I believe you are authorized by the commission under which you administer the government of Upper Canada, to declare martial law in the event of invasion or insurrection; it is therefore for you to consider whether you can obtain any thing equivalent to that power from your legislature. I have not succeeded in obtaining a modification of it in Lower Canada, and must therefore, upon the occurrence of either of those calamities, declare the law martial unqualified, and of course shut the doors of the courts of civil law.
The report transmitted by Captain Dixon, of the Royal Engineers, to Lieut.-Colonel Bruyeres, of the state of defence in which he had placed Fort Amherstburg, together with the description of the troops allotted for its defence, give me a foreboding that the result of General Hull's attempt upon that fort will terminate honorably to our arms.
If Lieut.-Colonel St. George be possessed of the talents and resources required to form a soldier, he is fortunate in the opportunity of displaying them. Should General Hull be compelled to relinquish his operations against Amherstburg, it will be proper his future movements should be most carefully observed, as his late march exhibits a more than ordinary character of enterprize.
Your supposition of my slender means is but too correct; notwithstanding, you may rely upon every exertion being made to preserve uninterrupted the communication between Kingston and Montreal, and that I will also give all possible support to your endeavours to overcome every difficulty.
The possession of Malden, which I consider means Amherstburg, appears a favorite object with the government of the United States. I sincerely hope you will disappoint them.
Should the intelligence, which arrived yesterday by the way of Newfoundland, prove correct, a remarkable coincidence will exist in the revocation of our orders in council as regards America, and the declaration of war by congress against England, both having taken place on the same day in London and at Washington, the 17th June.
Colonel Baynes to Major-General Brock.
QUEBEC, August 1, 1812.
Sir George yesterday received your letter of the 20th with its several enclosures, which are, I assure you, highly interesting to all, and doubly so to those who feel warmly and sincerely attached to you; and few, I believe, possess more friends and well wishers than yourself. 100 effective of the Newfoundland, and 50 picked men of the Veterans, left this in boats on Thursday, and, as it has blown a gale of east wind ever since, have I trust made great progress: they were intended to reinforce the garrison of Kingston, and to relieve the company of the 49th that escorted stores to that place. Sir George regrets extremely his inability to render you a more efficient aid, but, under existing circumstances, he does not feel himself warranted to do more. I regret to find your militia at Sandwich so lukewarm, to call it by no harsher name; but I fear that little can be expected from those recently settled, or of American extraction, and with our Canadians we have found a very reluctant compliance. I trust we may still look to considerable reinforcements from home this year. We are led to expect the 1st battalion of the Royals from the West Indies immediately, destined indeed to relieve the 41st. I hope we shall not be disappointed, as our militia will feel bold if well backed; and I am sure Sir George will rejoice in receiving the means of rendering you further assistance. It appears to be credited that the orders in council were rescinded, in as far as regarded America, on the 17th June, the day the war vote was carried: this will strengthen the oppositionists in the States, and the timid will feel alarmed, not without reason, when they read the glorious and judicious exploit of Captain Hotham, in the Northumberland, 74, in destroying, under circumstances of great difficulty and peril, two French 44-gun frigates and a sloop, which received a superior degree of protection from batteries on the shore than can be afforded to Commodore Rodgers in any harbour of the States.
The Americans are forming depôts in the neighbourhood of the Montreal frontier and building batteries on the lake, but they have not brought forward any considerable shew of strength;—on this appearance of weakness we cannot rely, as it would answer no good end making a parade before they intended to attack. If they be serious in their views on this province, the attempt will be probably backed by predatory incursions on various points. A corps of militia is kept on the Point Levi side.