In the Assembly, when the Speaker had returned to the chair, there were murmurs, both loud and deep. Mr. James Stuart, seconded by Louis Joseph Papineau, both determined men, and of consummate ability, moved that the charges exhibited by the Assembly against Jonathan Sewell and James Monk, Esquires, were rightly denominated, Heads of Impeachment; that the House had the right to advise the Governor General without the concurrence of the Legislative Council; that the House in pointing out the existence of gross abuses, had performed the first and most essential of its duties; that in framing and exhibiting the heads of impeachment referred to in the address to His Excellency, the House had exercised a salutary power, vested in it by the constitution; and that His Excellency, the Governor-in-Chief, had violated the constitutional rights and privileges of the House, by his answer to the address. But afterwards, to show that a feeling of respect was yet felt for His Excellency, greater than any of his predecessors had ever experienced, the House resolved, notwithstanding the wicked and perverse advice which he had received, that His Majesty's faithful Commons of Canada had not, in any respect, altered the opinion they had ever entertained of the wisdom of His Excellency's administration, and they were determined to adopt the measures deemed necessary for the support of the government and the defence of the province.
The Governor-in-Chief was, however, not by any means pleased with the pertinacity of the Assembly. There were evidently men in the House, who would neither be forced nor persuaded out of certain measures. He hardly knew how to act in the emergency, and with his usual caution he did nothing. The Chief Justice Sewell went to England for the purpose of repelling the accusations against him, and as he was only the instrument of, not under any circumstance the author of a wrong, English public opinion, of course, went strongly with him. The Executive Councillors, the merchants, and the other principal inhabitants of Quebec presented addresses to His Honor, intimating the high opinion in which he was held, and alluding to his conspicuous ability, comprehensive knowledge, patient candour, liberal respect for the opinion of others, and his equality and gentleness of temper, pointedly and flatteringly. Mr. Chief Justice Monk was similarly treated by the influential inhabitants. The Assembly continued, notwithstanding the war exigencies of the times, in their factiousness, as their persistence in some measures was considered. They again passed a bill appointing a provincial agent to Great Britain, who was to reside in London, after the manner of an ambassador. Mr. Bedard, the Judge of Three Rivers, who had figured somewhat conspicuously in Sir James Craig's time, was named as the agent in the bill. It was sent up to the Legislative Council for concurrence. And it had not been long there when it occurred to the House of Assembly that two agents would be better than one, as the Council, desirous of sending one of their own members to England, would thereby be induced to concur in the expediency of despatching agents to London. But the Council begged that the Assembly would mind its own business and not interfere with any bill before the Upper House, unless a conference was officially asked for by the Legislative Council, when any suggestion from the Assembly would be attended to. The Upper House never encroached upon the privileges of the Lower House. The agent was not appointed. The Houses could not agree upon a messenger, and although the Governor promised to send two messengers to London, at the public expense, if the Assembly desired it, no one is to this hour very certain whether the address of the Legislative Assembly, to the Prince Regent, ever reached his royal fingers. These were the principal matters with which the time of the House was occupied, but the opportunity was not overlooked of voting the thanks of the House to Colonel DeSalaberry and his officers and men under him, for their distinguished conduct at Chateauguay, and to Colonel Morrison, of the 89th regiment, and to the officers and men under him, for their exertions at Chrystler's Farm, in the defeat of Wilkinson.
On the 17th of March, the parliament was prorogued, and so ended the seventh parliament of Lower Canada. Sir George Prevost in his closing speech, was not so flattering in his allusions as in opening the session. He had seen with regret a want of unanimity and despatch, and a want of confidence in himself, which had been attended with serious inconveniences to the public service, in both Houses. He lamented the course of proceeding adopted by the Assembly, which had occasioned the loss of a productive revenue bill, to wit, tacking to the bill the clause for the payment of a London agent, which had caused its rejection by the Upper House, and a consequent misunderstanding by which the bill had been lost. He regretted that in sacrificing the liberal appropriations for the defence of the province they had been swayed by any considerations, which seemed to them of higher importance than the immediate security of the province or the comfort of those engaged in its protection. He earnestly entreated the gentlemen of the Legislative Council, as peace was not obtained, to impress on all around them, by precept and example, a respect for the laws by which they were governed, as well as a just confidence in those who administered them, and to cherish and encourage that spirit which had hitherto proved the firmest barrier against all the attempts of the enemy. And as the parliament was about to expire, and he should avail himself of an early opportunity of appealing to the sense of the people for the election of a new Assembly, he recommended the honorable gentlemen and gentlemen to give the inhabitants of the province a true idea of the nature and value of the constitution which they possessed, so that their choice of representatives might fall on those who would endeavour faithfully to uphold it, and so promote the safety, welfare, and prosperity of the province.
Sir George Prevost evidently threw out some hints to the Legislative Council, which could not have been particularly palatable.
In Sir George's speech there was an allusion to peace not being at hand. Sir George made that reference doubtless in connection with the fact that Russia had offered to mediate between the contending powers, with reference to an amicable settlement of their differences. Indeed commissioners were appointed to negotiate, by the United States. Messrs. Gallatin, Adams, and Bayard were named. But Great Britain declined the proposal, though the Prince Regent offered a direct negotiation either at London or Gottenburg. The offer was accepted, and Messrs. Henry Clay, Jonathan Russell, and Albert Gallatin, were added to the commissioners already in Europe, and sailed soon after for Gottenburg. Lord Gambier, Henry Goulburn, and William Adams were appointed on the part of the Court of St. James, to meet them. The place of meeting was subsequently changed to Ghent, in Flanders, and the conference met in August. But while the conference sat the war was carried on.
The first fight of moment in 1814, occurred on the Pacific Coast. The American Commodore Porter had been cruising in the frigate Essex, for some time, in the Pacific, with wonderful success. He had with him as a consort, a captured whaleship, which he had armed with twenty guns, and named the Essex, junior. Captain Hillyard, in the British frigate Phœbe, accompanied by the sloop of war Cherub, had been sent in search of the successful cruiser, and on the 9th of February, gained intelligence to the effect that with two of her prizes she had put into Valparaiso. The American was no match, even with the aid of the whale ship, for two such vessels, and kept in port, the British vessels keeping up a strict blockade for six weeks.[23] At length, on the 28th of March, tired of the blockade, Porter attempted to escape, when Captain Hillyard succeeded in bringing her to action, in the roads of Valparaiso, before she could get back, and without the aid of her lesser consort. The American ship, in the hurry to escape, had spread every stitch of canvas, to run past the Phœbe, and as she was doubling the point a squall struck her, carrying away the main topmast. Both ships immediately gave chase, and being unable to escape in his crippled state, Porter attempted to regain the harbor. Finding this to be impracticable, he ran into a small bay and anchored within pistol shot of the shore. The contest, which was a most unequal one, now commenced. Both the attacking vessels at first got into raking positions, and did great execution. Nevertheless, Captain Porter fought gallantly. Hillyard's ship having sustained serious damage in her rigging, and having become almost unmanageable, on that account, hauled off to repair damages, leaving the Cherub to continue the action. Hillyard manœuvred deliberately and warily. He knew that his antagonist was in his power, and his only concern was to succeed with as little loss to himself as possible. Hillyard again attacked, and the Essex hoisting her foresail and lifting her anchor, managed] to run alongside of the Phœbe. The firing was now tremendous, and the Essex's decks were strewed with dead. Both attacking ships then edged off, and fired into the Essex, at convenient range, until she struck. The Cherub raked the Essex, while the Phœbe exchanged broadsides with her. The Essex had twice taken fire during the action. The loss on board the Essex was fifty-eight killed, thirty-nine wounded severely, twenty-seven slightly, and thirty-one missing. On board both British vessels only five were killed and ten wounded. It is said that there were nearly a hundred sailors on board the Essex, when the engagement commenced, who jumped overboard, when it was likely she would be taken; that of these forty reached the shore, while thirty-one were drowned, and sixteen picked up when on the point of drowning, by the British. On the other hand it is alleged that when the Essex took fire aft, a quantity of powder exploded, and word was given that the fire was near her magazine. It was then that Captain Porter advised as many as could swim to make for the shore, which they did, or tried to do, while those who could not swim exerted themselves to extinguish the flames, which having done, the action was renewed, until fighting was impossible. When Porter summoned a consultation of his officers, only one appeared—Acting Lieutenant McNight.
Early in February, the American sloop of war Frolic, of 22 guns, was captured by the British frigate Orpheus, after two shots had been fired. But by way of compensation, the British brig Epervier, of 18 guns, towards the close of April, surrendered to the American sloop of war Peacock, of 22 guns, and on the 28th of June, a most desperate encounter took place between the British sloop of war Reindeer,[24] of 18 guns, and the American sloop, Wasp. The preponderance of force was here, in a most extraordinary degree, in favor of the Americans, but, notwithstanding this advantage, Captain Manners, of the Reindeer, one of the bravest officers who ever trod a quarter deck, the moment he got sight of the American vessel gave chase, and as soon as it was evident to the American captain that he was pursued by the Reindeer alone, he hove to and the action commenced. Never were vessels more gallantly commanded and fought on both sides. The engagement lasted, yard arm to yard arm, for half an hour, at the end of which time the Reindeer was so disabled, that she fell with her bow against the larboard quarter of the Wasp. The latter instantly raked her with dreadful effect; and the American rifles, from the tops, picked off almost all the officers and men on the British deck. But Captain Manners then showed himself indeed a hero. Early in the action the calves of his legs had been shot away, but he still kept the deck; at this time a grape shot passed through his thighs, but though brought for a moment on his knees, he instantly sprang up, and though bleeding profusely, not only refused to quit the deck, but exclaiming, "Follow me, my boys; we must board!" sprang into the rigging of the Reindeer, intending to leap into that of the Wasp. At this moment two balls from the American tops pierced his skull, and came out below his chin. With dying hand he waved his sword above his head, and exclaiming, "Oh God!" fell lifeless on the deck. The Americans immediately after carried the British vessel by boarding, where hardly an unwounded man remained, and so shattered was she in her hull, that she was immediately after burned by the captors. Never, says Alison, will the British empire be endangered while the spirit of Captain Manners survives in its defenders.
There was some correspondence in the early part of 1814, relative to the prisoners captured at Queenston, supposed to be British subjects, and therefore sent to England to be tried for treason. The American government confined an equal number of British prisoners, who were to be retaliated upon, unless the British government consented to exchange them the same as other prisoners, and the Canadian government confined General Winder and a number of other officers and men, as hostages for the forthcoming of the British prisoners, and in retaliation for their confinement. The whole matter ended in smoke. The traitors were not made examples of, and negotiations and retaliations ceased. During the winter, stores of every kind were forwarded to Kingston, from Quebec and Montreal. In February, the 8th regiment, and two hundred and twenty seamen, arrived overland from Fredericton, New Brunswick. The Indians, Ottawas, Chippewas, Shawnees, Delawares, Mohawks, Saiks, Foxes, Kickapoos, and Winebagoes, came to Quebec to inform the Governor General that they were poor and needed arms, but would fight to the last drop of blood for the British against the Americans, who had taken away their lands, General Prevost was, of course, exceedingly glad to hear it, and having expressed his regret for the death of Tecumseh, he loaded them with presents, entertained them for two days, and then sent them off to prepare for the campaign.
The Americans had not by any means been idle during the winter. They too had been making preparations, and when General Macomb crossed Lake Champlain on the ice, with his division, from Plattsburgh, about the end of March, serious doubts began to be entertained in Canada, with regard to the probability of another invasion. The general soon removed all doubts. He crossed to St. Armand and remained there unmolested, while General Wilkinson prepared to assault Odelltown and Lacolle Mills. As soon as Wilkinson was fully prepared for the assault, Macomb joined him, and the Americans, numbering about five thousand men, entered Odelltown. Despatches were immediately sent off by the officer in command of the stone mills at Lacolle, to Isle-aux-Noix for aid, and Captain Broke with a picquet of the 13th regiment, was sent to him. Major Handcock set about making such preparations as he could for the defence of his temporary block-house, or rather stone tower, at Lacolle. Wilkinson did not immediately advance, but halted to reconnoitre. He made a feint too, upon Burtonville, which he suffered a few grenadiers and some light infantry to check. He wanted possession of Lacolle town, and accordingly, early in the afternoon, he determined upon taking it by assault. The Americans got into the woods with the view of surrounding the blockhouse and of simultaneously assaulting it on all sides. Lacolle opened fire, but the Americans only replied by a cheer, and continued to advance. But the cheering was not of long duration, as the effect of Major Handcock's fire was not by any means elevating to the Americans. It was so heavy and so hot, and so well directed that the effect was most depressing, and the enemy retreated, in some confusion, back to the woods, from which they had emerged. Thus repulsed the gallant Americans thought of battering a breach in the tower of Lacolle, with the aid of a naked 12-pounder, or battering gun, unprotected by an earthwork. The result was that the artillerymen being within musket range, were picked off with great facility, and with such marvellous rapidity, that it was no easy matter for the enemy to load and fire. The cannonading was, nevertheless, kept up for two hours and a half, but as little attention was paid to aim, under the exciting circumstances, only four round shot struck the mill, doing no harm at all. It would have been prudent for the gallant Handcock to have kept the enemy for some time longer, in the snow and cold, keeping up so harmless a fire of artillery. But it occurred to him that the gun might be spiked, and he ordered the flank companies of the 13th regiment to charge the enemy, in front. The trees stood still, and the Americans retired a little, pouring a deadly fire upon the 13th, as they advanced in line through deep snow, as well as they could, which was not by any means very well. As the Americans still pertinaciously kept in the woods, the 13th could not, by any possibility, charge. They might have pursued the enemy individually, and the dodging and twining and twirling of the combatants would have been something extraordinary. But the 13th thought better of it and wisely retired, in good order, upon the mill. At this moment, however, the grenadiers of the Fencibles and a company of the Voltigeurs, arrived from Burtonville, and were ordered by Major Handcock to support the retiring 13th, and charge again. The whole now advanced in columns of sections upon the gun, which the Americans had spiked during the first charge, and on which the Americans in the woods were ready to concentrate their fire. The enemy did not pull a trigger until the 13th, Voltigeurs, and Fencibles were within twenty-five yards of their centre, when the further advance of the sortie was checked by the fire of musketry so hotly poured in upon them on all sides. They were instantly recalled. But the Americans being by this time wearied, cold, and hungry, and now deficient in artillery, while they were as unable to carry the mill by storm, as the British were to charge in the woods, retreated about five in the afternoon, unmolested, and afterwards fell back upon Champlain and Plattsburgh. The Americans lost in this attempt to carry a stone tower, bravely defended, 13 in killed, 123 in wounded, and in missing 30. The British lost 10 killed, 4 missing, and 2 officers and 44 men wounded.
The Americans, while they were near Cornwall, under Generals Brown and Boyd, in the autumn previously to re-crossing the river, plundered some merchants of all their goods, wares, and merchandise, found en route for Upper Canada. But the American government had stipulated for their restitution with Colonel Morrison, of the 89th, and Captain Mulcaster, of the Royal Navy. Whether the repeated checks that they had lately received from the British, in consideration of their unwelcome, but not looked for, visits, had soured the authorities, south of 45°., or no, it was now intended to sell the plunder for the benefit of the government of the United States, as British goods being rare in the American market, high prices would undoubtedly have been obtained. To prevent a consummation, not in the least devoutly wished for by the British merchants, Captain Sherwood, of the Quarter Master General's Department, suggested the idea of plundering them back again. Accordingly, Captain Kerr, with a subaltern, twenty rank and file of the marines, and ten militiamen, crossed the ice on the 6th of February, during the night, from Cornwall to Madrid, on Grass River, with horses and sleighs innumerable. The merchandise, or a great part of it, was secured, packed in the sleighs, and carried off. Indeed the inhabitants of Madrid made no opposition to Captain Kerr, but on the contrary, looking upon the expedition as rather smart, were considerably tickled, and positively helped the British to load their sleighs and be gone. Jonathan, fully alive to the ludicrous, chuckled as he thought upon the astonished countenances of the United States' officers, who were charged with the sale of the goods, when they should have ascertained their unlooked for disappearance. The inhabitants were, of course, not molested, and indeed living but a few hundred yards from the British shore, were only very moderate Americans.