Some Account of the Public Life of the Late Lieutenant-General Sir George Prevost, Bart. / Particularly of His Services in the Canadas, Including a Reply to the Strictures on His Military Character, Contained in an Article in the Quarterly Review

by E. B. Brenton

Upon which Charges the Court came to the following decision:—

"The Court having duly weighed and considered the evidence adduced, as well in support of the Charges, as in support of the Defence, is of Opinion."

"That the Prisoner, Major-General Henry Procter, Lieutenant-Colonel of the 41st Regiment, is not Guilty of any part of the First Charge; and the Court doth therefore wholly acquit him, the said Major-General Procter, of the same."

"On the Second Charge, the Court is of opinion, that the said Major-General Procter is Guilty of the following part thereof, that he did not take the proper measures for conducting the Retreat; but the Court is of Opinion, that the said Major-General Procter is Not Guilty of any other part of the said Charge, and doth therefore acquit him of the same."

"On the Third Charge the Court is of opinion, that the said Major-General Procter is Guilty of that part thereof in which it is charged, that the said Major General Procter did not take the necessary measures for affording security to the Boats, Waggons, and Carts, laden with the Ammunition, Stores, and Provisions, required for the Troops on their retreat; but the Court is of opinion, that the said Major-General Procter is Not Guilty of any part of the remainder of the said Charge, and doth therefore acquit him of the remainder thereof."

"On the Fourth Charge the Court is of opinion, that the said Major-General Procter is Guilty of that part thereof, in which it is charged that he neglected to occupy the heights above the Moravian Village, although he had previously removed his Ordnance, with the exception of one Six Pounder, to that position, where, by throwing up Works he might have awaited the attack of the Enemy, and engaged them to great advantage;—and that after the intelligence had reached him of the approach of the Enemy on the Morning of the said 5th October, he halted the said Division, notwithstanding it was within two miles of the said Village, and formed it in a situation highly unfavourable for receiving the attack, which afterwards took place;—but the Court is of opinion, that the said Major-General Procter is Not Guilty of any part of the remainder of the said charge, and doth therefore acquit him of the remainder thereof."

"On the Fifth Charge the Court is of opinion, that the said Major-General Procter is Guilty of that part thereof, in which it is charged that he did not on the said 5th day of October, either prior to or subsequent to, the attack by the Enemy on the said Division on that day, make the Military dispositions best adapted to meet or to resist the said attack; but the Court is of opinion, that that part thereof, in which it is charged that during the Action, and after the Troops had given way, he did not make any effectual attempt in his own person or otherwise, to rally or encourage them, or to co-operate with and support the Indians who were engaged with the Enemy on the right, has not been proved, and the Court doth therefore acquit him, the said Major-General Procter of the same;—and the Court is of opinion, that the said Major-General Procter is Not Guilty of any part of the remainder of the said Charge, and doth therefore fully and honourably acquit him of the same."

"Upon the whole, the Court is of opinion, that the prisoner, Major-General Procter, has in many instances during the retreat, and in the disposition of the Force under his Command, been erroneous in judgment, and in some, deficient in those energetic and active exertions, which the extraordinary difficulties of his situation so particularly required."

"The Court doth therefore adjudge him, the said Major-General Procter, to be publicly reprimanded, and to be suspended from Rank and Pay, for the period of Six Calendar Months."

"But as to any defect or reproach, with regard to the personal conduct of Major-General Procter, during the action on the 5th of October, the Court most fully and honourably acquits the said Major-General Procter."