On the 19th of June, 1811, Lieut.-General Sir James Craig embarked for England, in H.M.S. Amelia. Previous to his departure he received addresses from Quebec, Montreal, Three Rivers, Warwick, and Terrebonne, and when he was about to leave the Chateau St. Louis, the British population, who admired the old General more perhaps than they did the constitutional ruler, exhibited considerable feeling. The multitude took the place of His Excellency's carriage horses and popularly carried away, to the Queen's wharf, His Majesty's representative. Nay, the old soldier, who really had a heart, almost wept as he bade farewell to men, some of whom he had first met with in the battle field, and had since known for nearly half a century. Sir James too was ill. It was not indeed expected that he would have lived long enough to reach England. His dropsy was becoming not only troublesome but dangerous.[15]

[15] Sir James did reach England, but died shortly afterwards. He expired in January 1812, aged 62.

Sir James was succeeded in the administration of the government of Canada by Mr. Dunn.

The Canadians had, during the administration of Governor Craig, earnestly pursued Junius' advice to the English nation. They had never, under the most trying circumstances, suffered any invasion of their political constitution to pass by, without a determined and persevering resistance. They practically exhibited their belief in the doctrine that, one precedent creates another; that precedents soon accumulate and constitute law; that what was yesterday fact becomes to-day doctrine; that examples are supposed to justify the most dangerous measures, and that where they do not suit exactly, the defect is supplied by analogy. They felt confident that the laws which were to protect their civil rights were to grow out of their constitution, and that with it the country was to fall or flourish. They believed in the right of the people to choose their own representatives. They were sensibly impressed with the idea that the liberty of the press is the palladium of the civil, political, and religious rights of a British subject, and that the right of juries to return a general verdict, in all cases whatsoever, is an essential part of the British constitution, not to be controlled, or limited, by the judges, nor in any shape to be questionable by the legislature. And they believed that the power of the King, Lords, and Commons, was not an arbitrary power, but one which they themselves could regulate. In a word, they believed that, whatever form of government might be necessary for the maintenance of order, and for putting all men on an equality in the eye of the law, the people themselves were the source of all power, and they acted accordingly.

Mr. Peel, (afterwards Sir Robert Peel,) Under Secretary of State, condemned the conduct of Sir James Craig, as Governor of Canada. Mr. Ryland, himself, informed Sir James, by letter, from London, whither he had been sent with despatches, that when he observed to Mr. Peel that Sir James Craig had all the English inhabitants with him, and, consequently, all the commercial interest of the country, Mr. Peel remarked that the Canadians were much more numerous, and he repeated the same remark more than once, in a way that indicated a fear of doing anything that might clash with the prejudices of the more numerous part of the community. And when Mr. Ryland ventured to suggest that the decided approbation of the Governor's conduct could not fail to have a desirable effect on the minds of the Canadians, and that the best way of expressing such approbation, was by suspending the constitution, as Sir James Craig had recommended, Mr. Peel thought that a reunion of the provinces would be better than a suspension of the constitution of Lower Canada. Lord Liverpool thought that it was not very necessary to imprison the editors of the Canadien. He quietly asked if they could not have been brought over to the government? Mr. Ryland said that it was not possible, that Mr. Bedard's motive for opposing the government, was possibly to obtain office, but he had acted in such a way as to make that impossible. At dinner with the Earl of Liverpool, at Coombe Wood, Mr. Ryland seems to have had a combing from Mr. Peel. He writes to Sir James Craig that, in a conversation with Mr. Peel, before dinner, concerning the state of things in Canada, he was mortified to find that he had but an imperfect idea of the subject. He expressed himself as though he had thought that Sir James Craig had dissolved the House of Assembly on account of their having passed a bill for excluding the judges. He endeavored to give Mr. Peel a clear and correct conception of these matters, but God knew with what success! He recollected Governor Craig's advice, and kept his temper, but it was really very provoking to see men of fine endowments and excellent natural understanding, too inattentive to make themselves masters of a very important subject, which had been placed before them, in an intelligible manner. When Mr. Peel asked him if the English members of the House were always with the government, Mr. Ryland said that in every case of importance, with the exception of Mr. James Stuart, formerly Solicitor-General, the English members always supported the views of the government. And, indeed, the Attorney-General of England, Sir Vicary Gibbs, reported against the despotic intentions of Sir James Craig, and, at the suggestion of his secretary, further expressed his official opinion that the paper published in the Canadien, and upon which the proceedings of the Executive Council of Canada had been founded, was not such as to fix upon the publishers, the charge of treasonable practices, and that it was only the apprehensions that had been in Canada entertained, of the effects of the publication of the paper in the Canadien, that might have made it excusable to resort to means, not strictly justifiable in law, for suppressing anticipated mischief. The truth was simply that a stupid old man, filled with the most violent prejudices, against change of any sort, had been sent to govern a new and rapidly rising country, and knew not how success was to be obtained. His mind was full of conspiracies, rebellions, and revolutions, and nothing else. When he retired to rest, and had drawn the curtains of his bed, there sat upon him, night after night, three horrible spectres:—the Rebellion in Ireland, the Reign of Terror in France, and the American revolution. He slept only to dream of foul conspiracies, and he was dreaming how they best could be avoided, when in broad daylight he was most awake.

Upper Canada had not yet become sufficiently populous to require much legislation. Indeed, the legislature of that province hardly transacted any business more important than now devolves upon some insignificant county municipality. There was as yet no party. There were as yet no grievances. Parliament was annually assembled by Governor Gore, rather because it was a rule to which he was bound to attend, than because it was required. He met his parliament again, on the 1st of February, 1811, and business having been rapidly transacted, the royal assent was given to nine Acts, relative to the erection and repair of roads and bridges, to the licensing of petty chapmen, to the payment of parliamentary contingencies, to the regulation of duties, to the further regulation of the proceedings of sheriffs, in the sale of goods and chattels, taken by them in execution, to assessments, to bills of exchange, and to the raising and training of the militia.

On the 30th of September, in the same year, Lieutenant-Governor Francis Gore resigned the government into the hands of Major-General, Sir Isaac Brocke, and returned to England, Mr. Dunn, having, on the 14th of the same month, been relieved of the government of Lower Canada, by Lieutenant-General Sir George Prevost, Baronet, the Lieutenant-Governor of Nova Scotia, and now appointed Governor General of British North America, in consideration as well of his administrative ability, as of his distinguished reputation as an officer in the army. No sooner had Sir George arrived at Quebec, than he set out on a tour of military observation. War was now more than ever imminent. Another difficulty had occurred at sea. A British sloop of war, the Little Belt, had been fired into by the American frigate, President, and, in the rencontre which followed, had suffered greatly in her men and rigging. The British Orders in Council had not been rescinded, American commerce was crippled, the revenue was falling off, and there was that general quarrelsomeness of spirit which, sooner or later, must be satisfied, pervading the middle States of the American Union. Congress was assembled by proclamation, on the 5th of November, and the President of the United States indicated future events by a shadow in his opening "Message." Mr. Madison found that he must "add" that the period had arrived which claimed from the legislative guardians of the national rights, a system of more ample provision for maintaining them. There was full evidence of the hostile inflexibility of Great Britain. She had trampled on rights, which no independent nation could relinquish, and Congress would feel the duty of putting the United States into an armour and an attitude, demanded by the crisis, and corresponding with the national spirit and expectation. Congress did as they were recommended to do. Bills were passed having reference to probable hostilities, one of which authorized the President to raise, with as little delay as possible, twenty-five thousand men.

In Canada every man held his breath for a time.



CHAPTER III.

General Prevost was the very opposite of Sir James Craig. While the latter considered force the only practical persuasive, the former looked upon persuasion as more practicable than force. He was determined to be conciliatory, to throw aside unjust suspicions, to listen to no tales from interested parties, to redress such grievances as existed, and to create no new causes of discontent if he could avoid it. He was made acquainted with all the steps that had been taken by his predecessor, and he entered on the administration of the government of Lower Canada, with a determination to pursue a very opposite policy. A few weeks after his assumption of office he remodelled, or rather recommended to the Imperial ministry, the expediency of remodelling the Executive Council. He caused seven new members to be added to it, and he further offended the officers of the principalities or departments, by preferring to places of trust and emolument, some of the demagogues persecuted by Sir James Craig. Sir George Prevost met the parliament on the 21st of February, 1812. He congratulated the country on the brilliant achievements of Wellington, in the deliverance of Portugal and the rescue of Spain from France. Notwithstanding the changes, so astonishing, which marked the age, the inhabitants of Canada had witnessed but as remote spectators the awful scenes which had desolated Europe. While Britain, built by nature against the contagious breath of war, had had her political existence involved in the fate of neighboring nations, Canada had hitherto viewed without alarm a distant storm. The storm was now approaching her. The mutterings of the thunder were already within hearing. All was gloomy, still, and lurid. It was necessary to be vigilant. To preserve the province from the dangers of invasion it would be necessary to renew those Acts which experience had proved essential for the preservation of His Majesty's government, and to hold the militia in readiness to repel aggression. The renewal of the "Preservation Acts," was not that which the Assembly very much desired. They had had enough of such "Preservation" of government Acts already. They would much rather have been preserved from them than be preserved with them. On the principle of self preservation, the Assembly would rather be excused from continuing any such Act as that which had been so abused as to have afforded a licence for the imprisonment of three members of the Assembly, on vague charges, which the ingenuity of the public prosecutor could not reduce to particulars. Had it not been from a conviction of the goodness of the new Governor, the Assembly would not have renewed any such Act. Sir George regretted that the Parliament had thought it necessary to revert to any of the proceedings of his predecessor, under one of the "Preservation Acts," and he earnestly advised the gentlemen of the House of Assembly to evince their zeal for the public good, by confining their attention solely to the present situation of affairs. But the House thought it due to the good character of His Majesty's subjects that some measure should be adopted by the House, with the view of acquainting His Majesty of the events which had taken place under the administration of Sir James Craig, its late Governor, together with the causes which such events had originated, so that His Majesty might take such steps as would prevent the recurrence of a similar administration, an administration which tended to misrepresent the good and faithful people of the province, and to deprive them of the confidence and affection of His Majesty, and from feeling the good effects of his government, in the ample manner provided for by law. Nay, this was not all. It was moved that an enquiry be made into the state of the province, under the administration of Sir James Craig, and into the causes that gave rise to it, and the resolution was carried, two members only voting against it. A committee was appointed, but no report was made. The bill for the better preservation of His Majesty's government, and the Alien bill were both lost, not by ill intention, but by awkward management. But the loss of these bills was amply compensated by the militia bill, authorizing the Governor to embody two thousand young, unmarried men, for three months in the year, who, in case of invasion, were to be retained in service for a whole year, when one-half of the embodied would be relieved by fresh drafts. In the event of imminent danger, he was empowered to embody the whole militia force of the country, but no militiaman was to be enlisted into the regular forces. For drilling, training, and other purposes of the militia service, L12,000 were voted, and a further sum of L30,000 was placed at the disposal of the Governor-in-Chief, to be used in the event of a war arising between Great Britain and the United States.

Sir George Prevost prorogued Parliament on the 19th of May, well satisfied with the proofs which had been exhibited to him, of the loyalty of the parliament and people of a country so very shortly before represented to be treasonable, seditious, disaffected, and thoroughly imbued with hatred towards Great Britain. He shortly afterwards re-instated, in their respective ranks in the militia, such officers as had been set aside by Sir James Craig, without just cause, and indeed spared no exertion to make the people his friends, well judging that the office, or place men would, of necessity be so. On the 28th of May, he levied and organised four battalions of embodied militia; and a regiment of voltigeurs was raised, the latter being placed under the command of Major De Salaberry, a French-Canadian, who had served in the 60th regiment of foot.

There was need for this embodiment of troops. Already, dating from the 3rd of April, the American Congress had passed an Act laying an embargo for ninety days on all vessels within the jurisdiction of the United States. The President, Mr. Jefferson, had recommended the embargo. He had long intended to gratify the lower appetites of the worst class of the American people, who were now more numerous than that respectable class of republicans of which that great man, Washington, was himself the type. The measure was preparatory to a war with Great Britain. And war was very soon afterwards declared. On the 4th of June, a bill declaring that war existed between Great Britain and the United States passed the House of Representatives by a majority of seventy-nine to forty-nine. The bill was taken to the Senate, and there it passed only by the narrow majority of six. The vote was nineteen voices in the affirmative and thirteen in the negative. Mr. Jefferson assented to the bill on the 18th of June. The grounds of war were set forth in a message of the President to Congress, on the 1st of June. The impressment of American seamen by British naval officers; the blockade of the ports of the enemies of Great Britain, supported by no adequate force, in consequence of which American commerce had been plundered in every sea, and the great staples of the country cut off from their legitimate markets; and on account of the British Orders in Council. The Committee on Foreign relations believed that the freeborn sons of America were worthy to enjoy the liberty which their fathers had purchased at the price of much blood and treasure. They saw by the measures adopted by Great Britain, a course commenced and persisted in, which might lead to a loss of national character and independence, and they felt no hesitation in advising resistance by force, in which the Americans of that day would prove to the enemy and the world, that they had not only inherited that liberty which their fathers had given them, but had also the will and the power to maintain it. They relied on the patriotism of the nation, and confidently trusted that the Lord of Hosts would go down with the United States to battle, in a righteous cause, and crown American efforts with success. The committee recommended an immediate appeal to arms. The confidential secretary of Sir James Craig was not a little to blame for the terrible state of fermentation into which the representatives of the sovereign people of America had wrought themselves. Without the knowledge of the Imperial government, Mr. Secretary Ryland had received the concurrence of Sir James Craig to a scheme for the annexation of the New England States to Canada. A young man named Henry, of Irish parentage, and a captain in the militia of the American States had come to Montreal with the view of remaining in Canada. He studied law and made considerable proficiency. Indeed, he was a young man possessed of some talent and of great assurance. And as there was another suspicion haunting the minds of Sir James Craig and of Mr. Secretary Ryland, Mr. John Henry, late captain in the American service, and now Barrister-at-law, was introduced to Governor Craig, as a gentleman likely to inform the government of Canada, whether or not, the suspicions of the Governor and of the Governor's Secretary, were correct, these suspicions being that the North Eastern States of the American Republic desired to form a political connection with Great Britain. Mr. Henry appeared to be the very man for such a mission. He was immediately employed as a spy, and went to Boston, where he did endeavour to ascertain the public mind, in those places in which it is most frequently spoken. He lingered about hotels and news rooms. He visited the parks and the saloons. He went to church, or wherever else information was to be obtained, and he sent his experiences regularly to Mr. Ryland, who furnished him with instructions. But Captain Henry required to be paid for all this trouble. He applied to Governor Craig to find that excellent gentleman had no idea of their value. He then memorialized Lord Liverpool, asking for his services only the appointment of Judge Advocate of Lower Canada, to which the salary of L500 a year was attached. The noble Lord, at the head of the government, knew nothing about Captain Henry, and recommended him, if he had any claim upon Canada, to apply to Sir George Prevost, the Governor General. Captain Henry would do no such thing. He went to the United States, and, for the sum of fifty thousand dollars, gave up to the American government a very interesting correspondence between the Secretary of the Governor General of Canada, Mr. Ryland, and himself. Congress was so transported with rage, at the attempted annexation, that a bill was brought into the House of Representatives, and seriously entertained, the object of which was to declare every person a pirate, and punishable with death, who, under a pretence of a commission from any foreign power, should impress upon the high seas any native of the United States; and gave every such impressed seaman a right to attach, in the hands of any British subject, or of any debtor to any British subject, a sum equal to thirty dollars a month, during the whole period of his detention.[16] The federalist Americans were somewhat favourably disposed towards England. The minority in the House of Representatives, among which were found the principal part of the delegation from New England, in an address to their constituents, solemnly protested, on the ground that the wrongs of which the United States complained, although in some respects, grievous, were not of a nature, in the then state of the world, to justify war, nor were they such as war would be likely to remedy. On the subject of impressment they urged that the question between the two countries had once been honorably and satisfactorily settled, in the treaty negotiated with the British Court by Messrs. Monroe and Pinckney, and that although that treaty had not been ratified by Mr. Jefferson, arrangements might probably again be made. In relation to the second cause of war—the blockade of her enemies' ports, without an adequate force, the minority replied that it was not designed to injure the commerce of the United States, but was retaliatory upon France, which had taken the lead in aggressions upon neutral rights. In addition it was said, that as the repeal of the French decrees had been officially announced, it was to be expected that a revocation of the Orders in Council would follow. They could not refrain from asking what the United States were to gain from war? Would the gratification of some privateers-men compensate the nation for that sweep of American legitimate commerce, by the extended marine of Great Britain, which the desperate act of declaring war invited? Would Canada compensate the middle States for New York, or the Western States for New Orleans? They would not be deceived! A war of invasion might invite a retort of invasion. When Americans visited the peaceable, and, to Americans, the innocent colonies of Great Britain, with the horrors of war, could Americans be assured that their own coast would not be visited with like horrors. At such a crisis of the world, and under impressions such as these, the minority could not consider the war into which the United States had, in secret, been precipitated, as necessary, or required by any moral duty, or any political expediency. The country was divided in opinion, respecting either the propriety or the expediency of the war. The friends of the administration were universally in favor of it.

[16] Allison, page 656.

That there was no just cause for a declaration of war on the part of the United States, it may be sufficient to state that the news of the repeal of the obnoxious Order in Council, reached the United States before England was aware of the declaration of war. But the American government wanted a war as an excuse for a filibustering expedition to Canada, which was to be peaceably separated from Great Britain, and quietly annexed to the United States. Then existing differences would have been speedily patched up to the satisfaction of all parties, the Lower Canadians being, in the language of Sir James Craig, treasonable, seditious, and attached to the country with which the United States was in alliance, France. The United States were not prepared for war. While Great Britain had a hundred sail of the line in commission, and a thousand ships of war bore the royal flag, the Americans had only four frigates and eight sloops in commission, and their whole naval force afloat in ordinary, and building for the Ocean and the Canadian Lakes, was eight frigates and twelve sloops. Their military force only amounted to twenty-five thousand men, to be enlisted for the most part, but the President was authorised to call out one hundred thousand militia, for the purpose of defending the sea coast and the Canadian frontiers. The greatest want of all was proper officers. The ablest of the revolutionary heroes had paid the debt of nature, and there was no military officer to whom fame could point as the man fitted for command. With means so lamentably inconsiderable had America declared war against a country whose arms were sweeping from the Spanish Peninsula the disciplined and veteran troops of France. It was marvellous audacity. And it was a marvellous mistake. Canada, it is true, had only 5,454 men of all arms, who could be accounted soldiers, 445 artillery, 3,783 infantry of the line, and 1,226 fencibles. She had only one or two armed brigs and a few gun-boats on the lakes, but the Upper Canadians were not prepared to exchange their dependency on Great Britain for the paltry consideration of being erected into a territory of the United States, and the Superintendent of the Church of Rome, in Lower Canada, hardly thought it possible that a new conquest of Canada would make her peculiar institutions more secure than they were. The militia of both sections of Canada were loyal. They felt that they could, as their enemies had done before, at least defend their own firesides. There was no sympathy with the American character, nor any regard for American institutions then. Those feelings were to be brought about by that commercial selfishness which time was to develop.

The declaration of war by the United States was only known in Quebec on the 24th of June. A notification was immediately given by the police authorities to all American citizens then in Canada, requiring them to leave the province on or before the third of July. But Sir George Prevost afterwards extended the time to fourteen days longer, to suffer American merchants to conclude their business arrangements. Proclamations were issued, imposing an embargo on the shipping in the port of Quebec, and calling the legislature together, for the despatch of business. Parliament met on the 16th of July. The Governor-in-Chief announced the declaration of war, expressed his reliance upon the spirit, the determination, the loyalty and the zeal of the country. With the aid of the militia, His Majesty's regular troops, few in number, as they were, would yet gallantly repel any hostile attempt that might be made upon the colony. It was with concern that he saw the expense to which the organization and drilling of the militia would put the province. But battles must be fought, campaigning had to be endured, and true and lasting liberty was cheap at any cost of life or treasure. The reply was all that could be desired. While the House deplored the hostile declaration that had been made against Great Britain, and seemed to shrink from the miseries which war entails, they assured the Governor that threats would not intimidate, nor persuasions allure them from their duty to their God, to their country, and to their king. They were convinced that the Canadian militia would fight with spirit and determination, against the enemy, and would, with the aid of the tried soldiers of the king, sternly defend the province against any hostile attack. As far as spirit went there was no deficiency, but Canada was worse off for money than the United States was for soldiery. There were forty thousand militia about to rise in arms, but where was the money to come from necessary to keep them moving? Congress intended to raise an immediate loan of ten millions of dollars. It was essential Canada should immediately replenish her exchequer, as those not being the days of steamships, funds from England could not be soon obtained. Sir George Prevost resolved to issue army bills, payable either in cash, or in government bills of exchange, on London. The House of Assembly assented to the circulation of any bills, and granted fifteen thousand pounds annually for five years, to pay the interest that would accrue upon them. Bills to the value of two hundred and fifty thousand were authorised to be put in circulation; they were to be received in the payment of duties; they were to be a legal tender in the market; and they were to be redeemed at the army bill office, in any way, whether in cash or bills, the Governor-in-Chief might signify. Nothing could have been more satisfactory to Sir George Prevost. He prorogued the Parliament on the 1st of August, with every expression of satisfaction. And well he might be satisfied. The men who were, according to the representations of his predecessor, not at all to be depended upon, in a case of emergency, had most readily, liberally, and loyally, met the demands of the public service. The men who feared martial law, and could not tolerate the withholding of the Habeas Corpus, came forward nobly to defend from outward attack the dominions of their king. The whole province was bursting with warlike zeal. A military epidemic seized old and young, carrying off the latter in extraordinary numbers. Montreal, Quebec, and even Kingston and Toronto teemed with men in uniform and in arms. The regular troops were moved to Montreal, and Quebec was garrisoned by the militia. At Montreal, even the militia turned out for garrison duty. And on the 6th of August, the whole militia were commanded to hold themselves in readiness for embodiment. A little of the zeal now began to ooze out. There never yet was a rule without an exception. In the Parish of Ste. Claire, some young men, who had been drafted into the embodied militia, refused to join their battalion. Of these, four were apprehended, but one was rescued, and it was determined by the able-bodied men of Pointe Claire to liberate such others of their friends as had already joined the depot of the embodied militia at Laprairie. Accordingly, on the following day, some three or four hundred persons assembled at Lachine. They had not assembled to pass a series of resolutions censuring the government for illegally and wantonly carrying off some of the best men of the Parish of Pointe Claire, nor did they express any opinion favorable to Mr. Madison and the Americans, but they had assembled to obtain, by force, the liberty of their friends about to be subjected to military discipline. It seemed to have been a misunderstanding, however. The infuriated parishioners of Pointe Claire, who would not be comforted, on being appealed to, to go to their homes, frequently raised the cry of "Vive le Roi." It might be supposed that the Ste. Claire people meant to wish a long and happy reign to His Imperial Majesty Napoleon, as Mr. Ryland shrewdly suspected. But that supposition was not entertainable for any considerable length of time, inasmuch as the people without any prompting intimated that they had been informed that the militia law had not been put into force, but that if the Governor should call for their services they were ready to obey him. The magistrates assured the people that the militia law was really to be enforced, and advised them to disperse. They refused to budge. Two pieces of artillery and a company of the 49th regiment, which had been sent for, to Montreal, now appeared at Lachine. Still the mob would not disperse. Accordingly, the Riot Act was read, and the artillery fired a ball high over the heads of the stubborn crowd, which, of course, whizzing harmlessly along, produced no effect upon the crowd, except that the eighty, who were armed with fusils and fowling pieces, somewhat smartly returned the compliment, proving to the satisfaction of the soldiers the possession of highly military qualities, in a quarter where it was least expected. In reply, the troops fired grape and small arms, but without any intention of doing mischief. The rioters again fired at the troops, but not the slightest harm resulted to the troops. It was a kind of sham battle. The military authorities began, however, to tire of it, and the mob was fired into, when one man having been killed, and another having been dangerously wounded, the mutineers dispersed, leaving some of the most daring among them, to keep up a straggling fire from the bushes! The military made thirteen prisoners and, as night was setting in, left for Montreal. Next day, four hundred and fifty of the Montreal militia marched to Pointe Claire, and from thence to St. Laurent, which is situated in the rear of the Island of Montreal. There, they captured twenty-four of the culprits, and brought them to head quarters. Thus, there were thirty-seven rebels, prisoners in Montreal, when the United States had declared war against Britain, and the first blood shed, in consequence of the declaration of war in Canada, by the troops, was, unfortunately, that of Canadians. But the Pointe Claire habitants bitterly repented the resistance which they had made to the militia law, and many of them came to Montreal, craving the forgiveness of the Governor, which they readily obtained. The ringleaders alone were punished.

Hostilities were commenced in Upper Canada. No sooner had General Brocke learned that war was proclaimed, than he conceived a project of attack. He did not mean to penetrate into the enemy's country, but for the better protection of his own, to secure the enemy's outposts. On the 26th of June, he sent orders to Captain Roberts, who was at St. Joseph's, a small post, or block house, situated on an island in Lake Huron, maintained by thirty soldiers of the line and two artillerymen, in charge of a serjeant of that corps, under the command of the gallant captain, to attack Michillimackinac, an American fort defended by seventy-five men, also under the command of a captain. He was further instructed to retreat upon St. Mary's, one of the trading posts belonging to the North West Fur Company, in the event of St. Joseph's being attacked by the Americans. General Brocke's instructions reached Captain Roberts on the eighth of July, and he lost no time in carrying the first part of them into execution. Communicating the design, the execution of which he had been entrusted with, to Mr. Pothier, in charge of the Company's Post, at St. Joseph's, that gentleman patriotically tendered his services. Mr. Pothier, attended by about a hundred and sixty voyageurs, the greater part of whom were armed with muskets and fowling pieces, joined Captain Roberts with his detachment of three artillerymen and thirty soldiers of the line, and in a flotilla of boats and canoes, accompanied by the North West Company's brig Caledonia, laden with stores and provisions, a descent was made upon Michillimackinac. They arrived at the enemy's fort, without having met with the slightest opposition, and summoned it to surrender. The officer in command of the American fort at once complied. He had indeed received no certain information that war had been declared. Very shortly afterwards two vessels, laden with furs, came into the harbour, ignorant of the capture of the fort, and were taken possession of, though subsequently restored to their proprietors, by Major-General DeRottenburgh, the President of the Board of Claims. Unimportant as this achievement was, it yet had the effect of establishing confidence in Upper Canada. It had an excellent effect upon the Indian tribes, with whose aid the struggle with the Americans, was afterwards efficiently maintained.

Upon the declaration of war, the government of the United States despatched as skilful an officer, as they had, to arm the American vessels on Lake Erie, and on Lake Ontario, with the view of gaining, if possible, the ascendancy on those great inland waters, which separate a great portion of Canada from the United States. The American army was distributed in three divisions:—one under General Harrison called "The North Western Army," a second under General Stephen Van Rensellaer, at Lewiston, called "The Army of the Centre," and a third under the Commander-in-Chief, General Dearborn, in the neighbourhood of Plattsburgh and Greenbush. As yet the armies had not been put in motion, but on the 12th of July, General Hull, the Governor of Michigan, who had been sent, at the head of two thousand five hundred men, to Detroit, with the view of putting an end to the hostilities of the Indians in that section of the country, crossed to Sandwich, established his head-quarters there, and issued a proclamation to the inhabitants of Canada. He expressed the most entire confidence of success. The standard of union, he alleged, waved over the territory of Canada. He tendered the invaluable blessings of liberty, civil, political, and religious, to an oppressed people, separated from, and having no share in the Councils of Britain, or interests in her conduct. And he threatened a war of extermination if the Indians were employed in resisting the invasion.

General Brocke met the Parliament of Upper Canada, at York, on the 28th of the same month, and issued a proclamation to the people, in which he ridiculed General Hull's fears of the Indians. He then despatched Colonel Proctor to assume the command at Amherstburgh, from Fort St. George.

So confident was the American General of success that, as yet, he had not a single cannon or mortar mounted, and he did not consider it expedient to attempt to carry Amherstburgh, which was only situated eighteen miles below, by assault. But, as his situation, at Sandwich, became more and more precarious, he, at length, did resolve upon attacking Amherstburgh, if he could get there. He sent detachment after detachment, to cross the Canard, the river on which Amherstburgh stands. The Americans attempted thrice to cross the bridge, situated three miles above Amherstburgh, in vain. Some of the 41st regiment and a few Indians drove them back as often as they tried it. Another rush was made a little higher up. But the attempt to ford the stream was as unsuccessful as the attempts to cross the bridge. Near the ford, some of those Indians, so much dreaded by General Hull, lay concealed in the grass. Not a blade stirred until the whole of the Americans were well in the stream, and some had gained the bank, on the Canadian side, when eighteen or twenty of the red children of the forest, sprang to their feet, and gave a yell, so hideous, that the Americans, stricken with panic, fled with almost ludicrous precipitancy. So terror-stricken, indeed, were the valiant host, that they left arms, accoutrements, and haversacks, behind them. No further attempt was made by General Hull, on Amherstburgh. It would have been captured with great difficulty, if it could have been captured at all. At the mouth of the river Canard, a small tributary of the Detroit, the Queen Charlotte, a sloop of war, armed with eighteen twenty-four pounders, lay at anchor, watching every manoeuvre.

On the 3rd of July, Lieutenant Rolette, commanding the armed brig Hunter, at ten o'clock in the forenoon, succeeded in capturing the Cayuga packet, bound from the Miami river to Detroit, with troops, and laden with the baggage and hospital stores of the American army. He made a dash at the Cayuga in his barge, and, with only six men, secured her.

Colonel Proctor now assumed the offensive. He sent Captain Tallon, on the 5th of August, with an inconsiderable detachment of the 41st regiment, and a few of the many Indians, who were flocking to his standard, to Brownstown, a village opposite Amherstburgh. Captain Tallon energetically carried out his instructions, by surprising and routing more than two hundred of the Americans, who were under the command of Major Vanhorne. The captured detachment were on their way from Detroit to the river Raisin, in the expectation of meeting there a detachment of volunteers, from Ohio, under Captain Burr, with a convoy of provisions for the army. General Hull's despatches fell into the hands of the captors. The deplorable state of the American army was disclosed, and, without loss of time, Colonel Proctor sent over a reinforcement, consisting of one hundred men, of the 41st regiment, with some militia and four hundred Indians, under the command of Major Muir, their landing being protected by the brig Hunter. Nor were the American General's misfortunes yet to be ameliorated. While these things were taking place, a despatch reached him from the officer commanding the Niagara frontier, intimating that his expected co-operation was impossible. On every side, General Hull was being hemmed in. His supplies had been cut off. Defeat had befallen him so far and death, sickness, fatigue and discomfiture had its depressing effect upon his soldiery. There was no insurrection in Canada. The people of the backwoods had not the slightest desire to be territorially annexed to that country over which the standard of union had waved for thirty years. On the contrary, they were bent upon doing it as much mischief as possible. They had no idea of transferring their allegiance to a power who had visited them with the miseries of war, for no fault of theirs. Hull was dismayed. When it was announced that General Brocke was advancing against him, he sounded a retreat. Unwilling that his fears should be communicated to the troops under him, General Hull retreated ostensibly with the view of concentrating the army. After he had re-opened his communications with the rivers Raisin and Miami, through which the whole of his supplies came, he was to resume offensive operations. That time never came. On the 8th of August, Sandwich was evacuated. Two hundred and fifty men only were left behind, in charge of a small fortress, a little below Detroit. When again in Detroit, General Hull sent six hundred men under Colonel Miller, to dislodge the British from Brownston. Major Muir, who commanded at Brownston, instead of waiting for the attack, quixotically went out to meet his adversaries. The two opposing detachments met at Maguago, a kind of half way place, where a fight began. It was of short duration, but, considering the numbers engaged, was sanguinary. Seventy-five of the Americans fell, and the British were compelled, though with inconsiderable loss, to retreat. On the water as on the land, the chief mischief fell upon the Americans. Lieutenant Rolette, with the boats of the Queen Charlotte and Hunter, intercepted, attacked, and captured eleven American batteaux and boats, which were en route for Detroit, under the escort of two hundred and fifty American soldiers, marching along the shore, the boats and batteaux having on board fifty-six wounded Americans and two English prisoners.

General Brocke, who had prorogued his Parliament, now appeared at the seat of war. He had collected together a force of seven hundred of British regulars and militia and six hundred auxiliary Indians. And he very coolly determined upon obtaining the surrender of His Excellency, General Hull, and his whole force. Knowing from his absurd proclamation, how much in dread he stood of the Indians, General Brocke intimated that if an attack were made, the Indians would be beyond his control; that if Detroit were instantly surrendered, he would enter into conditions such as would satisfy the most scrupulous sense of honor; and that he had sent Lieutenant-Colonel McDonnell and Major Glegg with full authority to conclude any arrangement that might prevent the unnecessary effusion of blood. General Hull replied very courteously in the negative. Captain Dixon, of the Royal Engineers, had thrown up a battery in Sandwich, on the very ground so recently occupied by the Americans, to act upon Detroit. In this battery there were two five and a half inch mortars, and one eighteen and two twelve pounder guns, and it was manned by sailors under the command of Captain Hull. For upwards of an hour the cannonade was terrific, the fire of the enemy being very feebly maintained, from two twenty-four pounders. On the morning of the eighteenth, the cannonade recommenced, and General Brocke crossed the river with his little army, unopposed, at the Spring Wells, three miles below Detroit, the landing being effected under cover of the guns of the Queen Charlotte and Hunter. General Brocke formed his troops upon the beach, into four deep, and flanked by the Indians, advanced for about a mile, when he formed this miniature army into line, with its right resting on the river Detroit, and the left supported by the Indians. He then made preparations for assault, and was about to attack, when to the surprise as much, it is said, of the American as of the British regiments, a flag of truce was displayed upon the walls of the fort, and a messenger was seen approaching. It was an intimation that General Hull would capitulate. Lieutenant-Colonel McDonnell and Major Glegg were accordingly sent over to the American General's tent where, in a few minutes, the terms of capitulation were signed, sealed, and delivered in duplicate, one copy for the information of His Britannic Majesty, and the other for that of Mr. President Madison, the chief of the authors of the war. To Mr. Madison, the information that General Hull had capitulated to the Governor of Upper Canada, with two thousand five hundred men, and thirty-three pieces of cannon, and that, in consequence, the whole territory of Michigan had been ceded to Great Britain, could only have been as disagreeable as it was animating to the people of Canada. So entirely indeed were the Americans unprepared for a blow of such extraordinary severity, that no one could be brought to believe in it. It seemed an impossible circumstance. It was felt to be a delusion. It seemed as if some one had practised a terrible hoax upon the nation. Until officially made known to the sovereign people, the disaster was looked upon as a lying rumour of the enemy. Another Henry had been at work, tampering with the New England States, or the federalist minority had set it afloat. True it could not be. It was indeed something to excite surprise. The trophy of a British force, consisting of no more than seven hundred men, including militia, and six hundred Indians was the cession of a territory and the surrender of a General-in-Chief, a strong fort, the armed brig John Adams, and the two thousand five hundred men, who were designed not to defend their country only, but to wrest Upper Canada from the Crown of Great Britain. To General Hull's fears of the savage ferocity of the Indians, this bloodless victory must, to some extent, however trifling, be attributed. General Hull was evidently superstitiously afraid of an Indian. While asking the inhabitants of Upper Canada to come to him for protection, he could not help entreating, as it were, protection for himself against the Indians. If you will not accept my offer, the General seemed to say, either remain at home or cross bayonets with American soldiers, but turn into the field one of the scalping savages of your forests, and we shall kill, burn and destroy, everything that comes before us. With his regular troops, the unfortunate man was sent a prisoner to Montreal. He was led into that city, at the head of his officers and men, and was at once an object of pity and derision. But the Commander-in-Chief received his prisoner with the courtesy of a gentleman, and with every honor due to his rank. Nay, he even suffered him to return to the United States on parole, without solicitation.

In his official despatch, to the American government, Hull took pains to free his conduct from censure. His reasons for surrender, were the want of provisions to maintain the siege, the expected reinforcements of the enemy, and "the savage ferocity of the Indians," should he ultimately be compelled to capitulate. But the federal government so far from being satisfied with these excuses, ordered a Court Martial to assemble, before which General Hull was tried, on the charges of treason, cowardice, and unofficerlike conduct. On the last charge only was he found guilty and sentenced to death. The Court, nevertheless, strongly recommended him to mercy. He was an old man, and one who, in other times, had done the State some service. He had served honorably during the revolutionary war. The sentence of death was accordingly remitted by the President, but his name was struck off the army list, and this republican hero, who had forgotten the art of war, went in his old age, broken-hearted and disgraced, to a living grave, with a worm in his vitals, gnawing and torturing him, more terribly than thousands of Indians, practising the most unheard of cruelties could have done, until death, so long denied, came to him, naturally, as a relief.

The circumstance is not a little curious that only three days after General Hull had surrendered to Governor Brocke, Captain Dacres, commanding H.M.S. Guerriere, had surrendered to Captain Isaac Hull, after a most severe action with the American frigate Constitution. The Constitution was most heavily armed for a vessel of that period. On her main deck she carried no less than 30 twenty-four pounders, while on her upper deck she had 24 thirty-two pounders, and two eighteens. In addition to this, for a frigate, unusually heavy armament, there was a piece mounted, under her capstan, resembling seven musket barrels, fixed together with iron bands, the odd concern being discharged by a lock—each barrel threw twenty-five balls, within a few seconds of each other, making 145 from the piece within two minutes. And she was well manned. Her crew consisted of 476 men. The Guerriere mounted only 49 carriage guns, and was manned by only 244 men, and 19 boys. On the 19th of August, the look-out of the Guerriere noticed a sail on the weather beam. The ship was in latitude 40 deg.., 20 N., and in longitude 55 deg.. W., and was steering under a moderate breeze on the starboard tack. The strange sail seemed to be bearing down upon the Guerriere, and it was not long before the discovery was made that the stranger was a man-of-war, of great size and largely masted. Her sailing qualities, under the circumstances, were considerably superior to those of the Guerriere, and it became consequently necessary to prepare for an action, which it was impossible to avoid. At three o'clock, in the afternoon, Captain Dacres, the commander of the British frigate, beat to quarters. An hour later and the enemy was close at hand. She seemed to stand across the Guerriere's bows and Captain Dacres wore ship to avoid a raking fire. No sooner had this manoeuvre been executed than the Guerriere ran up her colours and fired several shots at her opponent, but they fell short. The stranger soon followed the example set to him, and, hoisting American colours, fired in return. Captain Dacres now fully aware of the size, armament and sailing powers of his opponent, wore repeatedly, broadsides being as repeatedly exchanged. While both ships were keeping up a heavy fire, and steering free, the Constitution, at five o'clock, closed on the Guerriere's starboard beam, when the battle raged furiously. Twenty minutes had hardly elapsed when the mizen mast of the Guerriere was shot away, bringing the ship up into the wind, and the carnage on board became terrific. The Constitution, during the confusion, caused by the loss of the Guerriere's mast, was laid across the British frigate's bow, and while one or two of the bow guns of the Guerriere could only be brought to bear upon the Constitution, that vessel scoured the decks of the British ship, with a stream of metal. "At five minutes before six o'clock, says Captain Hull, when within half pistol shot, we commenced a heavy fire from all our guns, double shotted with round and grape." On board the Guerriere, Mr. Grant, who commanded the forecastle, was carried below, the master was shot through the knee; and I, says Captain Dacres, was shot in the back. At twenty minutes past six the fore and mainmasts of the Guerriere went over the side, leaving her an unmanageable wreck. The Constitution ceased firing and shot a-head, her cabin having taken fire from the Guerriere's guns. The Guerriere would have renewed the action, but the wreck of the masts had no sooner been cleared than the spritsail yard went, and the Constitution having no new braces, wore round within pistol shot again to rake her opponent. The crippled ship lay in the trough of the sea, rolling her main deck guns under water. Thirty shots had taken effect in her hull, about five sheets of copper down; the mizen mast, after it fell, had knocked a large hole under her starboard quarter, and she was so completely shattered as to be in a sinking state. The decks were swimming with blood. Fifteen men had been killed and sixty-three had been severely wounded, when Captain Dacres called his officers together and consulted them. Farther waste of life was useless, and the British colours were dropped in submission to those of America. But the result of the contest, though it could not fail to cause great exultation in the United States, reflected no dishonor upon the flag of Britain. A more unequal contest had never before been maintained with such spirit, zeal, skill, or bravery. The battle had lasted for nearly three hours and a half, and the result was the sure effect of size, as all things being otherwise equal, the heavier must overcome the lighter body. When the Guerriere surrendered, it was only to permit her gallant commander, her other officers, and the men, the wounded and the untouched, to be transferred for safety from a watery grave to the Constitution. Captain Hull, the conqueror, told his government that the Guerriere had been totally dismasted and otherwise cut to pieces, so as to make her not worth towing into port. With four feet of water in her hold, she was abandoned and blown up. The Constitution had only the Lieutenant of Marines and six seamen killed, and two officers, four seamen, and one marine wounded.

On each side there was now something to be proud of and something to regret. If the British exulted over the fall of Detroit and the surrender of General Hull, and the United States viewed these occurrences with indescribable pain and a sense of humiliation, the Americans could now boast of the success of their arms at sea, while Britain regretted a disaster upon that element, on which she had long held and yet holds the undisputed mastery. There was now no room for the American government, on the ground of having been too much humiliated, to refuse peace if it were offered to her. Yet peace was refused. Soon after these occurrences the news of the repeal of the Orders in Council reached this continent, and the ground of quarrel being removed, peace was expected, and an armistice was agreed to between the British Governor of Canada, Sir George Prevost and General Dearborn, the American commander-in-chief, on the northern frontier. But the American government, bent upon the conquest of this province, disavowed the armistice and determined upon the vigorous prosecution of the contest. It was then that the Northern States of the American Union, who were the most likely to suffer by the war became clamorous for peace. The whole brunt of the battle, by land, was necessarily to be borne by the State of New York, and the interruption of the transatlantic traffic was to fall with overwhelmingly disastrous pressure upon Massachusetts and Connecticut. Addresses to the President were sent in, one after another, from the Northeastern States, expressing dissatisfaction with the war and the utmost abhorrence of the alliance between imperial France and republican America. They would have none of it, and if French troops were introduced into their States, as auxiliaries, New England would look upon them and would treat them as enemies. Nay, the Northern States went still further. Two of the States, Connecticut and Massachusetts, openly refused to send their contingents or to impose the taxes which had been voted by Congress, and "symptoms of a decided intention to break off from the confederacy were already evinced in the four Northern States, comprising New York, and the most opulent and powerful portions of the Union."[17]

[17] Alison's History of Europe, page 662, vol. 10.

General Brocke, ignorant of the armistice, and indeed it did not affect him, for General Hull had acted under the immediate orders of the American Secretary at War, and was consequently irresponsible to General Dearborn, with the aid of the Lilliputian navy of the Lakes, was maintaining the ascendancy of Great Britain in Upper Canada and Michigan. He was about indeed to make an attempt upon Niagara, to be followed by another upon Sackett's Harbour, with that daring, promptitude and judgment, which was characteristic of the man, when he received instructions from the Governor General to rest a little. Following the advice of the Duke of Wellington, Sir George Prevost had wisely determined not to make a war of aggression with the only handful of troops that could be spared to him from the scene of prouder triumphs and of harder and more important struggles. But the American government, indifferent to the menaces of the Northern Provinces of the Union, and mistaking for weakness the conciliatory advances of Sir George Prevost, soon disturbed the rest of the gallant Brocke. Early on the morning of the 13th of October, a detachment of between a thousand and thirteen hundred men, from the American army of the centre, under the immediate command of Colonel Solomon Van Rensellaer,[18] crossed the river Niagara, and attacked the British position of Queenstown. It was when Van Rensellaer having himself crossed, and the British had been driven from their position, that General Brocke, and about six hundred of the 49th regiment, in the grey of the morning, arrived at the scene of conflict. The Americans being about the same time reinforced by the addition of regulars and militia. General Brocke put himself at the head of the 49th's Grenadiers, and while gallantly cheering them on, he fell mortally wounded, and soon after died. His trusty aid-de-camp, the brave Colonel McDonell, fell beside him, almost at the same moment, never again to rise in life. The 49th fought stoutly for a time, but, discouraged by the loss of the General, they fell back and the position was lost. But the fortune of the day was not yet decided, although Van Rensellaer, with the aid of Mr. Totter, his Lieutenant of Engineers, had somewhat strengthened the recently captured position on the heights. Reinforcements, consisting partly of regular troops, partly of militia, and partly of Chippewa Indians, in all about eight or nine hundred men, came up about three in the afternoon, to strengthen and encourage the discomfitted 49th, under General Roger Sheaffe, who now assumed the command. A combined attack was made on the Americans by the English troops and artillery, in front and flank, while Norton, with a considerable body of Indians, menaced their other extremity. It was entirely successful. The Americans were totally defeated, and one General Officer, (Wadsworth, commanding in the room of General Van Rensellaer, who had re-crossed the river to accelerate the embarkation of the militia, which, though urged, entreated, and commanded to embark, remained idle spectators, while their countrymen were, as the American accounts say, struggling for victory,) two Lieutenant-Colonels, five Majors, and a corresponding number of Captains and subalterns, with nine hundred men, were made prisoners; one gun and two colours were taken; and there were four hundred killed and wounded, while the loss on the side of the British did not exceed seventy men. Thus was the battle won. It had cost England an excellent soldier, a man who thoroughly understood his duty, and felt his position in whatever capacity he was placed. He died at the age of 42, and the remains of this gallant defender of Upper Canada were buried at Fort George, together with those of his aid-de-camp, Colonel McDonell. One grave contained both. General Brocke was buried amidst the tears of those whom he had often led to victory, and amidst the sympathetic sorrowing of even those who had caused his death. Minute guns were fired during the funeral, alike from the American as from the British batteries. Thus it was with the Americans on land. It was, as has been seen, very different on the sea. And the first rencontre took place on the latter element. When war was declared it was with the intention of intercepting the homeward bound West India fleet of British merchantmen. Three frigates, one sloop, and one brig of war, under the command of Captain Rogers, of the American frigate President, were despatched on that errand. It was about three on the morning of the 23rd of June, that Captain Rogers was informed, by an American brig, bound from Madeira to New York, that four days before a fleet of British merchantmen, were seen under convoy of a frigate and a brig, steering to the eastward. Captain Rogers accordingly shaped his course in pursuit of them. At six o'clock in the morning, a sail was descried, which was soon discovered to be a frigate. The signal was made for a chase, and the squadron made all sail on the starboard tack. This being perceived by Captain Byrn, who commanded the British frigate Belvidera, protecting the convoy, he tacked and made all sail, steering northeast by east. It was now eight o'clock in the morning, and the President seemed to be gaining on the Belvidera, leaving her consorts, however, far behind her. About half past three in the afternoon, the President fired three guns, the shot from one of which was terribly destructive. Two men were killed, and Lieutenant Bruce and four men were more or less severely wounded. Broadside after broadside was fired by both vessels soon afterwards, and the President at last bore off. Each party lost about twenty-two men, but the British frigate had the advantage. Her guns were pointed with great skill, and produced a surprising effect, as the American squadron failed in taking the single English frigate, and the whole merchantmen escaped untouched. Indeed after a cruise of twenty days and before the declaration of hostilities was known at sea, the American squadron returned to port, having only captured seven merchantmen.

[18] Alison says under the command of General Wadsworth, but Christie speaks of Brigadier-General Van Rensellaer, while the American accounts speak of Colonel Solomon Van Rensellaer. In this case Mr. Christie and the Americans are to be preferred to Alison.

The action between the Constitution and the Guerriere 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. Regis, 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, Riviere-du-Chene, 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 L1,500 a year, twelve per cent upon such as had L1,000 and upwards, ten per cent upon L500 and upwards, and five per cent upon every L250 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 L1,000 additional for military hospital. Towards the support of the war L25,000 were granted. L400 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 L61,193 currency, and the expenditure, which included the extraordinary amount of L55,000 granted towards the support of the militia, was only L98,777. The arrivals at Quebec numbered 399 vessels of 86,437 tons, and in 1812, twenty vessels were built at the port of Quebec.