In Lower Canada, by the militia law, the province was divided into fifty-two divisions. All males from sixteen to sixty were required to enrol their names with a captain of companies mustered to serve a year. This was the sedentary militia, consisting of about fifty thousand men. The incorporated militia, by an act passed May 19th, 1812, was fixed at two thousand men, but was increased afterwards. This body was chosen by ballot from unmarried men in the sedentary militia, the term of service to be two years, which was afterwards increased to three years. No substitutes were permitted to serve. In the Upper Province, with some trifling modifications, the same system prevailed, but on account of the more scanty population the force was proportionately less.
War imminent
The commander-in-chief still preached caution and forbearance. In his letter to General Brock, of March 31st, 1812, he says: "I have carefully examined Lieutenant-Colonel Macdonell's report on the American fort at Detroit, written at your desire from information he had received during a residence of a few days in the vicinity. Whatever temptations may offer to induce you to depart from a system strictly defensive, I must pointedly request that under the existing circumstances of our relation with the government of the United States, you must not allow them to lead you into any measure bearing the character of offence, even should a declaration of war be laid on the table of congress by the president's influence, because I am informed by our minister at Washington there prevails throughout the United States a great unwillingness to enter upon hostilities, and also because the apparent neglect at Detroit might be but a bait to tempt us to an act of aggression, in its effects uniting parties, strengthening the power of the government of that country, and affording that assistance to the raising of men for the augmentation of the American army, without which their ability to raise an additional regiment is now questioned. You are nevertheless to persevere in your preparations for defence."
Three weeks later, in a letter to Lord Liverpool, Sir George Prevost's tone had changed, and he was inclined to think war was more imminent. He writes: "The recent passing of an embargo act in congress, the orders issued for the march of sixteen hundred men to reinforce the American positions on Lakes Erie and Ontario and the river St. Lawrence, indicate an inevitable disposition for hostilities, which have induced me to accept the services of five hundred Canadian youths, to be formed into a corps of light infantry, or voltigeurs." On the same date, the minister at Washington, Mr. Foster, wrote to Lord Castlereagh, who had succeeded the Marquis of Wellesley as secretary of war: "The militia in the northern, and particularly the eastern states, are well trained and armed. The general who has been lately appointed commander-in-chief (Dearborn) is a heavy, unwieldy looking man, who was a major in the American revolutionary war, and was a prisoner in Canada. He has apparently accepted his appointment with great reluctance. There is a cannon foundry near here from which a hundred cannon have been lately sent to New York, many of them cast iron. They have fifty more now on hand. Considerable supplies are daily sending to Albany, the contractors having shipped for that place every barrel of beef and pork in the market."
On April 14th, the president of the United States placed an embargo on all American vessels for ninety days, so as to limit the number on the high seas, and also to enable them to man their ships of war and privateers. Their fastest merchant vessels were made into cruisers. The anti-war party in the United States, however, still hoped that the orders-in-council would be repealed or at least some friendly message sent from the English government. But no friendly message came.
In England at this time there was an interregnum of confusion. It was on May 8th, 1812, that Spencer Perceval, the prime minister, was assassinated. A letter of that date says: "Never has the British government been in the situation it now is, Mr. Perceval dead, and all public offices in confusion, and the great men caballing one against the other. If they repeal the orders-in-council, the American trade will flourish beyond all former periods. They will then have the whole commerce of the continent in their hands, and the British, though blockading with powerful armaments the hostile ports of Europe, will behold fleets of American merchantmen enter in safety the harbours of the enemy, and carry on a brisk and lucrative trade, whilst the English, who command the ocean and are sole masters of the deep, must quietly suffer two-thirds of their shipping to be dismantled, and to lie snug and useless in little rivers or alongside huge but empty warehouses. Their sailors, in order to earn a little salt junk and flinty biscuit, must spread themselves like vagabonds over the face of the earth, and enter the service of any nation. If, on the contrary, they continue to enforce their orders, trade will still remain in its present deplorable state. An American war will follow, and poor Canada will be obliged to bear the whole brunt of American vengeance."[[3]]
Repeal of orders-in-council
On April 21st, 1812, the Regent had agreed to revoke the orders-in-council if the Berlin and Milan decrees should be repealed. It was June 15th, however, when Mr. Brougham, in the House of Commons, moved for their repeal. They were revoked on June 23rd, a few days after the actual declaration of war by the United States.
In May the English government did not apprehend war. So little did they think it was coming that both the 41st and 49th Regiments were ordered back for service in Portugal. In July even Lord Liverpool, the new prime minister, wrote that he hoped there would be no occasion for the sacrifices that the people of Lower Canada were willing to make for the defence of their country, and that the repeal of the orders-in-council would bring about a better feeling between the two countries. He directed that preparations for defense should be delayed, and that the proposed raising of the Glengarry Regiment should be given up. When that letter arrived at its destination, war was in progress. It was well for Canada that by the foresight of one man in command there, preparations had been made to meet it.