's boats were launched, and every effort praiseworthily made to save the sinking crew. All were not, however, saved. Three of the Hornet's men and thirteen of the crew of the Peacock went down in the latter vessel together. The Hornet carried twenty guns, while the Peacock had only eighteen, and the tonnage of the former exceeded, by seventy-four tons, that of the latter.
The Americans now gathering up their strength, irritated by their repeated failures on the land, and disheartened, but yet not discouraged by their original weakness on the lakes, were about, in some degree, to be compensated more suitably for their inland losses than by the capture or rather by the negative kind of advantage of destroying at considerable cost and risk, frigates and sloops of war at sea, inferior in every respect, the bravery of the sailors and the skill of the officers excepted, to the huge and properly much esteemed American double-banked frigates and long-gunned brigs. The command of Lake Ontario had devolved on the Americans. New ships of considerable size, and well armed, under the superintendence of experienced naval officers, were built and launched day after day. Troops were being collected at every point for an attack, by sea and land, upon either York or Kingston. It was now exceedingly necessary that some activity of a similar kind should be displayed by the British. The forests abounded in the very best timber; there were able shipbuilders at Quebec; the Canadian naval commanders had distinguished themselves frequently; there was a secure dockyard at Kingston; and, indeed, there existed no reason whatever, for the absence of that industry on the Canadian side of the rivers and lakes, dividing the two countries, but one, and a more fatal one could not have been listened to. It was simply that the British had been hitherto able to repel the invader wherever he had effected a landing, and would be, under any circumstances, quite able, as they were willing, to repel him again. And there was an ignorance about Canada, on the part of both the heads of the naval and of the military departments in England, as disgraceful, as it was inexcusable. It was believed that there were neither artisans to be found in the country nor wood. It seemed to be a prevalent opinion that the country was peopled only by French farmers, a few French gentlemen, and some hundreds of discharged soldiers, with a few lawyers and landed proprietors, styled U.E. Loyalists, besides the few naval officers resident at Kingston, and the troops in the different garrisons. In Upper Canada, during the winter, nothing, or almost nothing, was done in the way of building ships for the lakes. Sir George Prevost, it is true, made a hurried visit to Upper Canada, after having prorogued the Parliament. He was a man admirably adapted for the civil ruler of a country having such an elastic and very acceptable constitution as that which Canada has now had for some years past. He was one of those undecided kind of non-progressive beings, who are always inclined to let well alone. He was well meaning, and he was able too, in some sense. He was cautious to such a degree that caution was a fault. He was not, by any means, deficient in personal courage, but his mind always hovered on worst consequences. If he had hope in him at all, it was the hope that providence, without the aid of Governor Prevost, would order all things for the best. He had a strict sense of duty and a nice sense of honor, but he always considered that it was his duty not to risk much the loss of anything, which he had been charged to keep, and his moral was so much superior to his physical courage, that he never considered it dishonorable to retreat without a struggle, if the resistance promised to be very great. An instance of this occurred while Sir George was on his way to Upper Canada. On the 17th of February, Lieutenant-Colonel Pearson, commanding at Prescott, proposed to him an attack upon Ogdensburgh, which was then slightly fortified, and was a rallying point for the enemy. Indeed, an attack had some days previously been made upon Brockville, by General Brown, at the head of some militia from Ogdensburgh, and Colonel Pearson thought that the sooner an enemy was dislodged from a position exactly opposite his own and only separated by a frozen river, three quarters of a mile in width, the more secure he would have felt himself to be, and the less danger would there have been of the communication between the Upper and Lower provinces of Canada, being interrupted. General Prevost would not consent to an attack, but he allowed a demonstration to be made by Colonel McDonnell, the second in command at Prescott, so that the enemy might exhibit his strength, and his attention be so much engaged that no attempt would be made to waylay the Governor General, on the information of two deserters from Prescott, who would, doubtless, have informed the commandant, at Ogdensburgh, of Sir George's arrival and of his chief errand. Colonel McDonell moved rapidly across the river, and on landing, was met by Captain Forsyth and the American forces under him. A movement designed for a feint, was now converted into a real attack. Colonel McDonell, as he perceived the enemy, still more rapidly pushed forward, and, in a few minutes, was hotly engaged. The Americans were driven from the village, leaving behind them twenty killed and a considerable number wounded. On the side of the British, the loss of Colonel McDonell, seven other officers and seven rank and file had to be deplored, while forty-one men were wounded. The attack was most successful however. Eleven cannons, several hundred stands of arms, and a considerable quantity of stores fell into the hands of the victors, while two small schooners and two gun-boats were destroyed in winter quarters.
Recruiting and drilling were being briskly carried on about Quebec and Montreal. Some troops began to arrive, about the beginning of March, from the Lower Provinces. The 104th regiment had arrived overland from Fredericton, in New Brunswick, by the valley of the St. Johns River, through an impenetrable forest, for hundreds of miles, to Lake Temiscouata, and from thence to River-du-Loup, proceeding upwards along the south shore of the St. Lawrence.
A month later and the Americans were ready to resume the offensive in Upper Canada. The American fleet, consisting of 14 vessels, equipped at Sackett's Harbour, situated at the foot of the lake, and not very far from Kingston, in a direct line across, sailed from the harbour under Commodore Chancey, with seventeen hundred men, commanded by Generals Dearborn and Pike, to attack York, (now Toronto.) In two days the fleet was close in shore, a little to the westward of Gibraltar Strait. A landing was soon effected at the French fort of Toronto, about three miles below York, under cover of the guns of the fleet, but the enemy's advance was afterwards stoutly opposed. Six hundred militia men altogether, including the grenadiers of the 8th regiment of the line, could not long withstand seventeen hundred trained troops. They withdrew and the schooners of the fleet approaching close to the fort, commenced a heavy cannonade, while General Pike pushed forward to the main works, which he intended to carry by storm, through a little wood. As General Sheaffe, in command of the British, retired, and as General Pike, in command of the Americans, advanced, a powder magazine exploded which blew two hundred of the Americans into the air, and killed Pike. Of the British, fully one hundred men were killed, and the walls of the fort were thrown down. The Commodore was now in the harbour. And General Sheaffe seeing that not the remotest chance of saving the capital of Upper Canada, now existed, most wisely determined to retreat upon Kingston. He accordingly directed Colonel Chewett, of the militia, to make arrangement for a capitulation, and set off with his four hundred regulars for Kingston. By the capitulation, private property was to be respected, and public property only surrendered. The gain was not great, if the moral effect of victory be not considered. The victors carried off three hundred prisoners, and the British, before retreating, had considered it expedient to burn a large armed ship upon the stocks, and extensive naval stores.
The Clerk of the House of Assembly of Upper Canada, a volunteer, fell during the struggle. In all, the British loss was one hundred and thirty killed and wounded.
It is said that General Sheaffe suffered severely in the public estimation, because he retreated. The public had forgotten that he had killed and destroyed more Americans than had fallen on the side of the British. Nor did it occur to them that had their general not retreated, and capitulated, an armed fleet was in the harbour, which it was impossible to drive out, even had the fort been standing, or had there been great guns, with which earth batteries could have been formed. It had not occurred to the public of Lower Canada that if York had been burned, Sheaffe's retreat to Kingston, would have been no less imperative than it was. He was, however, superseded in the command in chief of Upper Canada by Major General De Rottenburgh.
The American fleet landed the troops at Niagara after this success, and then sailed for Sackett's Harbour for reinforcements. The Commodore, an energetic, clearheaded sailor, sent two of his vessels to cruise off the harbour of Kingston, vigilantly, and then sent vessel after vessel, at his convenience, with troops, up the lake to Michigan. There he concentrated the whole of his ships, including his Kingston cruisers, for an attack upon Fort George, in combination with the land force under General Dearborn. The British were under the command of General Vincent, who could not muster above nine hundred soldiers. It was early on the morning of the 27th of May, that the enemy began the attack. The fort was briskly cannonaded, and during the fire, Colonel Scott, with a body of eight hundred American riflemen, effected a landing. But they were promptly met by the British and compelled to give way, in disorder. The Americans retreated to the beach and crept under cover of the bank, from whence they kept up a galling fire, the British troops being unable to dislodge them, on account of the heavy broadsides of the American fleet, formed in Crescent shape, to protect their soldiers. Indeed, under cover of this fire from the fleet, another body of the enemy, numbering ten thousand men, effected a landing, and the British were reluctantly compelled to retire. General Vincent blew up the fort and fell back upon Burlington Heights, every inch of ground being stoutly contested. Flushed with success, Dearborn, the American General-in-Chief, now confidently anticipated the conquest of the whole of Upper Canada, and pushed forward a body of three thousand infantry, two hundred and fifty horse, and nine guns. But General Vincent having learned of the enemy's advance, sent Colonel Harvey, with eight hundred men, to impede their progress. Harvey, an experienced and brave officer, was not long in discovering that the enemy kept a bad look out. He resolved upon surprising them. Accordingly, he waited for the darkness of night, under cover of which, a sudden attack was made so successfully, that he made prisoners of two generals and a hundred and fifty men, besides capturing four guns. It was now the enemy's turn to retreat, and they did so in admirable confusion. Arrived at Fort George a halt took place, but a fortnight elapsed before General Dearborn had sufficiently recovered from the effect of this surprise to send out an expedition of six hundred men to dislodge a British picquet, posted at Beaver's Dam, near Queenstown. The dislodgement was most indifferently effected, inasmuch as the expedition was waylaid on their passage through the woods, by Captain Kerr, with a few Indians, and by Lieutenant Fitzgibbons, at the head of forty-six of the 49th regiment, in all, less than two hundred men, but so judiciously disposed as to make the Americans believe that they were the light troops of a very superior army, the approach of which was expected, and they, to the number of five hundred, surrendered, with two guns and two standards.
It now became the turn of the British to invade, and early in July, Colonel Bishop set out on an expedition to Black Rock, at the head of a party of militia, aided by detachments of the 8th, 41st, and 49th regiments of the line. He was perfectly successful. The enemies' block-houses, stores, barracks, and dockyard were burned, and seven pieces of ordnance, two hundred stand of arms, and a great quantity of stores were brought away. But it was at great cost. While employed in securing the stores, the British were fired upon, from the woods, by some American militia and Indians, and while Captain Saunders, of the 41st, dropped, severely wounded, Colonel Bishop, who had planned, and so gallantly executed the assault, was killed.