General Brock

by Lady Matilda Ridout Edgar

Sir Thomas Saumarez, who had married a cousin of General Brock,[[1]] writes to him from Halifax that he and his wife had safely arrived there, and considered themselves very fortunate at not having fallen into the enemy's hands, as war had been declared a week before they reached port. He says: "We came out in a very valuable ordnance store ship, which would have been a great acquisition to the enemy, and its loss would have been severely felt, as all the stores on board are much required. Our squadron on this station has been very active. Prizes arrive here daily, I could almost say hourly. The Emulous brought in ten yesterday, and thirty thousand dollars were found on some of them. Mr. Foster, the late ambassador to the states, has been here nearly a week, he is to sail for England to-day. The northern and eastern states are extremely inimical to, and dissatisfied with this war, so much so that there is reason to suppose they will dissolve the union shortly, and declare themselves totally independent of the southern and western states. The American privateers are extremely numerous and daring in this neighbourhood, and I am sorry to add they have proved but too successful, having captured several of our vessels bound to Quebec and New Brunswick, and some to this port. I received a note about an hour ago from Lieutenant-Colonel Pearson, who sailed from here last Sunday with his wife and family, for Quebec, being appointed inspecting field officer in Canada, to inform me that he had been made prisoner by an American privateer. Most of our ships are looking out for the squadron under Commodore Rodgers, who is supposed to have sailed from New York with a view to intercept our West India fleet. A transport with a hundred and forty men of the Royals, from the West Indies to Quebec, was boarded by the Essex, an American frigate, about ten days ago, and permitted to proceed on condition that the master of the vessel promised to pay a ransom of twelve thousand dollars for her, and that the officers commanding should consider themselves on parole, and give their assurance that the troops would not fight against the Americans during the war."

This was a rather aggravating piece of news when men and money were needed so badly.

While General Brock was in York attending to the meeting of the legislature, affairs at Fort George were in charge of Lieutenant-Colonel Myers, an officer in whom he had great confidence. "Niagara on the British side, or as it is sometimes called, Newark," so an American soldier writes, "looks wicked everywhere. It is a charming, fertile village, but all a camp fortified at every point."

The militia

The militia, who had been allowed to go to their homes on account of the harvest, had been recalled. There was a question raised at this time as to the powers which General Brock had in his combined military and civil capacity. As civil governor he could convene general courts-martial for the trial of offenders belonging to the militia, and even inflict punishment by death; but in his military office he could only convene the court. He thought he ought to have equal authority in both offices. He wrote from York on August 4th to Sir George Prevost, as follows: "I have the honour to enclose a statement made by me yesterday to His Majesty's executive council, which will fully apprize your Excellency of my situation. The council adjourned for deliberation, and I have no doubt will recommend the prorogation of the assembly and the proclamation of martial law, but doubts occurring in contemplation of such an event, I take the liberty to submit these questions to your Excellency, and request the aid of your experience and superior judgment. In the event of declaring martial law can I without the sign manual approve and carry into effect the sentence of a general court-martial? 2nd. Can I put upon a general court-martial, after martial law is proclaimed, any person not a commissioned officer in His Majesty's regular forces? In other words, can officers of the militia sit in conjunction with those of the line?"

Sir George Prevost

The answer to this was written on August 12th, and Sir George said: "As the martial law which you propose declaring is founded on the king's commission and upon the extreme case of invasion alluded to in it, I am inclined to think that whatever power is necessary for conveying the measure into effect must have been intended to be given you by your commission. The officers of the militia, becoming themselves subject to martial law, I conceive they may sit upon courts-martial with officers of His Majesty's regular force, but upon both these points I desire not to be understood as speaking decisively."

News had just reached Quebec of Captain Roberts's capture of Fort Michilimackinac. Sir George wrote: "Great credit is certainly due that officer for the zeal and promptitude with which he has performed this service. At the same time I must confess my mind has been very much relieved by finding that the capture took place at a period subsequent to Brigadier-General Hull's invasion of the province, as had it been prior to it, it would not only have been in violation of Captain Roberts's orders, but have afforded a just ground for the subsequent conduct of the enemy, which I now plainly perceive no forbearance on your part would have prevented." As a matter of fact the capture of Michilimackinac was effected contrary to Sir George Prevost's order, because Fort St. Joseph, being nearly three hundred and fifty miles from Detroit and Sandwich, and the expedition having left the fort four days after Hull's invasion, it was not possible for Captain Roberts to have heard in that time of the event. In his letter to the adjutant-general announcing the capture, he does not say that he had heard of the invasion. In his letter to Lord Bathurst, Sir George expresses himself rather differently. He says: "In these measures Major-General Brock was most opportunely aided by the fortunate surrender of Fort Michilimackinac, which giving spirit and confidence to the Indian tribes in its neighbourhood, part of whom assisted in its capture, determined them to advance upon the rear and flank of the American army as soon as they heard it had entered the province."

At this time Sir George was much occupied with the meeting of the legislature at Quebec. To the credit of the House it must be said that they took prompt measures for the safety of the country. Past differences were forgotten, and all the members worked for the common weal. An act was passed providing for the issue of army note bills. The province was to pay the interest accruing upon the notes and the expense of the establishment. They were to be legal tender. Fifteen thousand pounds annually for five years were granted to pay the interest that might become due on these bills, of which two hundred and fifty thousand pounds were authorized to be put into circulation. Large bills, of twenty-five dollars and upwards, were to bear interest at the rate of four pence a day for every one hundred pounds. At the end of five years all those who might be the holders of such army bills were entitled to receive the amount of the same, with interest due, out of the provincial treasury.[[2]]