Appendix

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Appendix
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APPENDIX.

An Act declaring War between the United Kingdom of
Great Britain and Ireland, and the Dependencies thereof, and the United States of America, and their
7erritotories.
Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress
assembled, that war be, and the same is hereby declared
to exist, between the united kingdom of Great Britain
and Ireland, and the dependencies thereof, and the
United States of America and their territories ; and
that the president of the United States be, and is hereby authorised, to use the whole land and naval force of
the United States, to carry the same into effect ; and to
issue to private armed vessels of the United States,
commissions or letters of marque and general reprisal, in
such form as he shall think proper, and under the seal
of the United States, against the vessels, goods and effects of the government of the said united kingdom of
Great Britain and Ireland, and the subjects thereof.
JAMES MADISON.
June 18, 1812.—Approved.

26S

APPENDIX.

Declaration of War against America—at the Court of
Carlton-house, October 13, 1812—present, His Royal
Highness the Prince Regent in Council.
Whereas, in consequence of information having been
received of a declaration of war by the United States gogovernment against His Majesty, and of the issue of letters
of marque and reprisal by the said government, against
• Us Majesty and his subjects, an ordt in council, bearing
date the 31st of July last, was issued, directing that
American ships and goods should be brought in and
detained till further orders ; and whereas His Royal
Highness the Prince Regent, acting in the name and
on the behalf of His Majesty, forbore at that time to
direct letters of marque and reprisal to be issued against
the ships, goods, and citizens of the said United States
of America, under the expectation that the said government would, upon the notification of the order in council
of the 23d of June last, forthwith recall and annul the
said declaration of war against His Majesty, and also
annul the said letters of marque and reprisal.
And whereas the said government of the United
States of America, upon due notification to them of the
said order in council of the 23d of June last, did not
think fit to recall the said declaration of war and letters
of marque and reprisal, but have proceeded to condemn,
and persisted in condemning the ships and property of
His Majesty's subjects as prize of war, and have refused
to ratify a suspension of arms agreed upon between
Lieutenant General Sir George Prevost, His Majesty's
governor-general of Canada, and General Dearborn,
commanding the American forces in the northern provinces of the United States, and have directed hostilities
to be recommenced in that quarter.

APPE.NOIX•

16:1'

His Royal Highness the Prince Regent, acting
the name and on the behalf of His Majesty, and with
the advice of His Majesty's privy council, is hereby
pleased to order, and it is hereby ordered, that general
reprisals be granted against the ships, goods and citizens
of the United States of America, and others inhabiting
within the territories thereof (save and except any vessels to which His Majesty's license has been granted,
or which have been directed to be released from the
embargo, and have not terminated the original voyage
on which they were detained or released,) so that as
well His Majesty's fleets and ships, as also all other
ships and vessels that shall be cornmiseioned by letters e:
marque or general reprisals, or otherwise by His Ma jetty's
commissioners for executing the office of lord high admiral
of Great Britain, shall or may lawfully seize all ships,
vessels and goods belonging to the government of the
United States of America, or the citizens thereof, or
others inhabiting within the territories thereof, and
bring the same to judgement in any of the courts of admiralty within His Majesty's dominions; and to that
end His Majesty's advocate-general, with the advocate
of the admiralty, are forthwith to prepare the draugl;
of a commission, and present the same to Hie Royal
Highness the Prince Regent at this board, autherieing
the commissioners for executing the office of lord high
admiral, or any person or persons by them empowered
and appointed, to issue forth and grant letters of marque
and reprisals to any of His Majesty's subjeet.s, or others
whom the said commissioners shall deem fitly qualified
in that behalf for the apprehending, seizing and taking
the ships, vessels and goods belonging to the United
States of America or the citizens thereof, or others inhabiting within the countries, territories, or dominions
thereof, (except as aforesaid,) and that such powers and
clauses be inserted in the said commission as have been
usual, and are according to former prwedents ; and His
Majesty's advocate-general, with the advocate of the
admiralty, are also forthwith to prepare the draft of a
Y2

270

APPENDIX.

commission, and present the same to His Royal Highness the Prince Regent at this board, authorizing the
said commissioners for executing the office of lord high
admiral to will and require the high court of admiralty
of Great Britain, and the lieutenant and judge of the
said court, his surrogate or surrogates, as also the several courts of admiralty within His Majesty's dominions,
to take cognizance of, and judicially proceed upon all
and all manner of captures, seizures, prizes and reprisals of all ships and goods that are or shall be taken,
and to hear and determine the same, and, according to
the course of admiralty and the laws of nations, to adjudge and condemn all such ships, vessels and goods as
shall belong to the government of the United States
of America, or the citizens thereof, or to others inhabiting within the countries, territories, and dominions
thereof, (except as aforesaid ;1 and that such powers and
clauses be inserted in the said commission as have been
usual, and are according to former precedents ; and they
are likewise to prepare and lay before His Royal Highness the Prince Regent, at this board, a draught of such
instructions as may be proper to be sent to the courts of
admiralty in his majesty's foreign governments and plantations, for their guidance herein; as also another draught
of instructions for such ships as shall be commissioned for
the purpose above mentioned.
his Royal Highness the Prince Regent is nevertheless pleased hereby to declare, in the name and on the
behalf of His Majesty, that nothing in this order contained shall be understood to recall or affect the declaration which His Majesty's naval commander on the
American station has been authorised to make to the
United States of America—namely, that His Royal
Highness, animated by a sincere desire to arrest the
calamities of war, has authorised the said commander
to sign a convention, recalling and annulling, from a day
to be named, all hostile orders issued by the respective
governments, with a view of restoring, without delay,

APPEND/X.

2'71

the relrtions of amity and commerce between His Majesty and the United States of America.
From the court of Carlton-house, the thirteenth of
October, one thousand eight hundred and twelve.
CASTLEREAGH.
N. VANSITTART.
CHARLES LONG.
(Signed,)
LIVERPOOL.
BATHURST.
MELVILLE.
SIDMOUTH.

New-York Convention.
At a convention of delegates from the several counties of the state of New-York, held at the capitol in
the city of Albany, on the 17th and 18th days of September, 1812—
Resolved, That the doctrine of late so violently in-culcated, that when war is once declared, all inquiry
into its justice and expediency ought to cease, and all
opposition to the men in power immediately to be abandoned, is essentially hostile to the vital principles of our
republican institutions ; and if adopted, would change
our present government into one of the worst species of
tyranny which the ingenuity of the foes of freedom has
yet contrived—a government, republican in its forms,
in spirit and in practice arbitrary and despotic--that it
must be obvious to the most ordinary capacity, that
were such a doctrine to prevail, an administration which
by its corruption or imbecility had justly forfeited the
confidence of the people, would be tempted to plunge
the nation into an unjust or unnecessary war, for the
sole purpose of perpetuating their power, and thus
building their own greatness on the ruins of- their country.

272

APPENDIX.

Resolved, That without insisting on the inj'zstice of
the present war, taking solely into consideration the
ti me and circumstances of its declaration, the condition
of the country, and state of the public mind, we are
constrained to consider, and feel it our duty to pronounce
it a most rash, unwise, and inexpedient measure ; the
adoption of which ought for ever to deprive its authors
of the esteem and confidence of an enlightened people ;
because, as the injuries we have received from France
are at least equal in amount to those we have sustained
from England, and have been attended with circumstances of still greater insult and aggravation ; if war
were necessary to vindicate the honor of the country,
consistency, and impartiality required that both nations
should have been included in the declaration ; because
if it were deemed expedient to exercise our right of
selecting our adversary, prudence and common sense
dictated the choice of an enemy, from whose hostility we
had nothing to dread. A war with France would equally
have satisfied our insulted honor, and at the same time,
instead of annihilating, would have revived and extended our commerce ; and even the evils of such a contest
would have been mitigated by the sublime consolation,
that by our efforts we were contributing to arrest the
progress of despotism in Europe, and essentially serving
the great interests of freedom and humanity throughout
the world ; because a republican government, depending
solely for its support on the wishes and affections of the
people, ought never to declare a war, into which the
great body of the nation are not prepared to enter with
zeal and alacrity ; as where the justice and necessity of
the measure are not so apparent as to unite all parties in
its support, its inevitable tendency is to augment the
dissentions that have before existed, and by exasperating party violence to its utmost height, prepare the
way for civil war ; because, before a war was declared
it was perfectly well ascertained, that a vast majority of
the people in the middle and northern states, by whom
the burthen and expenses of the contest must be berm.:

APPENDIX.

273

almost exclusively, were strongly opposed to the measure;
because we see no rational prospect of attaining, by
force of arms, the object for which our rulers say we are
contending ; and because the evils and distresses which
the war must of necessity occasion, far overbalances any
advantages we can expect to derive from it ; because
the great power of England on the ocean, and the amazing resources she derives from commerce and navigation, render it evident, that we cannot compel her to
respect our rights and satisfy our demands, otherwise
than by a successful maritime warfare, the 'means of
which we not only do not possess, but our rulers have
obstinately refused to provide ; because the exhausted
state of the treasury, occasioned by the destruction of
the revenue derived from commerce, should the war
continue, will render necessary a resort to loans and
taxes to a vast amount—measures by which the people
will be greatly burthened and oppressed, and the influence and patronage of the executive alarmingly increased;
and, finally, because of a war begun with such means
as our rulers had prepared, and conducted in the mode
they seem resolved to pursue, we see no grounds to
hope the honorable and successful termination.
Resolved, That while we condemn the war, in the
most distinct and unqualified terms, we are deeply sensible of the new duties and obligations which the change
of our national relations has imposed upon us, and are
fully determined in our several capacities of magistrates,
soldiers and citizens, to obey with promptness andalacrity all constitutional requisitions of the proper authorities ; seeking no other redress for the evils of which
we complain, than that which we confidently trust will
be obtained from a change of sentiment in the people,
leading to a change of men and measures.
Resolved, That we view the creation of new states out
of territories not within the ancient limits of the United
States as inconsistent with the spirit of the feudal corn-

APPENDIX.

APPENDIX.

pact, and calculated to destroy the weight which the
old, great, and populous states ought to have in the
Union, and utterly to frustrate and disappoint the great
purpose for which they entered into the confederacy.
Resolved, That we consider the employment of the
militia, for the purpose of offensive war, as a palpable
violation of the constitution, as extremely offensive to
the people, as the most expensive and the least efficient
mode of conducting the war, and as a serious and alarming encroachment on the rights of the several states,
which it behoves the true friends of our excellent institutions, by all lawful means, firmly to resist.

of freedom, are the sole objects of his incessant, unbounded, and remorseless ambition. His arms, with
the spirit of freemen, we might openly and fearlessly
enc )unter ; but, of his secret arts, his corrupting influence, we entertain a dread we can neither conquer nor
conceal. It is therefore with the utmost distrust and
alarm that we regard his late professions of attachment
and love to the American people, fully recollecting,
that his invariable course has been, by perfidious offers
of protection, by deceitful professions of friendship, to
lull his intended victims into the fatal sleep of confidence
and security, during which the chains of despotism are
silently wound_round and rivetted on them

"Whereas the late revocation of the British Orders in
Council has removed the great and ostensible cause of
the present war, and prepared the way for an immediate
accommodation of all existing differences, inasmuch as,
by the confession of the present secretary of state, satisfactory and honorable arrangements might easily be
made, by which the abuse resulting from the impressment of our seamen, might, in future, be effectually
prevented—Therefore,

Resolved that we are firmly attached to the union of
the states, most conscientiously believing, that on its
preservation, the future peace, security and independence, as well as power and grandeur of the American
nation, must mainly depend ; and we are therefore
strengthened in our reprobation of the measures of our
present rulers, from a consideration of their evident tendency to produce a dissolution of that union which we
so warmly cherish.

Resolved, That we shall be constrained to consider
the determination on the part of our rulers to continue
the present war, after official notice of the revocation of
the British Orders in Council, as affording conclusive
evidence, that the war has been undertaken from motives entirely distinct from those which have been hitherto avowed; and for the promotion of objects wholly
unconnected with the interest and honor of the American nation.

Whereas, in the opinion of this convention, the dangers which seem to threaten the existence of the union
have chiefly arisen from a course of policy, by which
the interests of the commercial states have been wantonly sacrificed to local prejudices and state jealousies ;
and whereas our minds are irresistibly impressed with
the conviction that a change of system is now demanded
by the imperious law of self preservation—therefore,
resolved, that to effect a purpose so desirable, but so
necessary, as a change of our present rulers, the barriers
of party, which separate men, differing, not in principle but in name merely, ought to be thrown down, and
every obstacle removed which can prevent and impede

274

Resolved, That we contemplate with abhorrence,
even the possibility of an aliance with the present
emperor of France, every action of whose life has demonstrated, that the attainment, by any means, of universal
empire, and the consequent extinction of every vestige

275

APPENDLL

APPENDIX.

the full and cord;:.sl co-operation of those who are actuated by the same feelings, and entertain the same sentiments.

incomprehensible—" it cannot be," said the wiser part
of our inhabitants—" the United States will never declare war against a nation which has uniformly treated
them with kindness and respect, whose fleets protect
their commerce, and whose armies support their freedom and independence." But the men at present
ruling the states, infatuated, or, as their more enlightened countrymen say, " bribed by the tyrant of France,"
regardless of the best interests of their country and the
feelings and affections of a great majority of their own
people, have commenced hostilities against our mother
country while treating their vessels with hospitality,
and instead of threatening their liberties, offering the
most equitable terms of accommodation.

`376

Resolved, That it be recommended to the friends of
peace, liberty, and commerce, who are opposed to the
present war, without distinction of parties, to assemble
in their respective counties, wherein such meetings have
not been already held, and appoint committees of corf espondence and conference, who, if deemed necessary
hereafter, may meet in convention, for the purpose of
explaining and comparing their sentiments, and concerting a common plan of operation, having for its object
the restoration of peace to our degraded and afflicted
country. JACOB MORRIS, President.
WM. HENDERSON, Secretary.

Address of the House of Assembly to the People of Upper Canada, on the Declaration of War.
The house of assembly having nearly completed the
necessary business for which they were called together,
beg leave before they return home, to lift up their warning voice at this eventful crisis. The declaration of war
issued against Great Britain by the United States, when
first announced., appeared to be an act of such astonishing
folly and desperation, as to be altogether incredible, and
not only excited the greatest surprise among the inhabitants of this province, but among they great majority of
our enemies themselves. So many cogent reasons from
interest, affection and virtue, pleaded for an opposite
policy, that the most intelligent became the most credulous. That a government professing to be the friend of
man and the great supporter of his liberty and independence, should light up the torch of war against the only
nation that stands between itself and destruction, exhi-

bited a degree of infatuation or madness altogether

277

This war, on the part of the United States, includes
an alliance with the French usurper, whose dreadful
policy has destroyed all that was great and good,, venerable and holy on the continent of Europe. The government of this bloody tyrant penetrates into every thing—
it crushes individuals as well as nations, fetters thoughts
as well as motives, and delights in destroying for ever
all that is fair and just in opinion and sentiment. It is
evidently this tyrant who now directs the rulers of
America, and they show themselves worthy disciples' of
such a master. Already have they seduced two provinces from Spain. They first tempted the people to
rebel against their lawful government. and then they
deceived and oppressed them.
They chose a time, to themselves the most inglorious,
for this infamous conduct ; when Spain, overwhelmed
with calamities and fighting most nobly at home for liberty and every thing dear to man, was not able to send
seasonable aid to her distant colonies. It is certainly
not the least wonderful among the occurrences of this
astonishing age, that we should find a nation descended
from Englishmen, connected still by the same language
and laws, by consanguinity and many similar habits, not

278

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APPENDIX.

APPENDIX.

merely eulogizing the implacable enemy of their parent
state, but joining him in the war ; and while pretending to nourish the purest principles of liberty, bowing
the knee before the foe of all just and rational freedom,
and supplicating his acceptance of tribute and adulation.

nowned in every age ; and surely when we are attacked
by the same enemy, who once already aided by the
mistaken lenity of our mother country and the misconduct of her commanders, were able to drive us from our
native homes and possessions to this province, a people
whose lands are manured with the blood of our friends
and kinsmen, who drove our wives and children from
their houses in the woods, or threw them into dungeons,
and who now envy us the habitations which through
the blessing of Providence, the beneficence of our parent state and our own industry, we have gained from
the wilderness : we are confident that 3 ou will display
the same energy, and certainly with better hopes of
success. Great Britain will not now consider Americans as perverse children who may be reclaimed, but as
her most malignant foes. Her commanders will not,
as formerly, temporise and raise hosts of enemies by
their misconduct and delays, but they will hasten to
punish them with all the rigor of war.

From this degrading picture, at which the friends of
mankind and posterity will weep, we turn with joy to
you, many of whom have already risked your lives for
the unity of the empire—we are confident that the
same spirit still animates your breasts and those of your
children, that you still retain the same love for your
excellent king, the same veneration for a free and happy
constitution that you exhibited during the American
war. You preserved your loyal principles amidst the
most dreadful political divisions and most implacable
hostilities ; you were not to be cajoled by those wicked
and designing men who looked for private gratification
in the public ruin ; you were not to be deceived by their
slanders on the parent state ; you felt no hardship, no
cruel oppresSion ; you saw no example of inhumanity
and cruelty—these were imaginary evils, invented for
the most wicked purposes, by those who sought for gain
amidst slaughte r and blood. You resisted their influence
and you acted nobly ; you were not indeed successful,
but the attempt covers you with glory. When we pictin e to ourselves the sublime prospect the world would
have exhibited this day, had the population of the neighboring states preserved like 'you, their filial love, we
should not have now beheld the continent of Europe
groaning under the yoke of a sanguinary tyrant, nor his
satellites in America studiously imitating his ferocio :s
example.
,

It is therefore from former experience that we lbok to
ou for the same patriotic principles, principles which
enabled von to face death in its most dreadful attire,
principles which exalt human nature, and which have
been warmly cherished by the most virtuous and re

Already have we the joy to remark, that the spirit of
loyalty has burst forth in all its ancient splendor. The
militia in all parts of the province have volunteered
their services with acclamation, and displayed a degree
of energy worthy of the British name. They do not
forget the blessings and privileges which they enjoy
under the protection and fostering care of the British
empire, whose government is only felt in this country
by acts of the purest justice, and most pleasing and efficacious benevolence. When men are called upon to
defend every thing they hold precious, their wives and
children, their friends and possessions, they ought to
be inspired with the noblest resolutions, and they will
not be easily frightened by menaces, or conquered by
force. And beholding as we do, the flame of patriotism
burning from one end of the Canadas to the other, we
cannot but entertain the most pleasing anticipations. Our
enemies have indeed said, that they can subdue this
country by a proclamation ; but it is our parts to prove

280

APPENDIX.

to them that they are sadly mistaken ; that the population is determinately hostile, and that the few who
might be otherwise inclined, will find it their safety
to be faithful.
For nothing is clearer than this, that if there be any
person so base and degenerate as to join the enemy after
having taken the oath of allegiance, he not only forfeits
his property but his life. The British government never
will make peace with the American states, till full and
ample indemnification has been received for all depredations committed in this country ; nor will we permit
a single traitor ever to return. Let those who have
come from the neighboring states consider this well, and
assure themselves, that as we are eager to reward loyalty
and affection for the government, so are we not slow in
punishing treachery.
Innumerable attempts will be made by falsehood, to
detach you from your allegiance ; for our enemies, in
imitation of their European master, trust more to treachery than to force ; and they will, no doubt, make use
of many of those lies, which unfortunately for the virtuous part of these states, and the peace and happiness
of the world, had too much success during the American
rebellion : they will tell you that they are come to give
freedom—yes, the base slaves of the most contemptible
faction that ever distracted the affairs of any nation—
the minions of the very sycophants who lick the dust
from the feet of Buonaparte, will tell you. that they are
come to communicate the blessing of liberty to this
province ; but you have only to look at your situation
to put such hyperites to confusion.
In order to insure our prosperity and happiness, a
constitution has been given us, modelled from that of
our parent state ; not the hasty production of a day, but
rising out of the experience of centuries. A governor
standing in the place of His Majesty, a legislative coun-

APPENDIX.

281

ell composed of a select number of the principal inhabitants of this province, and the representatives of the
people fairly chosen. In the appointment of a legislative council, a reward is presented to those who shall
deserve well of the public, and a foundation laid for an
influence different from that which is produced by overgrown wealth. Honors are a cheaper and more effectutual mode of remunerating valor, genius and singular
attachment, than any sordid or pecuniary benefit. They
are such rewards as meet the feelings of the generous
and noble minded, and they nourish that pure iind exalted ambition which gives life and energy to public
affairs, which rouse the most dignified principles of action, and extinguish that low, groveling policy which
only aims at despicable gratifications.
If the real foundation of true liberty, and consequently
of solid happiness, consists in being amenable only to
such laws as we or our representatives ordain, then are
we in possession of that liberty and that happiness, for
this principle was fully recognized by our excellent
constitution. Your house of assembly are truly elected
by the people—consequently all have a share in the
government, because all have a vote in the election of
those who make the laws. If those laws are not favorable to virtue, if they are not clear and precise, we have
nobody to blame but ourselves, and we have-the power
of altering them.
The time for which our representatives are chest n,
has a view to the situation of the province as well as to
the state of the public mind. The period is infinitely
better than annual elections, because it gives the reprcsentativeslo comprehend the business for which they are
sent, and enables them to bring to maturity regulations
which require information from different parts of the
country.

Z2

2S2

APPENDIX.

The qualifications for becoming an elector are simple
and moderate ; every person may soon possess them,
who is not convicted of felony, and who has attained the legal age. Nor is any person excluded from
becoming a representative, except the public teachers
of religion, and such as are not subjects of the king.
Is not this constitution perfect above all ethers' In our
laws and institutions there is so much wisdom, such an
anxiety to keep the moral code always in view, such an
attention to our feelings, such a regard to the preservation
of our rights both in person and property, such a steady
abhorrence of vice, and such a strict enforcement of virtue, in as far as it can become the object of public
regulation, as merits, on our part, the most steady attachment; and in putting them in force there is, if
possible, more to praise than in the laws themselves. If
ever impartiality in the administration of justice was attained, we certainly have attained it. There is no
interference on the part of government. The true interest of the rulers as well as of the people is known to
depend upon the unfettered operations of the laws. The
judges and crown officers selected from an honorable
and liberal profession—men whose minds are raised by
their education far above all narrow and sordid views—
are appointed to put the laws in force. When we behold
these upright dispensers of justice without any temptation
to the right or to the left, prepared by a long course of
study for their awful and important functions ; when
we behold them hearing with the greatest candor and
most invincible patience, not merely the causes between
different subjects, but those between private citizens
and their sovereign, and instead of leaning to the rulers
who appoint them, giving every proper facility to the
prisoner, attending particularly to his defence, and even
becoming his council when he errs. Shall we not
feel grateful to a government which promotes and sanctions so great uprightness, and which seeks so eagerly
the happiness of its people. It is not enough that we
be obedient subjects to such a government as this ; we

APPENDIX.

283

must be active in its defence against open enemies and
internal foes. Is there any person who is not conscious
that he is completely master of his own conduct—
that the quiet possession of his life, his person and
property, and good name, are secured to him by the
laws. Do we not feel that our government is able, and
not merely able, but careful to protect the rights of every
individual, and to allow him as much liberty as is
compatible with the rights of his fellow subjects ; protecting him against all oppression, giving free scope to
the exertion of his talents, and in every way contributing to his comfort and happiness. Such is a faint sketch
indeed of the glorious constitution which we enjoy ;
and this we are called upon to exchange for the government of the United States ; a government which has
oppressed and impoverished its own people, and deprived
them virtually, of all their valuable privileges. For
how can liberty exist among a people where officers of
state and representatives crouch to a.bloody tyrant ? Be
vigilant against such an enemy ; the contest is indeed
awful and to be deplored ; but of the event your represe itatives entertain no dread.
It is not necessary for us to examine the causes ailed=
ged by our enemies for this unjust and unnatural war,
because an address from the house of representatives of
the state of Massachusetts, the most respectable in the
union, proves in the most satisfactory manner, that it
is wanton and unprovoked, and is the climax of the
various outrages previously committed against Great
Britain. In this statement they have been joined by the
minority in congress, whose exposition of the secret
reasons of the war, and the falsehood of those alledged
by the president and his friends is unanswerable,
and must hand down the promoters of this diabolical
measure to the execration of posterity. Indeed the
more enlightened and best informed persons in the United States, all men who love their native land and think
.74' impartiality, are 7rieet the war ; and as they

-

-

APPENDIX.

APPENDIX.

form an increasing majority, we have every reason to
suppose, that they will be able to hurl their opponents
from power, and speedily to restore peace to their country.

their condign punishment on conviction—a law which
it will not be easy to escape.

284

Finding on their meeting that the province was actually invaded, it became immediately necessary for
your representatives to give as much efficacy as possible
to our natural means of defence. For this purpose, several alterations have been made in the militia laws, which
being framed from a state of tranquility, were too weak
in their provisions for actual war. These alterations
render it easy for the commander in chief of the province to call out any part, or in case of necessity the
whole militia, subject while embodied to the strictest
discipline, that they may become truly formidable to
the enemy.
Your representatives persuaded themselves that the
great majority of their constituents were willing to
make every sacrifice at such a time as this, and to endure
a temporary privation of liberty, in order ultimately to
secure the whole. In providing for the defence of the
province, your representatives did not hesitate to enact
the severest punishment against those who refuse to
march against the enemy, or who endeavor by their
influence to discourage and deter others. But as they
apprehend more danger from the private machinations
of their foes than their open attacks, it was necessary to
restrain the liberty of those who were not immediately
called into the field.
Trusting more to treachery than open hostility, our
enemies have already spread their emissaries through
the country to seduce our fellow subjects from their allegiance, by promises as false as the principles on which
they are founded. A law has therefore been enacted
for the speedy detection of such emissaries, and for

285

In passing these different acts for the defence and
preservation of the province, your representatives proceeded with all possible moderation. The exigency of
the times would perhaps have justified them in adopting
stronger measures ; but they were not disposed to
abridge the rights and privileges of the people, any further than was absolutely necessary. It did not escape
them, that placed as we are so near our enemies, bordering upon them through such an extensive line of
country, connected with them by so many ties, and so
many persons lately from American states settled among
us, whose inclinations, though in the main good, would
naturally lean against us, ordinary measures of caution
were not sufficient. But trusting, on the other hand, to
the well tried loyalty of the great body of the people,
to assist in the execution cf the laws and the detection
of those doubtful characters and secret traitors, they
have been induced to adopt the most lenient which a
due attention to the general safety would admit.
Your representatives finished their labors with placing in the hands of his honor, the president, all the
public money that they could collect, in order to contribute as much as possible to the extraordinary expence
which the war renders necessary, and they have the
fullest confidence that it will be most faithfully applied.
Having thus endeavored, to the best of their abilities,
to provide for the welfare and safety of the province,
your representatives take the liberty of reminding you
that the best laws are useless without the zealous cooperation of the people ; unless you are prepared to
undergo the greatest privations, and to make the severest
sacrifices, all that your representatives have done will
be of no avail. Be ready, then, at all times, to rally
round the royal standard, and let those who are not
called into service assist the families of those who are

AENPPDIL

AEPPNDIX.

called into the field. Be quick to discern and prompt to
seize upon all those who either by word or deed seek to
stifle or discourage that ardent patriotism which at this
moment animates all the inhabitants of this province ;
let your whole attention be applied to the defence of the
country and the defeat of our enemy.

Persevere as you have begun, in your strict obedience to the laws and your attention to military discipline ;
deem no sacrifice too costly which secures the enjoyment
of our happy constitution ; follow, with your countrymen in Britain, the paths of virtue, and, like them,
you shall triumph over all your unprincipled foes.
( Signed,)
ALLAN MAC LEAN,
Speaker.
Commons House of Assembly, August 5th, 1812.

286

Inspired with this disposition, your representatives
are confident of success, for although they admit that
the contest will be terrible and the hardships which you
will have to suffer severe, yet the justice of our cause,
and your gratitude and attachment to the illustrious nation
of which you form a part, will enable you to surmount
them. And let no one deceive you with vain terrors
concerning the new powers with which we have armed
government. The good and loyal will never perceive
them, except in the greater security which thy will
give him ; for they are placed in the hands of his excellency General Brock, a commander no less distinguished
for his valor in the field than for his justice and humanity.
In his wisdom and experience, in war, your representatives have the firmest reliance ; and they rejoice that at
such a crisis, a general of so great abilities, and whose
private merits gain the hearts of all who know him,
should, through Divine Providence, be placed at the
head of this government.
Remember, when you go forth to the combat, that
you fight not for yourselves alone, but for the whole
world. You are defeating the most formidable conspiracy against the civilization of man that ever was
contrived ; a conspiracy threatening greater barbarism
and misery than followed the downfall of the Roman
empire—that now you have an opportunity of proving
your attachment to the parent state which contends for
the relief of oppressed nations, the last pillar of true
liberty, and the last refuge of oppressed humanity.
.

287

Letter of Colonel Cass, of the Army late under the Command of Brigadier General William Hull, to the
Secretary of War.
Washington, September 10th, 1812.
Sir—Having been ordered on to this place by Colonel
Mc. Arthur, for the purpose of communicating to the
government such particulars respecting the expedition
lately commanded by Brigadier General Hull and its
disasterous result, as might enable them correctly to appreciate the conduct of the officers and men, and to
develope the causes which produced so foul a stain upon the national character, I have the honor to submit
for your consideration the following statement :
When the forces landed in Canada, they landed with

an ardent zeal and stimulated with the hope of conquest.

No enemy appeared within view of us, and had an immediate and vigorous attack been made upon Malden, it
would doubtless have fallen an easy victory. I knew
general Hutt afterwards declared he regretted this attack had not been made, and he had every reason to believe success would have crowned his efforts. The reason given for delaying our operations was to mount our
heavy cannon, and afford to the Canadian militia time
and opportunity to quit an obnoxious service. In the
course of two weeks, the number of their militia who

289

APPENDIX.

APPENDIX.

were embodied had decreased by desertion from six
hundred to one thousand men : and, in the course of
three weeks, the cannon were mounted, the ammunition fixed, and every preparation made for an immediate
investment of the fort. At a council, at which were
present all the field officers, and which was held two
days before our preparations were completed, it was
unanimously agreed to make an immediate attempt to accomplish the object of the expedition If by waiting
two days we could have the service of our artillery, it
was agreed to wait ; if not, it was determined to go without it and attempt the place by storm. Thiso pinion appeared to correspend with the views of the general, and
the day was appointed for commencing our march.
He declared to me that he considered. himself pledged
to lead the army to Malden. The ammunition was
placed in the wagons, the cannon were embarked on
board the floating batteries, and every requisite was
prepared. The spirit and zeal, the ardor and animation
displayed the officers and men on learning the near
accomplishment of their wishes, a sure and sacred
pledge, that in the hour of trial they would not be
wanting in duty to their country and themselves, in opposition to the wishes and opinions of all the officers,
was adopted by the general. The plan of attacking
Malden was abandoned, and instead of acting offensively, we broke up our camp, evacuated Canada, and
re-crossed the river in the night, without even the
shadow of an enemy to injure us. We left to the tender mercy of the enemy the miserable Canadians who
had joined us, and the protection we afforded them was
but a passport to vengeance. This fatal and unaccountable step dispirited the troops, and destroyed the little
confidence which a series of timid, irresolute and indecisive measeres had left in the commanding officer.

fourth was absent,) were informed through a medium
which admitted of no doubt, that the general had stated
that a capitulation would be necessary. They, on the
same day, addressed to Governor Meigs of Ohio a letter, of which the following is an extract :

288

About the tenth of August, the enemy received a
reinforcement of four hundred men. On the twelfth,
the commanding officers of three- of the regiments t the
.

" Believe all the bearer will tell you. Believe it,
however it may astonish you, as much as if told by one
of us. Even a c is talked of by the
The bearer will fill the vacancy."
The doubtful fate of this letter rendered it necessary
to use circumspection in its details, and therefore the
blanks were left. The word capitulation' will fill the
first and' commanding general' the other. As no enemy
was near us, and as the superiority of our force was
manifest, we could see no necessity for capitulating
nor any propriety in alluding to it. We therefore deter
mined in the last resort to incur the responsibility of
divesting the general of his command. This plan was
eventually prevented by two of the commanding officers
of regiments being ordered upon detachments.
On the 13th, the British took a position opposite to Detroit, and began to throw up works. During that and
the two following days, they pursued their object without interruption and established a battery for two eighteen
pounders and an eight inch howitzer. About sunset on
the 14th, a detachment of 350 men from the regiments
commanded by Colonel M'Arthur and myself was ordered to march to the river Raisin, to escort the provisions,
which had some time remained there protected by a
company under the command of Captain Brush.
On Saturday, the 15th, about 1 o'clock, a flag of
truce arrived from Sandwich, bearing a summons from
General Brock, for the surrender of the town and fort
of Dettoit, stating, he could no longer restrain the fury
of the savages. To this an immediate and spirited
A4

291

APPENDIX.

APPENDIX.

refusal was returned. About four o'clock their batteries
began to play upon the town. The fire was returned
and continued without interruption and with little effect
till dark. Their shells were thrown till eleven o'clock.
At daylight, the firing recommenced ; about the
same time the enemy began to land troops at the
Springwells, three miles below Detroit, protected by
two of their armed vessels. Betweei 6 and 7 o'clock,
they had effected a landing and took up thir line of march.
They moved in a close column of platoons, twelve in
front, upon the bank of the river.

and shells of the enemy were falling. The fort was in
this manner filled; the men were directed to stick their
arms, and scarcely was an opportunity afforded of moving. Shortly after, a white flag was hung out upon
the walls. A. British officer rode up to inquire the
cause. A communication passed between the commanding generals, which ended in the capitulution submitted
to you. In entering into this capitulation, the general
took counsel from his own feelings only. Not an officer
was consulted. Not one anticipated a surrender till he
saw the white flag displayed. Even the women were
indignant at so shameful a degradation of the American
character, and all felt as they should have felt but he
who held in his hands the reins of authority.

290

The fourth regiment was stationed in the fort ; the
Ohio volunteers and a part of the Michigan militia, behind some pickets, in a situation in which the whole
flank of the enemy would have been exposed. The
residue of the Michigan militia were in the upper part
of the town to resist the incursions of the savages. Two
twenty-four pounders loaded with grape shot were
posted on a commanding eminence, ready to sweep the
advancing column. In this situation, the superiority of
our position was apparent, and our troops, in the eager
expectation of victory, awaited the approach of the
enemy. Not a sigh of discontent broke upon the ear ;
not a look of cowardice met the 'eye. Every man
expected a proud day for his country, and each was anxious that his individual exertion should contribute to the
general result.
-

When the head of their column arrived within about
five hundred yards of our line, orders were received
from General Hull for the whole to retreat to the fort,
and for the twenty-four pounders not to open upon the
enemy. One universal burst of indignation was apparent
upon the receipt of this order. Those whose conviction
was the deliberate result of a dispassionate examination
of passing events, saw the impropriety of crowding one
thousand one hundred men into a little work, which
three hundred could fully man, and into which the shot

Our morning report had that morning made our men
present, fit for duty, one thousand and sixty, without
including the detachment before alluded to, and without
including three hundred of the Michigan militia on
duty. About dark on Saturday evening, the detachment
sent to escort the provisions received orders from General
Hull, to return with as much expedition as possible.
About ten o'clock the next day they arrived within
sight of Detroit. Fled a firing been heard, or any resistance visible, they would immediately have advanced
and attacked the rear of the , enemy. The situation in
which this detachment was placed, although the result
of accident, was the best for annoying the enemy and
cutting off his retreat that could have been selected.
With his raw troops enclosed between two fires, and no
hopes of succour, it is hazarding little to say that very
few would have escaped.
I have been informed by Colonel Findley, who saw
the return of the quarter-master-general the day after
the surrender, that their whole force, of every description, white, red, and black, was one thousand and
thirty. They had twenty-nine platoons, twelve in a
platoon, of men dressed in uniform. Many of these

292

APPENDIX.

APPENDIX.

were evidently Canadian militia. The rest of their
militia increased their white force to about seven hundred men. The number of the Indians could not be
ascertained with any degree of precision ; not many
were visible. And in the event of an attack upon the
town and fort, it was a species of force which could
have affinded no material advantage to the enemy.

enemy invited us to meet him in the field. By defeating him the whole country would have been open to us,
and the object of our expedition gloriously and successfully obtained. If we had been defeated, we had nothing to do but to retreat to the fort, and make the best
defence which circumstances and our situation rendered:.
practicable. But basely to surrender without firing a
gun—tamely to submit without raising a bayonet—disgracefully to pass in review before an enemy as inferior.
in the quality as in the number of his forces, were circumstances which excited feelings more easily felt than
described. To see the whole of our men flushed with
the hope of victory, eagerly awaiting the approaching
contest, to see them afterwards dispirited, hopeless and
desponding, at least five hundred shedding tears because they were not allowed to meet their country's
foe, and to fight their country's battles, excited sensations which no American has ever before had cause to
feel, and which, I trust in God, will never again be
felt, while one man remains to defend the standard of
the Union.

In endeavoring to appreciate the motives and to investigate the causes which led to an event so unexpected
and dishonorable, it is impossible to find any solution in
the relative strength of the contending parties, or in
the measures of resistance in our power. That we were
far superior to the enemy.; that upon any ordinary principle of calculation we would have defeated them, the
wounded and indignant feelings of every man there
will testify.
A few days before the surrender, I was informed by
General Hull, we had four hundred rounds of twentyfour pound shot fixed, and about one hundred thousand
cartridges made. We surrendered with the fort forty
barrels of powder and two thousand five hundred stand
of arms.
The state of our provisions has not been generally
understood. On the clay of the surrender we had fifteen
days provisions of every kind on hand. Of meat there
was plenty in the corm try, and arrangements had been
made for purchasing and grinding the flour It was calculated we could readily procure three months provisions
independent of one hundred and fifty barrels of flour,
and one thousand three hundred head of cattle which
had been forwarded from the state of Ohio, which remained at the River Raisin under Captain Brush,within reach
of the army,
-

But had we been totally destitute of provisions, our
duty and our interest undoubtedly was to fight. The

293

I am expressly authorised to state, that Colonel Me.
Arthur and Colonel Findley, and Lieutenant Colonel
Miller viewed this transaction in the light which I do.
They know and feel that no circumstance in our situation, none in that of the enemy, can excuse a capitulation so dishonorable and unjustifiable. This, too, is
the universal sentiment among the troops ; and I shall
be surprised to learn that there is one man who thinks it
was necessary to sheath his sword or lay down his
musket.
I was informed by General Hull, tlr! morning after
the capitulation, that the British forces consisted of one
thousand eight hundred regulars, and that he surrendered to prevent the effusion of human blood. That he
magnified their regular force nearly five fold, there ca ,
be no doubt. Whether the philanthropic reason assign-•
A A2
.

,

294

295

APPENDIX.

APPENDIX.

ed by him is a sufficient justification for surrendering a
fortified town, an army and a territory, is for the government to determine. Confident I am, that had the
courage and conduct of the general been equal to the
spirit and zeal of the troops, the event would have been
as brilliant and successful as it now is disastrous and
dishonorable.

the controul of the militia, in certain emergencies, that it
should, by perverted interpretations, at its discretion, use
that power in the absence of those emergencies, and that
the calling ont of the militia of this state, by the President of the U. States, by virtue of the act aforesaid,
without the existence of such emergency, is an open and
dangerous innovation upon our rights and liberties.

Very respectfully, sir,. I have the honor to be, your
most obedienl servant,
LEWIS CASS,
Col. 3d Regt. Ohio Volunteers.
The Hon. Was. EUSTIS,
Secretary of War.

Resolved, That the power delegated by the constitution to the general government, to raise and support
armies, as well from the nature and form of the government, as from the preamble to the constitution, was intended for the defence and protection of our own territory ; and that the invasion of a foreign territory, by armies raised and supported by the general government,
and garrisoning our forts with the militia, as a substitute
for these armies, is holding them in service longer than
any exigency existed, even if any existed at all, and an
unwarrantable stretch of power, which must ultimately
lead to a consolidation of these United States into a military government, if not timely and vigorously checked
and resisted by all lawful and constitutional means.

Legislature of Maryland—The following Preamble and
Resoluitims were ordered 'to be printed in the House of
Delegates.
Whereas, The president of the United States called
upon the executive of this state to furnish.his proportion
of one I.- ndred thousand militia, by virtue of an act of
congress, passed 10th April 1812 ; and it appearing to
this general assembly,that the said requisition was unaccompanied with either of the exigencies provided by
the constitution :—And whereas, the wise and patriotic
framers of our constitution, having for their object the
freedom, the happiness and independence of their country, thought it necessary, in order to preserve this
government in its republican form, and secure the
blessings of liberty to their posterity, to constitute
protecting barriers against an improper or ambitious
use of military power :—And whereas, offensive
wars, schemes of foreign conquest, accession of territory, or national aggrandizement, are repugnant to
the principles of our free institutions—Therefore,
-

Resolved, That it was never contemplated by the
constitution, when it entrusted to the general government

aE

Resolved, That if the general government, as a part
of their policy, prefer the service of the militia to the
employment of regular troops, in garrison, or any other
military operations, even in the state to which they beit is, under the constitution, bound to provide all
the means necessary for their support, and that it has no
power to burthen the states with any of the expenses incident to such service.
Genera Smyth's Vindication of his Conduct in the
Failure of his Attempt to invade Canada.
Head Quarters, Camp near Buffalo, Dec. 3.
Gentlemen—You• letter of the 2d Dec. is before me,
and I answer it in the following manner

296

APPENDIX.

On the 26th October, I ordered that 20 scows should
he prepared for the transportation of artillery and cavalry, and put the carpenters of the army upon that duty.
By the 26th of Nov. 10 scows were completed, and
by bringing some boats from Lake Ontario, above the
falls of Niagara, the number was increased to 70.
I had on the 12th Nov. issued an address to the men
of New York, and perhaps 300 had arrived at Buffalo. I
presumed the regular troops, and the volunteers under
colonels Swift and M'Clure, would furnish 2360 men
for duty ; and of general Tannehill's brigade from Pennsylvania, reporting a total of 1650, as many as 412 had
volunteered to cross into Canada. My orders were to
" cross with 3000 men at once." I deemed myself
ready to fulfill them.
,

Preparatory thereto, on the night of the 27th of Nov.
I sent over two parties, one under lieut. colonel Boerstler, the other under Capt.King, with whom Lieut.Angus
of the navy, at the head of a body of seamen, united.
The first was to capture a guard and destroy a bridge
about 5 miles below Fort Erie : the second party was
to take and render useless the cannon of the enemy's
batteries, and some pieces of light artillery. The first
party failed to destroy the bridge—the second, after
rendering unserviceable the light artillery, separated by
misapprehension. Lieut. Angus, the seamen, and a
part of the troops, returned, 'with all the boats, while
Capt. King, Capt.Margan, Capt. Spraul, Lieut.Houston
and about 60 men,remained. The party thus reduced,
attacked, took, and rendered unserviceable two of the
enemy's batteries, captured 34 prisoners, found two
boats, in which Capt. King sent his prisoners and about
halfhis party with the other officers ; he himself remaining with 30 men, whom he would not abandon.

APPENDIX.

297

Orders had been given, that all the troops in the
neighborhood should march, at reveillee, to the place of
embarkation. A part of the detachment sent in the
night returned and excited apprehensions for the residue,
about 250 men under the command of Colonel Winder,
suddenly put off in boats for the opposite shore; a part
of the force had landed, when a force deemed superior,
with one piece of artillery was discovered; a retreat
was ordered, and Colonel Winder's detachment suffered
a loss of six killed and nineteen wounded, besides
some officers.
The general embarkation commenced as the troops
arrived—but this being a first embarkation, the whole
of the scows were occupied by about one third of the
artillery, while about 800 regular infantry, about 200
twelve months volunteers under Colonel Swift, and
about 200 of the militia who had volunteered for a few
days, occupied all the boats that were ready. The
troops, then embarked, moved up the stream to Black
Rock, without loss—they were ordered to disembark
and dine.
I had received from my commanding general an instruction in the following words—" In all important
movements you will, I presume, consider it advisable
to consult some of your principal officers." I deemed
this equivalent to an order; and the movement important. I called for the field officers of the regulars and
twelve months volunteers embarked. Colonel Porter
was not found at the moment. These questions were
put—is it expedient now to cross ? Is the force we hare
sufficient to conquer the opposite shore ?
The first question was decided in the negetive by
Colonels Parker, Schuyler, Winder, Lieutenant Colonels Boerstler, Coles, and Major Campbell—Colonel
Swift alone gave an opinion for then crossing over. The
second question was not decided. Colonels Parker,

298

299

APPENDIX.

APPENDIX.

Schuyler, Lieutenant Colonel Coles and Major Campbell were decidedly of opinion that the force was insufficient. Colonels Winder, Swift, Lieut. Colonel Boerstler and Captain Gilman, deemed the force sufficient.

these the brigade major estimated at about 150. It was
probably greater. It then became a question whether
it was expedient to invade Canada in open daylight,
with 1500, at a point where no reinforcements could be
expected for some days. 1 saw that the number of the
regular troops was declining rapidly—I knew that
on them chiefly I was to depend. I called together
the officers commanding corps of the regular army.
Col. Parker being sick, those present were Colonel
Porter of the artillery, Col. Schuyler, Col. Winder and
Lieut. Col. Coles. I put to them this question :—Shall
we proceed ? They unanimously decided that we ought
not. I foresaw that the volunteers who had come out for
a few days, would disperse—several of them had on the
evening of the 28th broke their muskets. I foresaw that
the number of the regular troops would decrease, the
measles and other diseases being among them ; and they
were now in tents' ' in the month of December. I informed the officers that the attempt to invade Canada
would not be made until the army was reinforced; directed them to withdraw their troops, and cover them
with huts immediately.

I determined to postpone crossing over until more
complete preparations would enable me to embark the
whole force at once, the counsel prescribed by my orders. The next day was spent in such preparation,
and the troops were ordered to be again at the place of
embarkation at 8 o'clock on the morning of the 30th
of November. On their arrival they were sent into
the adjacent woods, there to build fires, and to remain
until 3 o'clock A. M. on the 1st of December, when it
was intended to put off two hours before daylight, so as
to avoid the enemy's cannon in yassing the position
which it was believed they occut)ed below, to land
above Chippawa, assault that place, and if successful
march through Queenston to Fort George For this
expedition, the contractor was called on to furnish rations for 2500 men for four days, when it was found
that he could furnish the pork but not the flour—the
deputy quarter master called for 60 bbls. and got but 35

-

-

-

.

The embarkation commenced, but was delayed by
circumstances, so as not to be completed until after daylight, when it was found the regular infantry, 688 men,
the artillery, 177 men, Swift's volunteers, estimated
at 236, companies of federal volunteers under Captains
Collins, Phillips, Allison, Moore, Maher and Marshall,
amounting to 276 men, commanded by Lieutenant Colonel Mc. Clure, 100 men of Colonel Dobbin's militia,
and a few men in a boat with Gen. P. B. Porter, had
embarked— the whole on board amounting, exclusive
of officers, to 1465 men, or thereabouts; and it was
two hours later than had been contemplated. There
were some groups of men not yet embarked ; they were
applied to, requested and ordered by the brigade major
to get into their boats—they did not. The number of

You say that on Saturday every obstruction was removed, and that a landing might have been effected without
the loss of a single man. This proves you unacquainted
with the occurrences of the day. Colonel Winder, in
returning from the enemys shore in the morning, lost a
tenth part of 11:s force, in killed and wounded. The
enemy showed no more than 500 or 600 men, as estimated by Colonel Parker, and one piece of artillery
supposed a nine pounder. That force we no doubt might
have overeome, but not without logs; and that, from
the great advantage the encnn would have had, might
have been considerable.
To recapitulate :—My orders were to pass into Canada
with 3000 men at once. On the firA day of embarkation not more than 1100 men were embarked, of whom

300

APPENDIX.

400, that is, half the regular infantry, were exhausted
with fatigue, and want of rest. On the second embarkation, only 1500 men were embarked, and these were to
have put off immediately, and to have descended the
river to a point where reinforcements were not to he
expected. On both days, many of the regular troops
were men in bad health, who could not have stood one
day's march ; who, although they were on the sick report, were turned out by their ardent officers. The
affair at Queenston is a caution against relying on crowds
who go to the banks of Niagara to look on a battle as on
a theatrical exhibition ; who, if they are disappointed of
the sights, break their muskets : or if they are without
rations for a day desert. I have made to you this frank
disclosure without admitting your authority to require it,
under the impression that you are patriotic and candid
men ; and that you will not censure me for following the
cautious counsels of experience ; nor join the senseless
clamor excited against me by an interested man.
I have some reason to believe that the cautious counsel given by the superior officers of my command was
good. • From deserters we learn, that 2344 rations are
issued daily on the frontier, on the British side. Captain
King, prisoner at Fo.t George, writes to an officer thus :
" Tell our friends to take better care of themselves than
it appears I have done."
I am, gentlemen, with great respect, your most
obedient,
ALEXANDER SMYTH,
Brigadier General.
FINIS.

T. Sewell, Printer, Market Square, Niagara, Upper Canada,

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