Chapter III (2)

The action between the _Constitution_ and the _Guerrière_ occurred after this event, the result of which has been already stated, somewhat out of place, it is true, but, with the design of exhibiting how a peace might have been effected, had it been desired by the Americans, without loss of honor on either side. The simultaneousness of the advantages gained by the British on the land, and of the advantages gained by the Americans on the sea, is not a little remarkable, nor is it less remarkable that after the tide of battle had slightly turned with the British on land, towards the close of the war, the naval actions at sea were nearly all to the disadvantage of the Americans. It would seem that providence had designed to humble the pride of the unnatural combatants.

About the exact time of the surrender of General Wadsworth, at Queenston, an engagement occurred between the English sloop of war _Frolic_, and the American brig of war _Wasp_, which proved disastrous to the former. As far as the number of guns went, both vessels were equal. Each had eighteen guns, nine to a broadside, but while the sloop had only 92 men and measured only 384 tons, the brig had 135 men and measured 434 tons. The _Frolic_, on the night of the 17th of October, had been overtaken by a most violent gale of wind, in which she carried away her mainyard, lost her topsails, and sprung her maintopmast. It was, while repairing damages, on the morning of the 18th, that Captain Whinyates, of the _Frolic_, was made aware of the presence of a suspicious looking vessel, in chase of the convoy, which the _Frolic_ had in charge. The merchant ships continued their voyage with all sails set, and the _Frolic_, dropping astern, hoisted Spanish colours to decoy the stranger under her guns and give time for the convoy to escape. The vessels soon approached sufficiently to exchange broadsides, and the firing of the _Frolic_ was admirable. But the vessel could not be worked easily, and the gaff braces being shot away, while no sail could be or was placed upon the mainmast, her opponent easily got the advantage of position. To be brief, the storm of the night before had given the _Wasp_ an advantage which, neither nautical skill, nor undaunted resolution could counteract, and the _Frolic_, an unmanageable log upon the ocean, was compelled to strike. Undoubtedly this was another triumph to the United States, although, materially considered, the gain was not much. In only a few hours after this action, both the _Wasp_ and the _Frolic_ were surrendered to H.M.S. _Poictiers_, of seventy-four guns.

Seven days afterwards, another naval engagement occurred, more tellingly disastrous to Great Britain. The _United States_, a frigate of fifteen hundred tons burthen, carrying 30 long 24-pounders, on her main deck, and 22 42-pounders, with two long 24-pounders, on quarter deck and forecastle, howitzer guns in her tops, and a travelling carronade on her deck, with a complement of 478 picked men,[19] was perceived by H.M. frigate _Macedonian_, of 1081 tons, carrying 49 guns, and manned by 254 men and 35 boys. The _Macedonian_ approached the enemy and the enemy backed her sails, awaiting the attack, after the firing had continued for about an hour, at long range. When in close battle, Captain Carden perceived that he had no chance of success, but he was determined to fight his ship while she floated and was manageable, hoping for, rather than expecting, some lucky hit, which would so cripple the enemy as to permit the _Macedonian_, if no more could be done, to bear off with honor. But the fortune of war was adverse. Every shot told with deadly and destructive effect upon the _Macedonian_, and even yet, with nearly a hundred shots in her hull, her lower guns under water, in a tempestuous sea, and a third of her crew either killed or wounded, Captain Carden fought his ship. To "conquer or die," was his motto, and the motto of a brave crew, some of whom even stood on deck, after having paid a visit to the cockpit, and submitted to the amputation of an arm, grinning defiance, and anxious to be permitted the chance of boarding with their fellows, when Captain Carden called up his boarders as a _dernier resort_. But boarding was rendered impossible, as the fore brace was shot away, and the yard swinging round, the vessel was thrown upon the wind. The _United States_ made sail ahead and the crew of the _Macedonian_ fancying that she was taking her leave cheered lustily. They were not long deceived. Having refilled her cartridges, the _United States_, at a convenient distance, stood across the bows of her disabled antagonist, and soon compelled her to strike. While the _Macedonian_ had thirty-six killed and sixty-eight wounded, the _United States_ had only five killed and seven _hors de combat_.

It was such advantages as these that induced the Americans to continue the war. The Americans were inflated with pride. In their own estimation they had become a first rate maritime power, and even in the eyes of Europe, it seemed that they were destined to become so. The disparity in force was justly less considered than the result. However bravely the British commanders had fought their ships, the disasters were no less distressing, politically considered, than if they had been the result of positive weakness or of lamentable cowardice. These advantages even compensated in glory to the Northeastern States for the losses which their commerce had sustained, and would, had they continued very much longer, have stimulated them to forget their selfishness, their bankruptcies, and their privations, though perhaps they tended on the other hand, to cause less vigorous efforts to be made for the acquisition of Canada, than otherwise would have been the case, by rivetting the public attention of America more on the successful operations by sea than on their own disastrous operations by land. There was yet another disaster to overtake Great Britain. And it was little wonder. The Lords of the Admiralty, wedded to old notions, unlike the Heads of the Naval Department of the United States, were slow to alter the build or armament of the national ships. They seemed to think that success must ultimately be dependent upon pluck, and that there could be again few instances in which a sloop could be so disabled by a storm as to be unable to cope with a brig, better manned, better armed, and in good sailing trim. They continued to send slow-sailing brigs and ill-armed sloops-of-war, for the protection of large fleets of merchantmen, with valuable cargoes, while the frigates of the enemy, in search of them, whether in the calm or in the storm, were faster than British seventy-fours, and were equal to British ships of the line in armament. It was after the loss of the _Macedonian_ that the British Admiralty commissioned and sent to sea the frigate _Java_, of the same tonnage, with the same deficiency of men, and, worse than all, half of whom were landsmen, and of exactly the same armament as the _Macedonian_, only that her weight of metal was less, to cope with such frigates as the _United States_, the _President_, and the _Constitution_. On the 12th of November, the _Java_ sailed from Spithead, the remonstrances of Captain Lambert against the inadequacy and inexperience of his crew being of no avail with the authorities. He was told, when he insisted that he was no match for an American, even of equal size, that "a voyage to the East Indies and back would make a good crew." The difficulties in the way of getting to the East Indies, to say nothing of coming back again, never entered into the heads of men, who had long been laid up in ordinary, and were dry-rotting to decay. These were the men who sent the water casks to contain the fresh water of His Majesty's vessels afloat on our fresh water lakes. Then, as now, were the wrong men in the wrong places. Men, who should have been in Greenwich Hospital, talking of times gone by, or living in dignified retirement, were entrusted with the management of affairs in a new age, the country rather losing than gaining by their individual experiences. And the British public stung to the quick, were aware of it. The correctness of Captain Lambert's judgment was too soon brought to the test. The _Java_ fell in with the _Constitution_ on the 28th of December, when the latter stood off as the former approached, to gain a first advantage by firing at long range. But as the _Java_ was fast gaining upon her, the _Constitution_ made a virtue of necessity, and shortened sail, placing herself under the lee bow of the _Java_, so that in close action, the crew of the _Constitution_ might fight like men behind a rampart, while the crew of the _Java_ stood at their guns _en barbette_. The action immediately commenced, and the effect of the _Java's_ first broadside, on the enemy's hull, was such that the American wore to get away. Captain Lambert also wore his ship, and a running fight was kept up with great spirit for forty minutes. The _Java_ had, as yet, suffered little, but the vessels coming within pistol shot, a determined action ensued. Captain Lambert had resolved upon boarding his enemy, if it were possible in any measure to effect it. With that view he was closing upon his antagonist, when the foremast of the _Java_ fell suddenly and with a crash so tremendous as to break in the forecastle and cover the deck with the wreck. Only a moment later and the main topmast also fell upon the deck, while Captain Lambert lay weltering in his blood, mortally wounded. Lieutenant Chads, on whom the command now devolved, found the _Java_ perfectly unmanageable. The wreck of the masts hung over the side, next to the enemy, and every discharge of the _Java's_ own guns set her on fire. Yet, Lieutenant Chads continued the action for three hours and a half, until the _Java_ was felt to be going down. It was then that the _Constitution_ assumed a raking position, and it was then only that Lieutenant Chads struck. The _Java_ was no prize to the victors of great value, for her crew were no sooner taken out than the American commander blew her up. In this desperate engagement the _Java_ had twenty-two killed and one hundred and two wounded; the _Constitution_ had ten killed and forty wounded. Captain Lambert's worst fears had been realised, and the death of that gallant and skilful sailor aroused a tongue which, in Great Britain, has a potency and influence, such as official insolence cannot withstand, nor official incapacity escape from. The spirit of the "Times" was up. The voice of the many loudly condemned the incompetency of the few. The conduct of the war had now become a matter of moment, and reforms, in the marine department at least, were imperative.

[19] Captain Carden's despatch to Mr. Croker.

By the fall of Gen'l. Brocke, the civil governorship of the Upper province devolved upon Major Gen'l. Roger Sheaffe, the senior military officer there, and to him, Gen'l. Smyth, the new American commander at Niagara, applied for an armistice, which was granted, and which lasted from the battle of Queenston until the 20th of November. Nothing could have been more silly than this consent to an armistice on the part of a general so very fortunate as General Sheaffe had been. He needed no rest. He could gain nothing by inactivity. Delay necessary to the enemy was of course injurious to him. Without any molestation whatever the Americans were enabled to forward their naval stores from Black Rock to Presque Isle, by water, which, had hostilities been active, would have been impossible. This truce, not to bury the dead, or preparatory to submission, was obtained with the view of gaining time, so that a fleet might be equipped to co-operate with the army, by wresting from the British their previous superiority on the lakes. General Smyth had, with the true trickery of the diplomatist, rather than with the blunt honesty of the soldier, exerted himself during the armistice, in the preparation of boats for another attempt to invade Upper Canada. Alexander Smyth, Brigadier-General, in command of the American army of the centre, though a rogue, in a diplomatic point of view, was not necessarily a fool. He had shrewd notions in a small way. Like a true downeast Yankee, he knew the effect of soft sawder upon human nature. Like the unfortunate Hull, before taking possession of a territory so extensive as Upper Canada, he thought it necessary to assure the stranger that he was, on submitting to be conquered, to become "a fellow citizen." He proclaimed this interesting fact to his own companions in arms. If the stranger citizens behaved peaceably, they were to be secure in their persons, as a matter of course, but only in their properties so far as Alexander's imperious necessities would admit, and how far that would have been, time was to unfold. He strictly forbade private plundering, but whatever was "booty," according to the usages of war--"booty and beauty," doubtless combined,--Alexander's soldiery were to have. Appealing to the trader-instincts of his hordes, he offered two hundred dollars a head for artillery horses, of the enemy, and forty dollars for the arms and spoils of each savage warrior, who should be killed, and every man, who should shrink, in the moment of trial, was to be consigned to "eternal infamy." The watchword of the "patriots," was to be "the cannon lost at Detroit or death."

During the truce, in Upper Canada, there was some skirmishing in Lower Canada. At St. Régis, four hundred Americans surprised the Indian village. Twenty-three men were made prisoners, and Lieutenant Rolette, with Serjeant McGillivray, and six men were slain. But to counterbalance this affair, a month later, some detachments of the 49th regiment, a few artillery, and seventy militiamen from Cornwall and Glengary, surrounded a block house at the Salmon River, and made prisoners of a Captain, two subalterns and forty men; four batteaux and fifty-seven stand of arms, falling also into the hands of the captors.

In no way discouraged, however much they may have been irritated by these repeated failures, which had not even the excuse of inferiority in numbers, or in any want of the materials of war, if the want of vessels on the lake be not considered, the American government energetically exerted itself to augment their naval forces on the lakes and to reinforce General Dearborn. Indeed, that officer was now at the head of ten thousand men, at Plattsburgh, and the American fleet on Lake Ontario was already so much superior to that of the British, as to make it necessary for the latter to remain inactive in harbour. The British ship _Royal George_, was actually chased into Kingston channel, and was there cannonaded for some time. It was only when the American fleet came within range of the Kingston forts that they hauled off to Four Mile Point, and anchored, the commander taking time to reflect upon the expediency of bombarding Kingston. Next morning, having come to an opposite conclusion, he stood out with his fleet into the open lake and fell in with the _Governor Simcoe_. A chase was commenced, and the _Governor Simcoe_ narrowly escaped by running over a reef of rocks, and making for Kingston, which, like the _Royal George_, she reached more hotly pursued than she had bargained for. It was late in the season, and the weather becoming more and more boisterous, the Americans bore away for Sackett's Harbour, in making for which they captured two British schooners, taking from one of them, Captain Brocke, the paymaster of the 49th regiment of the line, who had with him the plate which had belonged to his gallant deceased brother, the late Governor of Upper Canada. But the American Commodore Chancey, generously paroled him, and suffered him to retain the plate.

Unable to remain longer inactive, General Dearborn, in command of the American army of the north, approached Lower Canada. On the 17th of November, Major DeSalaberry, commanding the Canadian Cordon and advanced posts, on the line, received intelligence of Lieutenant Phillips, that the enemy, ten thousand strong, were rapidly advancing upon Odelltown. There was no time to be lost and he set about strengthening his position as speedily as he could. Two companies of Canadian Voltigeurs, three hundred Indians, and a few militia volunteers were obtained from the neighboring parishes, and there was every disposition manifested to give the intruders a warm reception. The enemy, however, halted at the town of Champlain, and nothing of moment occurred until the 20th of November, when the Captain of the day, or rather of the night, as it was only three in the morning, noticed the enemy fording the river Lacolle. Retracing his steps, he had only time to warn the piquet of their danger, when a volley was fired by the Americans, who had surrounded the log guard-house, at so inconsiderable a distance that the burning wads set fire to the birch covering of the roof, until the guard-house was consumed. But long before that happened, the militia and Indians had discharged their guns, and dashed through the enemy's ranks. It was dark, and the position which the Americans had taken, with the view of surrounding the guard-house, contributed somewhat to their own destruction. In a circle, face to face, they mistook each other in the darkness, and fought gallantly and with undoubted obstinacy. Neither side of the circle seemed willing to yield. For half an hour a brisk fire was kept up, men fell, and groaned, and died; and the consequences might have been yet more dreadful had not the moon, hidden until now by clouds, revealed herself to the astonished combatants. The victors and the vanquished returned together to Champlain, leaving behind four killed and five wounded. From the wounded prisoners, whom, with the dead, the Indians picked off the battle field, it was learned that the unsuccessful invaders consisted of fourteen hundred men and a troop of dragoons, commanded by Colonels Pyke and Clarke.

Unfortunate to the Americans as this night attack had been, it was sufficient to lead the Governor General of Canada to the conclusion that it would not be the last. Nay, he was persuaded that a most vigorous attempt at invasion would be made, and having no Parliament to consult, nor any public opinion to fear, he turned out the whole militia of the province for active service, and ordered them to be in readiness to march to the frontier. Lieutenant-Colonel Deschambault was directed to cross the St. Lawrence at Lachine, and from Caughnawaga, to march to the Pointe Claire, Rivière-du-Chène, Vaudreuil, and Longue Pointe. Battalions upon L'Acadie, and volunteers from the foot battalions, with the flank companies of the second and third battalions of the Montreal militia, and a troop of militia dragoons, crossed to Longueil and to Laprairie. Indeed the whole district of Montreal, armed to the teeth, and filled with enthusiasm, simultaneously moved in the direction from whence danger was expected. General Dearborn quietly retreated upon Plattsburgh and Burlington, and, like a sensible man, as he undoubtedly was, abandoned for the winter, all idea of taking possession of Lower Canada.

On the 28th of November, the armistice being at end, General Smyth invaded Upper Canada, at the foot of Lake Erie. With a division of fourteen boats, each containing thirty men, a landing was effected between Fort Erie and Chippewa, not however unopposed. Lieutenant King, of the Royal Artillery, and Lieutenants Lamont and Bartley, each in command of thirty men of the gallant 49th, gave the enemy a reception more warm than welcome. Overwhelmed, however, by numbers, the artillery and the detachment of the 49th, under Lamont gave way, when Lieutenant King had succeeded in spiking his guns. Lamont and King were both wounded, and with thirty men, were overtaken by the enemy and made prisoners. Bartley fought steadily and fiercely. His gallant band was reduced to seventeen, before he even thought of a retreat, which his gallantry and tact enabled him to effect. The American boats had, while Bartley was keeping up the fight, returned to the American shore with the prisoners, and as many Americans as could crowd into them, leaving Captain King, General Smyth's aid-de-camp, to find his way back, as best he might. He moved down the river shore with a few officers and forty men, followed, from Fort Erie, by Major Ormsby, who made them all prisoners with exceedingly little trouble. Unconscious of any disaster, another division of Americans, in eighteen boats, made for the Canada shore. Colonel Bishop had now arrived from Chippewa, and had formed a junction with Major Ormsby, the Commandant of Fort Erie, and with Colonel Clarke and Major Hall, of the militia. There were collected together, under this excellent officer, about eleven hundred men, taking into account detachments of the 41st, 49th, and Royal Newfoundland regiments, and in addition, some Indians. The near approach of the Americans was calmly waited for. A cheer at last burst from the British ranks and a steady and deadly fire of artillery and musketry was opened upon the enemy. The six-pounder, in charge of Captain Kirby, of the Royal Artillery, destroyed two of the boats. The enemy were thrown into confusion, and retired.

General Smyth again tried the effect of diplomacy upon the stubborn British. He displayed his whole force of full six thousand men, upon his own side of the river. Colonel Bishop ordered the guns which had been spiked to be rendered serviceable, and the spikes having been withdrawn, the guns were remounted and about to open fire, with the view of scattering the valiant enemy, when a flag of truce brought a note from General Smyth. It was simply a summons to surrender Fort Erie, with a view of saving the further effusion of blood. He was requested to "come and take it," but did not make another attempt until the 1st of December, when the American troops embarked merely again to disembark and go into winter quarters. Murmur and discontent filled the American camp, disease and death were now so common, and General Smyth's self-confidence was so inconsiderable that the literary hero, who had spoken of the "eternal infamy" that awaits him who "basely shrinks in the moment of trial," literally fled from his own camp, afraid of his own soldiery, who were exasperated at his incapacity. Thus ended the first year of the invasion. The Americans had learned, the not unimportant lesson, that, as a general rule, it is so much more easy successfully to resist aggression, than, as the aggressor, to be successful. The invasion of any country, if only occupied by savages, requires more means than is generally supposed.

Sir George Prevost, somewhat relieved from the anxiety attendant upon anticipated and actual invasions, now summoned his Parliament of Lower Canada, to meet for the despatch of business. He opened the session on the 29th of December, and in his speech from the throne, alluded to the honorable termination of the campaign, without much effusion of blood, any loss of territory, or recourse having been had to martial law. He proudly alluded to the achievements in Upper Canada, and feelingly alluded to the loss sustained by the country, in the death of General Brocke. He spoke of the recent advantages gained over the enemy in both provinces, and recommended fervent acknowledgements to the ruler of the universe, without whose aid the battle is not to the strong nor the race to the swift. And it was not alone for such advantages, great as they were, that the country had to be thankful; the Marquis of Wellington had gained a series of splendid victories in Spain and Portugal. In Spain and Portugal British valour had appeared in its native vigour, encouraging the expectation that these countries would soon be relieved from the miseries which had desolated them. His Royal Highness, the Prince Regent, had directed him to thank the House for their loyalty and attachment. His Royal Highness felt not the slightest apprehension of insidious attacks upon the loyalty of a people who had acted so liberally and loyally as the Canadians had done. Sir George spoke of the beneficial effects arising from the Army Bill Act, and recommended it to their further consideration. The militia had been called out and had given him the cheering satisfaction of having been a witness of a public spiritedness, and of a love of country, religion, and the laws, which elsewhere might have been equalled, but could not be anywhere excelled. He recommended a revision of the militia law and urged upon the legislature the expediency of concluding the public business with dispatch.

Sir George had aroused the better feelings of the country. His words fell gratefully upon the ear. The Canadian people and their representatives felt that they were treated with respect and were proud in the knowledge of deserving it. All that the Assembly wanted was the confidence and affection of their sovereign. No longer treated with suspicion and looked upon with aversion they were ready to sacrifice everything for their country, and the reply of the House of Assembly was an assent to his every wish.

As soon as the House had proceeded to business, Mr. James Stuart, one of the members for Montreal, with the view of embarrassing the government, and with no purpose of creating uneasiness in England, moved for an enquiry into the causes and injurious consequences that might have resulted from the delay incurred in the publication of the laws of the Provincial Parliament, passed in the previous session. His assigned object in making the motion was to palliate the conduct of the Pointe Claire rioters. The motion carried and the Clerks and other officers of the Upper House were summoned to attend at the Bar of the Assembly. The Upper House, seemingly, considered that their officers had equal privileges with themselves, and at first refused to allow these gentlemen to attend, but, seeing the Assembly resolute, and being anxious not to throw any obstacle in the way of the speedy despatch of the public business, they permitted their attendance under protest. The result of the enquiry amounted to nothing, and the House proceeded to other business. The subject of appointing an agent to England was again considered, but postponed until a more suiting time, when the propriety of an income tax was discussed. It was indeed resolved in the Assembly to impose a tax upon persons enjoying salaries from the government, of fifteen per cent upon such as had £1,500 a year, twelve per cent upon such as had £1,000 and upwards, ten per cent upon £500 and upwards, and five per cent upon every £250 and upwards. The bill was, of course, rejected by the Council. The Assembly, however, firmly convinced of the loyalty of the people, were neither to be cajoled nor brow-beaten out of their rights, and they proceeded to other business of a singularly unpleasant character to the higher powers. Mr. Stuart, the leader of the opposition, was a man of extraordinary capacity and of great firmness of purpose. Those who had made Sir James Craig do him an injustice still held their appointments, and he was determined to bring about a change without the slightest regard whatever to the consequences of change. He moved for an enquiry into the power and authority exercised by His Majesty's Courts of Law, with a view to put a stop to such trifling with justice as had been exhibited in the arrest and imprisonment of Mr. Bedard and others. It was asserted by Mr. Stuart that under the name of Rules of Practice, the Chief Justice, in league with the government, had subverted the laws of the province, and had assumed legislative authority, to impose illegal burthens and restraints upon His Majesty's subjects, in the exercise of their legal rights, which were altogether inconsistent with the duties of a Court and subversive of the rights and liberties of the subject. The House granted the enquiry sought for, and proceeded to other business. But it is here worthy of note that Mr. Bedard, who had been so unjustly treated by Sir James Craig, in virtue of these Rules of Practice, had now triumphed over his enemies. He, who only two years back, had been presented, at the instance of the government, by the Grand Juries of Quebec and Montreal, was now seated upon the Bench as Provincial Judge for the District of Three Rivers, and thus, says his secret enemy, Mr. Ryland, is he associated with the Chief Justice of the province, who, in his capacity of Executive Councillor, had concurred in his commitment to the gaol of Quebec, on treasonable practices. It was to secure the independence of the judges by freeing them from executive trammels, that Mr. James Stuart himself, afterwards Chief Justice of the province, and a Baronet of the United Kingdom, moved for an enquiry concerning their Rules of Practice, rules obviously incompatible with the liberty of speech and with the freedom of the press. The enquiry had an excellent indirect effect. It seemed to some extent, to have secured the liberty of the press. From the time, says Mr. Ryland, that the Assembly began its attacks on the Courts of Justice, the licentiousness of a press, (the _Gazette_,) recently established at Montreal, has appeared to have no bounds. Every odium that can be imagined, is attempted in that publication, to be thrown on the memory of the late Governor-in-Chief, on the principal officers of government, and on the Legislative Council. The people's minds are poisoned and the disorganizing party encouraged to proceed. Thus is it led to hope that any future Governor may be deterred from exercising that vigor, which the preservation of His Majesty's government may require. A higher tribute to a free press no man ever paid than that. The hope has been realised, the trials have all been passed through, and persecutions for opinion's sake must now be cloaked, at least, by something more than expediency.

The Assembly next proceeded to the consideration of the expediency of legally enlarging the limits and operation of martial law, as recommended in the speech from the throne, and reported that such enlargement was inexpedient. The House then renewed the Army Bill Act, authorised the sum of five hundred pounds to be put in circulation, and commissioners were appointed to ascertain the current rate of exchange on London, which holders were entitled to recover from government. Fifteen thousand pounds were granted for the equipment of the militia, and £1,000 additional for military hospital. Towards the support of the war £25,000 were granted. £400 were granted for the improvement of the communication between Upper and Lower Canada. A duty of two and a half per cent, for the further support of the war was placed upon all imported merchandize, with the exception of provisions, and two and a half per cent additional on imports by merchants or others not having been six months resident. A motion was made by one of the most independent members of the Assembly, for a committee of the whole, to enquire whether or not it was necessary to adopt an address to the King concerning the impropriety of the judges being members of the Legislative Council. But the motion was not pressed. This gentleman, though very desirous of as much liberty as it was possible to obtain for himself, was not particularly disposed to give an undue share to others. He took umbrage at an article communicated to the _Mercury_, ably written, and perhaps, at the time, strikingly true, relative to the conduct which Mr. Stuart had been and was pursuing, since he had been stript of his official situation by the late Governor. It was hinted that the discontented legislator was actuated in his opposition to the government by no unfriendly feeling to the United States. It was asked if he were not determined to be somebody. He was a man not unlike him who fired the temple of Ephesus. He was sowing seeds of embarrassment and delay, and picking out flaws, with the microscope of a lawyer, in the proceedings of the government. And he was prostituting his talents and perverting his energies. The House resolved that the letter of "Juniolus Canadensis," was a libel, and perhaps it was, but if so, Mr. Stuart had the Courts of Law open to him, and therefore the interference of the House was as silly as it was tyrannical. Mr. Cary, the publisher of the _Mercury_, evaded the Sergeant-at-Arms, and laughed at the silliness of the collective wisdom afterwards. The House was prorogued on the 15th of February. The war had not so far produced any injurious effect on the commerce of the country The revenue was £61,193 currency, and the expenditure, which included the extraordinary amount of £55,000 granted towards the support of the militia, was only £98,777. The arrivals at Quebec numbered 399 vessels of 86,437 tons, and in 1812, twenty vessels were built at the port of Quebec.

The first operations of the next campaign, in 1813, were favorable to the British. On the 22nd of January, a severe action was fought at the River Raisin, about twenty-six miles from Detroit, between a detachment from the north-eastern army of the United States, exceeding seven hundred and fifty men, under General Winchester, and a combined force of eleven hundred British and Indians, under Colonel Proctor. General Harrison, in command of the north western army of the United States, was stationed at Franklintown. Anxious, at any cost, to afford the discontented and sickly troops under him, active employment, he detached General Winchester with his seven or eight hundred, or, as it is even said, a thousand men, to take possession of Frenchtown. This, General Winchester had little difficulty in doing, as he was only opposed by a few militiamen and some Indians, under Major Reynolds. The intelligence of the capture of Frenchtown had, however, no sooner reached Colonel Proctor than he collected his men together and marched with great celerity from Brownston to Stoney Creek. Next morning, at the break of day, he resolutely attacked the enemy's camp and a bloody engagement ensued. General Winchester fell into the hands of the chief of the Wyandot Indians, soon after the action began, and was sent a prisoner to Colonel Proctor. The Americans soon retreated, taking refuge behind houses and fences, and, terribly afraid of the Indians, determinedly resisted. The Americans blazed away; every fence and window of the village vomited a flame of fire; but the British, with their auxiliary Indians, were still driving in the enemy, and about to set the houses on fire, when the captured General Winchester, stipulated for a surrender. On condition of being protected from the Indians, he assured Colonel Proctor that the Americans would yield, and this assurance being given, General Winchester caused a flag of truce to be sent to his men, calling upon them to lay down their arms, which they were only too glad to do. The Americans lost between three and four hundred in killed alone; while one brigadier-general, three field officers, nine captains, twenty subalterns, and upwards of five hundred rank and file, were taken prisoners.[20] Comparatively considered, the British loss was trifling. Twenty-four men were killed, and one hundred and fifty-eight were wounded. Colonel Proctor was raised to the rank of Brigadier-General, in reward for his successful gallantry.

[20] Alison mixes up Colonel McDonell's capture of Ogdensburgh,
which is below Kingston, and opposite Prescott, the scene of the
Wind Mill fight in '37.

As if to counterbalance the effect of this success, another naval engagement occurred at sea, on the 14th of February, between the British sloop of war _Peacock_ and the American brig _Hornet_. The fight was long continued, bloody and destructive. The _Peacock_, after an hour and a half of hard fighting was in a sinking state. The effect of the enemy's fire was tremendous, but the men of the _Peacock_ behaved nobly. Mr. Humble, the boatswain, having had his hand shot away, went to the cockpit, underwent amputation at the wrist, and again voluntarily came upon deck to pipe the boarders. The _Peacock_ was now rapidly settling down, and a signal of distress was consequently hoisted. The signal was at once humanely answered. The firing ceased immediately, the American's boats were launched, and every effort praiseworthily made to save the sinking crew. All were not, however, saved. Three of the _Hornet's_ men and thirteen of the crew of the _Peacock_ went down in the latter vessel together. The _Hornet_ carried twenty guns, while the _Peacock_ had only eighteen, and the tonnage of the former exceeded, by seventy-four tons, that of the latter.

The Americans now gathering up their strength, irritated by their repeated failures on the land, and disheartened, but yet not discouraged by their original weakness on the lakes, were about, in some degree, to be compensated more suitably for their inland losses than by the capture or rather by the negative kind of advantage of destroying at considerable cost and risk, frigates and sloops of war at sea, inferior in every respect, the bravery of the sailors and the skill of the officers excepted, to the huge and properly much esteemed American double-banked frigates and long-gunned brigs. The command of Lake Ontario had devolved on the Americans. New ships of considerable size, and well armed, under the superintendence of experienced naval officers, were built and launched day after day. Troops were being collected at every point for an attack, by sea and land, upon either York or Kingston. It was now exceedingly necessary that some activity of a similar kind should be displayed by the British. The forests abounded in the very best timber; there were able shipbuilders at Quebec; the Canadian naval commanders had distinguished themselves frequently; there was a secure dockyard at Kingston; and, indeed, there existed no reason whatever, for the absence of that industry on the Canadian side of the rivers and lakes, dividing the two countries, but one, and a more fatal one could not have been listened to. It was simply that the British had been hitherto able to repel the invader wherever he had effected a landing, and would be, under any circumstances, quite able, as they were willing, to repel him again. And there was an ignorance about Canada, on the part of both the heads of the naval and of the military departments in England, as disgraceful, as it was inexcusable. It was believed that there were neither artisans to be found in the country nor wood. It seemed to be a prevalent opinion that the country was peopled only by French farmers, a few French gentlemen, and some hundreds of discharged soldiers, with a few lawyers and landed proprietors, styled U.E. Loyalists, besides the few naval officers resident at Kingston, and the troops in the different garrisons. In Upper Canada, during the winter, nothing, or almost nothing, was done in the way of building ships for the lakes. Sir George Prevost, it is true, made a hurried visit to Upper Canada, after having prorogued the Parliament. He was a man admirably adapted for the civil ruler of a country having such an elastic and very acceptable constitution as that which Canada has now had for some years past. He was one of those undecided kind of non-progressive beings, who are always inclined to let well alone. He was well meaning, and he was able too, in some sense. He was cautious to such a degree that caution was a fault. He was not, by any means, deficient in personal courage, but his mind always hovered on worst consequences. If he had hope in him at all, it was the hope that providence, without the aid of Governor Prevost, would order all things for the best. He had a strict sense of duty and a nice sense of honor, but he always considered that it was his duty not to risk much the loss of anything, which he had been charged to keep, and his moral was so much superior to his physical courage, that he never considered it dishonorable to retreat without a struggle, if the resistance promised to be very great. An instance of this occurred while Sir George was on his way to Upper Canada. On the 17th of February, Lieutenant-Colonel Pearson, commanding at Prescott, proposed to him an attack upon Ogdensburgh, which was then slightly fortified, and was a rallying point for the enemy. Indeed, an attack had some days previously been made upon Brockville, by General Brown, at the head of some militia from Ogdensburgh, and Colonel Pearson thought that the sooner an enemy was dislodged from a position exactly opposite his own and only separated by a frozen river, three quarters of a mile in width, the more secure he would have felt himself to be, and the less danger would there have been of the communication between the Upper and Lower provinces of Canada, being interrupted. General Prevost would not consent to an attack, but he allowed a demonstration to be made by Colonel McDonnell, the second in command at Prescott, so that the enemy might exhibit his strength, and his attention be so much engaged that no attempt would be made to waylay the Governor General, on the information of two deserters from Prescott, who would, doubtless, have informed the commandant, at Ogdensburgh, of Sir George's arrival and of his chief errand. Colonel McDonell moved rapidly across the river, and on landing, was met by Captain Forsyth and the American forces under him. A movement designed for a feint, was now converted into a real attack. Colonel McDonell, as he perceived the enemy, still more rapidly pushed forward, and, in a few minutes, was hotly engaged. The Americans were driven from the village, leaving behind them twenty killed and a considerable number wounded. On the side of the British, the loss of Colonel McDonell, seven other officers and seven rank and file had to be deplored, while forty-one men were wounded. The attack was most successful however. Eleven cannons, several hundred stands of arms, and a considerable quantity of stores fell into the hands of the victors, while two small schooners and two gun-boats were destroyed in winter quarters.

Recruiting and drilling were being briskly carried on about Quebec and Montreal. Some troops began to arrive, about the beginning of March, from the Lower Provinces. The 104th regiment had arrived overland from Fredericton, in New Brunswick, by the valley of the St. Johns River, through an impenetrable forest, for hundreds of miles, to Lake Temiscouata, and from thence to River-du-Loup, proceeding upwards along the south shore of the St. Lawrence.

A month later and the Americans were ready to resume the offensive in Upper Canada. The American fleet, consisting of 14 vessels, equipped at Sackett's Harbour, situated at the foot of the lake, and not very far from Kingston, in a direct line across, sailed from the harbour under Commodore Chancey, with seventeen hundred men, commanded by Generals Dearborn and Pike, to attack York, (now Toronto.) In two days the fleet was close in shore, a little to the westward of Gibraltar Strait. A landing was soon effected at the French fort of Toronto, about three miles below York, under cover of the guns of the fleet, but the enemy's advance was afterwards stoutly opposed. Six hundred militia men altogether, including the grenadiers of the 8th regiment of the line, could not long withstand seventeen hundred trained troops. They withdrew and the schooners of the fleet approaching close to the fort, commenced a heavy cannonade, while General Pike pushed forward to the main works, which he intended to carry by storm, through a little wood. As General Sheaffe, in command of the British, retired, and as General Pike, in command of the Americans, advanced, a powder magazine exploded which blew two hundred of the Americans into the air, and killed Pike. Of the British, fully one hundred men were killed, and the walls of the fort were thrown down. The Commodore was now in the harbour. And General Sheaffe seeing that not the remotest chance of saving the capital of Upper Canada, now existed, most wisely determined to retreat upon Kingston. He accordingly directed Colonel Chewett, of the militia, to make arrangement for a capitulation, and set off with his four hundred regulars for Kingston. By the capitulation, private property was to be respected, and public property only surrendered. The gain was not great, if the moral effect of victory be not considered. The victors carried off three hundred prisoners, and the British, before retreating, had considered it expedient to burn a large armed ship upon the stocks, and extensive naval stores.

The Clerk of the House of Assembly of Upper Canada, a volunteer, fell during the struggle. In all, the British loss was one hundred and thirty killed and wounded.

It is said that General Sheaffe suffered severely in the public estimation, because he retreated. The public had forgotten that he had killed and destroyed more Americans than had fallen on the side of the British. Nor did it occur to them that had their general not retreated, and capitulated, an armed fleet was in the harbour, which it was impossible to drive out, even had the fort been standing, or had there been great guns, with which earth batteries could have been formed. It had not occurred to the public of Lower Canada that if York had been burned, Sheaffe's retreat to Kingston, would have been no less imperative than it was. He was, however, superseded in the command in chief of Upper Canada by Major General De Rottenburgh.

The American fleet landed the troops at Niagara after this success, and then sailed for Sackett's Harbour for reinforcements. The Commodore, an energetic, clearheaded sailor, sent two of his vessels to cruise off the harbour of Kingston, vigilantly, and then sent vessel after vessel, at his convenience, with troops, up the lake to Michigan. There he concentrated the whole of his ships, including his Kingston cruisers, for an attack upon Fort George, in combination with the land force under General Dearborn. The British were under the command of General Vincent, who could not muster above nine hundred soldiers. It was early on the morning of the 27th of May, that the enemy began the attack. The fort was briskly cannonaded, and during the fire, Colonel Scott, with a body of eight hundred American riflemen, effected a landing. But they were promptly met by the British and compelled to give way, in disorder. The Americans retreated to the beach and crept under cover of the bank, from whence they kept up a galling fire, the British troops being unable to dislodge them, on account of the heavy broadsides of the American fleet, formed in Crescent shape, to protect their soldiers. Indeed, under cover of this fire from the fleet, another body of the enemy, numbering ten thousand men, effected a landing, and the British were reluctantly compelled to retire. General Vincent blew up the fort and fell back upon Burlington Heights, every inch of ground being stoutly contested. Flushed with success, Dearborn, the American General-in-Chief, now confidently anticipated the conquest of the whole of Upper Canada, and pushed forward a body of three thousand infantry, two hundred and fifty horse, and nine guns. But General Vincent having learned of the enemy's advance, sent Colonel Harvey, with eight hundred men, to impede their progress. Harvey, an experienced and brave officer, was not long in discovering that the enemy kept a bad look out. He resolved upon surprising them. Accordingly, he waited for the darkness of night, under cover of which, a sudden attack was made so successfully, that he made prisoners of two generals and a hundred and fifty men, besides capturing four guns. It was now the enemy's turn to retreat, and they did so in admirable confusion. Arrived at Fort George a halt took place, but a fortnight elapsed before General Dearborn had sufficiently recovered from the effect of this surprise to send out an expedition of six hundred men to dislodge a British picquet, posted at Beaver's Dam, near Queenstown. The dislodgement was most indifferently effected, inasmuch as the expedition was waylaid on their passage through the woods, by Captain Kerr, with a few Indians, and by Lieutenant Fitzgibbons, at the head of forty-six of the 49th regiment, in all, less than two hundred men, but so judiciously disposed as to make the Americans believe that they were the light troops of a very superior army, the approach of which was expected, and they, to the number of five hundred, surrendered, with two guns and two standards.

It now became the turn of the British to invade, and early in July, Colonel Bishop set out on an expedition to Black Rock, at the head of a party of militia, aided by detachments of the 8th, 41st, and 49th regiments of the line. He was perfectly successful. The enemies' block-houses, stores, barracks, and dockyard were burned, and seven pieces of ordnance, two hundred stand of arms, and a great quantity of stores were brought away. But it was at great cost. While employed in securing the stores, the British were fired upon, from the woods, by some American militia and Indians, and while Captain Saunders, of the 41st, dropped, severely wounded, Colonel Bishop, who had planned, and so gallantly executed the assault, was killed.

While these things were happening in the Far-Civilised-West of that day, the British flotilla on Lake Champlain, had captured two American schooners, the _Growler_ and _Eagle_, of eleven guns each, off Isle-aux-Noix.