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THE 4 VI^^DTCATION OP CAPTAIN JOSEPH TREAT, lATE or TWENTY-riRST KEGIMENT UNITED STATES IVFANTRT, ARAINST THE • ATROCIOUS CALUMJST COMl'IlEHKNaBD IIT MAJOR GENERi\L BROWN'S OFFICIAL REPORT OF THE BATTLE OF CillPPEWAY. *' Who steals mv purse steals ti'asli — 'tis something, nothing; 'Twas mine, 'tis liis, and has been slave to thousands ; But he who filches from me my good name, Robs me of thiit which not enriches him, And makes me poor indeed." Sbakespeabx nilLADELPraA... PRINTED. 1815. I qsibi i I 1 TO JAMES MADISON. PRESIDENT OF THE UNITED STATES. Sir, ^ To whom can I so properly inscribe the fol- lowing sheets, as to yourself? since the abuse which compels me to appeal to your justice, and the public sympathy, reached me through the medium of a com- mission, signed by your hand, and conferred upon me without solicitation. The fitness of the application will I hope supercede the necessity of an apology for the intrusion, and se- cure your approbation of the tresspass I make on your time. To you it will not be improper to remark, what may be well applied to every fellow citizen ; that the rights of persons and of property, and the very existence of the republic, depend on the inflexible maintenance of the letter of the constitution and the law. Admit a latitude of construction for the ex- tension of power, and you throw down the barriers of the public safety, and insensibly mould the palladium of our liberties, into that form which may best suit the grasp of ambition. It is not for redress of my personal injuries, how- ever linnr^fito^^T "•-srI — *■ -I- -U i 1 « vui !.!.=...xivva «aa tAucnu-, ihat i nave ventured to f i i I 4 intrude the recital of those injuries on 3'our attention j proved as they have been by testimony on which a military tribunal has vindicated my honor ; but it is to warn you of the perfidy, the violence, and usurpa- tion, of which the officer is capable, whom blind for- tune has imposed on you for the chief of the national military force ; that you may assert the supremacy of the laws, and prevent the recurrence of similar out- rages, on the rights of those who have the right to look up to you for protection. Every encroachment on ihc laws, however minute, is a step towards despotism ; and therefore the slightest infraction of them should be instantaneously checked ; or the precedents of ye^erday, may become laws to day, and political expediency may readily be converted into stilts for power to-morrow ; mount d on which, those, who administer the governm.ent, may trample the governed into the dust. The articles of war clearly define the few rights of a soldier, and these ought to be stedfastly guarded, as well by a strict observance of the compact with the state, as by that chaste sense of delicacy and honor, which has been considered the peculiar attribute of military men ; but if a military chief, to gratify his ca- price or resentment, or to blazon ibrth his character for sensibilities to which he is a stranger, can rob a subordinate of his sword, and expel him from his legitimate corps, then military tribunals become super- fluous ; by the same exertion of power he may make appointments to command, and thus save the presi- dent of the United States the responsibility of nomi^ nating, and the senate that of confirmation. Or, if a mi'ltary chief may, with impunity, sus- i "J .t -^<. ittention 5 1 which a but it is i iisurpa- blind for- e national upremacy milar out- ht to look r minute, i slightest checked ; e laws to :onverted m which ^ Y trample ights of a larded, as with the id honor, tribute of fy his ca- character ;an rob a from his tie super- ay make he presi- of nomi* [TY, sus- f pcnd an officer from command, on a groundless pretext, and, disdaining all explanation, promise him a court of enquiry into his conduct ; if he may, after making such promise, prejudge the object of his blind wrath, and in an ofiicial despatch recommend that he should be arbitrarily stricken from the honorable rolls of the army, without a hearing, and in violation of the sacred charter of the land : if, when pressed for the promised enquiry, the chief, to elude it, should, by his official organ, inform the applicant that he was not on the rolls, and could not have an enquiry : if, on the declaration of this injured officer, that in the alternative of being refused an enquiry, he should apply to the secretary of war for redress, this chief, dreading the appeal, should suddenly shift his ground, again re- cognize as an officer, the subject of his vengeance, and abandoning the enquiry, which he had repeatedly promised, sheuld charge him with an infamous crime, and cause him to be arrested : if the arrested officer, unaffected by this menace, remaining firm to his pur- pose, should be peremptorily ordered for trial on the od of October, 1814, before a general court martial then in session at Fort Erie, and yet should not be able to procure a copy of the charge on which he was to be arraigned, until the 12th of the same month, on which day said court was dissolved, and he still con- tinued in arrest : if, after repeated subsequent appli- cations for a hearing, this arresed officer could not obtain a trial uniil the 5th of April, 1815, although several general courts martial had been holden during the interval : if, after all these arbitrary delays and denials of justice; a.Ter the denunciation of the chief (on the 5th of July, nine months before) who held "P h,s subordmate as a spectacle of reproach to the rmy and a subject of villification to licentious prL after depr,y.ng him of all participation in the sceie^ of glory wh.ch awaited his comrades in arms : I r^Z ■r, .1 after these multiplied privations, indignities and wrongs, the proceedings of the general court m . al before wh.ch th,s officer was tried, should not furnish a shadow of cause for his arrest ; and if by a solemn court of law and honor, selected by the- accuser him LT he .njured cmzen should be honorably acquitted of the foul offence imputed to him, by the author of his wrongs ,-^:hen I will most respectfully enquire, what .s tne effect of the law, and where is' the lecurity to the feehngs or fame, the rights or interests of subor. dinate officers against the outrages of ignorance and bru..hty? The facts are before you, and the decision must rest upon your own mind. But it can not be overlooked, sir, that in a govern ment whose venality and comiption, has lontj been a popular theme, the hand of criminal justice seized on a military commander, for inflicting an arbitrary punish, ment on a non-commissioned officer, and that governor Wall, in spite of wealth and patronage, for this crime expired on a gibbet. ' Removed from the ranks of honor, and smarting under the sense of the wrongs I have suffered ; I hope I may be excused for invoking your attention to the fundamental interests of the people, over whom you have been called to preside, involved as they have been m a case so extraordinarj' in a free commonwealth ' Suffer not pretensions to services, nor military rink and eclat,_iy whatever means attained, to sanction despotic rule, or screen the oppressor from merited 3 ^1 >ach to the ^us prints ; the scenes i • I repeat, unities, and irt martial, lot furnish ^ a solemn er himself, quitted of :hor of his Liire, what ecurity to of subor- •ance and decision a govern- ig been a ized on a ^ punish- governor is crime, punishment. In your hands I must hope the fountain of justice will continue undefiled ; that men elevated to stations high and honorable, in trust for a ynung and glorious nation, will feel themselves bound to preserve its purity by their vigilance, and at every hazard and cverv sacrifice, transmit the rich inheri- tance to posterity ; nor permit the source to be polluted, because too soon the poison will be diffused to the remotest streams, and then the blood of our fathers will have flowed without effect, and we shall have lived in vain. With the best wishes for your fame, and happiness, and for the honor, prosperity, independence, and jus- tice of our country. 1» »•, with high consideration and respect, Your most obedient, ^lumble servant, JOSEPH TREAT, (Late) Capt. L'ist Infantry, U. S. Army. smarting ; I hope n to the om you ve been, ealth. ary rank sanction merited i I r 1 j i i > 1 ■ > « i i ■^^9» NARRATIVE. srs The wanton and unjustifiable misrepresentation of my conduct, mate Ly major general Brown, in his report of tlie battle of Chippeway, renders it a duty to my country, my friends, and myself, to lay before the public a full and authentic statement of my case— I will, *'A round unvarnisher that for my own, were shewn to me, although I applied specially to the inspector for that purpose. ♦ However, after much difficulty, I found them, and took my position on the margin of the woods, about half a mile in rear of the second brigade, as directed by the assistant in- spector general, major Orne ; the guard was kept in • See depositions of corporals Gale, Fellows and Barton, paeea 193 25, and 29. ' *^ * ' ■ i 10 good order, but contrary to militarj^ rule, was not visited by any officer of the day, although in the prox- imity of the enemy. About eight o'clock on the morning of the fifth, brigade major Clark ordered me to march my guard into camp, and on arriving within fifteen or twenty rods of the left flank of the camp of the second bri- gade, near major Biddle's artillery, 1 was fired on by a party of the enemy who were concealed in the woods on my left flank ; the ground would not admit of a full front, and I was marching at the head of my guard in file : when they were fired upon, some of my men from the rear broke and retreatea; I succeeded in keeping the rest compact, marched with them, and found those who had left me halted by major Biddle ; I immediately incorporated the whale, and took my post on the right ; for a statement of my own conduct and tliat of the guard, I must refer to the testimony adduced on the trial. One of my men was reported to me to be wounded, the route we had taken was through a meadow of very high grass, and as but a few minutes elapsed, he was not at once missed- But he was now found and brought in. Gen. Brown, in his oliicial account of the battle of Chippeway, stated, that he ordered me "on the spot to retire from the army," but this was not the case. The fact is, as stated in testimony, that after I had ordered a wounded man to be removed to camp, general Brown, personally, and ** on the spot," order- ed me to march with my guard into the woods, in pursuit of the same party of the enemy that had fired on mc ; which order I promptly obeyed ; and after marching more than a mile in quest of the enemy, i i 4 i 4 J, was not 1 the prox r the fifth, my guard or twenty- second bri- fired on by 1 the woods ait of a full ly guard in )f my men cceeded in them, and jor Biddle ; id took my wn conduct ; testimony ^as reported taken was id as but a lissed- But the battle of on the spot ot the case, after I had d to camp, pot," order- 2 woods, in lat had fired I ; and after the enemy, 11 who had retired, I returned with my guard in good order to camp, and was then immediately suspended from command by the verbal order of general Brown, delivered me by captain Vose, commanding officer of the 21st regiment. Surprized at this unmerited treatment, and presum- ing that general Brown must have been under an im. pression, that I had left the station at which I had been posted in the night without orders, I requested major Clark to call on the general, and tell him that I had been commanded by him to return to camp. Major Clark did so ; but the general replied to him that, ** he sawthe affair himself, and wished no further information on the subject," and immediately after issued the fol- lowing general order : ^ « GENERAL ORDERS. Adjutant Genet al's Office, Chippeway, July 5, 1814. < < A transaction degrading to the command, occurred under the major general's eye this morning. «* Captain Treat's attempts to excuse himself, in that his detachment was a return picquet, makes the thing worse. *< Captain Treat shall no longer serve in the 21st regiment ; nor in this division, during the campaign. " By order 6f major general Brown, i^Signed) "C.K.GARDNER, «* Adjutant General." That, major general Brown, dares to exercise an authority which belongs exclusively to the law, and by a conduct unprecedented in free governments, brings ■H 12 the cbargCj tries the cause, and passes the judgment, combining in his single person the functions of accuser, witness, jury, and judge. Cut to the soul by this outrage on my honor, in the face of the whole army, I appealed to general Ripley, the commanding officer of the brigade, for advice ; he delicately declined all interference, but recommended me to call on general Brown, and explain my conduct plainly to him, and, if, necessary, request a court of enquiry to examine into it. Accordingly about noon I called on general Brown, at his marquee, and respectfully observed to him, that I wished to explain the causes which had thrown the guard of my command into the disorder in which he had seen it in the morning : The general replied, " I saw the transaction myself, and wish no further infor- mation on the subject : you may retire, sir." About four o'clock in the afternoon, the volunteers and Indians under the command of general Porter, filed to the left, towards Chippeway, and soon met the Indians and right flank of the enemy, whv se whole force had crossed the Chippeway, and were advancing towards our camp. Generals Scott's and Ripley's brigades, which had encamped in parallel lines, were immediately paraded, and gen. Scott's brigade being in from, he advanced over Black-creek bridge ; and, about 5 o'clock, met, fought, and beat, the eneni), on the plains between Black creek and the Chippeway. The battle lasted nearly an hour, during which period, gen. Ripley, with his brigade, remained under arms, in full view of the engagement, awaiting orders % L5 judgment, ; of accuser, onor, in the *ral Ripley, advice ; he ommended ny conduct t a court of iral Brown, :o him, that thrown the 1 which he replied, " I irther infor- r. >j volunteers :ral Porter, )on met the hv se whole i advancintr which had ly paraded, 2 advanced clock, met, IS between ring which lined under ting orders ;i i from general Brown ; but he received none, until the enemy was beaten and had began to retire, when gen. Ripley received orders to advance by the skirt of the woods on his left, and turn the enemy's right flank ; which orders were executed with all the promptitude possible, under the circumstances of the ground ; but the order came too late, and of consequence the enemy, whose whole force might have been taken, was suf- fered to effect his retreat over the Chippeway. The cause of general Brown's having kept the second brigade stationary, and in camp, while the first brigade was engaged with a superior force, in its front, when by a simple co-operative movement, made seasonably, the enemy might have been compelled to surrender, remains to be explained. When the 21st regiment paraded, I, having been suspended from command, volunteered my services with a musket ; and on the movement of the regiment to flank the enemy, such was the confidence placer^ in me by major Vose, who was then the commanding officer of the regiment, that he requested me to lead a platoon. On the sixth, I again called on general Brown, and demanded a court of enquiry, v.hich he tlien promised to order for me, so soon as the situation of tlie army would permit ; and at the same time gave me per- mission to take up my residence in the town of Buf- flilo, in which place he arrived on the 26th or 27th ; and there again, on the 3.Ah, I renewed my demand for a court of enquiry ; which was again promised mc by genei-al Brown, through his aid-de-camp, major Austin, at the close of die camp.iign, or soonei it the Situation 01 me army snuula venuer u pia-v .iv,«w4^ 1 -\ I g^ '\t I t ( ■ 1* Seeing no immediate prospect of obtaining justice, or being' restored to m}- command, I requested, and ' obtained permission to be absent, until the second of October, at which time I returned to Fort Erie, and reported to the adjutant general, colonel Gardner, and once more demanded a court of enquiry. He observed, *' it is too late to obtain a court of en- quiry, for you are now off the rolls of the army, and cannot have an enquiry or a trial." I observed to him, that, although I might be im- properly struck off the rolls, I presumed that general Brown, having promised me a court, would not forfeit his word ; I added, that if he would not grant my re- quest, I must immediately apply to the secretary of war for ixdrcss. Colonel Gai dner then said, he would inform gene- ral Brown, and give me an answer the next day. On the 3d October, I called on colonel Gardner, when he inlbrmed me, that general Brown had ordered him to place me in arrest, in which situation I was then to consider myself, for trial before a general court mar- tial then sitting at Erie, and that the charges would be produced before the court on the 4th. I had the liberty of the camp until the 7th, on which day I was order-ed to confine myself to my quarters ; but on application to the adjutant general, I was allow- ed the limits cf the guai'ds. The charge against me was handed to the court on the 1 1th, a copy of which was delivered to me by ciptain Watson, the judge advocate, on the morning of the 12th, but on that day the court was dissolved. On the 13th, general Izard having assumed the fonimand, the army marched down the Niagara. • :aining justice, equested, and the second of Fort Erie, and i Gardner, and • a court of en- he army, and might be im- d that general )uld not forfeit : grant my re- i secretary of inform gene- lext day. onel Gardner, n had ordered ion I was then ral court mar- harges would • 7th, on which my quarters ; , I was allow- the court on red to me by I the morning vas dissolved, assumed thr Niagara. '^4 15 T was permitted to return to the town of Buffulo, where I was compelled to remam unt.l the 1st ol November; when 1 applied to major general Izard, and obtained his permission to repa.r to Sackett s Harbor, whither genend Brown had marched with his division, leaving me behind him, in confinement. I arrived at Sackett's Harbor on the 24th of Novem- ber, reported to the adjutant general, and here agam demanded a trial before a general court martial then sitting at that place ; but-the court was not furnished with the charges against me. About the 1st of January, 1815, at my request, a general court martial was ordered, of which col«ne. Bedel was president, and captain Pratt, judge advo- C3.t6 But on the Uth I was informed that the court was not furnished with any charges against me, and that gen. Brown could not attend to my trial until alter hik return from Washington, for which place he would set off in a few days. This court was also dissolved (I think) in March. Finally, after sufTering nine months unmerited disgrace, during three of which the arbitrary will of eeneral Brown, prostrated law and justice, and after my sixth application, on the 5th of April, a general court martial was ordered for my trial, of which coL M*Feeley was president, and lieutenant Anderson, judge advocate. The court met on the 6th. There was still an embarrassment respecting charges ; none had been de- livered to the court— and, to remove this obstruction to my trial, I called on colonel Jones, the adjutant fi It general, who informed me that he was not in possesr sion of a charge against me. I then tendered to him the copy of the charge, with which I had been served in October, which colonel Jones showed to general Brown, who approved it, and added colonel Gardner to the list of witnesses ; it was handed to the court on the 14th April, when my trial commenced, which terminated on the 8th of May, 1815, in my honorable acquit laL But once more the hand of juctice was arrested by my persecutor, and it was not till the 24th of June, that he deigned to act upon the sentence of the court, and set me at liberty. It was, no doubt, an unwelccuie office to the general, to be obliged to acknowlege the honorable acquittal of an officer whom he had so wantonly and unjustly accused, and so far his tardiness may be palliated. But, the manner in which miijor general Brown discharged this last duty to his victim is worthy of record,* as it paints in glowing colors the character- istics of his mind ; and when this shameful evidence of his conduct and disposition is compared wi :h his report of the battle of Bridgewater, the situation of an officer, under such a commander, can never be very enviable nor desirable by any one who respects hini- lielf or his profession, JOSKPII TREAT, .-.■ - (Late) Captain '2l8t Infontiy. . * See his approval of the sentence of the court martial. lot in possesr ; charge, ^vith vhich colonel Droved it, and witnesses ; it ril, when my 2 8th of May, s arrested by !4th of June, of the court, 3 the general, ble acquittal and unjustly palliated, leral Brown s worthy of lie character- ^fui evidence red wi:h his tuation of an ^ver be very :?spects him- PREAT, in 'ilst Infantry. . naitial. PROCEEDINGS A GENERAL COURT MARTIAL5 HELD JiT SACKETTS HARBOR^ IN THE STATE OF NEW YORK, BY VIRTUE OF THE FOLLOWING ORDER. " GENERAL ORDERS. « Sackett's HarboivApril 5, 1815. ** A general court martial of seven members, will convene to-morrow, at 10 o'clock, in the quarters lately occupied by lieutenant col. Smith, for the trial of captain Treat, and such persons as may be brought before it. Colonel M*FEELEY, President. MEMBERS. Lieut. Col. Smith, Major M*Ij.hennt, Major Crookek, Captain Crane, Captain Boyle, Captain White. Captain SEYMorn, Supernumerary. Lieut. Anderson, 13th Inf. Judge Advocate. 7f !*\1 - APRIL 6, 1815. The court met in obedience to the above order. PRESENT. Col. M'Feeley, President ; lieut. col. Smith, major M'llhenny, major Crooker, capt. Boyle, capt. Whito^ c 18 capt. Seymour, Members; licut. Anderson, Judge Advocate. The court was informed, by a . ote from the adju- tant general's office, that the indisposition of captain Crane would prevent his attendance ; in consequence his place was supplied by captain Seymour, the super- numerary. From not having received the charges in the case of captain Treat, his case was deferred until, FBJDAT, APRll 14, 1815. PRESENT. Colonel M'Feeley, President: lieut. col. Smith, major M*Ilhenny, major Crooker, captain Boyle, captam White, captain Seymour, Members; lieut. Anderson, Judge Advocate. The court next took up the case of captain Joseph i'reat, 21st infantry, who, having previously heard the court sworn, and been asked if he had any objections to any of the members of the court, and replying in the negative, was arraigned on the following charge and specification, preferred against him by colonel C. K. Gardner, adjutant general, on an order from major general Brown. Charge — Cowardice before the enemy. Specification — When commanding a return picquet, which was fired on by a small party of the enemy, at the plains of Chip^ ay, on the morning of the 5th July, 1815 — running in a cowardly manner with nis picquet guard from the fire of this party of the enemy — and misbehaving himself in sight of the enemy, in his manner of retreating before this party. € « •son, Judge m. the adju- n of captain :onsequencc r, the super- in the case itil, 1 cbl. Smith, itain Boyle, bers ; lieut. ptain Joseph ily heard the ly objections L replying in wing charge y colonel C. r from major ig a return party of the e morning of irdly manner this party of in sight of J before this 4 M 19 To which charge and specification the prisoner li\Q2idQd '-' not guilty,'" Corporal Gale, 2 U^ infantry, witness for the pro- secution, duly sworn, says : After our brigade arrived at Chippe^vay, a picquet was wanted to fill up the va- cancy that the sentinels of the other brigade did not fill. It was about 12 o'clock at night when the bri- • gade arrived; immediately upon arriving, captpin Treat was ordered to take charge of a picquet ; to fill up the vacancies that the other picquet did not ; I be- longed to the picquet. Capt. Treat asked the officer who gave him charge of the picquet, to go with him and shew him where to station it. He told captain Treat, it was no use to go ; he could find it as well as himself. Capt. Treat marched the picquet on, and found the end of the line of sentinels of the other pic- quet. It being dark, it was some time before captain Treat could find the sentinels of the picquet. He then placed his sentinels, but they would not reach to the other picquet which he had not found. He then sta- tioned his guard at a place, and went in search of the other picquet, but could not find it. He then return- ed, took a sergeant with him and went again, and then found it; after he had found it, he took sentinels enough to reach from the first picquet he had found unto the next one. He then returned and took a patrole out to patrole from the guard to Black Creek ; next morning about 7 or 8 o'clock, the brigade major, I believe, came and ordered the picquet in immediately ; there being some firing of small arms towards Chip-r peway. He immediately called in his sentinels, march- ed in double files towards canip ; we had got about opposite the other picquet, they were betwixt us aii4 ! sa the woods ; it was very tall grass, and we did not sec the picquet ; they were sitting down ; as soon as the firing commenced, they rose up ; I thought, as well as others, that it was the picquet firing upon us. A number of our men rose and asked the other picquet Xvhy they were firing on their own men. A great part of the guard were new recruits, and as they kept a firing, many of them fell back ; as they fell back capt. Treat spoke to them and ordered them to form. It did not seem to answer much purpose ; they continu- ed falling back ; he repeated it a second time, told them to halt and form ; by that time a great part of the guard had got to the fence, about five or six rods from where we had been fired upon. Capt. Treat followed after them to try to stop them ; by the time he got to the fence, a number of the men had got as far back as where capt. Biddle's artillery was ; those who had got there, capt. Biddle stopped. Capt. Bid- die came up to the fence where capt. Treat had stop. ped the main part of his guard. One of the men spoke and said, that there was a man wounded in the field ; capt. Treat said he did not know there was one there, but immediately marched his guard back and brought him off. Gen. Brown came up and told him to march his guard to where he had been fired upon. In search of the enemy. He immediately marched them, but found no one ; he marched them about a mile— I should say into the woods, till he came to a small road, and there an officer came up and told him to march his picquet into camp ; he then marched the picquet in. I cannot say positively, but believe it was the day we had the battle of Chinnewav. Whrn - I i. - —s - - * ^ .-^ItJl I did not sec oon as the ht, as well on us. A ler picqiiet ^ great part hey kept a back capt. I form. It jy continu- time, told eat part of 3r six rods 'apt. Treat y the time had got as ras ; those Capt. Bid- had stop- f the men ided in the xe was one I back and d told him ired upon, r marched m about a came to a d told him larched the believe it IV- When capt. Treat was on the picquet, he complained and seemed to be very lame. Question. By the Coz/r^—During the fire upon your picquet, did capt. Treat appear to be cool and collected ? • Answer. He did ; very much so. Q. By the Court,— T>o you know the strength of the party ot the enemy who fired upon you ? A. I do not ; I did not see them. Q. By the Judge Advocate. — Did you ascertain that it was not the other picquet who fired upon you ? A. Afterwards we did, from the smoke appearing in the edge of the woods. Q. By the Court. — Did capt. Treat exert himself to stop those men who retreated to capt. Biddle's ar- tillery ? A. He appeared to try all in his power to stop them, as I thought ; the left of the picquet, as he was march- ing in double files, fell off; he told them to stop a number of times. Q. By the Court. — Did capt. Treat bring the guard into camp in good order ? A. He did ; the wounded were carried in before capt. Treat marched the guard into the \voods ? Q. By the Court. — Were all the guaru marched in- to camp except those that were wounded '? A. All except four; four it took to carry the man ©ff that was badly wounded ; the others thiit were Wounded marched themselves. Q. By the Court. — How many were wounded ? A. Three ; one of which was accidentally by A bayonet in his leg by one of our own men. Q. By the Friso:ier.'—l\o\r far was tlie guard from 1 I M m 22 major Biddle's artillery when fired iij.'jn by the ene- my ? A. I think it was six or seven rods from major Biddlc's artillery to the fence, and five or six from the fence to where we were fired upon. Q. i?// the Ptisoner. — Was not the |]juard when fired upon directly in front of major Biddle's artillery? A, The guard appeared to be in a direct course between major Biddlc's artillery and the enemy ; the men who fell buck said that they thought major Bid- dlc's artillery Avas about to fire, and they were in the way of it. Q. By the Prisoner. — On the first fire did not many of the men kneel down in the grass, and did not 1 immediately order them to rise and face to the left, the direction from which the firing was? A. You did ; such was the case. Q. By the Prisoner. — Did not the guard break im- mediately after the second fire, and about half the guard retreat over the fence to major Biddle's artil- lery? A. They did ; I should judge it was about half the guard who retreated. - Q. By the Prisoner. — Did not I repeatedly order the men to halt and form, previous to major Biddle's halting them ? A. You did, and halted about half the guard at the fence. Q. By the Prisoner. — Was not I in rear of the men who broke from the guard, and between them andthecnemv? - A. You were^ . Q. By th Prisoner. — Did you hear me give any m 23 by the cne- from major ■ six from the p^uard when e's artillery? ircct course enemy ; the major Bid- ^vere in the fire did not ss, and did I face to the as? •d break im- )ut half the ddle's artil- )out half the itedly order jor Biddle's guard at the rear of the tvveen them m I orders for the men to retreat, previously to my order- ing them to retreat for the purpose of forming them on those halted by major Biddie ? A. I did not. Q. By the Prisoner. — Did tnajor BidcUe or mi/self^ order tlie guard to march to the place where the wounded man lay» after receiving orders for that pur- pose from general Brown ? A. Captain Treat took command of tlie guard and marched them back. Q. By the Prisoner. — After arriving where the wounded man lay, did not / order som .f the men to carry him into camp to the surgeon's tent? A. I do not recollect as to the surgeon's tent ; but you ordered them to carry him into camp. Q. By the Prisoner. — Did major Biddie accomp^^ny the guard any further than to the wounded man ? A. He did not any further than that, and I do not know of his going any further th-.n to the fence. Q. By the Prisoner. — Did you consider that major Biddie assumed the command of the guard, or did you hear him give any orders for their movement, or any words of command to the guard after halting the men near his artillery ? A. I did not. Q. By the Court. — Was there a subaltern in this guard? A. There was. Q. By the Court. — Who was he ? A. 1 do not knew, but believe he belonged to the 17th infantry. Q. By the Court* — Of what number did the guard consist ? . le give any i I ii 2* A. About forty privates. Q. Bt/ the Court. — Did gen. Brown give the order to captain Treat to march into the field and bring off the wounded man ? A. T did not hear him. Q. By the Court. — Did general Brown come up to the guard before the wounded man was brought from the field? A. I believe they were about formed to march back when general Brown arrived ; but I am not certain. The court adjourned until to-morrow, 10 o'clock, A.M. SATURDAY, APRIL 15, 1815. The court mtt pursuant to adjournment. PRESENT. Colonel M'Fcely, President; lieut. col. Smith, raajor M'llhenny, major Crooker, captain Boyle, and captain Seymour, Members; lieut. Anderson, Judge Advocate. On account of the indisposition and absence of captain White, the court adjourned until Monday, |^ o'clock, A. M. MONDAY, APIIIL 17, 1815. The court met pursuant to adjournment. MiESENT. f'' Colonel M'Feeley, President ; lieut. colonel Smith, major M'llhenny, major Crooker, captain Boyle, and captain Seymour, Members ; lieut. Anderson, Judge Advocate. On account of the continued indisposition and ab- sence of capt. White, the court adjourned until to- morrow, 10 o'clock, A. M. Jld give the order and bring off 'n come up to brought from to march back 1 not certain. ', 10 o'clock. nt. col. Smith, ptain Boyle, t. Anderson, i absence of Monday, yi It. )lonel Smith, I Boyle, and jrson, Judge tion and ab- led until to- # TUESDAY, Ai'BIL 18, 1815. The court met pursuant to adjournment. PRESr.NT. Colonel M'Feeley, President ; lieut. colonel Smith, major M*Ilhenny, major Crooker, captain Boyle, captain White, and capt. Seymour, Members ; lieut. Anderson, Judge Advocate. Corporal Fellows, 2 l^f infantry, witness for pro- secution, duly sworn, says : On the night of the 4th July, 1814, at about 11 or 12 o'clock, I was detailed, on our first arrival at the plains, where we encamped, for a picquet guard, commanded by captain Treat.— Major Orne, inspector general, ordered him to station his guard, so as to fill up a particular vacancy between two others. Capt. Treat desired him to go with him to shew him where it was ; major Orne pointed out a particular direction, told him it was somewhere in that direction, but did not know exactly where ; that capt. Treat could find it as well as he could. Accordingly capt. Treat marched his guard in that direction, and after some time found the sentinels of one of the guards ; he proceeded from that and posted his senti- nels out in the direction of their line, but found no other guard ; I think he sent a sergeant next, to look for the other f>;uard — he returned without finding it ; he afterwards went himself with a sergeant to look for it ; after a considerable time he found where the other guard was. He then altered the line of sentinels he had placed, so as to extend from one guard to the other. We were not disturbed during the night, nor visited by any officer ; immediately after placing the sentinels anew, there was a patrole sent out. Next morning about 7 or 8 o'clock, the D i I !^ 26 brigade tnajor came with orders to take off his guard and march them in immediately ; he then had the sentinels taken off post, the guard formed, and march- ed them towards camp in files. When we were about two thirds of the way to camp, we were fired upon by a party on our left, from the woods. Upon their firing I faced round myself towards the left, and saw a smoke in the woods ; saw no enemy, but the smoke alone. Upon the first fire a considei able part of the the men lay down in the grass ; I myself took my musket and cocked it, expecting we should have an order to fire. By that time I discovered some of the guard falling back ; I expected by that there had been an order for it from the officer ; as I was in the rear it would have been difficult for me to hear the word of of command ; I did not hear. Soon after the first ones began to fall back, they all, I believe, faced round and began to retreat. Upon that, captain Treat spoke out pretty loudly, to halt and form, several times. By that time the forward ones had got to a large felled tree, for- ward of us in the direction of our line ; I expected the guard would form behind that tree, as it was but a little distance where we started from. Accordingly a considerable part of them stopped behind this tree and commenced a fire. As the rest of them continued to fall back they followed after them, till they came up to a fence near captain Biddle's artillery. By this "'time the ones who had first fallen back and kept for- ward, had got nearly to captain Biddle's company ; when captam Biddle turned out, halted them, and ordered them back. I cannot exactly recollect whether captain Treat marched the part of the guard with him, to that part of it halted by captain Biddle, ; off his guard : then had the ?d, and march- vve were about : fired upon by Upon their left, and saw but the smoke )le part of the yself took my hould have an d some of the there had been as in the rear, ar the word of r the first ones :ed round and reat spoke out imes. By that elled tree, for- [ expected the it was but a Accordingly hind this tree em continued they came up ^ry. By this and kept for- e's company ; d them, and itlv recollect of the guard ptain Biddle, or that part of it joined captain Treat ; but the two were formed together. At that time general Brown came up to us. One of the men then mentioned, there was a wounded man left behind. General Brown asked captain Treat why he had left the man on the ground. He answered, he did not know there was a man wounded. The man who was wounded, was wounded near the rear of the guard ; the grass was so high that the man could be seen but a short dis- tance after falling. General Brow n then ordereid capt. Treat to march his guard to the ground and bring off the mai> that was wounded. He marched his guard unto the ground. He then received another fire, which wounded another man, not so as to disable him from s-etting off himself. Captain Treat then ordered some men from the right to take the man who had first been wounded to camp ; he then marched his guard tp th^e woods in the direction he saw the smoke. When we came up to the place, the enemy had left it. pie then marched his guard some way in that direction, into the woods, till we came to a road ; we discoverefl no enemy. He then followed the road to the left, and §oon met colonel Gardner, adjutant general; he ordered the guard to return to camp. Captain Treat then marched the guard to camp and dismissed it. Q. £y the Cowrr.— Did captain Treat at the time his guard was attacked exhibit any marks of fear or trepidation ? A. I did not notice that he did. Q. By the C'owrr.— Did he, in your opinion, exert himself to prevent his guard from retreating, and fropi any misbehavior before the enemy ? A. I think he did. ,! 28 i I ii Q. £t/ the Court. — Do you know what led captain "treaty after he had returned into the field for the tvounded man, to march in the direction of the enemy ? A. It was general Brown's orders. Qi' By the Court, — When general Brown ordered capt. Treat to march his guard to bring off the wound- ed man, was not his guai'd already formed for that purpose by capt. Treat? ... , A. The guard was formed by capt. Treat : I do not know for what purpose. Q. By the Court, — Wliere was capt Treat when the first man was wounded ? A. He was in front of his guard as they were march- iiig in files tow^ards camp. Q. By the Prisoner, — At what distance was the gltard from major Biddle's artillery when fired on by the enemy ? , . A. I think about ten or twelve rods. Q. By the Prisoner. --At what distance do you thitik tlie enemy was from the guard when fired on ? A. I think about sixty rdds. Q. By the Prisoher.'^bid major Biddle give any Words of command to any other {)art of the guard ex* cept those he halted ? A. I do not recollect that he did. Q. iy th^ Prisoner, -^W^^ not the guard compos- ed mostly of new recruits t A. Part were new recruits; I cannot tell what number. Q. By the Caf/nf.^What was the strength of this guard? ^ A. I think there was about fifty non-commissioned officers and privates including the patrole of riflemen ; hat led captain e field for the of the enemy? 3ro\vn ordered off the wound- brmed for that . Treat : I do . Treat when y were march- ance was the m fired on by itance do you len fired on ? Idle give any the guard ex* uard compos. lot tell what rength of this commissioned ; of riflemen ; ^ m the whole commanded by capt. Treat, and a subaltern whom I did not knovv» Q. Bi/ the jPmf?«tT.— Was the guard kept in good order during the night, and when marched into mp, until fired on ? A. It was. Q. Bif the Co«rf.— Was the guard finally con- ducted into camp in good order, when ordered in by colonel Gardner ? A. It was. The court then adjourned until to-morrow, at 10 o'clock, A. M. WEMNESDAY, APRIL 19, 1815, The court met pursuant to adjournment. ' PRESENT. Colonel M'Feeley, President ; lieut. col. Smith, major M*Ilhenny, major Crooker, captain Boyle, captain White, and captain Seymour, Members; lieut. Anderson, Judge Advocate. Corporal Barton, 2 U^ infantry, witness for prose- cution, sworn, says; On the evening of t^>- 4th July, 1814, between 11 and 12 o'clock, I was detailed for picquet guard, under the command of captain Treat. Major Orne, assistant inspector general, came to the guard and ordered capt. Treat to take post; capt. Treat asked major Orne, where the guard was to be posted ; major Orne pointed to the woods in the direction the guard was to march ; the reply major Orne nindc to captain Treat, when he asked him where tlie guard was to be posted, was, that he did not know exactly himself; but told him it was to fill up the vacancy between the guards already posted. CnpUiin Treat ' i f 1 i i ' i lii- ■llll started ^vith his guard ; major Ornc went a few rods with him ar.d returned ba^k ; after some time we came up to a sentinel of one of the guards ; captain Treat went ffoni him to where the guard was stationed ; the guard of capti'iii Treat remained with the sentinel ; wlien captain Treat returned, he said he could get no information where the other guard was stationed; captain Treat started with the guard again, and it was some time before he found the other guard; when captain Treat found ^^here his guard was to be sta- tioned, he ordered the relief to be taken off, and accord- ingly it Mas ; the relit f was posted ; captain Treat went himself with it ; when captain Treat returned, he ordered a patrole sent ; patroles were kept out during the night ; the guard, I thought, was kept in good order during the night ; it v\'as not visited by the offi. cer of the day, or any other officer, until 7 or 8 o^clock next morning, when lieutenant Clark, brigade major, second brigade, came to the guard and ordered captain Treat to call in his sentinels, and march his guard immediately into camp ; the sentinels were called in and were marching into camp; when thy arrived to within about fifteen rods, I should say, of the left flank of the camp, where captain Biddle's company of artillery was stationed, the guard was fired on from the woods; at which the men generally squatted down in the grass ; the grass was very high ; captain Treat immediately ordered the men to rise and front ; the men rose up and directly we received another fire ; upon which a number of the men, I should say nearly twenty, from the rear flank of the guard, bi oke and run tOA^ai ds camp ; captain Treat ordered them repeatedly to halt and form ; the men dkl not pay any regard to *- -m tvcnt a few rods le time we came ; captain Treat 5 stationed ; the h the sentinel ; he could get no was stationed; ^ain, and it was r guard; when was to be sta- ofF, and accord- captain Trejit eat returned, he ccpt out during i kept in good ited by the offi- il 7 or 8 o'clock brigade major, ordered captain arch his guard were called in th y arrived to ay, of the left "'s company of fired on from rally squatted high; captain rise and front ; d another fire ; )uld say nearly broke and run lem repeatedly any regard to • i ■fl 31 what he said ; they run until they got near captain Biddle's artillery, \\hen captain Eiddle turned out and halted the men. About the time the men were halted by captam Biddlc, I heard some person from towards camp, near captain Biddle's artillery, say, as if they spoke to captain Treat, ** Clear away for the artillery ;" captain Treat then ordered the men \^ho Mere with him, to march up to where those were Mho had been halted by captain Biddle ; when he marched up to where the men who had been halted by captain Biddle were, captain Treat ordered one of the sergeants to count them, and see if they were all present ; about that time general Brown came up ; I heard the ser- geant observe to captain Treat, that there was one man left behind wounded, where the guard was fired upon ; general Brown ordered captain Treat to march his guard back and fetch off the wounded man ; the guard was marched back, and the man was found, and ci.pt. Treat ordered a corporal and three men to take him im- mediately into camp. Gen. Brown then ordered capt. Treat to march his guard into the woods in pursuit of the enemy ; captain Treat immediately marched his men into the woods, \\ hence the firing was ; the guard had marched into the woods a piece ; we saw a partv of men ; captain Treat then ordered the guard to halt'; he found they were a party of our own men out ; they were marching in the same direction captain I'leat was marching his guard ; captain Treat then turntct with his guard to the left, and took a circuit through the woods, I should judge about a mile; made no discoveries of any enemy ; marched out into an old road; when colonel Gardner, adjutant general, rode up to captain Treat and ordei-ed liim to marcli his * J I ill ! n< f !i \ll guard into camp ; the guard accordingly was marched in and dismissed. Q. Bjj the Court. — Did capt. Treat appear cool and collected \vheii fired on by the enemy ? A. I th();ight he did. Q. By the Prisoner, — Did you hear me give any orders for the men to retreat, previous to marching the men up to form on those halted by major Biddle ? A. I did not. , Q. £^ the Pviso7ier. — Did I not use exertions to prevent the men from running? A. I thought so ; capt. Treat repeatedly ordered the men to stop and form themselves. Q. By the Prisoner, — Did yoii know that there was a man left ^vounded on the field until the guard was formed near capt. Biddle 's artillery ? A. I did not. Q. By the Frisonenr^At what flank of the guard were you? A. In front, when marching in files. Q. By the Prisoner. — What distance do you sup- pose it was from where the guard was fired on, to the woods ^vhere the enemy was posted ? A. I should judge it was at least eighty rods. Q. By the Prisoner.-^Did I not halt the part of the guard that was with me, at or near a large tree and fence, and order them to make ready, about the time some person cried out " clear away for the artillery'* ? A. You did. Q. By the Pmowm-~Was not the guard compos- ed mostly of new recruits ? A. I should say about half of it was. ' 3d ly was marched eat appear cool my ? ar mc give any o marchirjj the jor BiddleV sc exertions to eatedly ordered now that there until the guard ik of the guard e do you sup- fired on, to the hty rods, the part of the large tree and about the time the artillery' » ? guard compos- 4 •I 4 m Q. By the Prisoner, — Did you at any time see the party of the enemy who fired at you ? A. I did not. Q. By the Prisoner. — Did you consider capt. Bid- die as assuming command, or did you hear him give any words of command, except halting those who re- treated to his artillery ? A. I did not consider him as taking command, and the only order I heard him give was, to pulldown two or three Icnc^ths of the fence. Q. By the Judge Advocate. — Was capt. Biddlc's artillery directly upon the flank of the camp, or some distance from it ? A. It was near the flank, but I think there was a part of the 23d on the left of it. Q. By the Court. — V\ hat regiments did the guard belong to ? A. The 21st, and a company of the 17th, attached to the 21st. Q. By the Court.— W^rc the recK.its of the 21st, or of the 17th? A. Of both. Q. By the Court. — How could you tell that those of the 17th were I. bruits? A. They were encamped next to the company that I belonged to ; and frequently told me that scarcely any of them had ever been in action. Q. By the Court. — Do you know the reason of capt. Treat's halting his guard when he saw a party of men in the woods ? A. He ordered the guard to halt ; for that he dis- co\'ered some men, and did not know but that they ^vere the enemy. ii'ilil': m I ■ 1 il I III mi I ! U! I. |i ' ril'i i i 8i Q. By the Prisoner. — Were not most of the men of the guard who were detailed from the 21st, from capt. Vose's company of new recruits ? A. There was a number of them from that compa- ny ; I cannot exactly tell the number. Q. By the Prisoner, — Had the guard been regular- ly detailed ? A. They were taken from the right of the regiment, consisting of the 17th, and part of capt. Vose's com- pany. Q. By the Court, — Do you recollect of the guard being fired on, and a man wounded, at the time capt. Treat marched back for the wounded man ? A. The guard was fired on, and a man wounded through the shoulder. Q. By the Court, — Did capt. Treat appear to be intimidated when he first saw the party in the woods ? A. I did not observe that he did. The court then adjourned until to-morrow, 10 o'clock, A. M. THURSDAY, APRIL 20, 1815. The court met pursuant to f.djournment. PRESENT. Colonel M'Fceley, President ; lieut. col. Smith, major M'llhenny, major Crooker, captain Boyle, captain White, and captain Seymour, Members; lieut. Anderson, Judge Advocate. Sergeant Holt, 2\st Infantry^ witness for prosecu- tion, sworn: On the evening cl the 4th July last, I was on the plains near Chippeway ; was detailed for picquet guard under the command of captain Treat. Captain Treat received orders from major Orne, that lost of the men 1 the 21st, from rom that compa- t ird been regular- of the regiment, pt. Vose's com- lect of the guard It the time capt. man ? I man wounded ;at appear to be y m the woods f to-morrow, 10 15. iment. ait. col. Smith, captain Boyle, our, Members; ess for prosecu- 4th Tuly last, I was detailed for : captain Treat, lajor Orne, that f U his guard was to be pasted to fill up a vacancy between two other guards, that were then posted. Captain Treat asked major Orne, if he would go with him and shew him where the guards were. Major Orne told captain Treat that he did not know where the guards were himself, but that he must march his in, and find them. Aftrr a good deal of difficulty, captain Treat found the guards, and posted his senti- nels and sent out a patrole. The guard was kept in good order during the night ; the guard was not visited by any officer during night ; until next morning about 7 or 8 o'clock, when lieutenant Cla^^', the brigade major, came to captain Treat, and ordered him to march his guard immediately into camp. Captain Treat called in his sentinels, and started his guard to march into camp ; and had got to within fifteen or twenty rods of the left flank of our camp, when we were fired upon by the enemy ; the men seemed to lie down in the grass the first fire ; captain Treat ordered them to rise and form facing the woods ; the men rose, and as they received the second fire, part of them, from fifteen to twenty, broke and ran towards captain Biddle's artillery ; captain Treat was very lame at that time ; he ordered the men to halt and form ; they paid no attention, until they were halted by captain Biddle ; then captain Treat marched his guard up to captain Biddle, and sent a sergeant out to see if there were any missing ; the sergeant told capt* Treat that there was one wounded ; general Brown came up at the same time, and told captain Treat to march his guard back and bring off the wounded man ; captain Treat marched his guard back, and sent thrc^ HI M ' [j 1 i 1 i 1 ' ■■ s I ] ' .1 Mi or four of the men to carry the ^v•olmded man into camp ; then general Brown ordered captain Treat to inarch Iiis guard into the woods in pursuit of the enemy ; captain Treat marched in nearly a mile, and discovered no enemy ; he came out to an old Voad where he expected the enemy had retreated, and col Gardner came up and ordered captain Treat to march his guard mto camp ; captain Treat marched his guard into camp, and they were discharged. Q. % t/ie Prisoner.^ At what distance do you fired onr"'"''^ """"'^ ^""^^ ^''" ^'''"' '^'' ^^'"'^ '^^^'^" A. About eighty rods. Q. % //.. PnWr.-Did you at any time discover the party of the enemy who fired on the ^uard ? A. I did not. - .-* Q. % t&e Prisoner.-^When the guard broke, did I not use every possible exertion to halt and form it? A, You did. Q. % t/^^ Pmoner.^md I not halt the part of the guard that remained with me, near the fence, and order them to make ready ? ^"'titi A. You did. , Q. % rbe Frisonen^Did you not at that time hear some person call out to me to ^* Clear away for the artillery to rake the woods ?»' ^ A. I did ; but did not know who it was.^ - Q. B^the CW^^VVas there a picquet guard of the American army in the direction of the enLy that fired upon you, and between you and them ^ . J:7t? To""'" '"'' - ' ^'°"^' '''' '' ^- - -v--e niw.x, nho uppcarea to be scattered. inded man into :aptain Treat to pursuit of the irly a mile, and to an old road eated, and col. Treat to march rched his guard stance do you he guard uhen ^ time discover 2 guard? 'd broke, did I ndform it? the part of the lice, and order at that time ^lear away for i^as. [uet guard of le enemy that say, of ten or i 37 Q. By the Court. — What became of that guard? A. I believe thev remained there; but I don't know m what became of them. Q. By the Court, — When the guard reti ....^d to the field to bring off the wounded man, what occurred there ; were you not fired upon again ? A. Captain Treat ordered the wounded man to be carried into camp, and the guard then marched into the woods ; I do not recollect that we were fired upon. Q. By the Court. — During the fire of the enemy uj)on the guard, did captain Treat appear to be per- fectly cool and collected? A. I saw nothing in him but what he was. Q. By the Court. — Did captain Treat finally march his guard into camp in good order? A. He did. The court then adjourned until to-morrow, IG ©'clock, A. M. FRIDAY, APRIL 21, 1815. The court met pursuant to adjournment. PR' SK\'T. Colonel M'Feeley, President ; lieut. col. Smithy major M*Ilhenny, major Crooker, captain Boyle, captain White, and captain Seymour, Members ; lieut. Anderson, Judge Advocate. On account of the absence of witnesses in the case of capt. Treat, the court adjourned until to morrow, 10 o'clock, A. M. 38 . :!!? h'lf I'! SATURDAY, ATBJLL 22, 1815. The court met pursuant to adjournment. PRESKXT. Colonel M'Feeley, President; lieut. col. Smith, major M'lihenny, major Crooker, captain Boyle, captain White, and captain Seymour, Members; lieut. Anderson, Judge Advocate. The court, from absence of witnesses, defeired the case until FRIDAY, MAY S, 1815. The court met pursuant to adjournment. PRESENT. Colonel M'Feeley, President; lieut. col. Smith, major M'llhenny, major Crooker, captain Boyle, captain White, and captain Seymour, Members; lieut. Anderson, Judge Advocate. The court proceeded in the case of captain Treat, 21st infantry. Major BiDDLE, of the corps of Artillery, duly sworn, says : I was on the left flank of the camp, on the 5th July, 1814. The regulars of the army were formed in two lines ; the left flank was formed C7i poteuce, the two lines met ; I was stationed in the angle. There had been frequent firings in the course of that morning. At about the time alluded to in the charge, there was a firing much nearer the camp than any I had heard before ; upon hearing the firing I called my men to the pieces. As I had them read^^ to fire, I looked towards the place the firing came from, and saw a party of men running into camp, and they jumped over a fence that was not very far from me. When I saw them jumping over the fence, and in this confusion, I hallowed out to them to halt. I 39 ent. t. col. Smith, aptain Boyle, ', Members ; 1, defeiTed the mi. . col. Smith, aptain Boyle, , Members ; aptain Treat, 'tilkry^ duly he camp, on e army were as formed en ioned in the in the course ided to in the le camp than the firing I them readv firing came camp, and ery far from le fence, and 1 to halt. .1 came towards them, and took hold of the first man I could lay hold of, and ordered the rest to form upon him. 1 formed them, aixl was told that there was a wounded man left where they had first been fired up- on, by one of the guard. I think gen. Brown came up about this time ; I am not certain \\ hether at this time or afterwards ; it was somewhere about the time. I ordered them to move forward, to pull down the fence, and advance to where the wounded man lay. I had the wounded man put in a blanket, and general Brown at that time ordered the officer who command- ed the guard to resume his former station ; to go to where he had been stationed. Gen. Brown appeared displeased at the conduct of the officer who command- ed the guard. I stated to him that it would have been almost impossible for any officer who had been with the men to have halted them ; but did not see any ex- ertion of the officer to stop the guard. The guard I saw go into the woods, but the party of the enemy had retreated. Q. By the Court. — Who was the officer that com- manded the guard ? A. I presume it was capt. Treat, but did not at that time know him ; at some period of the tritnsac- tion capt. Treat said, that the reason of his retreating was his fear of being in the way of captain Biddle's artillery. Q. By the Court, — While the guard was retreating in tlie confused manner you state — did you observe the officer of the guard at all ? A. I did not. Q. By the Court. — Was the officer of the guard with those men halted by you near your pieces ? 4 ; mw urn r-lMi A . I cannot say ; but believe the wliole of the guard was there ; I saw no officer until I had arrived at the fence ; I then saw an officer, who repeated my order to throw down the fence. Q. Bt/ the Ct/?/7Y. — Was the guard in a direct line between your artillery and the enemy, at the time of its breaking? A. I believe it was. Q. Bt/ the Court.^Was the officer of the guard with the guard at the time you took up the wounded man? A. He was. Q. % the Court.— Did the officer of the guard ap- pear cool and collected at the time you observed him? A, I do not recollect that I observed him ; I only heard him repeat the order, and make the apology to general Brown. So for as I observed him, I should say he was cool and collected. Q. By the Prisoner —How far was your artillery from tlie guard when fired on ? A. I suppose about 220 yards from my artillery ; or probably 200. Q. By the Prisoner. —D\d I not halt and form a part of the men near the fence, and then form them on those you had halted, when I joined you near the fence ? A. It might have been so, but I do not recollect it. Q. By the Court.— Do you recollect whether the soldiers who took the wounded r.an back, were com. posed of ihe guard, or of 3^our company ? A. Of the guard. The witness here further stated that he would, pro, bably, have fired, had not the guard been in his way. )le of the guard I arrived at the 'ated my order in a direct line at the time of i 4 41 Q. By the Court. — Did you or any other person in your hearing, call out " Clear away for the artillery ?" A. I heard no person. The court then adjourned until to-morrow, ten o'clock, A. M. of the guard > the wounded the guard ap- bserved him ? him ; I only le apology to lim, I should jour artillery artillery ; or d form a part •rm them on ou near the recollect it. whether the , were com- would, pro- in his way. m SATURDAY, MAY 6, 1815, The court met pursuant to adjournment. PRESENT. Colonel M^Feeley, President; lieut. cuionel Smith, major M'llhenny, major Crooker, capt. Boyle, capt. Whiic, and captain Seymour, Members; lieutenant Anderson, Judge Advocate. The evidence for the prosecution having closed, Captain Gilbert, late oJ the 22^ d infantry, witness for the p-isoner, says ; On the morning of the 5th July, 1814, I was standing by a rail fence on the plains near Chippeway, U. C. about fifteen or twenty rods from the left flank of the camp, ilicing towards the camp ; Avhen captain Treat's picquet was fired on by a party of the enemy from the woods, the men broke and fell in the grass, and captain Treat immediately called to the men to rise and form, and the order was obeyed, when they were fired upon a second time ; the guard broke, and I judge about one half qf the guard from the left, rushed towards camp, in the diiectionof capt. Biddle's artillery ; about the same time I had observed them making preparations, as I supposed, to fire from captain Biddle's artillery, and called to captain I'reat to clear away his men and give the cannon a chance to ' iiK; M ' .: 1 rake the woods, his men being directly between capt. Biddle and the enemy. I then left my situation, and went to turn out my own company ; I afterwards saw captain Treat and captain Biddle returning with the men in the direction where they first were fired on. Q. Bi/ the Court. — How far distant were you from the guard when it was first fired on by the enemy ? A. About five rods. Q. % the Cour t.—Wcre you previously acquainted with captain Treat ? A. I was. H. % the Court.—md you distinctly observe capt. Treat attempting to rally the men ? A. I did ; I knew it to be him. Q. By the Court.^Did all of the guard retreat as flir as major Biddle's artillery before they were rallied? A. A part of the guard were halted, and a part came over the fence; what took place akcr I came away I know not ; only that I heard a tire after I left them • and afterwards discovered them returning to the ground v^^here they were first fired upon. Q. % the Court.-^Was capt. Treat cool and col- lected when the enemy fired upon his guard ? A. Before the first fire I did not see capt. Treat but afterwards thought he was very cool and collected when rallying the men ; the first time his words were ** rise and form." ' Q. % the Co«r/.— Was that portion of the guard which broke and run away, the most distani from capt. Ireat? A. It was. Q. By the Frisonen^Bo you think I used cverv u t b f between capt. Y situation, and afterwards saw irning with the ere fired on. were you from the enemy ? Lisly acquainted 7 observe capt. lard retreat as y were rallied? lid a part came came away I r I left them ; irning to the I. cool and col- uard? - capt. Treat, and collected s words were, of the guard, distant from I used everv m proper exertion to halt and form the men when the guard broke ? A. The time was very short, but I thought captain Treat used every exertion in his power when I saw him. Q. By the Prisoner, — After part of the guard broke away and retreated, did you not see me with a part of the men near the fence about the time you called out to '* Clear away for the artillery ?" A. The time I called out to clear away for the ar- tillery, a part of the men were coming over the fence, and a part had been halted by capt. Treat before get- ting up to the fence. Q. By the Prisoner, — How far do you suppose it was from where the guard was fired on to the woods ? A. I suppose seventy or eighty rods ; I should say so from the balls being pretty well spent when they came into camp. Lieut. Larned, 2\st Infantry, witness for prison- er, sworn, says ; On the last of June, previous to ouf crossing the Niagara, the duty devolving on com- mandants of companies was very arduous, caused by a multiplicity of it coming on at once, such as making out muster rolls, semi-annual muster rolls, monthly returns, and inspection returns, likewise drawmg and delivering out clothing to the mei. ; and at this time capt. Treat (who commanded a company) was very lame, and in bad health, and had to perform all the duty himself, as his subaltern was under arrest and very sick. On the night of the 2d July, we crossed the foot of the lake, from Buffalo to Erie ; on the morning of the 4th, capt. Treat and myself wete ordered by gen. 9w Ripley, to recross the river to Buffalo, and collect the scattered soldiers of the second brigade, who were in the hospital and able to do duty, and also the bag- gage belonging to the officers of the same brigade. After collecting the men, to the number of forty or fifty, and supplying them with arms and accoutrements »nd collectmg the baggage, we re-crossed the river' and arrived at our camp opposite Black Rock, at the moment the second brigade were striking their tents which was, as near as I can recollect, about 3 o'clock in the afternoon. We then marched down the Nia- gara, and arrived on the plains near gen. Scott's camp about 11 o'clock at night. A picquet guard was im. mediately detailed, and the men were taken mostly from a detachment of recruits marched on by captain Vose,and from a detachment of the 17th regiment who, as I understood, w^ere principallv recruits also' Capt. Treat and myself were detailed with the guard and while waiting for directions from the inspector general, the adiutant discovered a mistake in the de tail as it respected myself, and I was relieved bv lieut Morrow. Capt. Treat observed to ti adj- .ant that he was unfit to mount guard, as he w^as very lame and quite worn down with fatigue. The adjutant observed that he could be relieved as soon as the officer of the day should visit them, which would be in a short time About 4 or 5 o'clock in the afternoon of the 5th July when the batde commenced between gen. Scott and the enemy, the second brigade w^as paraded in the rear and the 21st regiment was marched out to turn the right flank of the enemy and cut off his retreat.- Capt. Treat at this time having been suspended from «d ilo, and collect gade, who were id also the bag- i same brigade, ber of forty or accoutrements, ssed the river, ^ Rock, at the ing their tents, bout 3 o'clock down the Nia- i. Scott's camp ^uard was im- taken mostly on by captain .7th regiment, recruits also, ith the guard, the inspector ake in the de- eved by lieut. adj' .ant, that vtry lame and tant observed officer of the a short time, the 5th July, n. Scott and d in the rear, t to turn the is retreat. — pended from >^ command, volunteered and went w ith his company and carried his musket. Dr. Everett, 2\st infantr?/, witness for prisoner, sworn, says: Some time in the month of June last I called on captain Treat, at his request, who informed me, that the night preceding, while visiting the guards as officer of the day, he wiis thrown from his horse, and bruised in several places, especially on his leg : 1 attended him, and recollect he was very kime, and had a tumor formed on his leg, which imfitted him for duty for .some time, and that it \vas against the opinion and advice of Dr. Allen and myself, that he performed the march from fort Erie to Chippcway, on the 4th July ; that he called on me on the 5th ensuing, for advice relative to his lameness ; and that I considered him unfit to perform military duty, in consequence of his leg, as well as that of his feet, which had become much swelled and inflamed by the march of the fourth. The court adjourned until Monday, 10 o'clock, A. M. MONDAY, MAY 8, I8i5. The court met pursuant to adjournment. rKESFAT. Colonel M'Feeley, President ; lieut. colonel Smith, major M'llhenny, major Crooker, capt. Boyie, ca])t. White, and captain Seymour, Members ; lieutenant Anderson, Judge Advocate, The evidence on both sides hiiving closed, the prisoner made the defence in writing which is here- unto annexed. #t H' it*! Mr !^'' 1, I Ml!. PRRSIDEXT, AND OKXTlK^kiEXOFTHECorRT, Too long already, and too severeir hnctv, i, ^ -Uor ,ene,-al Brown's official repoi^T ^H^' ol CLippe^ray, and the unparalleled hnJ. nf . r Ii ivc been comnellrrl tn . • '^ " ^^ ^^^^ I ^" cumpciiccl to remain, under nrrf-v+ r not to desire -i f.^,-,..' • arrest, for me u^snc a teniimation to my ininn^c u enc. in the field, and in coui f" '''"''' ''^P^"" ccnpeten. jndges, in : ser ^SS •"'" ^^""^ Tlie subiect of the rh..,. ^ "nportance. an event .ieh i^.^:S:^Z:^;r^^-'^^ '" vented by me, or anv officer nh;.^ "' °' f^" -ion, and ought to be v1 ;d' t /^aT 'r^ ^'"■ tlian a &u!t. But my case is .Z V "'"''^"'•'""« cedent. 1 have been .rr '\'"°S'*«='- "'«hout pre- condemned ,ih , a 7'"' '''"'; ''" P"'^"^' -^ i^tnutmen, is neither the law nnr tK i-i ' country. . ^^^ ^^^^^^^ of our rigl«s of tl>e soldier a,e hutlt^ J ?^'"'''' " '^^'^^ sedulously guarded " T^ p ',""'' ""^^"^ ^'>°"ld be XVar authorise ots «? e' "' ""'' ^"''^'^^ ^f *^- last and .., resort, to'XVri^ir!: ''''^ ^ "' ^'"*^'-i can appe held, when e cases this i^ "cr can apped another fire, and that then the greater part of the guard retreated. 'i'hat inunedlately I oidered them to halt and form ■ aiat about h.)iof the men c/id halt near u fenee, and forn,ed, (rontn.g the enemy ; and that 1 ordered them to make ready ; th:.,t the other part of the guard, al- hcugh frequently ealled after by me to halt, continued to retreat m disorder, tmtil they were halted by eapt. Biddle, near his artillery. . They distinetly state 'to you, that at the moment I had prepared that part of tlie g.iard that remained WKh me to fire on the enemy, as soon as he eould bo discovered m his covert, some person in the rear call-' td to me-" Clear out ibr the ... . 'ery to rake the vvoods : " that I ,/„,, ordered that part of the guard to ai back, and ma.ehed them up, and formed them on t.mse previously h.hed by captain Biddle. i hey all eoneur in slating that I used every possi- ble exei ion to halt and form the guard, frequemlv and F.uediyorderingthos.. Mholkdto "haltandfo™,'. 'I'at I neither abandoned my guard nor position, „n il id in good order, t fifteen or twenty le second brigade, CTe capt. Biddle's statements, that, ^vils fired on by a iie woods, about t fire of the ene- down among the immediately or- lemy; that, they *e, and that then • o halt and form ; car a fence, and I ordered them f the guard, al~ ) halt, continued halted by capt. t the moment I that remained as he could be in the rear call- ry to rake the of the guard to ijrmed them on le. ^d every possi- frequently and lalt and form," position, until 49 I was noticed that the artillery were about to rake th« woods ; that I then brought off that part of the guard which I had been enabled to influence and retain with me, in good order ; that during the whole time I ap. pcared cool and collected. It is amply proven, and stated in evidence, that the position which the guard occupied, was in a direct line between captain Biddle's artillery, and the enemy • ^d you, gentlemen, can readily judge of the propriety of moving out of such a position, when you consider the short distance between me and the artillery, and the great distance between me and the enemy, and whether my motives vere cowardly or discreet. This, gentlemen, is the only transaction on that day that can give any color to, or furnish any grounds for the charge of which I am accused. I will now call your attention to the other witnesses* evidence, and the concurrent circumstances of their testimony. Captain Gilbert's testimony, confirms the state- ments of the non-commissioned officers, as far as it relates to my conduct, and that of the guard when fired on; «.& the additional circumstance that J was /.. htmself who called to me to clear away for the a.t.llery, and that he was induced to do so in con^ '^::£.'''''''''''^''-'^^^^^^--^^' You will readily perceive that captain Gilbert', situation was peculiarly favorable to observethe i.Z* action, as far as he professed to know anythmg ofTf bemg only about five rods distar*. Major (then captain) Biddle, as he stated to the court, previously to his giving his testimony, anil!! to have but an imperfect recollection of the transac- tion ; indeed, from his situation, !ie could not have observed much of tliat part of the affair on wliich, I presume, the charge is founded : as he stated to you, that it M^as only when he heard the firinj^, he firs* turned out and paraded his company, and then looked vards the woods in the direction of the enemy. At that time he saw some men running in confusion over a fence towards camp, and that he was immedi- ately employed in stopping and forming them ; the only part of his testimony which directly rehites to the charge against me is wholly negative : ** That //y guard not broken, it would not have been my du" .to advance upon the enemy without particular ordeS^ iuS rf T,' """r '^ '"^ ^''^ -'^ e required of me to halt at all ; it would literallv have been obeymg my orders to have retired, or m r he" ;:r2d:°^^'"''-^"'-''^^-"^-^-^£ The court will please to recollect that instead of general Brown's "immediately, and on thes," order ing me to retire from the army," he orderS me"v th my guard, to march into the Lods in pu '.iTofl ' Th'T;, ^'°" >^^^^'- Foof of the prompt manner in which that order was executed. Lieutenant Lamed states to you the dntv T k ., Frformed ti,e day before; as n.L *!!: o' It'd,; a^ter bemg depnved of my command, I volu.WJ my serv..es with a musket, and went out wS mJ reg.ment, when it was ordered to flank the JI ll u r r pposed that, em. and forming my s, who never had d retired on the 5 known the cir- ty to neglect tli^ lan? that my guard vithin fifteen or Banked by artil- )ds, eighty rods > close that the ceive that, had e been my duty rticular orders ; e than could be d literally have d, or marched gs of a soldier that instead of the spot, order- dered me with pursuit of the Tipt manner in le duty I had t on that dav, 1 volunteered out with my the enemy at 53 Dr. Everett states to you, that I was unfit for duty, in consequence of ^ameness, and that it was contrary to his advice, that I marched on the 4th from Erie to Chippeway. From all these circumstances, and a review of my whole conduct during that day, the court can judge whether I manifested any disposition to avoid duty, or shrink from danger. The court will please to recollect the information given by the judge advocate, " that the testimony ** given by sergeant Holt, corporals Gale, Fellows, and *' Barton, would have been corroborated by the evidences *' of all the soldiers of the guard present^ if it had been *' thought necessary to have adduced themJ^"* Respecting testimony, I have one circumstance to regret, which is, that General Brown and colonel Gardiner^ witnesses for the prosecution, although duly notified, did not ATTEND. Mr, President, and Gentlemen — I believe that I have recapitulated every part of the tesMmony, both for and against the prosecution, that could have any possible bearing ; although, I think, that no part of the charge or specification is proven, but on the contrary, that the whole is fully and clearly disproved, I will, with the permisj-ion of the court, make a brief recapitulation of the testimony, and a relation of facts and incidents which may give the court (if possi- ble) a clearer view of the case. It has been stated in the course of the testimony, that, at the time 1 took command of the puaid, I was lame, and w'orn down bv futi.o-up. : thnt. nlthnntrl-i nnfif i I 54 g Tor duty, I promptly performed it, so far as was In my pcArr: That, witliout being shewn where to post my guard, I found It out at midnight, took the proper tation, and kept it in good order during the night ; that after bein^ ordered, it was nuircliing into eamp in good order, when fired on by tlie enemy ; and that whc^n the guard broke, I used every endeavor to halt, rally, and form my mei. ; that, after i-allying and forming ^^ ith the assistar.ce of eaptain Biddle, I marched my guard on to the field, and ordered the \\ounded man to be carried to camp; then, by order of general Brown, I marched into the woods in pursuit of the enemy, as far as was prudent or necessary. lliat, after returning to camp in good order, I was suspended from command ; and on the same day, when the 21 Si regiment was ordered oijt to the battle of Chippewa}-, 1 ^vent ^nth my company as a volunteer Gentlemen, such are the facts on which my prose- cutor fLunds the charge of" Cowardice." Were it expedient, I could produce from the offi. cers* With whom 1 had the honor to serve, the most satisfictory evidence of my good conduct, from the diiy of nn r.ppointmei^t in the armv, until the fifth of July ; and to prove the correctness of my conduct on i/uit day, 1 vwint no other evidence thui the facts now befbre the court. Whatever the motives may have been, ^vhich in dueed my prosecutor to adopt the unprecedented mode he has pursued in my case, it does not rendei the ellect an.v Ir ss severe or afiiieling to the scmibili ties of a soldier. *Hce Appendix, No. III. IV, mkJ V. 1|'9* yf^ far as was in my ) post my guard, 3per tation, and that after being in good order, \vhen the guard rally, and form *ming ^\ith the d my guard on cd man to be neral Brown, I the enemy, as )d order, I was iame day, when 3 the battle of IS a volunteer, lich my prose- j> from the offi. erve, the most uct, from the nil the fifdi of ly conduct on the facts now n, which hu nprecedented es not rendei I the scnsibiii 55 Whether his conduct towards me has been just, or military— or the reverse, it v/culd not here become me to determine : that rests with you ; but in order to give a full view of the subject, however painful it m.ay be to my feelings, I must refer to general Brown's official report of the battle of Chippeway, and his gene- ral order of the 5th of July.* For the publication of these extraordinary docu- ments, there could be no other authority or founda- tion than barely a *' suspicion of cowardice," as there had been neither enquiry nor evidence to ascertain the fact ; and the only effect it could have, ^vas to wound the feelings of one, whom neither the tongue of slander, nor the finger of malignity could have at- tainted, nor attached to his character the palest hue of dishonor. Can there not be made an official report of a battle without sacrificing some devoted victim on the altar of ambition ? Gentlemen, I must leave it to your own feelings to conceive my situation — for I cannot describe it, nor the emotions that rend my heart; being deprived o^ my command, driven from my regiment, and separated from my companions in arms, to whom I was bound by tlie strongest ties of friendship, which naturally exist in the hearts of those who have togeth- er borne the toils and privations incident to the lile of a soldier. Nothing could have supported me under tins load of misfortune, but a consciousness of my own inno- cence, and a hope that the majesty of truth Vvould • Sec Appendix No. I, II. W-I 66 soon prevail, and dispel the cloud by which I «^ enveloped. Mr Presidem, and Gentlemen of the court-'V\^^ candid and patient investigation of the testimony, the fan- and impartial manner in which the court has .on ducted my trial, demand my most sincere acknowWe- ments, and will ever be remembered with the most grateful emotions. ^ Gentlemen, you are my judges : to your charge I entrust myhfe; and what is infinitely more del- to me, my honor; I deposit it in honorable hands- your decision will be just. If you find me guilty, let my punishment be equal to^the offence, it innocent, you will acquit me whh JOSEPH TRRAT, Sacketfs Harbour, 8th May, 1815. , ""'""'" "" '"''"""■'• fenle'ofT '"'"^ ^"""^ *'" ''''^'^' ^'^ "- de- fence of he prisoner, as above, directed the room to be cleared, and proceeded to pronounce sentence After mature deliberation on the testimony adduced the court find the accused, captain Joseph TnETr ofthe 21st nfantry, „„, guUty.Uy.. .hjg, oTspec ' fication preferred against him-and bo /o.o„TbTv' ACqUIT HIM. ^^"i^iiABLY The above is a true copy from the original. - WM. ANDEUSOX, Junr. 1T^W by which I ywxa the court — The e testimony, the - court has con- -re acknowlege- with the most • your charge I y more dear to >rable hands — iment be equal cquit me with ^RKAT, »Ju 2Ist Intantrr. e and the de- l the room to sentence, ony adduced, :ph Treat, rge or speci. HONORABLY 57 N'» Junr. fii'Jge Advocate, APPROVAL OF THE SENTENCE OF THE COURT. COPY ^Hf Of the sentence of a General Court Martial, and approval of the same hy major general Brown, in the case of capt. Joseph Treat, of the Mst infantry. Adjutant General's Office, Sackett's Harbor, 3d July, 1815. After mature deliberation, the court find the accus- ed, captain Joseph Treat, of the 21st regiment, not guilty of the charge or specification preferred against thim, and do honor ably acquit him. Taking into consideration all the circumstances re- lating to capt. Treat's case, major general Brown be- lieves it to be his duty to approve the sentence of the court. But he embraces this opportunity to say, that he has never seen an instance of American soldiers, such as capt. Treat's command, abandoning their offi- cers in the face of an enemy. This is not the charac ter of the soldiers our country breeds. So far as the experience of the major general goes, they have ever Itood by their officers, so long as their officers were disposed to stand by their colors or their honor. It would appear, however, from the testimony before the court, that the men composing the picquet guard commanded by capt. Treat, on the morning of the 5th ^uly, 1814, were an exception to the general rule, and :^herefbre he is honorably acquitted. *w.* I certify that the above is a handed into this office. correct copy of the originalj BENJ. F. LARNED Ackipjj Assist. Adj. Genera APPENDIX. No. I. The following is a copy of the order alluded to in the defence, << GENERAL ORDERS. Adjutart General's Office, Chippeway, July 5, 1814, '* A transaction degrading to the command, occurred under the major general's eye this morning. " Captain Treat's attempts to excuse himself, in that his detachment was a return picquet, makes the thing worse. *' Captain Treat shall no longer serve in the 21st regiment ; nor in this division, during the campaign, <' By order of major general Brown. (Signed) « C, K. GARDNER, « Adjutant Ueaeral.'* IVwe Copy, (Signed) JNO, W. HOLDING, Lieut, aud Adjt. 21st lofautrjr. !■ ' iS'' lui.i No. IL Extracts from General Brown*s Official Report of tlie Jiaille of Chippe:ivay^ dated 7th July^ 1814, referred t« in tlie Defencii, ♦* Early on die morning of the 5th (July) the enemy commenced a petty war upon our picquets, and as he Was indulged, his presumption encreased ; by noon he showed mmseif on im ieft of our epiterior line, mii S9 ^^m ided to in the defence, RS. ineral's Office, eway, July 5, 1814, ommand, occurred norning. ixciise himself, in icquet, makes the serve in the 21st ing the campaign, ^vn. :. GARDNER, " Adjutant Ueaeral.'* r. HOLDING, i. aud Adjt. 21st lofautrjr. ■A Icial Report of tlu /, 1814)1 referred ta 1 (July) the enemy icquets, and as he sased ; by noon he e;iiedor line, mil attacked one of our picquets as it was returning to camp. " Captain Treat, who commanded it, retired dis- gracefully, leaving a wounded man on the ground. Captain Biddle, of the artillery, impelled by feelings highly honorable to him as a soldier and officer, promptly assumed the command of this picquet, led it back to the wounded man, and brought him off the field. ** I ordered captain Treat, on the spot, to retire from the army, and as I am" anxious that no officer shall serve under my command, who can be suspected of cowardice, I advise that captain Treat and licute. iiant ,* ^vho was also with the picquet, be struck from the rolls of the army." No. III. Sackett's Harbor, July 6, 1815. We, the undersigned, officers of the late 2]st regiment U. S. infantry, having served during the late war, with captain Joseph Treat, of the same regi- ment, bear testimony to the correctness of his conduct as an officer ; to the uniformity of his deportment as a gentleman, and to his firmness and courage on every occasion in which he- has met the enemy. JOSIAII H. YOSE, Lute Miijiif 2 1 St Infantry. SULLIVAN BUR35ANK, Kievet jVIajcr Ulst Infantry. P. PELIIAjM, Ciiiituin 21*t Infantry. BENJ. F. LARNED, . rii-i:VL>t(;iii)tHin 21st Infantry. JOHN W. IIOl^DING, Brevet Captain aibt liifr.ntry, • The copy is exact, the iiRme of lieutenant Morroiv, was omitted; but lie had a brothel-, member of congress ,• nevenhelebs, the condvict of the Ikutenant wa« beyond reproach or suspicion. 60 1 . 11 t l»! No. IV. Portsmouth, N. H. Aug. 25, 1815. Sir — I have received and read the report of your trial before a general court martial, on the charges which appeared against you in general Brown's official account of the battle of Chippeway. Having witness- ed your gallant conduct at Chrystler's Field, but a few months before ; and having always considered you as an attentive and vigilant officer, nothing could have surprised me more than the exhibition of such charges against you. I am happy to find they were without foundation. The result of this long sought for inves- tigation is nc 'ess gratifying to your brother officers than it is honorable to yourself. Accept, sir, the assurance of my respect and esteem. T. UPHAM, Gapt. Joseph Teeat, Boston. Lt. Col. late 21st Keg. f. •I if f- ck No. V. Sackett's Harbor, July 8, 1815. To Captain Treat of the late 2ist Regiment of Infantry, Sir — We, the undersigned officers of the late 13th regiment of infantry, who have been stationed at Sackett's Harbor, cannot submit to a separation from you, without tendering you a memorial of their sense of the propriety of your conduct, while enduring a l)rotracted arrest, rendered peculiarly aggravating by the nature of the charge preferred against you ; and we a^so proScr you our sincere congratulations on your receiving an honorr.ble acquittal, rendered more 61 grateful to your feelings, by the procrastination of the approval of the proceedings of the court martial before which you were tried. We admire your patient endurance of ii situation calculated to generate obloquy, and shall ever deem you a man of suffering merit. Respectfully yours, 8cc. KOBT. SMITH GARDINER, Captain late 13th Infantry. W. ADAMS, ' Captain late 13th Infantry. THO. W. DENTON, Lieutenant late 13th Infantry. CHARU^S HARRISON, » Lieutenant late 13th Infantry. G. HELMBOLD, Lieutenant late 13th Infantry- REUBEN HUMPHREYS Lieuteuant late 13th Infantry, E. C. CLARK, Lifutenant late 13th Infantrj'. H. H. MHVl ON, Lieutenant late 13tli Infantry. FRANCIS T. HELM, Lieutenunt late 13th Itifantiy. CIIAS. F. mWlN, Lieutenant late 13th Infantry. ; \i NO. VL Sackett*s Harbor, 8th July, 1815. Dear Sir — The undersigned having understood that you are about to depart from this vicinity, avail themselves of the present opportunity of paying the tribute of justice, by proffering to you this written tes- timonial of their friendship and respect. Your military and personal merit, as communicated to us by officers who had been associated in command , *.*' B:l 6^ with you, on the western frontier, made a favorable impression on us ere we had the pleasure of a person- al acquaintance with you. The predilection excited by such representations, on your becoming personally and particularly known to us, soon ripened into the most cordial est-em. ^ ^ We have viewed with unceasing admiration your calm and manly fortitude, and resignation, manifested in situations the most trying to the feelings of an offi- cer and a gentleman. We have seen you triumph over a combination of circumstances, peculiar, impos- in^r and formidable in the last degree. We tender you our hearty congratulations on the final result of your recent military trial, so highly honorable to yourself, so gratifying to your fncnds and acquaintances. Into whatever part of he world fortune may hereafter lead you, you will bear with vou our grateful recollections for the past, and our ar- dent wishes for your future peace, prosperity, and happiness. We are, sir, with esteem and respect, Your most obedient servants, N. FOSDICK. ^MLLIAINI VAUGIIAX. JAMES BROOKS. AMOS HOLTON. W. GREEN. F. P. INIARKHAIVI. WM. KING. J. TOAV:*SEND. The above arc among the most respectable gentlemen of the neighborhood in which they hve.