Chapter VI

Our memoir having now reached the year 1812, in which the United States of America declared war against Great Britain, we proceed to give a brief review of the causes which led to that event; and in doing so it will be necessary to go back to the commencement of the century.

The first president of America, the immortal Washington,[43] and his successor, Adams, entertained friendly sentiments towards the British government and people; but early in 1801, Jefferson succeeded the latter functionary as president, being elected by ten of the sixteen states then constituting the Union. Jefferson was as inimical to England as he was favorable to France, so was his secretary of state, and successor in the presidential chair, Madison. Although there were many intervenient heart-burnings, it was not until the year 1807, when Jefferson was a second time president, that the government of the United States assumed a decidedly hostile attitude towards Great Britain. The Berlin decree, in which the French ruler ventured to declare the British islands in a state of blockade, and to interdict all neutrals from trading with the British ports in any commodities whatever, produced fresh retaliatory orders in council, intended to support England's maritime rights and commerce, and to counteract Bonaparte's continental system. The Berlin decree was a gross infringement of the law of nations and an outrage on neutral rights, which especially called for resistance from the Americans, a neutral and trading people; but they neither resisted nor seriously remonstrated against it. Other causes of dispute arose from the determination of the British government to exclude the Americans from the blockaded ports of France, and from that inexhaustible source of quarrel, the impressment of British seamen from American vessels, especially as the difficulty of distinguishing British from American seamen led occasionally to the impressment of American native born citizens. In June, 1807, occurred the rencontre between his majesty's ship Leopard and the Chesapeake, which terminated in the forcible extraction from the American frigate of four deserters from British ships of war. The British government instantly disavowed this act, and recalled Vice-Admiral Berkeley, who had given the order to search the Chesapeake. Jefferson, however, not only issued a proclamation interdicting all British ships of war from entering the ports of the United States, but proposed to congress to lay an embargo on American vessels, and to compel the trading ships of every other nation to quit the American harbours. This proposition was warmly opposed by the federalists, or Washingtonians, but it was nevertheless adopted by large majorities. Thus matters remained, with subsequent slight modifications, from the month of December, 1807, to the declaration of war in 1812, an interval which the commercial classes spent in a hopeless struggle against bankruptcy and ruin. Attempts were not wanting on our part to arrive at a friendly accommodation, but Jefferson demanded, as a preliminary, the revocation of the British orders in council, and the entire exemption of American ships from any search, or from any question as to their crews or cargoes. The British government pledged itself to repeal the orders in council as soon as the French decrees should cease to exist. In 1809, Jefferson was succeeded as president by Madison, who was compelled to yield somewhat to the popular outcry, and to repeal the universal embargo substituting a non-intercourse act with England and France, both which nations, it must be confessed, having by restraints on their commerce given the Americans just grounds for dissatisfaction. On the 23d June, 1812, the prince regent in council revoked the orders in council as far as regarded America, with a proviso that the revocation should be of no effect unless the United States rescinded their non-intercourse act with England. It has been thought that the revocation came too late, and that if it had been conceded a few weeks earlier, there would have been no war with America; but Madison had been treating with Bonaparte's government since the end of the year 1810, and the whole course of his conduct, with his evident desire to illustrate his presidency by the conquest of Canada, proved his determination to brave a war with England. He and his party nicely calculated on which side the greater profit was to be obtained--whether the United States would gain more by going to war with England than by hostility against Bonaparte and his edicts. "Every thing in the United States," says James in his naval history, "was to be settled by a calculation of profit and loss. France had numerous allies--England scarcely any. France had no contiguous territory; England had the Canadas ready to be marched into at a moment's notice. France had no commerce; England had richly-laden merchantmen traversing every sea. England, therefore, it was against whom the death-blows of America were to be levelled." The struggles of England against Napoleon enabled the American government to choose its own time. On the 14th April, congress laid an embargo on all ships and vessels of the United States during the space of ninety days, with the view of lessening the number that would be at the mercy of England when war was finally declared, and also of manning efficiently their ships of war and privateers. By the end of May their fastest merchant vessels were converted into cruisers, ready to start at a short notice. On the 18th of June, before the revocation of the orders in council was known in the United States, a declaration of war was carried in the house of representatives by seventy-nine to forty-nine votes, its supporters being chiefly from the western and southern states to Pennsylvania inclusive, while the advocates for peace were principally from the northern and eastern states.[44]

_Sir George Prevost to Major-General Brock_.

QUEBEC, January 22, 1812.

It is the opinion of the adjutant-general that you will not
wish to avail yourself of the conditional leave of absence I
have received authority to grant you. I shall hear with
particular satisfaction that Baynes is not mistaken, as I
value your services highly.

If it be the disposition of government to employ Major-General
Sheaffe, the death of Major-General Balfour, at Fredericton,
and the absence of Major-General Wilder, affords the
opportunity of doing so without depriving me of your
assistance at this critical period of affairs.

_Colonel Baynes to Major-General Brock, at York._

QUEBEC, January 23, 1812[45]

Sir George Prevost has commissioned me to inform you that by
the October mail, which arrived two days ago, he received a
letter from the adjutant-general, authorizing him to permit
your return to England for the purpose of being employed on
the continent, and sanctioning his appointing Major-General
Sheaffe to succeed you on the staff in Canada. But Sir George,
viewing the intention of the commander-in-chief as instigated
solely by a desire to promote your wishes and advantage, and
having learnt from me that from the tenor of your recent
correspondence I was led to believe that you would prefer
retaining your present charge, he has directed me to inform
you of the circumstance by a private letter, which will enable
you to canvass the subject with more freedom than an official
communication would admit of. Your decision to remain longer
in Canada will be highly acceptable to him. Sheaffe, I have no
doubt, will be very speedily provided for in this country,
without depriving us of your services. Sir George has asked
permission to appoint him in General Wilder's place, and there
will be two vacancies in Nova Scotia to fill up in the spring.

Sir George has great pleasure in acceding to your request to
be permitted to nominate one or two ensigns to the Glengary
Fencibles, and, if you wish, young Shaw may be immediately
provided for in that corps, and afterwards transferred to the
line.

The cold here has been severer for the last eight days than
has ever been recollected by the oldest inhabitant; the
thermometer falling as low as 33 degrees under cipher,
accompanied with high wind, and never rising during all that
time above 15 degrees below--it is at this moment 20 degrees
under cipher: fortunate you, that are in a milder climate, for
we are suffering dreadfully from excessive cold. By your
description of your pastime in shooting wild pigeons, you
certainly possess a very great advantage over us in these
respects. We have been much plagued with opthalmia, which has
been very general in the king's regiment, and the severe cold
does not prevent the contagion.

* * * * *

On the 4th February, 1812, Major-General Brock, accompanied by a numerous suite, opened the session of the legislature at York with the following speech to the legislative council and the house of assembly:

"Honorable Gentlemen of the Legislative Council, and Gentlemen
of the House of Assembly.

"I should derive the utmost satisfaction, the first time of my
addressing you, were it permitted me to direct your attention
solely to such objects as tended to promote the peace and
prosperity of this province.

"The glorious contest in which the British empire is engaged,
and the vast sacrifice which Great Britain nobly offers to
secure the independence of other nations, might be expected to
stifle every feeling of envy and jealousy, and at the same
time to excite the interest and command the admiration of a
free people; but, regardless of such generous impressions, the
American government evinces a disposition calculated to impede
and divide her efforts.

"England is not only interdicted the harbours of the United
States, while they afford a shelter to the cruisers of her
inveterate enemy, but she is likewise required to resign
those maritime rights which she has so long exercised and
enjoyed. Insulting threats are offered, and hostile
preparations actually commenced; and though not without hope
that cool reflection and the dictates of justice may yet avert
the calamities of war, I cannot, under every view of the
relative situation of the province, be too urgent in
recommending to your early attention the adoption of such
measures as will best secure the internal peace of the
country, and defeat every hostile aggression.

"Principally composed of the sons of a loyal and brave band of
veterans, the militia, I am confident, stand in need of
nothing but the necessary legislative provisions, to direct
their ardour in the acquirement of military instruction, to
form a most efficient force.

"The growing prosperity of these provinces, it is manifest,
begins to awaken a spirit of envy and ambition. The
acknowledged importance of this colony to the parent state
will secure the continuance of her powerful protection. Her
fostering care has been the first cause, under Providence, of
the uninterrupted happiness you have so long enjoyed. Your
industry has been liberally rewarded, and you have in
consequence risen to opulence.

"These interesting truths are not uttered to animate your
patriotism, but to dispel any apprehension which you may have
imbibed of the possibility of England forsaking you; for you
must be sensible that if once bereft of her support, if once
deprived of the advantages which her commerce and the supply
of her most essential wants give you, this colony, from its
geographical position, must inevitably sink into comparative
poverty and insignificance.

"But Heaven will look favorably on the manly exertions which
the loyal and virtuous inhabitants of this happy land are
prepared to make, to avert such a dire calamity.

"Our gracious prince, who so gloriously upholds the dignity
of the empire, already appreciates your merit, and it will be
your first care to establish, by the course of your actions,
the just claim of the country to the protection of his royal
highness.

"I cannot deny myself the satisfaction of announcing to you
from this place, the munificent intention of his royal
highness the prince regent, who has been graciously pleased to
signify that a grant of £100 per annum will be proposed in the
annual estimates, for every future missionary of the Gospel,
sent from England, who may have faithfully discharged, for the
term of ten years, the duties of his station in this province.

"Gentlemen of the House of Assembly,

"I have no doubt but that, with me, you are convinced of the
necessity of a regular system of military instruction to the
militia of this province;--on this salutary precaution, in the
event of a war, our future safety will greatly depend, and I
doubt not but that you will cheerfully lend your aid, to
enable me to defray the expense of carrying into effect a
measure so conducive to our security and defence.

"I have ordered the public accounts to be laid before you, and
have no doubt but that you will consider them with that
attention which the nature of the subject may require.

"Honorable Gentlemen of the Legislative Council and Gentlemen
of the House of Assembly,

"I have, without reserve, communicated to you what has
occurred to me on the existing circumstances of this province.
We wish and hope for peace, but it is nevertheless our duty to
be prepared for war.

"The task imposed on you, on the present occasion, is arduous;
this task, however, I hope and trust, laying aside every
consideration but that of the public good, you will perform
with that firmness, discretion, and promptitude, which a
regard to yourselves, your families, your country, and your
king, call for at your hands.

"As for myself, it shall be my utmost endeavour to co-operate
with you in promoting such measures as may best contribute to
the security and to the prosperity of this province."

The addresses of the provincial parliament in reply were highly satisfactory, and in answer Major-General Brock observed:

"The congratulations offered upon my appointment to the
honorable station I hold in this province, and the confidence
you so early repose in me, are, be assured, received with
pride and heartfelt satisfaction.

"Impressed with the assurance of your support, I feel a most
perfect reliance that the exertions of this province will be
found equal to meet every emergency of this important crisis."

* * * * *

The conclusion of the following letter is descriptive of Major-General Brock's views and intentions in the probable event of a war ensuing between Great Britain and the United States, and which a few months afterwards he carried into effect with a success that must have exceeded his most sanguine expectations.

_Major-General Brock to Colonel Baynes, the Adj.-General._

YORK, February 12, 1812.

The assurance which I gave, in my speech at the opening of the
legislature, of England co-operating in the defence of this
province, has infused the utmost confidence; and I have reason
at this moment to look for the acquiescence of the two houses
to every measure I may think necessary to recommend for the
peace and defence of the country. A spirit has manifested
itself, little expected by those who conceived themselves the
best qualified to judge of the disposition of the members of
the house of assembly. The most powerful opponents to Governor
Gore's administration take the lead on the present occasion.
I, of course, do not think it expedient to damp the ardour
displayed by these once doubtful characters. Some opposed Mr.
Gore evidently from personal motives, but never forfeited the
right of being numbered among the most loyal. Few, very few I
believe, were actuated by base or unworthy considerations,
however mistaken they may have been on various occasions.
Their character will very soon be put to a severe test. The
measures which I intend to propose are:

1.--A militia supplementary act. Sir George will hear the
outlines from Captain Gray.

2.--The suspension of the habeas corpus. A copy of the act now
enforced in the Lower Province.

3.--An alien law.

4.--The offer of a reward for the better apprehension of
deserters.

If I succeed in all this, I shall claim some praise; but I am
not without my fears. I shall send you the militia act the
moment it passes into a law. The more I consider the new
provisions, the more I am satisfied (giving of course every
proper allowance to the disposition of the people) they are
peculiarly calculated to meet the local situation of the
country. I have not a musket more than will suffice to arm the
active part of the militia from Kingston westward. I have
therefore to request that the number of arms may be sent,
according to the enclosed requisition, to the places therein
specified, on the communication between Glengary and Kingston.
Every man capable of carrying a musket, along the whole of
that line, ought to be prepared to act. The members of the
assembly from that part of the country are particularly
anxious that some works may be thrown up as a rallying point
and place of security for stores, &c, in the vicinity of
Johnstown. I shall request Colonel M'Donnell to examine, on
his return, the ground which those gentlemen recommend as best
suited for that purpose. Being immediately opposite
Ozwegatchie, some precaution of the sort is indispensable,
were it only to preserve a free communication between the two
provinces. I have been made to expect the able assistance of
Captain Marlow. Should he be still at Quebec, have the
goodness to direct his attention, on his way up, to that
quarter. He had better consult. Colonel Frazer and Captain
Gilkinson, men of sound judgment and well acquainted with the
country. The militia will have of course to be employed on the
works.

I must still press the necessity of an active, enterprizing,
intelligent commander being stationed on that important line
of communication. I wish Colonel Ellice[46] were here to
undertake the arduous task, as it is wholly impossible that I
can do so. Every assistance in my civil capacity I shall
always be ready to give, and to that point my exertions must
be necessarily limited. Niagara and Amherstburg will
sufficiently occupy my attention. I deliver my sentiments
freely, believing they will not be the less acceptable.

I discussed every point connected with Amherstburg so
completely with Captain Gray, that I do not find any thing
very essential was omitted. Colonel M'Donnell will be able
probably to give us further insight as to the actual state of
affairs there. He was to make every enquiry and, as far as he
was permitted, to judge himself of the relative strength of
Detroit. Lieut.-Colonel---- preceded him by some days, but in
such state of mind that forbids my placing any dependance in
his exertions. When I first mentioned my intention of sending
him to Amherstburg, he seemed diffident of his abilities, but
pleased at the distinction. However, when he received his
final instructions, his conduct in the presence of some
officers was so very improper, and otherwise so childish, that
I have since written to say, if he continued in the same
disposition, he was at liberty to return to Niagara. I did not
directly order him back, because at this time I consider an
officer of rank necessary at Amherstburg, particularly during
the absence of Messrs. Elliott and Baby, who are both here
attending their parliamentary duties. You will imagine, after
what I have stated, that it is the influence of his rank I
alone covet, and not his personal aid. He has very fortunately
given timely proof that he is in no way ambitious of military
fame, therefore unfit for so important a command. Should it
please his excellency to place the 41st and 49th at my
disposal, I propose sending the former regiment to
Amherstburg, as we cannot be too strong in that quarter. I
have already explained myself on that point, and Captain Gray
is furnished with further arguments in support of the measure.
I have delayed to the last the mention of a project which I
consider of the utmost consequence in the event of
hostilities. I set out with declaring my full conviction, that
unless Detroit and Michilimakinack be both in our possession
immediately at the commencement of hostilities, not only the
district of Amherstburg, but most probably the whole country
as far as Kingston, must be evacuated. How necessary,
therefore, to provide effectually the means of their capture.
From Amherstburg it will be impossible to send a force to
reduce Michilimakinack. Unless we occupy completely both
banks, no vessel could pass the river St. Clair. What I
therefore presume to suggest for his excellency's
consideration, is the adoption of a project which Sir James
Craig contemplated three years ago. The north-west company
undertook to transport 50 or 60 men up the Ottawa, and I make
no doubt would engage again to perform the same service. If
therefore a war be likely to occur, at the time the canoes
start from Montreal, I should recommend 40 or 50 of the 49th
light company, and a small detachment of artillery, embarking
at the same time for St. Joseph's. Should hostilities
commence, the north-west would not object to join their
strength in the reduction of Michilimakinack; and should peace
succeed the present wrangling, the 49th detachment could be
easily removed to Amherstburg.

_Colonel Baynes to Major-General Brock_.

QUEBEC, February 20, 1812.

Captain M'Donnell has not clearly understood the purport of
his mission to Upper Canada, and the general regrets that he
should have proceeded the length he has done without having
previously received your advice and instructions, to obtain
which was the chief object of his visit to York. It is to be
hoped, however, that sufficient patronage still remains open
to meet your wishes, as the appointment of three of General
Shaw's sons may be considered, from the sentiments of
friendship and regard you have testified for that officer, to
be almost equivalent to anticipating your own choice of them.
And Sir George has directed me to inform you, that he readily
accepts of your proposal to recruit two companies, to be added
to the Glengary Fencibles; the nomination of the officers,
viz. two captains, two lieutenants, and two ensigns, to rest
entirely with you. The general has approved of the following
quotas of men for the respective ranks: captains 30,
lieutenants 15, and ensigns 20; the commissions to be issued
on completing the quota, and such as complete their proportion
quickest, or exceed in extra number of recruits, will have
priority in regimental rank. I am not aware that Sir George
purposes nominating a lieutenant-colonel; but I am sure that
you will not feel less disposed to promote the formation of
this corps, when I inform you that it is his intention to
recommend me to the commander-in-chief for the appointment of
colonel.

_Colonel Baynes to Major-General Brock_.

QUEBEC, February 22, 1812.

Sir George is much pleased with the favorable account Captain
Gray has given him of your proceedings. Your speech is highly
approved of here, and we shall rejoice to find our house
following so laudable an example as your commons have shewn
them: but I am not sanguine; they have already commenced with
great illiberality and violence to vent their spleen and
resentment against Sir James (Craig) in votes of censure, and
I fancy Sir George, with all his amiable, conciliatory
mariners, will hardly succeed in keeping them within bounds.

_Major-General Brock to Sir George Prevost_.

YORK, February--, 1812.

I cannot permit Colonel M'Donnell to return home without
giving your excellency a short account of our proceedings
here.

I had every reason to expect the almost unanimous support of
the two houses of the legislature to every measure the
government thought it necessary to recommend; but after a
short trial, I found myself egregiously mistaken in my
calculations.

The many doubtful characters in the militia made me anxious to
introduce the oath of abjuration into the bill: there were
twenty members in the house, when this highly important
measure was lost by the casting voice of the chairman.

The great influence which the numerous settlers from the
United States possess over the decisions of the lower house is
truly alarming, and ought immediately, by every practical
means, to be diminished. To give encouragement to real
subjects to settle in this province, can alone remove the
evil. The consideration of the fees should not stand in the
way of such a politic arrangement; and should your excellency
ultimately determine to promise some of the waste lands of the
crown to such Scotch emigrants as enlist in the Glengary
Fencibles, I have no hesitation in recommending, in the
strongest manner, the raising of a Canadian corps upon similar
offers, to be hereafter disbanded and distributed among their
countrymen in the vicinity of Amherstburg. Colonel M'Donnell
being in full possession of my sentiments on this subject, I
beg leave to refer your excellency to him for further
information.

The bill for the suspension of the habeas corpus, I regret to
say, was likewise lost by a very trifling majority. A strong
sentiment now prevails that war is not likely to occur with
the United States, which, I believe, tended to influence the
votes of the members; I mean of such who, though honest, are
by their ignorance easily betrayed into error.

The low ebb of their finances appears to stagger the most
desperate democrats in the States, and may possibly delay the
commencement of direct hostilities; but should France and
England continue the contest much longer, it appears to me
absolutely impossible for the United States to avoid making
their election; and the unfriendly disposition they have for
some years past evinced towards England, leaves little doubt
as to their choice. Your excellency, I am sensible, will
excuse the freedom with which I deliver my sentiments.

Every day hostilities are retarded, the greater the
difficulties we shall have to encounter. The Americans are at
this moment busily employed in raising six companies of
Rangers, for the express purpose of overawing the Indians; and
are besides collecting a regular force at Vincennes, probably
with a view of reinforcing Detroit. Indeed, report states the
arrival of a large force at Fort Wayne, intended for the
former garrison. Their intrigues among the different tribes
are carried on openly and with the utmost activity, and as no
expense is spared, it may reasonably be supposed that they do
not fail of success. Divisions are thus uninterruptedly sowed
among our Indian friends, and the minds of many altogether
estranged from our interests. Such must inevitably be the
consequence of our present inert and neutral proceedings in
regard to them. It ill becomes me to determine how long true
policy requires that the restrictions now imposed upon the
Indian department ought to continue; but this I will venture
to assert, that each day the officers are restrained from
interfering in the concerns of the Indians, each time they
advise peace and withhold the accustomed supply of ammunition,
their influence will diminish, till at length they lose it
altogether.

I find that ever since the departure of Priest Burke from
Sandwich, the £50 per annum paid from the military chest to
that gentleman have been withheld, on what account I have not
been able to ascertain. The individual at present officiating
is highly spoken of; and as several gentlemen of the Catholic
persuasion have applied to me to intercede with your
excellency to renew the allowance, I presume to submit the
case to your indulgent consideration.

_Colonel Baynes to Major-General Brock._

QUEBEC, March 5, 1812.

I have the pleasure to acknowledge the receipt of your letter
of the 12th February, which I have communicated to Sir George,
who is highly pleased to find you are satisfied to retain the
important post you fill, and which you appear to govern under
such very auspicious prospects. I sincerely trust you will be
able to keep your subjects, and particularly your house of
representatives, in the same good humour and sound principles
which they have hitherto testified. You will perceive in the
main sentiments of Sir George's opening address, a perfect
accordance with your own: the answer of the assembly led to a
very violent and personal debate, which lasted with closed
doors for nearly eighteen hours. It would have been more to
their credit had they left out the allusion which has drawn
from Sir George a very appropriate retort. Your friend, James
Cuthbert, was very warm and eloquent upon the occasion, and
the demagogue party seemed sensible of the severity of his
satire, when he compared the factious cabal to Æsop's fable of
the ass kicking at the dying lion. Having vented their spleen,
they will, I believe, prove a little more tractable: the
militia bill has a prospect of being materially amended, and
they will, I think, allow a proportion of about 2,000 men, or
perhaps a few more, to be incorporated for two or three
months, for three successive years; after the second year to
be replaced by a new quota, and to be selected by ballot, and
no substitutes permitted to serve in the place of a militiaman
drawn by lot: this will be a great point gained.

_Major-General Brock to Colonel Baynes._

YORK, March 9, 1812.

I received yesterday your letter dated the 20th February, and
have to express my thanks to Sir George Prevost for his
readiness in attending to my wishes.

His excellency having been pleased to authorize the raising of
two companies under my superintendence, giving me the
nomination of the officers, I have to acquaint you, for his
information, that Alexander Roxburgh, Esq., has been appointed
by me to raise men for a company, and William M'Lean,
gentleman, for an ensigncy. The former is a gentleman strongly
recommended to me by Mr. Cartwright, of Kingston; and the
latter, the son of an officer formerly in the 25th regiment,
who, having settled in this country, has become one of the
most influential characters in it. He is a member of the house
of assembly for the district of Frontenac. I have not yet
determined in respect to the remaining commissions, but will
report the instant the individuals are nominated.

Captain Dixon (royal engineers) proceeded four days ago to
Amherstburg, with the gentlemen who were returning from their
parliamentary duties.

I request you will have the goodness to inform me of the
probable time I may expect the honor of seeing Sir George
Prevost, as I shall consider it a duty, which I shall execute
with the utmost pleasure, of meeting his excellency at
Kingston.

_Colonel Baynes to Major-General Brock._

QUEBEC, March 19, 1812.

I regret to find by your late letters to Sir George Prevost,
that your expectations from your legislature have not been
realised to the extent of your well grounded hopes. Sir
George, who is well versed in the fickle and untractable
disposition of public assemblies, feels more regret than
disappointment. He has a very delicate card to play with his
house of assembly here, who would fain keep up the farce of
being highly charmed and delighted with his amiable
disposition and affable manners: they have even gone the
length of asserting, that these traits in his character have
afforded them the most entire confidence that in his hands the
alien act would not be abused. They have, however, taken the
precaution of stripping it of its very essence and spirit,
while last year they passed it without a division, when Sir
James, (Craig,) on whose mild and affable disposition they did
not pretend to rely, told them that it could only alarm such
as were conscious of harbouring seditious designs. They have
passed an amendment to the militia bill, which, though not
affording all that was required, is still a material point
gained. 2,000 men are to be ballotted to serve for three
months in two successive summers; one of their strongest
objections was the apprehension of the Canadians contracting
military habits and enlisting into the service.[A]

Sir George has directed me to inform you, that he will be
ready to render you any assistance in his power to strengthen
the Upper Province; but that unless reinforcements arrive from
England, (in which case you may depend upon having a due
proportion put under your immediate command,) his means of
doing so are but very limited. His excellency is not sanguine
in his expectation of receiving reinforcements this summer; on
the contrary, the appearance of hostilities beginning to abate
at Washington, and the pledge held out in the prince regent's
speech of supporting with energy the contest in Spain and
Portugal, are likely to prevent troops being sent to this
quarter, unless a more urgent necessity of doing so should
appear. I will not comment on American politics, in which we
all appear to agree that the deep-rooted jealousy and hatred
of that people must in the end lead to hostilities, and that
it behoves us not to lose sight of an event which, if not
prepared to meet, we shall find more difficult to
repel;--under this impression, Sir George is disposed to
promote the several plans you have recommended to him,
relating to the general line of conduct you would wish to
adopt in the defence of the important province committed to
your charge. If no additional forces be sent out, he will
send up the strong detachment of the 41st, composed of
uncommonly fine young men, and in very good order: the general
has it also in view to send you a strong detachment of the
Newfoundland regiment, selecting their seamen and marine
artificers, who will be most useful in the proposed works to
be carried on at York; and here I am apprehensive that the
means of augmenting your strength must be bounded, unless the
Glengary Levy can be rapidly formed, and Sir George is
sanguine in his expectations of its being speedily placed upon
a respectable footing: in that case, it could occupy Kingston
and that line of communication between the provinces, which
you deem so essential to be guarded. This corps will have the
very great advantage of starting with a better selected body
of officers than has fallen to the lot of any Fencible
regiment in Canada. I hope you will feel inclined to bring
forward Shaw as one of your captains, as without your
countenance I fear he will find it an arduous task to provide
for himself and his brother. The uniform of the corps is to be
green, like that of the 95th rifles.

Sir George expressed himself very sensible of the policy of
the line of conduct you would wish to pursue respecting the
Indians; but as other considerations of the greatest political
delicacy are so minutely interwoven with them, and as the
American government are already inclined to view every
transaction with those people with a jealous and suspicious
eye, he would recommend the utmost caution and forbearance,
lest a different line of conduct might tend to increase the
irritation between the two governments, which it is evidently
the wish of Great Britain to allay.

Our weather has been, and still continues for the season,
severer than ever was recollected by the oldest stagers, and
has rather put our Halifax friends out of conceit with the
fine climate of Canada, particularly as Lady Prevost's health
is delicate, and she is very sensible of cold. Mrs. Cator and
Mrs. Baynes beg to be most kindly remembered to you. General
Bowes accompanied Kempt to Portugal in the end of December.

_Colonel Baynes to Major-General Brock._

QUEBEC, April 2, 1812.

Many thanks for the very kind and friendly note which
accompanied your letter of the 9th ultimo, and I beg you to
rest assured, that I am very sensible of your friendly
disposition towards me, and feel particularly grateful and
flattered by the kind manner in which you have the goodness to
express it.

The American papers, under the head of English news, as late
as the 20th January, give a circumstantial account of the
death of Sir James Craig, on Sunday, the 12th, at his house in
Charlotte Street. There are too many circumstances
corroborating an event which was so greatly to be apprehended,
to leave a shadow of doubt of the severe loss that all, who
were favored with his friendship, have sustained. To me, from
my earliest youth, he has been the best and kindest friend, a
steady and powerful patron; for few sons ever experienced more
truly paternal care and affectionate regard from the best of
fathers, than I have received at the hands of that best of
men. The grief that I cannot suppress is a selfish tribute to
my own irreparable loss: his release from a state of cruel,
lingering suffering, which, as I had so long witnessed, he
bore with a degree of fortitude and patient resignation
unparalleled, could have been no cause of regret to him, and
therefore ought not to be so to those who most sincerely loved
him; but I have so long been accustomed to cherish the
grateful and affectionate sentiments of a highly favored son
to the best of parents, that however I might have been
prepared for this inevitable shock, I still feel that there
are affections so rooted in our hearts, that this world's
changes can never efface the impression. His memory will long
be remembered with admiration by all who knew his merit. As a
soldier he had few equals, and no knight had a fairer claim to
the proud title of _sans peur et sans reproche_; while the
widow, the orphan, and every distressed object that claimed
his aid, will testify the generous heart that once animated
that good and honorable man.

The ladies of this house always beg to be remembered to you,
with the sincerest good wishes for your health and happiness.
Mrs. Baynes has been plotting with Mrs. Colonel Robertson to
elope and pay you a visit, pressing Heriot[47] into their
service as their knight errant.

_Major-General Brock to Lieut.-Colonel Nichol, Commanding 2d Regiment Norfolk Militia._

YORK, April 8, 1812.

The power which is vested in the person administering the
government, by the amended act of the militia, passed the last
session of the provincial parliament, of forming two flank
companies, to be taken indiscriminately from the battalions,
being limited to the end of the ensuing session, would almost
deter me from incurring public expense upon a system which
will cease to operate before its utility and efficacy can well
be ascertained.

But being anxious at this important crisis to organize an
armed force with a view of meeting future exigencies, and to
demonstrate by practical experience the degree of facility
with which the militia may be trained for service, I have to
request you to adopt immediate measures for forming and
completing, from among such men as voluntarily offer to serve,
two companies, not to exceed one captain, two subalterns, two
sergeants, one drummer, and thirty-five rank and file each, in
the regiment under your command.

You will have the goodness to recommend two captains, whom
you conceive the best qualified to undertake this important
duty; the nominating of the subalterns is left to your
discretion.

Such other regiments as are conveniently situated to receive
military instruction, shall have an opportunity afforded them
of shewing their ardour in the public service, which cannot
fail of creating a laudable emulation among the different
corps.

Assisted by your zeal, prudence, and intelligence, I entertain
the pleasing hope of meeting with very considerable success,
and of being able to establish the sound policy of rendering
permanent to the end of the present war, a mode of military
instruction little burdensome to individuals, and every way
calculated to secure a powerful internal defence against
hostile aggression.

Printed rules and regulations, for your future guidance, are
herewith forwarded: the most simple, and at the same time the
most useful, movements have been selected for the practice of
the militia.

Experience has shewn the absolute necessity of adopting every
possible precaution to preserve in a proper state the arms
issued to the militia, and of guarding against the heavy
defalcations which have heretofore occurred.

You will make applications to the officers commanding at Fort
Erie for the number of arms and accoutrements wanting to
complete the men actually engaged to serve in the flank
companies; and that officer will be instructed to comply with
your requisition, upon your transmitting to him duplicate
receipts, one of which is to be forwarded to head quarters,
that you may become responsible for the articles delivered to
your order: at the same time, the most liberal construction
will be given to any representation accounting for such
contingencies as are incidental to the service.

[The remaining details in this letter are omitted here.]

_Sir James Saumarez, Bart.[48] to Major-General Brock._

SPITHEAD, April 14, 1812.

Lieutenant Le Couteur[49] being ordered to join his regiment
in Canada, permit me to recommend him to your kind notice: he
is a promising young officer, and being connected with our
family, makes me interested for his welfare. I congratulate
you upon your present distinguished appointment. A few weeks
previous to my leaving town, I was informed by Lord Liverpool
that Governor Gore had leave of absence, but that if he did
not return to his command, he would be happy in taking your
services into consideration. From what his lordship was
pleased to add, I have no doubt of your succeeding to the
government, in the event of Governor Gore obtaining any other
situation.

I am on the point of returning to the Baltic, where there
appears a strong disposition on the part of Russia and some
of the other powers to resist the aggressions of Bonaparte,--I
trust with well-founded hopes of ultimate success.

_Major-General Le Couteur to Major-General Brock._

LISBON, April 16, 1812.

I am here in consequence of a mistake in orders sent to me by
Lord Palmerston, to join the army in Portugal, when his
lordship meant Jamaica. On my arrival at Lisbon I found out
the mistake, and I hope in a few days to sail for my real
destination.

My son, whom you perhaps will remember an infant when you were
in Jersey, will have the pleasure to deliver you this letter,
if the 104th regiment be in your neighbourhood. He is only
seventeen years old; very young to be sent loose on the wide
world. Allow me to recommend him to your kindness and friendly
protection; and should he be quartered at some distance from
you, permit me to request you will be so good as to introduce
him to some steady officer, or to such of your friends as
might be in his neighbourhood. I shall hope to have him soon
as my aide-de-camp.

_Sir John Dumaresq, Kt., Lieut.-Bailiff of Jersey, to Major-General Brock_.

JERSEY, April 20, 1812.

I hope you will pardon the liberty I take of giving a letter
of introduction to you to my grandson, Lieut. John Le Couteur,
of the 104th, son of Major-General Le Couteur, who is on his
departure for Quebec with recruits. His father, who is now in
Portugal, had some hopes his son might have been allowed to be
on his staff; but it seems that could not take place until he
has served a certain time in the regiment. He is a young man
(not yet eighteen) of an excellent disposition, educated at
Marlow, where he has given the most pleasing testimonies of
early professional abilities and attention to his duty. I
shall esteem, it a great favor, as well as his father, for any
mark of attention or notice which you may have it in your
power to shew him whilst under your command.

_Major-General Brock to Sir George Prevost_.

YORK, April 22, 1812.

I had the honor yesterday to receive your excellency's letter,
dated the 21st ultimo, and I entreat you to believe that no
act within my control shall afford the government of the
United States a legitimate pretext to add to a clamour which
has been so artfully raised against England.

We have received the account of the renewal of the embargo,
and that the most rigorous measures have already been adopted
to prevent the least infringement of it upon the Niagara
river. Armed men, in coloured clothes, are continually
patroling along the shore. These troops are stated to have
recently arrived, but I have not been able to ascertain
whether they belong to the new levy or to the militia. They
are reported to amount to about 300. Colonel Proctor has
doubtless written fully on the subject, but unfortunately the
letters, by some negligence, were left at Niagara. The
accounts which have reached me are not therefore so
satisfactory as could be wished. An idle boy is stated to have
wantonly fired with ball at the guard opposite Queenstown, and
it appears that the Americans were guilty of a similar outrage
by firing during the night into a room in which a woman was
sitting. Luckily no mischief followed. Being detained here
upon civil business, I have sent Captain Glegg over to see how
matters stand, and to arrange with both civil and military the
best means of preventing a recurrence of a practice which may
easily lead to serious consequences. I hope to be at Niagara
myself the day after to-morrow.

I beg leave to assure your excellency, that I receive with no
small degree of pride the praise bestowed on my endeavours to
improve the militia system of this province; and as the bill
underwent some alterations after the departure of Colonel
M'Donnell, particularly in limiting its operation to the end
of the ensuing session, I shall have the honor to forward for
your excellency's information the law as now enforced. I have,
by partial and gentle means, already commenced to give it
operation, and I make not the least doubt that a sufficient
number will be found ready to volunteer to complete the flank
companies; and I here beg leave to call your excellency's
attention to the clause which authorizes the training of the
flank companies six times in each month; but as no provision
is made for remunerating the men, I presume to submit for your
excellency's indulgent consideration, that the commissaries be
instructed to issue rations for the number actually present at
exercise. These companies I expect will be composed of the
best description of inhabitants, who in most cases will have
to go a great distance to attend parade; and, unless this
liberal provision be allowed, will be liable to heavy expense,
or be subject to considerable privations. According to my
present arrangements, the number embodied will not exceed 700,
and when the companies are completed throughout the province,
they must be calculated at 1,800; and, as during harvest and
the winter months few or no parades will take place, the total
expense attending the measure can be of no material
consequence in a pecuniary point of view, and may in a
political light be productive, at this juncture, of
considerable benefit.

I have likewise to request that such portion of clothing as
your excellency can conveniently spare from the king's stores,
may be forwarded, to enable me to clothe such companies as are
the most likely to be called upon duty.

I am anxious to hear the real object of the embargo; should it
be directed solely against England, the probability is that it
leads to a war; but should France be included in its
operation, nothing of the kind need be dreaded.

In the expectation of having the honor of seeing your
excellency shortly at York, I limit, for the present, the
works of the military artificers at this place, to preparing a
temporary magazine for the reception of the spare powder at
Fort George and Kingston, and the excavation of the ditch for
the proposed fortifications of the spot on which the
government house stands.

I transmit, for your excellency's perusal, a detailed account
of the transactions which led to the unjustifiable censure
passed by the house of assembly upon Chief Justice Scott. It
is written by Mr. Nichol himself; and the warmth with which he
has expressed his indignation at the wanton exercise of a
power yet undefined, as far as regards this province, is not
therefore surprising. I am convinced that whenever the
business is brought legally before the judges, they will
refuse to sanction the enormous power, under the name of
privilege, which the house arrogates to itself. The executive
will in that case be placed in a very awkward predicament: Mr.
Nichol having commenced civil actions against the speaker and
sergeant at arms for false imprisonment, will, should he
succeed in obtaining damages, bring the question with double
force on the _tapis_. The violence and ignorance which, in all
probability, will mark the proceedings of the house, cannot
fail of producing a dissolution. I apply forcibly to ministers
for instructions, but should they be contrary to the opinion
which the judges of the court of king's bench have formed of
the law, I am led to believe they will not influence the
members; therefore, one of two alternatives must be resorted
to, either the appointment of more docile judges, or the
decision of the question by a British act of parliament. I
trust, for the tranquillity and prosperity of the province,
that the latter mode may be preferred. I have thus freely, and
perhaps with rather too much haste to be sufficiently
explicit, stated the difficulties which in all likelihood I
shall have to encounter at the next meeting of the
legislature.

Should the effect of the embargo appear to be directed solely
at Great Britain, I shall avail myself of the confidence
placed in me, and order the purchase of horses, to enable the
car brigade to act in case of necessity. This, being a service
which requires infinite trouble and practice to bring to any
degree of perfection, cannot be too soon attended to.

_Sir George Prevost to Major-General Brock_.

QUEBEC, April 30, 1812.

I have just heard from Mr. Foster that the secretary at war,
at Washington, has transmitted orders to Governor Tompkins, of
New York, to send 500 of the state militia to Niagara, 500 to
the mouth of the Black River, opposite to Kingston, and 600 to
Champlain, in consequence of the hostile appearances in
Canada. Mr. Foster is of opinion the government of the United
States calculates that something will happen on the part of
these men to produce a quarrel with the British troops, which
may lead to retaliation on both sides, and occasion
hostilities to commence, as in this way alone, it seems
thought, an unjust war can be forced on the American people,
who are represented as really averse to it. We must,
therefore, use every effort in our power to prevent any
collision from taking place between our forces and the
American.

I have also received information that the American garrison at
Fort Chicago, not exceeding 60 men, has been ordered to
Detroit, in consequence of apprehensions from the Indians.

_Colonel Baynes to Major-General Brock_.

QUEBEC, May 14, 1812.

I have great satisfaction in telling you that I have reported
the Glengary light infantry more than complete to the
establishment of 400 rank and file, and have received Sir
George Prevost's commands to recruit for a higher
establishment; indeed, the quotas the officers have engaged to
fulfil will nearly amount to double that number; and from the
very great success that has attended our exertions, I have no
doubt of succeeding by the end of this year. Two officers have
divided Nova Scotia and New Brunswick for their hunting
ground, and are permitted to recruit Acadians; and Lieutenant
Ronald M'Donnell, of the Canadians, proceeds in a few days to
Pictou and the highland settlements on the coast and gulf: he
is an officer that appears to be eminently qualified for that
service, and he is sanguine that the proffer of lands in the
Scotch settlements of Upper Canada will induce great numbers
to enter. I am assured from various channels that the men I
have got are generally young, rather too much so, and of a
good description, there being very few Yankees amongst them.

I have long letters from my friends at home, giving me a
detailed account of the death of my excellent and best of
friends: the duke of York sat by his bedside for half an hour
the day before he died, and, Somerville says, was extremely
affected. Sir James, (Craig,) on the contrary, rallied from
the pleasure he experienced from this condescending kindness.
Sir James had a codicil written fair for his signature, the
chief object of which was to add a legacy for a female cousin
whom he did not know to be in existence, and to direct the
sale of the priory and freehold, which cost 12,000 guineas, to
enable the payment of the legacies: this instrument, not
having been executed, will lead to what he most deprecated and
wished to avoid, a lawsuit. The heirs at law will possess the
freehold; and Wilkie, who, besides £6,000, is left the two
houses in London, furniture, &c, as residuary legatee, will be
stripped of the whole that is not given by special bequest, to
make up the legacies: he will however, I believe, have at
least £10,000 left--very ample payment for his services.

Sir George has announced his intention of recommending
Battersby to be lieutenant-colonel of the Glengary corps, and
ordered him to take the command of the recruits assembled at
Three Rivers. Your major of brigade[50] will be recommended to
succeed to his majority in the king's regiment.

_Major-Gencral Brock to Sir George Prevost_.

YORK, May 16, 1812.

I have this day been honored with your excellency's
confidential communication, dated the 30th ultimo.

I have long since thought that nothing but the public voice
restrained the United States government from commencing direct
hostilities; and it is but reasonable to expect that they will
seek every opportunity to influence the minds of the people
against England, in order to bring them the more readily into
their measures. It will be my study to guard against every
event that can give them any just cause of complaint; but the
proximity of the two countries will in all probability produce
collisions which, however accidentally brought about, will be
represented as so many acts of aggression. It would not
surprise me if their first attempt to excite irritation were
the seizing of the islands in the channel, to which both
countries lay claim: such was represented to Sir James Craig
on a former occasion to be their intention.

In addition to the force specified by your excellency, I
understand that six companies of the Ohio militia are intended
for Detroit. Our interests with the Indians will materially
suffer in consequence of these extensive preparations being
allowed to proceed with impunity. I have always considered
that the reduction of Detroit would be a signal for a cordial
co-operation on the part of the Indians; and if we be not in
sufficient force to effect this object, no reliance ought to
be placed in them.

About forty regulars were last week added to the garrison of
Niagara, and by all accounts barracks are to be immediately
constructed at Black Rock, almost opposite Fort Erie, for a
large force.

I returned three days ago from an excursion to Fort Erie--the
Grand River, where the Indians of the Six Nations are
settled--and back by the head of the lake. Every gentleman,
with whom I had an opportunity of conversing, assured me that
an exceedingly good disposition prevailed among the people.
The flank companies, in the districts in which they have been
established, were instantly completed with volunteers, and
indeed an almost unanimous disposition to serve is daily
manifested. I shall proceed to extend this system now I have
ascertained that the people are so well disposed--but my means
are very limited.

I propose detaching 100 rank and file of the 41st regiment to
Amherstburg, almost immediately.

_Colonel Baynes to Major-General Brock_.

QUEBEC, May 21, 1812.

Sir George has allowed me to make the following extracts from
a dispatch of Mr. Foster's, dated the 28th April, which I do
in the minister's own words: "The American government affect
now to have taken every step incumbent on the executive as
preparatory to war, and leave the ultimate decision to
congress, as vested by the constitution in that body, which is
fluctuating as the sea: there is a great party in the house of
representatives for war, composed principally of the western
and southern states--members who have little to lose, and may
gain, while the northern and eastern states are vehement
against it. The embargo seems to have been resolved upon,
because at the moment they did not know what else to do. The
cabinet wished only sixty days--the senate made it ninety. Our
government leaves no room to expect a repeal of the order in
council, yet they wait for the return of the Hornet. Something
decisive must then be known; perhaps when they become
completely convinced of Bonaparte's playing upon them, it will
end in declaring against France. The question of adjournment
was lost, notwithstanding there was an absolute majority known
a few minutes before in its favor. The ruling party are split
into many; the old revolutionists, jealous of younger men
taking a lead. The army cannot, I conceive, soon be filled
up--they get few recruits."

You will have heard, long ere you receive this, that the 49th
regiment is ordered home; the 41st are by the same authority
to return to Europe, but Sir George will not, under existing
circumstances, attempt to relieve the posts in Upper Canada,
so that there will be no immediate change in your quarter. Sir
George regrets that he has not field officers of the
description you require to command at Kingston and
Amherstburg. The only prospect of relief in that respect which
he has in view, is from the arrival of the absent inspecting
field officers.

The arrangement you propose respecting the unfortunate
delinquents of the 41st regiment, will perfectly meet the
approbation of Sir George, who approved of your not forwarding
the resignation of the younger members, or indeed of any, if
they are worthy of consideration.

Kempt has brought his name into notice in the assault of La
Picurina, an outwork at Badajoz, where he commanded, being on
duty in the trenches. The Glengary levy goes on swimmingly.

_Sir George Prevost to Major-General Brock_.

QUEBEC, May 27, 1812.

I was much pleased to find, by your letter of the 22d ultimo,
you had taken precautions to prevent any act occurring within
your control that should afford the government of the United
States a legitimate pretext to add to the clamour artfully
raised by it against England.

The circumstance which happened to the guard stationed
opposite to Queenstown, arrived here much exaggerated. Your
account of it silenced the idle reports in circulation.

I agree with you in deploring the limitation, until the end of
the ensuing session, in the operation of the militia act for
Upper Canada; but as in the event of hostilities it might not
be possible to convene the legislature, then the bill would in
all probability continue in force during the war, provided you
were not induced to make an exertion for a more perfect law.

Colonel Baynes having informed me he had an opportunity of
communicating with you more expeditiously than by post, I
desired him to make you acquainted with the peaceful
intelligence I had just received from Mr. Foster; but although
it comes with a good deal of reservation, still it warrants me
in recommending the most rigid economy in carrying on the
king's service, and in avoiding all expense that has not
become absolutely necessary, as it is with the utmost
difficulty money can be raised for the ordinary service.

I am apprehensive that I cannot look forward to the pleasure
of seeing you before the end of August, as my presence in the
province is become indispensably necessary during the first
operation of the new militia law.

Many thanks for the particulars of the transaction which led
to the censure passed by the house of assembly on Chief
Justice Scott.

FOOTNOTES:

[Footnote 43: He died at Mount Vernon, on the 14th December, 1799, in the sixty-eighth year of his age, leaving a widow but no issue.]

[Footnote 44: Pictorial History of England.]

[Footnote 45: This and a few of the subsequent letters from Colonel Baynes are partly in cipher of figures, but of course we have not the key.]

[Footnote 46: The present Lieut.-General Ellice, colonel of the 24th regiment of foot. He is the officer mentioned at page 97, but was deputy adjutant-general in Canada, and not inspecting field officer of militia as we supposed.]

[Footnote 47: The late Major-General Heriot, C.B., then Captain Heriot, of the 49th.]

[Footnote 48: The late Admiral Lord de Saumarez, G.C.B., &c.]

[Footnote 49: The present Colonel Le Couteur, Militia Aide-de-Camp to the Queen, in Jersey. In the _United Service Journal_ for October, 1831, Colonel Le Couteur has described the winter march of the 104th regiment, early in 1813, from New Brunswick to Canada.]

[Footnote 50: The present Major-General Thomas Evans, C.B., then a captain of the 8th foot.]