^, ^ ^ <**>. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 1^121 125 ttt Wk 12.2 S 144 ■" Z l£o 12.0 u 6" Sciences Corporation 23 WIST MAM STRHT WnSTIR,N.Y. 14SM (71«)t72-4»03 CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Cenadian inttitut* for Historical Microraproductions / institut Canadian da microraproductiont historiquaa ■»;? '.'.V/'^ ^Mi' Tachnical and Bibliographle NotM/Nota* taohniquaa at bibliographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faatiiraa of thia copy which may ba bibliographieally unlqua, which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha usual mathod of filming, ara chaclcad balow. □ Colourad covars/ Couvartura da coulaur I I Covara damagad/ Couvot tura andommagAa □ Covars rastorad and/or laminatad/ Couvartura raataurAa at/ou palliculia □ Covar titia miaaing/ La titra da couvartura manqua I I Colourad mapa/ D D D D Cartas gtegraphiquas an coulaur Colourad ink (i.a. othar than blua or blacic)/ Encra da coulaur (i.a. autra qua blaua ou noira) I — I Colourad platas and/or illuatrationa/ D Planchas at/ou illuatrationa an coulaur Bound with othar matarial/ RaliA avac d'autras documanta Tight binding may causa ahadows or diatortion along intarior margin/ La re liura sarrAa paut cauaar da I'ombra ou da la diatortion la long da la marga inttriaura Blank laavaa addad during raatoration may appaar within tha taxt. Whanavar poaaibia, thaaa hava baan omittad from filming/ II aa paut qua cartainaa pagaa blanchaa ajoutAaa lora d'una raatauration apparaiaaant dana la taxta. maia, iorsqua cala Atait poaaibia, cas pagaa n'ont paa At* fiimAaa. Additional eommanta:/ Commantairaa supplAmantairaa: L'inatltut a microfilm* la maiNaur axamplaira qu'il lul a M poaaibia da aa procurar. Laa dAtaila da cat axamplaira qui sont paut-Atra uniquaa du point da vua bibliographiqua. qui pauvant modiflar una imaga raproduita, ou qui pauvant anigar una modification dana la mAthoda normala da fiimaga aont IndiquAa ci-dassous. toi D D D □ Q D D D D Colourad pagaa/ Pagaa da coulaur Pagaa damagad/ Pagaa andommagAas Pagas raatorad and/or laminatad/ Pagas raataurAaa at/ou palliculAaa Pagas discolourad, stainad or foxad/ Pagas dAcolorAas, tachatAaa ou piquAas Pagas datachad/ Pa^as dAtachAas Showthrough/ Transparanca Quality of print varias/ QualitA InAjgala da I'impraaaion Includas supplamantary matarial/ Comprand du matArial supplAmantaira Only adition availabia/ Saula Adition diaponibia Pagas wholly or partially obacurad by arrata alips, tissuaa, ate hava baan rafilmad to anaura tha bast possiMa imaga/ Laa pagas totalamant ou partiallamant obacurciar par un fauillat d'arrata, una palura, ate, ont AtA filmAaa A nouvaau da fafon A obtanir la maillaura imaga possiMa. Th( po( of filn Ori bai th< aio otr fin aio or Th ahi TIf wl Ml dif an ba rig Thia itam is f ilmad at tha raduction ratio chackad balow/ Ca document ast filmA au taux da rAductton indiquA ci'daaaoua. 10X 14X 1RX 22X aix aox v 3 12X lex aox MX 28X 32X TIm copy fllm«d h«r« has lM«n r«produe«d thanks to tha o«n*rositv of: National Library of Canada L'axampiaira filmA f ut raproduit grAca k ia ginArositi da: BibiiothAqua nationaia du Canada Tha imagas appaaring hara ara tha bast quaiity possibia oonsidaring tha condition and iagibiiity of tha original copy and in icaaping wKh tha filming contract spacifleations. Original copiaa in printad papar covers ara filmad beginning with tha front covar and anding on tha last paga with a printad or illustratad impras- slon, or tha back covar whan appropriata. All othar original copias ara filmad iMginning on tha first paga with a printad or iliuatratad (mpras- sion. and anding on tha last paga with a printad or iliuatratad imprassiqn. Laa imagaa auhrantas ont 4t4 raproduitas avac la plus grand soin, compta tanu da la condition at da la nattatA da l'axampiaira film*, at 90 conformity avac las conditions du contrat da filmaga. Laa axamplairas originaux dont la couvartura en papiar aat imprimAa sont filmis an comman9ant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'impraasion ou d'illustration. soit par la sacond plat, salon la cas. Tous las autras axamplairas originaux sont filmte an commandant par la pramlAra paga qui comporta una amprainta d'impraasion ou d'illustration at an tarminant per la damlAra paga qui comporta una talla amprainta. Tha iaat racordad frama on aach microficha ahall contain tha symbol ^-^^ (moaning "CON- TINUED"), or tha aymbol V (moaning "END"). ¥vhichavar appliaa. Un das symbolaa auhrants apparattra sur la darniAra imaga da chaqua microficha. salon la caa: la symbols -^ signifia "A SUIVRE". la aymbola ▼ signifia "FIN". Mapa. platas, charta, ate. may ba filmad at diffarant reduction rattoa. Thoaa too larya to ba antiraiy included in one exposure ere filmed beginning in the upper left hend corner, left to right and top to bottom, as many framea aa required. The following diegrems illustrate the method: Lee certes. plenches. tableeux, etc.. peuvent itre fllmto A dee taux do rMuction diff Arents. Lorsque le document est trop grand pour Atra raproduit en un aeul clichA. 11 est filmA A partir da I'angle aupArieur gauche, de geuche A droite, et de heut en baa. en prenant la nombro d'images nAcessaire. Las diagrammas suivants illuatrant la mAthode. 1 2 3 1 2 3 4 5 8 'i^ v> ".*';*f--' •») \ ^ r:- 1"^* I. >* raSFl5N€E 5f> OK MaaaiHKtt G^^fi^aAL B^saE^ ~7 " „ /.' / ■# r »1 ' ■!( ^VJ ,&1»#- s > »«.«■ ». V?*. '^■'JV, <•■ f ,^' i" y ■/ .^:.i^ L, ■■^■ ,n '■ / ■j-fi' y >-"•> %L/:^' '/ « ,, P^r^ f // '/(/<'■ b!:. / OEFENCE ^-^■: or BBIGADIEB G£y£kAL W. HULt. SdinNd bcAm the Gcnaad CoutliKtM, of nUd M^jor Ctaand WITH AX AODEESS TO THS CITIZENS OF THE imiTEO SPATES. tV&ITTBH BT HIMSELF. Ccvied ftin teariglod Binuanlpt, ind poUiihed Iqr hU Mdi^ To «Mdi an pnAttd, THE CHARGES AGAINST BRIGADIER GENERAL HULL, AS SPECIFIED BT THE GOVERNMENT. ^. ^ BOSTON : PUBLISHED BY WELLS AND LILLT. Comt-Stnet. ••••«■•••••• 1814. «< DISTRICT OF MASSACHUSETTS. TO WIT i Dittrkt Cltrk't Q#br. BE it lemanlxBod, that on Uie nintbdBy of Jane, nnodamiol dijbMNi knot dredttid fiwrteoi, and in the thiity-dgiitli year of tbeirnkpendeMeaf the Vni> ted StatctoT America, William WeUi and lUbm Lilly of the nid Diitiiet, have depodted in thiiollloethe title of a book, the right whereof they efadm m Fnprieton, in the woida lbUowin(, to wit: Oefeneeof Brigadier Oenend William Roll. Delivered befbre the gaeml Cgurt-Martial, of wUeh Uti. Oen. Deaibom ww Pmident, at Albany, March, one thounnd right bandied and foortaen. Withan Addrewtothe Citiicntof the United State*. Written by himielf. Ct^iedfimm the original manoicript, and publiihed by hit authority. To whieh are preflxed, the Cbvget agaiMt Ocne» ni Hull, a* ipeeifled by the Oorcmmem. ' IneanfarmitytotlKActorthe'CoagreU;ofthetTnitedStatef,Intitle^"AnAct Or the Eneoungement of Learning, by Hearing the eopiei of lAipe, Chara and Bodki, to the Authort and Proprietor* of ludiCopie*, during the timet therein mentioned;" and alio to an Aat intitled, " An Aet tupplemaitary toan Aet, intitled, an Aet for the Encouiagement of Leaning, by Kcuring the Co^et of Map*, Charu and Booki, to the Authou and Proprieton of radi Copiet during the timet therein mentioned; and extending the BcneAti thereoftothe Arttof Detigning, Engiavingand £tdiing Hiitorical, and other Prinu." WILLIAM S. SHAW. { ^jf^^SS^K** T4 ■■<. ',-tfmm'>nmi.ie^^. '■pcnJCTjiw r- ' ^ v H ' m m uiM Kmm*- • ADDRESS 4 TO THE CITIZENS OF THE UNITED STATES. ^*>!'a ' : 'M rclIow>Citiiaif, Iir submitting my defence to your consideration, and m making my appeal to your judgment, I have only to ask you to examine with candour, and decide with impartiality. I am sensible the fate ctf <Nie man is of little consequence, compared to the fate of a nation.. ' ' If the sacrifice of me, however innocent, could make atonement for the sins of others, redeem our misfortunes, and restos'e-the national charac- ter, it might be justified '>j precedents in other countries, and perhaps, as^ patriot, I ought to be satisfied. It is unfortunate for the administraticm, and for the other generals who have conducted oiir armies, that it cannot have the effect. In coun- tries, where the people are hardly permitted Xf^ ifi'iiiilBiiilii i'li'r" )i^-i^^0^*i^i0^S£!^^'^'^- .'ikJ^'*:'?*-- :'" -W^m^'^i:'^:>isii^: iv •'^ ADDRESS OF think, and their only prerogative is obedielice, in« nocence n no shield ; and becauie there can be no inquiry, the most elevated merit is often brought to the scaffold for the most meritorious conduct But in a country where justice is the basis of its government, where the people are enlightened by science, and understand both their rights and du* ties, such outrages on justice cannot with impu- nity be committed. Under a government thus constituted, when public misfortunes occur, those to whom the ad- ministration is intrusted are in the first instance responsible. They well know the public ven« geance will fall on them, unless they avert it, and too often have no other means of justification, but in the condemnation of otherjs. The power they possess, and the patronage they can give, afford great facilities in effectmg the object. It is how- ever our happy lot, that, when this power and pa- tronage are unjustly exercised, a remedy exists ; and that remedy is an appeal to your justice. Ta that justice I now appeal, in the confident expec* tation, that you will be satisfied of the purity and rectitude of my conduct, that you will reverse the unjust sentence which has been pronounced, against me, and restore me to that honourable standing in society, which had been acquired by the services of nearly half a century. X i.*--»' "-*»«. .^. -/^r*^- •'^, t V. * *^'^. ^fr-!^ .i .: r • i»'?'-iSXilP*H'*'n<j»«.oa-*r»--.; .*• GENERAL HULL. r I regret that it is not in my power, in this communication, to present to you all the testimo- ny and ^ documents, on which my defence is grounded, and which had any relation to the trial. The proceedings of the Court Martial are depo- sited in the office of the Secretary of the De- partment of War, and by law I am entitled to a copy of them. As soon as they are. obtained, they will be published in a separate number. 'k- I believe we are all conscious of the crimeihof wlich we are guilty. When I might have shel- tered myself in the enemy's territory, as a priso- ner of war, I ask you to account for my return to my own country on any other principle, than 8 consciousness of my innocence, and that I had faithfully done my duty 1 What other principle could have induced me to have requested an in- vestigation of my conduct ? When a Coiirt Mar- tial was ordered to assemble at Philadelphia for my trial, why did I promptly repair there, with- out any restraint, and without even having been divested of my sword ? After the trial was post- poned by the government, without any request <mi my part ; and having before that time received notice. of my exchange from the government, why did I remain more than a year in the. country, without my restraint or confinenfent ? I ' "1 '•>»«*H'i ^'••— ^^w^itr is m^ I I • .^.wt »■ '. fl ADDRESS OF When the new court wu ordered for my trial at Albany, and I wai fiumiahed with the volume of capital chargea, exhibited againit me by the gOTemmenty why did I voluntarily appear before the Court, and submit to my trial, when it wai in my power bo easily to have avoided it ? Why, after the trial, did I return alone and unattended to my residence in MassachuRetts, and there wait the sentence of the Court Martial ? — I do presumcT your answer must be^ Ihat this conduct only could hare resulted from a consciousness of innocence, and a full conviction that I had done my duty. I now ask you to consider the conduct of the go- vernment, in relattion to me. Did ihtiy believe the black catalogue of charges they exhibited against me was true ? If they diet, could the iTdministration have been justified in leaving me at perfect liber- ty, for more than a year after I had been furnish- ed with a c(^y of these charges ? Did the mem- bers of the Court Martial, who pr(Hiotmced the sentence, in their consciences believe I was guilty, 'and deserved punishment? If they did, how cab^eir conduct in directing me, the day after the sentence was concluded, to return to my home in Massachusetts, without any kind of restraint, :j^ without requiring any kind of seci^ rity for my 1||i^ance to receive the execution of the senteio^Tfais direction was given the .V .<V- ¥. ■A '"**f r- »«ii?^--:;. ■■"-- ^m m .l i ^ ■ • vm mimms vrm*^^-. '■»'«■■■■ GENERAL HULL. fii day ftfter the lentence was pasted. Can it be preaumed there waa a concert between the Preii- dent and the Court, and he had directed the Court to adopt this meuit^re previous to tLe sentence ? Is it possible it woi understood between the Pre- sident and the Court, previous to the conclusion of the trial, what the sentence should be, and that it should be remitted by him ? And if both the President and the Court had believed in their consciences, I had been guiltj of the crimes with which I was charged, could it be reconciled to their duty to leave me in a situation, where I could to easily avoid the punishment which was to have been inflicted ? I have stated these facts, and made these ob- servations, to convince you, that my whole con- duct has manifested, I myself was conscious of no crime, and it was not the intention either of the President, or the Court Martial, that I should receive the punishment which had be^ ordered. 'tki I now ask you, my fellow-citizens, Uklt^ioTe^ for yourselves what have been the mo^f$e% of the administration in this business? Wl|hi respect to two thirds of the members of the.$4ttrtJifafilM;^ they have ordered a sentence, wh^BhMpbir con- pciences they beliered ought not^j^HKecuted. 'IH m*'* ^ .•.. .'?^V, Tiu ADDRESS OF The Court Martial, in justification QC«their con- duct, in recommending me to the mercy of the President, can appeal to no precedenti not even the proceedings in the trial of admiral Byng. Af- ter the Court had found him guilty of a particular charge, there was nothing left to thefr discretion* The articles of wai provided, that the punishment should be death. In my case the articles of war provided death, or such other punishment as the Court Martial should think proper to order. Why then did not the Court order such .a punishment as'they believed ought to have been inflicted ? From these facts and observations, I do think the motives of the administration must be appa- rent. And indeed, I presume it will not be in your power to reconcile the conduct of the President of the United States,%nd the conduct of the Court Martial, without believing there was a concert and understanding how this busmess was to be conducted. With respect to the lenity of the Court, I in- formed them I did not ask it ; and I requested no other mercy from them, than the mercy of a decision ; that they would decide on my case, and keep me no longer in suspense. In regard to the pardon of the President, I had no opportunity of requesting it, because it was GENERAL HULL. k granted, before I had any knowledge of the sen- tence. Ingratitude, I hope, is no part of my cha* racter. But I do submit to your consideration, whether I ought to feel grateful to him, when the National Intelligencer, a paper publiehed at hk door, and under his auspices, in giving an account of the trial and announcing the senteiice, states, that the punishtnent is more protracted and terri- ble, in consequence of a remission of the sentence. If his object was to aggravate and increase the punishment, it cannot be called an ftct of mercy. There are two vei^y impotiant facts, relating to my situation, as commander of the north-west- ern army, not noticed in my defence. One, tjbe armistice agreed to by general Dearborn, from which my army was expressly excluded. The other, the President's message to Congress, the first session aftof the capitulation. With regard to the first, the following are the facts. This was an arrangement of Sir George Prevost, for the sde purpose of employing ail his forces against the army I commanded. Having received information that the orders in council had been repealed, on the second day of August, eighteen hundred and twelve, he despatched colonel Baynes, his adju- tant general, to the head-quarters of general Dear- born, at Greenbush, near Albany, wi^ an autho- rity to conclude an armiatice~-on the ninth of af ADDRESS OF August it was concluded between him and general Dearborn, and my arntj was excluded. Immediately after the departure of colonel Baynes on his mission, major general Sheafe of the British army was ordered to lake Erie, with a large part of the British force from Montreal, to be placed under the command of general Brock. From the nature of the transaction, it is certain, that general Brock was made acquainted with these circumstances, and informed that he might, with the most perfect safety to his posts at Kingston, York, forts George and Erie, march his whole force against my army, which had in- vited the province of which he was governour and commander in chief. Calculating the dis- tances, and the celerity with wjbiich the British c(Mnmanders convey important information, there was full time for the purpose. Qf this important arrangement, in which the army I commanded had so much interest, I never received any informa- tion^from geqeral Dearborn. That general Brock took his whole force to Maiden, from fort George and its vicinity, excepting a few men to take care of the cannon and stores, is certain ; and that ge- > neral Sheafe arrived from Montreal with the rein- forcements, immediately after general Brock's departure from Fort George, is likewise a fact well knpwn. That at this time, on the ninth of GENERAL HULL. iA August, a cessation of hostilities had been con- cluded, which extended from fort Erie, on the east part of lake Erie, to Quebec. In my next number, I shall produce documents to prove the facts I have here stated. They are, howeveri . all so public,* ai|d so well known, that I am fully authorized in stating them without the documents. That on the day of the capitulation', the sixteenth of August, general Brock well knew that a cessa- tion of hostilities below had taken place, is certain, because on that day he gave me information of it, and that the orders in council had been repealed, and observed, he hoped it would be the founda- tion of a peace. It is likewise well known, this measure was disapproved by the President, and principally on account of the effect it would have on my army. When general Dearborn was or- dered by the President to make diversions on tlie enemy's posts below me, and ought to have been co-operating with me with all his forces, he was sitting at his ease at Greenbush, and making arrangements, which were one great cause of the destruction of my army». And yet this same general Dearborn was appointed the president of the Court IVfartial which has condemned me for the misfortune, which his own misconduct had been a great cause in producing. lo sacriGcing me, he has undoubtedly made some atonement for his own faults, in the opinion of the administration, >.-. ?^^ 7// :'-,)l »«^%«♦^,,J,^*^» ,"~'Ar'^-«c-;;^^^ sii «* ADDRESS OF and may be permitted to remain in the possessioii of his nominal rank, and in the enjoyment of his emoluments, in the degraded t iid disgraceful situ- ation, to which he has submitted for more than a year. . Thus has general Dearborn, by adopting a meae!!re, which brought the pripcipal part of the enemy's force against my army, exhibited his profound skill in military operations, and his talents and qualifications as commander in chief of the American army. I shall now proceed to consider that part of the President's message, of the fourth of November, eighteen hundred and twelve, which developes the objects of my unfortunate campaign. It is in the following words. /*< Previous to its declaration, [the declaration " of war] it was deemed proper^ as a measure of "precaution and forecast, that a considerable " force should be placed in the Michigan terri- " tory, with a general view to its security, and in " the event of war, to such operations in the up* " permost Canada, as would intercept the hostile " influence of Great Britain over the savages, " obtain the command of the lake on which that **part of Canada borders, and maintain cp-ope- " rating relations with such forces as might be " most conveniently employed against other parts. \ °^<!??---.^ --—»*' /"jf^' :.-»V *—-«., --<<»,«* ■■•*,*••. GENERAL HULL. xm "Our expectation of gaining the command of **the lakes, by the invasion of Canada from De- " troiti haviDg been disappointed, measures were *< instantly taken to provide on them a naval ** force superiour to that of the enemy.'* The objects of the force intrusted to my com- mand, are here particularly stated. They are stated by the first magistrate to the legislature of the nation. This is a document of the highest authority, and must be considered as conclusive evidence, that these were the objects, for whicli the expedition was ordered, and which the Pre- sident expected would have been accomplished. If it was the expectation of the President, that with the few militia under my command, I should have obtained possession of the lake, it is unac- countable, that it never was communicated to me. AU my instructions from the Department of War were laid before the Court Martial; and there wa» not the least intimation of the kind. Indeed I never had the most distant idea, that this expec- tation was entertained, until it was disclosed in this message. Both in my repeated writfcn communications, and in frequent conversations with the President and Secretary of the Depart* ment of War, I had urged the necessity of a navy on lake Erie, superiour to the British, in the event of war with Great Britain. I well knew at that M hr'y. xW ADDRESS OF time, they had a strong naval force on the lake, perfectly manned and prepared in every respect for offensive or defensive war. The United States had not a single vessel or guq boat on those waters. All they had was an old unarmed trans- port vessel, repairing on the stocks, and which was not launched until near a month after the declarer tion of war. I i^ There were but two modes of taking possession of the lake ; one, by taking or destroying the en- emy's naval force ; the other, by taking posses- sion of all their posts and harbours, both on the main land and islands, an extent of coast more than three hundred miles. I am confident no one will believe it was possible for me, either to have taken or destroyed the British fleet then on the lake, with the means I possessed. The force, under my command, was totally inadequate to have effected it in the other way, especially after the fall of Michilimackinac, and all the northern nations of savages were in hostility against me. Although I still entertain the same opinion I gave to the government, before the declaration of war, that a navy on lake Erie was essentially necessary ; yet, I now believe, had an adequate force been sent to the Michigan territory, and sufficient forces had been ordered to have taken possession of forts George and Erie at the same time, and Jf*v /!!;, GENERAL HULL, xt these armies had co-operated, the whole of that part of the province of Upper Canada, which borders on lake Erie, might have beeQ in our pos- session in the campaign of eighteen hundred and twelve, with all the enemy's harbours on the bor- . ders of the lake, by which means the naval force would have been destroyed, or must have sur- rendered at the approach of winter. This idea I suggested to the Secretary of War, In my mem<»r of the sixth of March, eighteen hundred and twelve, provided the object was the reduction of the Canadas, and it was the intentioit of the govermnent, contrary to every opinion I had given, not to build a navy on lake Erie. I suggested it as the only possible mode, and at the spme time pointed out ail the difficulties which would attend it. On the sixth of March, at the time when thi» memou* was presented, I had no command in the army, and had uniformly declin- ed to accept a military appointment, although I had been strongly solicited^ Being then the go- vernour of the r>I?«'higan territory, it wus my duty to induce the government to provide means foK its safety. About the eleventh of April, after I had beea appointed to the command of the north-western army, unsolicited^ and even undesired on my 1* tiJ •■*IS«!*WWi<* .:^.^^-:i^,S5..fe^;^^:J^^;»^-.. xvi ADDRESS OF part i I then presented to the Presidentt througk the medium of the Department of W if, another communication, in which I represented in the strongest and most explicit terms, the necessitjr of our. having a naval force superiour to the ene- my on the lakes ; and that without it, and unless the army I was to command was strengthened by additions to its numb«rs, and unless it were followed by detachments to keep open the com- municaticn, and insnre its supplies from Ohio ; and unless it was supported by co-operations on other quarters, my army could not be able to maintain itself at Detroit, much less carry on offen- sive operations in the enemy's country.. % After these CfMnmunications, and under the cir« cumstances in which I was placed, I ask you, my fellow-citisens, whether I had any reasqn to be- lieve it to be the expectation of the government, that I should have obtained the command of the lak€S ? But in this I was mistaken. It really ap« pears, that it was, because the President says, in the Message I have quoted, " Our expectation of " gaining the command of the lakes by the inva- ** sion of Canada from Detroit having been disap- ** pointed,' measures were instantly taken to pro^ ** vide on them a uxvfA force, superiour to that of ♦♦ the enemy.' ft ' ^--A.,., iJWi- 'ITSS-J^t;"" GENERAL HULL. svii The other object was, ** to maintain c6-operat- ** ing relations with such forces, as might be most *' conveniently employed against other parts." I opened a road of two hnndred miles through a savage wilderness, invaded the enemy's coun- try, remained a month in the possession of it, waiting for co-operating relations, until I was in^ formed I should receive none i and until general Dearborn, instead of co-operations, agreed to a cessation of hostilities, which afforded the enemy an opportunity of concentrating his whole force against my little army. By the documents of the government, it thus appears, that these were the objects of my expedi- tion ; and because I disappointed the expectations of the administration in not obtaining the com- mand of the lakes, with the few Ohio militia I com- manded, and did not maintain co-operating rela- tions with other forces, when there ^ ere none to co-operate with me, I have becr^ condemned. I do expect, my fellow-citizens, when you be- come acquainted with the true history of my case, you will reverse the unjust sentence which has been pronounced agsunst met I am now perfect- ly supported by a consciousness of having done my duty in the most faithful manner, and my only '• 'u" ' . I'' !* xviU ADDRESS OF GEN. HULL. detire is, to convince you and posterity of the purity of my motives, and the correctness of my conduct. Under this support I am tranquil and happy. Had I pursued any other course, I should Want the consciousness which I now feel, and in Mncerlty I can adopt the language of Pope, ' * One Kir apgnfiag ham wMe yam oatwdijl i "OfttupidtUKnandofloudhttssM; ^ "And more true Joy MareellMadMfteU, ** Thn Cmmt witb a MMte at hii hedt." William Hullk Newton, (Mass.) June Ist, 1814. - ■ '—r »)'•'<»*' ■«- ^ -, I -■■ -.-.•..»,-■,..,..■,.- CHARGES. //' AtavamalCoartlbrtiaKonlaed I17 the Prnkknt of the United 8tatM}« Tcned at Albmy, in the State of Mew«Yaric, on the thiid day of Jannarjr one thouiand eight hundred and fimrteen, and continued bj a^onnnnentt to the twenty-flAh day of March fidlowing, brigadier geneml William Hull, of the army of the United State*, wai tried on die firikminc chaigca and ipecUca* tioni, viz: CHARGE I. rpRSABON against the United States, between the ninth of April and the seventeenth of August, eight- een hundred and twelve. First, specification. In this : That on the first day of Juljr, in the year eighteen hundred and twelve, before that time and ever since, an open and public war was, and is yet carried on and prosecuted by and between the United States of America and their ter^ ritories, and the united kingdom of Great-Britain and Ireland, and the dependencies thereof: and that Wil- liam Hull, a brigadier general in the army of the said United States, a citizen of the said United States, owing allegiance to the said United States, and late commander of the north-western army of the said United States, well knowing the premise, and trai- torously and unlawfully designing and coi-^triving to send and convey intelligence to the said enemies of the said United States, touching a declaration of war by the said United States, against Uie said united kingdom of Great-Britain and Ireland, and the de- pendencies there(^{ and, also, touching the expedition on which the said north-western army under his coio- n CHARGES AGAINST mand at aToreiaid vai employed; and, also, touching the numben, itate and condition of the taid north-west- ern array ; in prosecution of the said traitorous and un- lawftil design, on the said first day of . .ly, in the year aforesaid, at the rapids of the river Miami of the lalce, in the territory of iMichigan, the said William Hull (then and Uiere bein^* a brigadier general in the army of the United States^^ and l^ing then and there com- mander of the said rorth-Mrestem army as aforesaid,) did traitorously hire or cause to be hired an unarmed vessel, with the pretended purpose of transporting therein certain sick soldiers, and the principal part of the hospital stores belonging to the said north-western army, f^m the said rapids of the river Miami of the lake to Detroit, in the said territory of Michigan, but in truth, traitorously contriving and intending that the said unarmed vessel, together with all persons, papers, and things put on boa>'1 thereof, should be captured by the enemies of the said United States, on the passage of the said unarmed vossel fVom the said rapids of the river of the Miami of the lake to Detroit Bforesaid, in the territory of Michigan aforesaid : and that the taid William Hull, in further prosecution of his said traitorous and unlawful design and contri- vance, (being then and there a brigadier general in the army of the United States as aforesaid, and being then and there commander of the said norih-westem army as aforesaid,) did then and there traitorously put, or traitorously cause to be put on board of the said unarmed vessel, a trunk containing (among other things) the official correspondence of the Secretary of the Department of War and the said brigadier general William Hull, as well touching the expedition on which the said north-westefn army under his com- mand as aforesaid, was then employed, as touching a declaration of war by the said United States against the said united kingdoin of Great-Britain and Ireland, and the dependencies thereof, and also, certain offi- ^9\ moiter-rolls, reports, and returns, of the numben, I ■^ ^ '■w I I " I.. ■•»■ GENERAL HULL. txl •((lie and eondition of the itid north-wettem amy, under his command at aforeiaid : and thatafterwanli, to wit : on the second day of July, in the year afore- iaid, the mUI v^eMel, lo ai aforeiaid traitoronily hired or traitorously caused to be hired,' by the laid briga- dl«^r general William Hull, on iti paiiage from the wiia rapids of the river Miami of the lakje to Detroit aforesaid, was captured by the said enemies of the United States, liaving on board thereof, at the time of the said capture, the said trunlc containing the said official correspondence, ai well touching the said ex- pedition, as the said declaration of tvar, and- the said official muster-rolls, reports and returns, of the num- bers, state, and condition of the said north-western army (together with certain sick soldiers, and the principal part of the hospital stqres belonging to the said northhwestem army,) and by means of the said capture, and in fulfilment of the said traitorous and unlawful design, contrivance, and intendment of the •aid brigadier general William Hul^ the said official correspondence, as well touching the said expeditionyt as the said declaration of war, and the said official muster-rolls, reports and returns, of the numbers, state and condition of the said north-western army, (to- gether with certain sick soldiers, and the principal part of the hospital stores of the said north-western army,) came to the possession, knowledge and use of the enemies of the said United States ; giving infor- mation and intelligence to the enemies of the said United States, as well toqching the said expedition, as touching the said declaration of war, and, also, touching the numbers, state and condition of the said north-western army of the said United States, then and there under the command of the said brigadier genera] William Hull as aforesaid; whereby the said William Hull, on the first day of July, in the year aforesaid, at the rapids of the river Miami of the lake aforesaid, in the territory of Michigan aforesaid, (being then and there a brigadier general ift the army ,„.,»...... •■'-•'«! »dl CHARGES AGAINST «f the United States and being then and there com* mander of the said north-Trestem army as *afore8aid) and being then and there a citizen of the said United States, owing allegiance to the said United States,) did thfen and there traitorously and unlawfully hold correspondence with, and give intelligence to the enemy, and did then and there •traitorously, by the means aforesaid, adhere to the enemies of the said United States, giving them aid and comfort. Second specification. And also, in tins : That afterwards and during the said war, so as aforesaid carried on and prosecuted by and between the said United States of America and their territories, and the said united kingdom of Great-Britain and Ireland, and the dependencies thereof, the said north-we?tem army of the said Uqited States, under the command of the said brigadier general William Hull as afore- said, having entered the said British province of Up- per Canada, and haviu <; established a military post at cr near Sandw^ph, in the said British province of Upper Canada; which it was the duty of the said brigadier general William Hull to maintain and de- fend, in order that tt said war might and should be advantageously carried on and prosecuted on behalf of the said United States, and more especially that a certain British foft called Maiden, otherwise called Amherstburgb, in the said British province of Upper Canada, occupied by the enemies of the said United States, might and should be advantageously attacked and taken by the said north-western army of the said United States, under the command of the said briga- dier general William Hull as aforesaid, yet the said William Hull, (a brigadier general in the army of the United States, a citizen of the said United States, owing allegiance to the said United States, and com- mander of the said north-western army of the said United States as aforesaid,) well knowing the premi- ses, on the eighth day jo( August, in the year one thousand eight hundred and twelve, at Sandwich GENERAL HULL. xxiii sforesaid, in the British province of Upper Canada aforesaid, did then and there traitorously and unlaw- fully conspire and- combine with certain enemies of the said United States, (whose names are unknown) to quit and abandon to the enemies oi the said United States, the said military po^t established by the said north-western army <^ the said United StatcHs, at or near Sandwich aforesaid, in the British province of Upper Canada aforesaid, and to prevent the said British fort called Maiden, otherwise called Amherst- bui^h, from being attacked and reduced, or an attempt being made to reduce the same, by the said norlli- westem army of the said United States, under the command of the said brigadier general William Hull as aforesaid ; and that the said William Hull, (then and there being a brigadier general in thearmy of the said United States, then and thete being commailder of the said north-western army of the said United State?) and then and there being a citizen of the said United States, owing allegiance to the said United States) in prosecution of the said traitorous conspiracy and combination, did then and there traitorously qiui and abandon, and did then and there traitorously c^u^^; to be quitted and abandoned, the said military po€|:,^._^^ established by the said north-western army <^ Um^I^'^'v§^^, said United states as aforesaid, at or near Sandwich ' ^r^^H^^ as aforesaid^' in the British province of Upper Canttda v : •> aforesaid, and did then and there traitorously neglect and omit to make the proper preparations for attack- ing and reducing, or attempting to reduce the said British fort called Maiden, otherwise called Amherst- burgh, but on the contrary, did then and there traitor- ously prevent the same from being attacked and re- duced, and an attempt beingmade to reduce the same by the said north-western army of the said United States, then and Cxere under his command as afore- said : and, in further prosecution of the said traitorous conspiracy and combination, did then and there trai- torously march, withdraw and remove, and traitorously c ' • i iff. XXIV CHARGES A0AIN9T order to be marched, withdrawn and removed, the main body of the said north-western army of the said United States, from the said military post established by the said north-western army of the said United States, at or near Sandwich aforesaid, to a place out of the said British province of Upper Canada, to wit; to Detroit aforesaid, in the territory of Michigan aforesaid ; whereby tne said William Hull, on the said eighth day of August, in the year one thousand eight hundred and twelve aforesaid, at Sandwich aforesaid, in the said British province of Upper Ca- nada, (being then and there a brigadier general in the army of the said United States, and being then and there commander of the said north-western army of the said United States, and being then and there a citizen of the said United States, owing alle^ance to the said United States,) did then and there trai- torously conspire, combine, and hold correspondence with the enemies of the said United States, and did then and there traitorously and shamefully quit and abandon, and traitorously and shamefully cause to be quitted and abandoned the said military post, so as aforesaid established by the said north-western army of the said United States, at or near Sandwich afore- said, in the British province of Upper Canada afore- said, and did then and there traitorously neglect and omit to make the proper preparations f^ attacking and reducing, or attempting to reduce the said fort called Maiden, otherwise called Amherstburgh, in the said British province of Upper Canada, but did then and there traitorously prevent the said British fort called Maiden, otherwise called Amherstbui^h, in the said British province of Upper Canada, from being attacked and reduced, or an attempt being made to reduce the same by the said north-western army of the United States, under his command as aforesaid, and by the means aforesaid, did then and there trai- torously adhere to the enemies of the said United States, giving them aid and conif(Nrt. r. r^^^.^^-^1 ^li GENERAL HULL. XXV Third specification. And also, in this -.—That Bfterwards and during the said war, «o as aforesaid carried on and prosecuted, by and between the said United States of America and their territories, and the said united kingdom of Great-Britain and Ireland, and the dependencies thereof, to wit : on the sixteenth day of August, in the year one thousand e||;bt hun- dred and twelve aforesaid, at Detroit, in the Michi- gan territory aforesaid, the said William Hull was then and there a citizen of said United States, owing allegiance to the said United States, and was then and there a brigadier general in the army of the said United States, and was then and there commander of the north-western army of the said United States, and was then and there commander of a certain fort, called Fort Detroit, and belonging to the said United States, erected at or near the toWn of Detroit, upon a bank of the river Detroit, in the said territory of Mi- chigan; the works whereof, and the guns and gun- carriages belonging thereto, then were, and long be- fore had been decayed, dilapidated, and out of repair. And that the said brigadier general William Hull, then and there did traitorously conspire and combine with certain enemies of the said United States, (whose names are unknown,) then and there traitor- ously and shamefully to surrender and abandon to the enemies of the said United States, the said fort, called Fort Detroit, lielonging to the said United States as aforesaid, and then and there under the command of the said brigadier general William Hull as aforesaid, with all the troops, regulars as well as militia, then and there under the command of the said brigadier general Hull as aforesaid, and . all the public stores and arms, and all public documents, including every thing else of a public nature, appertaining to the said fort, called Fort Detroit, and to the said north-west- ern army of the said United States, under the com- mand of the said brigadier general William Hull as aforesaid. And that in prosecution of the said trai- i ■11111 JMmr.t' "i \n ./<^ •A XXVI CHARGES AGAINST torous conspiracy and combination, the said brigadier general William Hull did then and there wilfully and traitorously neglect and omit to repair and strengthen the works of the said fort, called Fort Detroit, then and there under his command as aforesaid, and to piit the same (together with the said guns and gun-car- riages belonging thereto) Into a proper state and condition for resistance and defence against the ap- proaches, attacks, and assaults of the enemies of the said United States. 'And did then and there wilfully and traitorously neglect and omit to fortify the places and passes at and near to the said fort, called Fort Detroit, by and through which the troops of the ene- mies of the said United States might then and there reasonably be expected to approach, and did approach the s'-id fort, called Fort Detroit, for the purpose of attackiirf «aA subduing the same. And did then and there traitorously neglect and omit to oppose, resist, re];)el and defeat, and to attempt to repel And defeat the troops of the enemies of the said Unked States, in their hostile preparations, and approach to and towards the said fort, called Fort Detroit, for the purpose of attacking and subduing the same. And that in further prosecution and completion of the said traitorous conspiracy and combination, the said briga- dier general William Hull did then and there traitor- ously and shamefully abandon and surreAder the said fort, called Fort Detroit, then and therd under his command as aforiesaid, (which it was his duty then and there to maintain and defend,) together with all the trOope, regulars as well as militia, then aAd there in the said fort, called Fort Detroit, then and there belonging to the said United' States as aforesaid, and then and there under his command as aforesaid, and all the public stores and arms, and public doctimi^nts, including every thing else of a public nature, in and appertdning to the said fort, called Fort Dc;ti>oit, and to the said north-western army of the said United States, then and there under his conunand as afore- OENfiRAL niTLL. xxvli •aid, unto the enemies of the said Unit^ States, to 'wit;-rto the British forces then and there under the command of mfyor general Brock; whereby the said William Hull, on the said sixteenth day of August, in the year one thousand eight ' hundred and twelve aforeraid, at Detroit aforesaid, in the territoiy of Mi« chigan aforesaid, (being then and there a citizen of the said United States, owing allegiance to the said United States, and being then and there a brigadier general in the army of the said United States, and being then and there commander of the said north- western army of the said United States, and being then and there commander of the said fort, called Fort Detroit, belonging to the said United States as afore- said,) did then and there traitorously and shamefully abandon and surrender the said fort, called Fort De- troit, to the enemies of the said United States, to wit: —to the said British troops under the command of nuyor general Brock as aforesaid; and did then and there by the means aforesaid, traitorously adhere to the enemies of the said United States, giving them aid and comfort. CHARGE II. Cowardice at and in the neighbourhood of Detroit, between the first day of July and the seventeenth day of August, in the year one thousand eight hundred and twelve. First sbecification. In this :— -That during the said war so as aforesaid carried on and prosecuted by and between the said United States of America and their territories, and the said united kingdom of Great Britain and Ireland^ and the dependencies thereof, the said brigadier general William Hull, c<Hnmanding the north-western army of the said United States as aforesaid, having entered the said British province of Upper Canada, in prosecution of the said war on be- half of the said United States, and being there in pos- ■H. xxviii CHARGES AGAINST •«88ioii of 'the town of Sandwich and the ftcyi^^Mt country, in the name and cm behalf of the said United States, and having declared and avowed the ol^ect and intention of attacking and subduing the British fort called Maiden, otherwise called Amberstbuigh, in the said British province of Upper Canada, and, ge- nerally, of maintaining and enlarging his position and possession in the said British province of Upper Canada, on the eighth day of August, in the year one thousand eight hundred and twelve, at Sandwich, aforesaid, in the British province of Upper Canada aforesaid, did then and there misbehave himself before the enemy, and shamefully manifest an undue fear and apprehension of danger by a course of conduct and conversation evincing personal alarm, agitation of mind, and privation of judgment, by abandoning the sai'l object and design of attacking the said Bri- tish fort called Maiden, otherwise called Amherst- burgh, by quitting the position and possession taken at the town of Sandwich and in the ai\jacent country, in the British province of Upper Canada as aforesaid, and by retreating abruptly from and out of the said British province of Upper Canada to Detroit, in the territory of Michigan aforesaid, without any cause for so doing, arising from the superiour numbers, state and condition of the Britfeh forces which were then and there dp- posed to the said army of the said United States, under the command of tiie said brigadier general Wil- liam Hull, and without any other just and sufficient cause whatsoever; whereby the officers and soldien of said north-western army of the said United States, then and there under the command of the said briga- dier general William Hull, were induced to lose and did lose all confidence in the personal courage and the military capacity of their said commander; the inhabitants of the said British province of Upper Canada were taught to distrust the power and profe8> sions of the invading general ; a shade was cast upon the reputation of the American arm«; and the service t/^.<.*J! lt0IiNEttAL HULL. xxix of the said United States, in tlie proseeutlon of tlie said war, Butfered great detriment and disadvantage. Second specificatioit. And, also, in tliis :— That during the said war so as aforesaid carried on and prosecuted by and between the said United States of America and their territories, and the said united king- dom of Great Britain and Ireland, and the dependen' <;ies thereof, to wit : on the fifteenth day of August, m the year one ^thousand eight hundred and twelve aforesaid, the enemy having raised certain batteries on the banks of the said river Detroit, in the said British province of Upper Canada, opposite the said fort Detroit, and certain American posts and batteries estaUisKed and erected near the said fort Detroit, in the said territory of Michigan, and a cannonade being commenced from the said batteries of the enemy against and upon the said fort of Detroit and the said American posts and batteries established and erected near thereto, in the said territory of Michigan, the said brigadier general William Hull, on the said fif- teenth day of August, in the jetmone thousand eighty hundred and twelve afbresaid, at Detroit aforesaid, im the territory of Michigan aforesaid, (being then and there commander of the said fort Detroit, and of the vaid American posts and batteries established and erected near thereto, in the said territory of Michigan, and being then and there commander of the said north-western army of the said United States,) did then and there during the continuance of the cannon- «de aforesaid, shamefully misbehave himself before the enemy, and manifest great fear and apprehension oS personal danger by a course oS conduct and con- versation evincing personal alarm, agitation of mind, and privation of judgment, and particularly by various timid and cowardly actions and expressions then and there used and uttered in the oresence of the officers and soldiers^ then and there belonging to the said north-western army ctf the said United States, and then and there under ms command as aforesaid, as well in ¥ Si zzt CHARGES AOAINSli' I the public street of the town of Detroit, as in place* aiyacent to the said fort of Detroit, and the said American posts and batteries establbhed and erect- ed near thereto, in the said territory of Michigan; whereby a fatal encouragement was afforded for the hostile enterprises of the enemy, a {temicious example (calculated to intimidate and to disorganize) was given to the American troops, and the service of the United States in the prosecution of the said .war, was exposed to hazard, shame, and disappointment. Third specification. And, also, in this : — That during the said war, carried on, and prosecuted by and between the said United States of America and their territories, and the said united kingdom of Great Bri- tain and Ireland, and the dependencies thereof, to wit : on the sixteenth day of August, in the year one thoo- sand eight hundred and twelve aforesaid, the British forces under the command of major general Brock hav- ing crossed the said river Detroit, having landed at a place vailed Spring Wells, otherwise called Spring Hill, in the said territory of Michigan; and having thence marched towards the said fort of Detroit, with the design to attack the same, the said brigadier ge- neral Hull, on the said sixteenth day of August, one thousand eight hiandred and twelve aforesaid, at De- troit aforesaid, in the said territory of Michigan, (be- ing then and there commander of the said fort of JDetroit, and being then and there opmmander of the said north-western army of the said United States) did then and there, during all the time of the enemy's crossing the said river Detroit as aforesaid, landing at the said Spring Wells, otherwise called Spring Hill as aforesaid, and marching towards the said fort Detroit as aforesaid, with the design to attack the same as aforesaid, shamefully misbehave himself be- fore the enemy, and manifest great fear and appre- hension of personal danger, by various timid and cowardly actions and expressions then and there used and utter^ed in the presence of the officers and soir n GENERAL HULL. xxsi dien beloB^g to the 4R nortb-'westem army of the »aid United States, then and ther ^mder hia com- mand as aforesaid; by avoiding ak. jjersonal d .ager from malcing an attempt to prevent the enemy^s cross- ing the said rivet to DMroit and landing at the said Spring Wells, otherwise called Spring Hill; avoiding all personal danger from reconnoitering and encoun- tering the enemy in battle on the said march of the enemy towards the said fort of Detroit; by hastily sending flags of truce to the enemy with overtures for a capitulation ; by anxiously withdrawing his person from the American troops in the open field to a place of comparative safety, within the walls of the said fort Detroit; by an irresolute fluctuation of orders, sometimes inconsistent with each other, and some- times incoherent in themselves; by forbidding the American artillery to fire on the army on the said march of the enemy towards the sai !. Detroit ; by calling the American troops from the held, and crowd- ing them in the said fort Detroit, while the enemy was on the said march towardo tho said fort Detroit; by a precipitate declaration to the eremy, that he surrenderwi the said fort Detroit, and.^^.said north- western army of the said United StatesTttefore terms of capitulation were signed or considered, or even suggested; and generally by a course of conduct and conversation evincing personal fear, agitation of mind, and privation of judgment; whereby the said fort of Detroit, and the said north-western army of the United States, then and there under the command of the said brigadier general William Hull, were then and there rendered an easy and certain conquest to the approach- ing enemy; the ofiicers and soldiers of a gallant army (compelled by the obligations of military law to ohef the orders of their commander) were exposed to un- merited mortification and reproach ; and the service of the said United States, in the prosecution of the 8a^<!| war, sufTeivd great detriment and discredit. ■■■'• m *■> zzsU CHARGES AGAINST FovRTH BPEoiFioATioN.^nci, alio, in this : — Tliat during tlie said war so as aforesaid canried on and pro* secuted by and between the said United States of America and their territories, and the said united kingdom of Great Britain and Ireland, and the depen- dencies thereof, to wit : on the sixteenth day of Au> gust,, in the year one thousand eight hundred and twelve aforesaid, at Detroit aforesaid, in the territory of Michigan aforesaid, the said fort Detroit being tlien ■and there well garrisoned and supplied with cannon, ammunition, and provisions; the said north-western a^iny of the said United States being then and there well supplied with arms, ammunition, and provisions ; and the officers and soldiers thereof being then and there in liigh spirits, and eager to meet and encounter the enemy in battle ; and a fine train of artillery being then and there subject to the orders and disposal of the said brigadier general Hull, for the purposes of defence or attack, yet the said brigadier general Wil- liam Hull (then and there being commander of the said fort Detroit, and of the said north-western army of the said United States) acting upon the impulse of per- sonal <ear tifA apprehension, and contemplating, as the means or personal safety, a shameful abandonment and surrender of tfie said fort Detroit, and of the said north-western armj of the said United States under hb comni; i/il as aforesaid, to the approaching enemy, did then and thsre shamefully misbehave himself be- fore the enemy, and did then and there enter into a disgraceful capitulation with the enemy, containing no consolatory stipulation that the said garrison and army should march out of the said fort of Detroit with the honours of war; no just and humane stipulation for the . security and protection of such of the inhabitants of the said British province of Upper Canada as had accept- ed* the said brigadier general William Hull's invita- tion to join the American standard; nor any reason- able stipulation for an opportunity of reporting to the Secretary for the Departmeht of War the circum- •m^ GENERAL HIT cxiiU •taneet of so unexpected and lo Important an event and did then and there shamefully abandon, surrender, and give up the said fort of Detroit, together vrith all the troops, regulars as ^vell as militia, then and there under his command as aforesaid, and aH the public stores and arms, and all the public documents, includ- ing every thing else of a public nature belonging to the said fort ^ Detroit, and to the said north-western army of the said United States, then and there under hU command as aforesaid, to the said approaching enemy, to wit : — to the British forces under the com- mand of miyor general Brocks without any cause for so doing, arising from the superfour numbers, state and condition of the said British forces ; or from the ac- tual want, or Just expectation of sudden vvant, of arms, ammunition, and provisions for the said fort Detroit, and the said north-western army of the said United States, and without any other adequate cause what- soever; whereby the territorial sovereignty, rights, and property of the faid United States were shame- fully ceded to the enemy; a brave and patriotic army was wantonly sacrificed by the personal fears of the commander; and the service of the said United States, in the prosecution of the said war, sufTered a great and afflicting loss. CHARGE III. Neglect of duty and unofficerlike conduct, while commanding a separate army, between the ninth of April and the seventeenth of August, in the year one thousand eight hundred and twelve. First specification. In this :— -That before and during the said war, carried on and prosecuted as aforesaid, by and between the said United States of America and their territories, and the said united kingdom of Great Britain and Ireland, and the de- pendencies thereof, the said brigadier general William Hull, bei^ig duly appointed to command the north- hi 'm TV^V^^^.^- sxxiv CHARGES AGAINST western army of the said United States, did. actually take an4 assume the command of the said army, on or about the twenty-fifth day of May, in the year one thousand eight hundred and twelve, at or near Dayton, im the state of Ohio, and did thence con- stantly continue i|i the actual command of said army, as well on the march from Dayton aforesaid, to De- troit, in the territory of Michigan, nnd at Detroit aforesaid, as in the British province of ITpper Cana- da, until his capitulation with the enemy, and the consequent surrender of fort Detroit, in t|ke said Mi- chigan territory, witli all the troops, regulars, and militia under his command, to the British forces un- der the command of major general Brock, to wit :— at Detroit aforesaid, in the territory of Michigan afwesaid, oq the sixteenth day of August, in the year one thousand eight hundred and twelve aforesaid. And that the said brigadier general William Hull* unmindful of the important tnist reposed in him, dur- ing all the time aforesaid, and as well on the march of the said army from Dayton aforesaid, to Detrt^t aforesaid, and at Detroit aforesaid, as in the British province of Upper Canada aforesaid, was guilty of neglect of duty and of unofficerlike conduct, by ne- glecting and omitting, with sufficient care and fre- quency, to inspect, train, exercise, review, and order, and to cause to be inspected, trained, exercised, re- viewed, and ordered, the said army under his com- mand as aforesaid; and, also, by neglecting and omitting, in due form and time, to prepare an order of battle, and to make the same known to the said army on the march from Dayton aforesaid, to Detroit aforesaid, in the Michigan territory aforesaid, whereby the discipline of the troops under the command of the said brigadier general William Full as aforesaid, was in danger of being relaxed ; their comfort was liable to be impaired ; their confidence in the military skill ami dispositions of their commander was dimi- nished ; and the said army was exposed to the hazard ■>*■ enEiifot flt0ls» cxxt itoeMTS fMNMivioif . Juidi tiloi In ihto »•««• TIM Miir Hi mM «w iQaifiiiwlMidl MfrM w ngil^gMr^Nit Main^^a^ K^ria> pni4«lie qMBd ^ Itt wlM •!! nr about <l^ ftwt aM|#i|#S£ia^ tar 0^ii««t i<kMiM4> ^ l!li« tarilfeB^ V l«filiiff« oToiidiMb ttini^ ib^l^ liiip^pic lyi^lteimit .aaase to fk» fllAiitrriM eiNi* ^nA tli# t#tf|«diiin, aii4 the mM ittilMWiiM iir Oveat JRiiaiii aadvlialaad, aiirtpAnNABiiMtlltoa^^^i^^ <£%:«iii||r M««Mttl0 tflwlneli^ligr ttim aal tlmw ^lirfmpo^iMteto^^U afriiKVBMil ▼#»!,««« pifCiliig or afim^ to ba put eo board ^tliefeoi; to ba tmiMporCcid b^^it^^paMago ftom the said la^ oT the tl«er Imoii of the lake^ to Detvolt afeietald» rthe laid biigBiQer genefal WttHaaA QaU having wif^ fieieBt eaoie to kiMtrir br to believe the immiiieiit danger of eaptnrO by the enemy to which the said ananned veiiel an tha poiMg^ *'^'*«Btoid| would be exposed) eartahi sifik audiOni^ and a gim part of the hospital stores Ibelonglng to tha said arny, to- gUher irilh a imnk, con^atoing (attenK other tldngn) the jMi«ni hereinliftar mehtiiHie^ vluch it was the dntf iir Oie said brigadier general WiU^am Matt most cami^^to Iceep and preserve from the knowled^^ and Vieir of dia eheiny, that is to say: the oflieial conespon^feoace ofthe Secretary of the Department of War and the iiid brlgpidier general Wqyttam dull, aa tr^ll toiicfaittg ^ espeifBtioftOli i^eh tiie said north- ■1^1 •- Si xixvi ClfAMES AdAINST Weateni Ai% ttiia«r lil» eoiiiiniiiid^ «s ftlbieMi^, ir» then employied, as touotdii^ • didJamtion-cl war t^ tlie said iThiteS SCafesof Ameilea'fl||aliitt the iaw imlted iBittdoiii pt Oceat Bittaln and Iralaod) •fnA the depenaencie* therectff^ and, also, owftaiii otk«r official muster ro^ reports; «(idrettiRiS<tf tib«. mail-. hers, state; and ei<kiditi6ir«f'ili» said aingr ttnfei !# c^nioiaii^ as aforesaid.' AM ib^ «aid unarnl^ y«s- sel on the pattiige 'aforesaid^' firemJUiiBHudd ni|i^s f( the riv^r Miai|fi of the lake towttda Dimwit a^orii^ said^ fift^r#|rdi fo wit : on or^idboiit^^frieaoiid daf dt Jttljr in tWyear mie thonsand e^|liil«ndVBd^d twelYli aA>JreJN^, was eaptmed-bgr the^'^'^n^ hKHmt ohbpaird'^re^ at tli» tlnMof sadft e«pl»^ Ttlie sidd idek solmers, the said hdipttid^itoires^ and tha said tmnk, eontainii^; the aaid oi^d e^aeafi^ dfence, and, adso, tlie said imuAerrolla»;|Bpoit8,. {and retikniB cf the minibers, staite, aiii^ dMH^tiDii of the said army I whereby the said sioli s^jM^eraweye made prisonert of war; £he said Impi^^^stori^ were loiHt td the United States ; and Uie said offieial «9niapQi|» dence, and the iaid muster ioU%reports,>aikd<'retunii! of the numlMtfs, statej and eondkion of the sfid ani^ Cftme' to the p08^eask>lir lukowled^^ and use :of ti;^ enemies df ttie United States, to the greM mmy, of the said United^Stat^s; THtKD sPKCiFiCAtioK. And, also, in tbis >— Thai during the said war io as aforenid cani^oa and prosecuted by and betwe«a the said United States ji(tf America and their tendtori«s, and tlif said ludted kingdpm gf Great Britain and Ireland, and the^P- pendencies thereof, th0 sidd Mpdi^r gfNpmal ^H- fiamHnll, having arrii^<NlwiUitlie«iid nmrtli'Weatem army of the said United States under his command. as aforesaid, at Detroit, in the tenitory (^ lfieh^san» on tlie seventh day of- July, in the year one ttiousand eig^t hundred and twdve aforesaid, and liaving the possesslmi aild command of said fort of Detrmt, Impi that time, eohstaatly, until the ibandoBment md torf OBNIHAL BXm^ xxxv^ «firiftlor«eneiiil Blocks on thf j|»teeBm day of J^»- S^elv**foW«i^«iA finding iflpopi hli^ K£*L* Dethy^aferaMid^^lMt the woi|U^4 tlt«,»iiH.^ D«- ^m wore ©Pwtty dwBWgpd «n^ ^»P%^ i^f*?^ #e COBB lad guiMjiurflagpt M^i*iW« >W ?*»« '®'* ? ihstMit wei» nbo dtmaged upS q## raaiin ajid, %oi«<l1^6rf^»teU knowiiig tho^^i«^(K)|to^^ <S I*?,.*!* fd|k!Soi^tit6 Um Mivlce of flw wnd l^nww SUUes in^N](^(^i^no^lbOjBi^ iKW^»Ip4 l|«^% »Wae ii |itf «>d4iept/in jfoper ip^F «najPspfiS|, faa eittty '^ neglei^of ^Mr % iwgleeling and 9i«ittoj5,>^- ^ ^ M tiii» i^, nii |i98ie8^!pii ai^ |Con|tii»nd.as ^ifore«a^i» ^iiij^rijtiid^^s^^ ji^iMu^^^rewir Mlstletyhetfj^ OMiso to tie fopaire^aiid ^rcpitjli- ^iwdf ^i# *oilt8 of tte wild M ^#^%t#^n4itlni^ opitt^ and 5V!^<?4eni BiaEm^^ Mi^dno^laie lai^ Uie aoririso <^, Ibe i^i TJiMted Stt^eHylo fopair or oaufio to^'do lepdil^ ^9 "fid guns i^d ipjiheairiages, and g«n«aHf ;^fej iNffew^ «?* ontfl^f to |ii|t» or canae to be pntlbe aaid tort cw! De- troit iir«p>o|>6f^l«te and eoi^tion for r^^^^ HefiBHeo^ igf tbe «vopt of m loi^atlonJwid attack by the enomy; whereby the said fort Betroit wif leqian easy oolD^^i to tbe^iiemy » t^ faid guns ai|d giin- earrl^» b^g alt«rw>diMiMI for the aei^ice of the aaW^flitid Bta||», in. flioirjaali m^P^^ ^ ^llppor Canada^ were st^ foimd^tviftt for tianaf^rta- ^^ott>«nd^nse } great tipe was eenaumoti in p^e^ng ft^ fitting ]^m for the said •ervko$;^jaid^he ra ^^DiMK^ the w«r werp^ JatoJJyt J>bstn|<^ and sus- JNttj^n 8«aBciFicATioif . And, also, in ^^|b : — Tlttt/dnrlBg the said war so as aforesaid carruid on nnd pAMeottted by «ndbetween the said tTniM^tates of Ametteaand theif larrifod«»».and the said united idogdom of fiieftl Bfttain and Ireland, and thede- xxxrai CHARGES AOAINST pendeneieB thered") the said birigadiergcporM Wl£^ liam Hidl, dfecluing and ayonfiog m ipt^tiOQ aid design* wUh the aaid nori^weSftiexB afmj <k Ijtie mm . United SM<^s under l^BiBpiipnn^ as <^^ to in^ vade and enter the Biltif^ pf(>vin«« ef lT|Mier Clftni^» to invest und attack i|ie ^rit^fort culled Haldeii^ otherwise called Amhentbuigl|» in the. said Bri^ province, and to mdnttyyo^d ei^a^e hit pppHkai and possebsipiis inthe saidBritiwkprpvjpfMB^.'^ wctt knowing that expeditipn, rescjution, and enieigjr were indi^pensihle to the prosecution i^ad ac(|Bo mp< iiJ? g i e iit of such int^htion and de^g|B*.aiid liaving MidYed at Detrditiiforesaid, in iJhe tcriitoiy c;f MN^!SWa|iH» said, on th«i seven^ idajr of Jwy, in ^e yw one thousaiid «igh|l^, hundred imd iymlfj^'Miv^^ and having invadi^ the said Bnti^ pf|xi^ii^ UVjgigi^ Catiadil^ Oft the twelfth da;jr of Jn%, in the j^aip aforesaid^ and tlie|^m Inl^jpas poBacaa»W|l l^T ilit^^ ^wb of Sandwich aforesaid and halving lir|^ j^ ,jnfl|iii JiKidy of liis iaid annjT evacuated the said Bi^tj^pii^ vince otUpper Canada on the eighth dajr «^ Au^wt*. in the yeai* afpresaid, was guilty of ne||teeil; 9C didy and unofflcerlike conduct, % n^ aeas(im|^%;i^p^ ingjfi^tin^, and ti^ai|}|iorti|ig^ or cauauig tobe r^pi$rcd» ^tte^ and transported, ^ guqs and {pp-caf|iaj|f» which were necessary to the operation m tl^ wArin the si^d British province of Uj^r Cani^ byjMk •useless, and injurious waste qf time and ci|H^<Hrf«q|tl7 at Sandwich aforesaid, in the.s^ BriM^pv^m^e^ of Upper Canada, wiihont makHig^anftttepmt to re- duce the said Britiisb fivt caUed Maiden, pmerwise called Amherstburgli, by an unnecesnuy consuipplicni of time, in pngects.to ccnciliate the British inbabi- tanis of the said British |>rovince of Upper CaiMida, and the neighbouring Indians, without resorting to a more effectual dlaplay o^ a militsury power, capacity, aud disposition to maintain the lu^^uititionB of con- quest, and to perform the promises of protection; by l»o6cpor>ing in the first instance^ aud bf abandoning GENERAL. Hl/LL/ xxxiie British fort ealled M«lde», oflierwise called Anih^rstr bdrgh, and fay fioally eVa^tii^ the said BrifUh pro- ving bf Vpptt Canada, ivhttoatlilvlilig; provided effettiiaily; ik any rctftect, for the safety of the inha- tdtants titelpeof Vrhohad accepted tb« said biicadiejr general William Httll's invitatlcta to join the Ameri- can standard, and without having, in any degree, ac cOMplhihed the said intention aid design of the said brigadier gei^rai William 0iiU, so as aforesaid de- claredand avowed upcitt the invasion of the said Brit- ish province as aforesaid; whentiby ba cpportonity was larded to the enen^ io bring into suspicion and eontempt the power and tlie cor^uet of the Ameri- can coihrnander; to • collect ahd dotmbine the British forces; to s^u^ei itttimldate, and ei^gt^e the In- dians ; t«> awe into submisdon the waveii^g inhabi- taals of the liaid Bif tbh prcvvinee pf Upper Canada; to reinfotrce the siM^British t6n cabled Maiden, other- wise (Balled'Aildiar8tbui|(h; and to prepare for invest- ing and attacking the sfdd fort of Detroit, in the said terrftoiy of M icmgan ; while on the other hand, the said «ni^ of the uid lJnitc$d States, under the com- maiul (rf the said br^adierigrneral William Hull, aa afi^NBsaidf diminishing hi effective numbers in con- sequeitce of sickness and other casualtiesf theofficera and soldiers natwaHy became dissatisfied and 4is- gustdd" with a scene of such inactivity, irresolu- tion, and procrastination; the hope of support and eoNjperation, as'welt fronr the Indians as- from the British inhabitants of the said British province of Uppei* Caioda* was destroyed, and the general ardour of the troops. In the prosecution of the war, insensi-^ biy abated. PivfH aPSGiriCATioir. And, also, in this :— That during- the continuance of the said war, carried oa and prosecikod as aforesaid, by and between the said United States of America and their territories, aai\ the said ufiited kingdom of Great Britain and Ireland* o2 it>wftM£a!tA^ 3h CHARGES AOA^KST tad the ^epeadeEciea Utereof, the mid iNrigwIidt' geneml WiUiasi Hully with the taid nortb-weftteni army of the «akl United Btatedimder biseomiuaidaf aforesaid, arrived, at Detroit aforesaid) in iSle tertkory of MieHgan lt£i»esBid, to wit: on tke^ aerenlb dajr of Jutyv»in tbe year :one thoosand e^bt hundred and twelve aforesai<i ; thiil wxti^ the said army mider hit comroand as aforesidd, he entered irnd invaded the aaid Kiitfsh piovince of Upper Canada* to Tn^t on the twf^th day of Jtdy* in tlie year aforesaid; that with the main body ef the said army under l^s cchu* niand IS aforesaid, he eraeuated the said l&it^sh pvp^ tince of Upper Canada on the eighth ^y oC« Ai^utt* in the year aficMresaid, tipenoe letumini^ lo Dettoit afwesaid, ni the said tenUm^ of Mii^gasi» and thirt he ahandoped, surrendered^ ittd ga««. ti]^ the said ifini Detroit, with all the troops, regularaat well aa mj^tia» under his command as aSmresaid) to the British forec» under the command of mtQ&r g^ieral fteodt^^o wit; on the sixteenth day of Augnat, in the yeur alMresidd. And thnt daring all tlie movemaile a^eesaid, ami dwing all tlie time eforesidd, to wH; from the said seventh day of July> in the year eoe thousand «i|^t hundred «nd twelve afbresaid, to and in^odinfthe said sixteenth day of August, in the year afinPNald* it was of high importance to the eeourity and tofifiy of the aaid fort Detroit, and the s^id .trmy of -tiie iutld United States, under the command of the said MgeK ^r general William Hell as aforcsud, that a free and ^en ccnnmunication shdidd be had and preserv- ed between the said fort vX Detroit and the saidnmy of the said United St-^^es, under the command vi Hbe sud brigadier gei ral William Hall as aforesaid, and a certam American settlement and militaiy post made-uid established at the river Raishi^ in the aaid territory of Mkhigian; and that the said brigadier general William Htdl, well knowing the premiaefv but nnmindful of tiie trust reposed in hho^ was goifity ^ neglect of duty and vnolSeeriihe eonduel, by mf* \v. GENERAL HULU iOt. Ijering tibe enemy to interrapt and ont off tlie said oom* ii!Kink»tion between the said fort of Detroit and the ■aid amiy of the aidd United States under his eon- mAnd aa aforesaid, and the said American settlement nnd fiDJIHtaty port made and established at Ihe river Raiidn aforesaid, in the territory of Michigan aforC' ■aid, t(> wit. ; mi the fint day of August, in the year one thousand e^t himdred and twelve aforesaid, or oa some other day of the said month of August^ or ton sc^e day of the preceding month <^ July, in the year t^resald ; also, by afterwards, to wit : on tiie fourth day criT' August, in the year aforesaid, detaehing; miE^or Thomas B» Van Hmn of colonel JFames Find* lay's regiment of Ohio volunteers, with an inadequate force, {tiie uHA Inriga^er gcmeval William Hull having suffil^ent cause for knowing or believing the snooe to be Inadeqiiate) to attempt again to ojpen the said com- ^anroicailon between the aid foK Detroit, and 4be said Krmy of the said United States, under the command 6[ the said brigadier generid WUtiam H«dl as afore- said,' «nd the: i^id American settiement and militaij poet en said river Raisin, in the territo'y of Miciiigan aferaaald; also, by afterwardsj to wit ; on the eightir da^of August, in the yearaftwesaid, detachii^ lirate- tiaat -«olond Jfames Miller, of the fifth regiment of United' States faifanbry, with the number Or about the iiiimber of five'hundred men to att^i|;t ::^in to open the said comniunicati<m between the said fort of De- troit and the said army of thesaid' United States, under the comMiand of the said brigadier general WUliara ' Hull, and the said Amerieat: settlement and n^Ktary post at the said river Raisin, in the territory of Mi*, i^chi^n aforesaid, and neglectingto furnish and forwarcf, ' or cause to be fiimished and forwarded, the said last mehUoned detachment aft or near Brownstown, in the said tenitmy dT Michigan, on itft march aforesaid, upcm- the service »foresai<,% an adequate simply of pro- visions, (the said brigadier general William Hull hav- ing sufficient cause to' know or to believe that tHe M 'I Wfn^ xm CHAROES AOAIKST said last m^htidned detachment was at 6\ ni town aforesaid, oa iti march aforesaid, upon the 'si^r* Tice aforesaid, in want d" proviiions, and that ^ley could n6t prosecute aiid accooipliiih the said fetrle^ unless an adequate sttppi^ of |>rovisb^^ waii fiimi^^ «nd forwartfef; to theni iit i^ tteiar Browustown iR>re- saidjViaid, also, by aftcnrWhrds; to \r\ii on ihb fi>ur* teentb di^ of August, in the ^'Car aforeisald. delaichliig eolonet DuncaU Mac Arthui^ cohmel of a Kgiment of Ohio volunteers, and colonel Lewis Cass, c^iloiiiEil of another regiment 6f Ohio voInntec», win tito ntifn- ber or about the number of four hundred men, as well to attempt again to open the/«yid c6ii)mQni<$a- ,tion between the said (ort DetA>i{ antf the sdd army of the said United States, tUMtt the conuttanH of the said biig^er getfcrat William Hull as iifore- «aid, and the said American psttlement a^d mili- tary post at the Hver Kaisin aforesaid^ in the teiti- tory of Michigan aforesaid, as to escoii isertain ptp^ visions froift the said American settlement and mi- litaiy post to Detroit afonresaid, without issuing, fur> nishing, and forwarding, or caiirang tobe issued, fvdnilsh- ed and fiMrwarded to the said last mention^ de^cb- ment an adequate supply i^pirovfidonslbr the service on which th^y trerc en^toyed a» aforesaid, (the said brigadier genem) WilHam Hull having sufBcient catiiO to know or to ^lieve that the said last mentioiied de-' tacbment was in want of a fiirther supply of prd^i- sions lipOn the service aforesaid, and ttiat they coiild npt prosecute and aecom|1i6h the said service Unlii^s^ such further supply was" issued, fgroished, BndtM'^ w:uded to them;) whereby the said detikcbmeht, lin- ger the sAid mi^or ThOmas B. Van Horn, being en- countered bv the enemy witit a superiouir fore ?, waf^ defeated and returned to ]>eti^!t albresaid, withoutat^"^' eompHshing the service on whieli they were employ- ed as aforesaid; the said detachment under the said lieutenant colonel James Miller, having achieved. i^ signal victory over the enemy during the maielkoii rr^-^^^asr' .^ — GENERAL HULL. loai Ihe Hffviee aftHresaid, «t or naar Brofwnitown aiferer ■liid, were nererlheleiR compdled^ from the want oC W a«kqimte supply ot praviiiioiiiy to abandon the ler- vi^e OB wUeh thejr were enmloyed as ainteiaid, and toretnpi to Detfc^t aforaiaid$ the viid de^hment liudef t||e lald c^oMlI Duncan Mac Arttnr "vaA the •aid.6<4fli>el Lewis Cass, firom want of an adequate vaf^lf^ of iHTOvisioBi wtsife unable to prosecnie and a«f c4>Q^[$di the senviee on whlehthey owere empkqred as albteiaid, ait4< weie returning to Detit^ afore- said, «t ttp tinie of the ab^ndraunent and ninen- der of the said ilbrt Detroit and the said ar^Ay of ihe United .States to the British forces under the oopuninid of mjw j^neiaf Brock a« aforesaid t and finally, the. said eommonlcatfon between the said fort Detrmt and the wtAA anny of the United States, under tlie cooifliand <^ the said brigadier general Wil- liam Hull, iwd the said American setttement and mi^ litary post at the laid riv«r Raisin, in the territcny of Mitfaigan aforesidd,' bj reasons of the said Jie^ects and omissions of the said brigadier general WiUitt« Htttt as aforesaid, was, and remained interrupted and totally cut (rff by the enemy, to wit: from the said first &y of August, in the year afore; aid, or from some other day in the said month of August, or in the pre* ce^ng mmith^of Ji^y* in the year fiforesaid, to aiui imslnmiit the said sIxteeQth day of August, in the year &ix«n 8i*KcivicATioNw And, idso, in^is :-^Th8t during the continuance of the said war, so as aforesaid carried on and prosecuted by and between tiie said United 6tat^ of .^nerica and thdr territories, and the' said^nited kingdom of Great Britain and Ireland, imd the depemlenoies thereof; the said brigadier ge- neral William fijUtl, with the iK^id n^rth-western army of the.Q^d Unitoil States, under his command as afore> said, having ittvaM and entered the said British pnK vinee of Upper Canada as itf<n«88ud, and having de- «Iitfed and avowed mi tot«ntion and deuj^n of invetli xUy CH ARCHES AGAINST inftedattaeking the said British fort called Mai- den, otherwiie called Amhentburgh, in the sud British province of Upp^ Canada, and a de:aeh> inentof the said army onder hia command aa rtfore- aaid, led by the- said' eokmel Xewia Cass, aiid the aaid lieutenant colonel James Miller, ha^^ng attaek- ed and repulsed he enemy, and seised upon a cei^ tain bridge over the river, called the river Aux Car nard, on the 4roat fttmi Sandwich, in the said Bri- tish province of Upper Canada, to the said British fort called Maiden, otherwise called Amfaersth**rgh, and- an opportunity having thereby been offer r for an immediate investment and attack updn the said British fort called Maiden, otherwise called Amp herstburgh; yet the said Iw^aitter general WilKam Hull, well knowing the (Mremises, and unmindful of the trust reposed in him,' to wit: on or about the eighteenth day of Ju^, in the year one thouKand eight hundred and twelve afoi^esaid, at Sandwich aforesaid, in the British province of Upper Canada aforesaid, was guilty of neglect of du^ and uc- «fficerlike conduct, by neglecting and omitting to advance with the said army under his command as aforesaid, to maintain or attempt to maintain the possession of the said bridge over the said river^ call- ed the river Aux Canaid, and by neglecting and omitting to'-proeeed to the iumediate investment and attack of the said British fort called Maiden, otherwise called Amherstburgh« in the said British pro- vince of Upper Canada, whereby the advanta|^ of acquiring and keeping possessimi <^ the said Imdga over the said river called the river Anx Canard, laa aforesaid, was improvidently losf, and the prospeot of a successful investment and attack i^iop the siddr-Bri- tish'fort called Maiden, otherwise cidledAmhertt* burgh j speedily vanished. >,t>. SevENTH spEoxFieATioN. And, also, in tbiiiTirrr' ' That during the continuance of . the said war^aoaa aforesaid carried on and provecuted by andiietvifiea GENERAL HULt. Hv Urn Mid United Statee of AmeriM aad Uieir tenitoriM, •od the laid united kuMMloni of Great Britain and Ire- land, and the depeBdfficiei thereof^ the said brigadier general Wttliam Hull, with the said UMrth»we>tem^ar- nqr of; ''e said United States under his command, as afoMsald, having evacuaM the said .Brittsli province oC Upper Canada, returning thence to .Detroit afore- said, in the t^muiry pf Michigan afpresaidi the ene- . my having aftenvMds taken possession of the bank of Ae said -river Detrcnt, opposite to Detroit aforesaid, andsthereott erected batteries wherewith to< attack and annoy as well, the sud fort of Detroit, and the Ameri- can posts atid batteries erected and established near thereto, as the town of Detroit in the said territory of Michigan; the enemy havii^ also manifested an in- tention Itnd cfesign to.invade and enter the said terri- tory of Michigan, and CO invest and attack the said fortDetrcdt; and the enemy h&ving also afterwards, in pursuanoe of such intention and design, landed at a plaro called Spring Wells, otherwise called Spring Hill, in the neighbourbo^ of the said fort petroit, in the territory of Michigan aforesaid ; yet the said brigadier general Wiiliam Hull, well knowing the premises, and unraindl'ul of the trust reposed in him, to wit: irom the. eleventh day of August, to and in- dudii^ Ae sixteenth day of August, ki the year one tiioosand eight hundred and tufelve afooresaid, was guilty of neglect of duty and unofficerlike conduct, by neglecting and oniitting to prevent, and to attempt to prevent the enemy from erecting the said batteries on the bank of the said river Detroit, opposite to the said f<fft of Detroit, aforesaid: by n^Iecting and omitting to fortiify the landing place at the ssdd Spring Wdls, otiierwise called Spring Hill, in the territoiy 6[ Mif^higan i^oresdd ; aud by neglecting and omit- ting to annoy and attack the enemy mi and after his landing at Spring Wells, o< '^erwise called Spring Hill aforesaid, in the territory ^ Michigan aforesaid n whereby the enemy was enabled securely to erect ■II -*,! '^f¥f^SPM f.V'* P^'-: m ^M CHARGBS AG All^aX GEK. Hu LL. llM Mid l«tlMfa»iiB tlMtaakortlieMlArhFjillflnft w afoiwaid, Ibr attacMM jM^iMogri^i «tiMI tlw m^^ Aft or JdetNlt, jiMk WPUiwrioaii porti wd btfierles M«et«a And «iilalnfM «iiw UmiMoi « ^ mM tofm of DtftNil, to i«v«de His said ItinMofsr af Miehigtii wftiiocle|i|iMitfMifM'llMt» «adl»tqipioM> the Mid ^ DctNM with the air and eiHdldmice «C alrimiiDh* • A.J BAIXAIB, ■•WiaSsr*'! iaiiiiiiiir -^y^^^^^'^ ^■''^''^^"^^'^^^^ BEFENCE »T V- BRIGADIER GENERAL HULL. Mir* PMidBnt^ AadO^itlamtn of dw CMurt^Mwtiai, I HATE too long, and too severely felt the effects of public pr^udice, excited by unfounded reports and groundless clamours, not to r^oice, that the time has arrived, when I may speak in my own vindication, before an tn^ftto/ and honouraHfle tribunal. The charges, upon which you are now to decide, have been propagated through the union, with a seiU and tfuluAfry, to which my age, my cAfl|acter, and my former services, have b<^ in vain oppii^fid. My reputation and feelings have been tiie sport of every one, who either from malicious, selfish, or poli- tical motives, chose to traduce me. The time has been, when no one would have dared to couple^ho- nour ^ith my name; when my heart has exulted to, find myself mentioned amtHig those who desei^i^ well of their oountry. But since my jefforts to serve 2 ^'0C'-"^-'.: -^-Tt*!^ ^M8 2 DEFENCE OP her, have been unsucceMfuI, how have I been tortorad with crnel and unfounded accu^tions !— Even con- scious innocence has not always given me fortftiide to bear with ^his ii\ju8tice, unmoved.— Knowing the integrity of my own motives, and how lealously I have sought to discharge my duty to the public, my heart lias often swollen wiUi indignation, when lliave seen the indefatigable pains that have been taken, by repetitions of the foulest calumnies, to excite, and k«ep alive, prejudices against me. Your own knowledge. Gentlemen, of what has been passing in tha world, will convince you, that this id not declamation^; but I shall shew you, in the course of my defence, that men» from whose profession and whose rank it was not to be expected, have been parties in this iiyustiee. At length, however, the time I have so anxiously desired has arrived, when my conduct must be tested by dddencCi instead of the misrepresentations of my enemies. And I do eel a confidence, that when you hav« pronounced upon that evidence, I may ap- peal to your ju^;nient to refute the clamourt- which have been jaised against me. ' ^ I cannot but think, IMtr. Prerident, thut the charges against me are exhibited in a form, hitherto unprece- dented in proceedings of this nature. It was not to be expected^ that in a court where the accused* whatever may be.|hi8 infirmitieft or incipacity td at> tend to tiis own ifltefence,. is not permnted to have the benefit of counsel, the charges would be envek^> ( I f: '^i^^'^^^r^'tr^.'^^ GENERAl. HULL. » •d fai toch a profusion ef words, that it it diffloult Tur oiie,^iKrt aecuttomed to the teclmical fomis of pleidings in the eivil courts, to understand them, and be so eompHoated by repetitions, that it is still more diffi- cttlt to reduce them to any order or analysis. It is extremely important, however, that the Court shoidd ascertain, and always bear in mind, precisely of what I am accused. The course of proceeding, which has been adopted by the Court, renders this the more necessaiy, as testimony has been given, which certainly cannot be applied to any of the spe- ciAcations. The Court have thought proper to ad- mit it, with an intimation, that any further objection, which I might offer to its propriety or relevancy, when I arrived at this stage of my defence, would be con* sidered.— In submission to this decuion of the Court, I have omitted to make otgections on this ground in •eyeral instances. i iMI not attempt to offer an argument to the Court, to plov« the injustice of making one charge against a penon, and trj^g and coiivicting hin|0|^|- other, l^d however understand from what pHK when I fiist submitted to the Court an objection of this nature, ihat an opinkm was enteitained by some oi the tfMmbers, that thoqgh the testimony might not apply to any^specificat^i, yet if fte fact intended to be proved would come^^illder dtter of the general charges, tliejr iestfanony w& be proper. If tliis' were so, then there woidd be no Hie in the specifications. Indeed mm M % ■^- E*> DEFENCE OF they vould be worse than uaeless, for they would only mislMid the accused, and induce hun to prepare against one accusation, when he might he tried on another. The impropriety of a^teutting any thing rai- der the general clnu^e, for which tiiere k not a spe« cification, I think will appear manifest Let us sup- pose, that & general charge is made of unofficer>like conduct, and the only specification, insulting a supe- rioiir. Suppose that under this general charge and specification, testimony should be offered of absence without teave. This would also, be unoffice^like con- duct, and therefore would come under the general charge. ^ But would it not be the height of injustice to try the accused for absenting himself; a cnn^ (^ which the chains gave him no notice. I trust the Court will see the validity oS the objection I am con- sidering, and that they will be careful to give no weight to any part of the testimony, which does not apply to some one of the specifications. I do not think it necessary to occupy the time of the Court with a recapitulation of the charges, nor shall I exhaust your patience by attempting, in my qPH^, to follow the vobtme on your tabl% through all its reiterati<ni8. . It will be found, for the most part, to be a repetition of ^e same facts, displayed in the jargon of special pleading, with an Uicongruous dis- semination of such -opprobrious epithets, as fiincy might furnish to heighten the imputatioii of ^t. I shall endeavour to arrange and considW the accusa- tions in such order as will enable me to bring my de-> >.^. GENERAL HULL. I, feiieJB into «one cfnupasB, and fo be the better vajAet' stoodM-I shall particularly notice the charges, which the Judge Advocate, in his opening, ttkentioned as those which he expected would be substantiated, and I ^all not mnitto malce ny defence i^ainst every accvisaticm, ^hich theri^ lias been tiie least testimony to support The cardinal accusations, If I may be permitted so to express myself, are founded upon an alleged delay at Sandwich, the retreat from Cuiada, and the sur- render at Detroit. If I can sati^/y tiie Court that tiiese acts were in tliemselves necessary, ot justifiable, it will then remain for me to answer such of the ac- cusations as relate to the manner in which these acts were done, and to answer also some chaiges not im- medfately connected with these transacticns. This course will embrace the whole <^ my defence. "Of this latter description, is the first 8pecificati<«, under the «lHffge of treason, which relates to the vessel sent from the Miami, I shall therefore give this a separate considerati<Mi ; and as it stands* first and highest in the black catalogue of the crimes which are imputed to me, and is repeated in other specifications, I shall, in the first insiuice, ask the attention of the Court to (bis sulgect. > 1 liave already protested against the authority of this Court io decide upon this charge, because trea* son is a crime of which a court martial has no c(^- mzance. Their power is confined to such militarv 2* ■v*-i 6 DEFENCE OF crimes -as are specified in the articles of war. And their jurisdiction rs so limited, notonljr bjr the ccmsti'' tution, but by the Teiy articles th<Mnselves, I have thought it my duty^in the most solemn manner, tr> make and insist on this protest, Tot Uie sake of repellkg a dangerous example, and not as it respects myself, i>r the case now onder yeur consideration; for my only desire is to accjuit myself of the criminal acts and mo- tives which liave been so wantonly imputed to me. If I cannot succeed in this, I am indifferent as to the names by which the crimes may be called, and if I do not acquit myself €S the other charges, which are the most wounding to the feelings of a solcUer, I am equally indifferent to the punishment that may be in- flicted. I have no desire to preserve a life, that shall be stigmatized by a conviction of tins Court oh the charges of cowardice. The first specification, under the chaise of treasor ^elates to sending the vessel, on the first of July, from, the Miami, with hospital stores^ sick, Vaggage, and army documents. As to sending the vessel with what she had on board, except the last article, it is not dis- puted; but that for the reasons, which according to the testimony of general Mac Aitiiur, I assigned for it at the time, it would not have been an improper measure had not war been declared. The whole .ciiminality then, in this respect, rests on the truth, of the allegation, that I despatched the vessel, knowing of the war; and with a design to give traitorous in- tell^ence to the enemy. GENERAL HULL. tt is very certain that I had no direct intell^nce cf the "^m on the first of July, when the vessel was desfiatched. I had ^n the twentf-sixth tii June re- cdved a letter from the Secretary at War, dated on the day war was declared, the eighteenth of June; and I afterwards received another letter from him of the same date, announcing to me the declaration of war. It seems to have been intimated that the letter of the eigliteentb of June, wMch I received on the twentynsixih, was the letter announcing the war. But I thhd^ the testimony of general Mac Arthur settles that point. He acknowledges that I shewed him the letter which I received on the twenty-sixth of June at the time I received it. And also the letter which I received on the second of July, at the time that letter came to my hands. But if the testimony of general Mac Arthur^ »id other witnesses, left any douM on this subject, it must be removed by a reference to a letter from me to the Secretary at War, which has been read by the Ju^je Advocate, dated at Fort Find- lay on the twenty-bixih Jime, which acknowledges the Kce^t (tf the letter from him of the eighteenth of June, which I had then received. In which I say, "in ^ event of a mar^** it will be necessary to pur- sue c^rtaiik measures. I think this is evidence, not only that the letter, which I had received on the twen- ty-si^rlh of June, was'not the letter which announced the war, but that the letter which I did receive, gave me no expectations that war was declared when X wrote;. ■% N M t:* J ) Ff*'V i jmvimcm of It may be add, however, in the bmgtkage of eome of the specificai&HiS, that thongh I had no certain in- formation of the declaration of ifpff when I despatch- ed the vessel, I had ** sufficient cause to know or be- *' lieve that warthen existed." As I have said the first letter fromthe Secretary at War dated on the eighteenth of June, gave me no cause to know or t>eiieve the fact, r!1 that is in that letter which could hysay possibility be supposed to have relation to sudi an event, are these few w(Mrds, "circumstances have recently oc* " cunvMl, which render it necessary you should pursue *< your niarch to De^it with all possible expedition." This was hut a reiteration of my former CMders. In the letter from the Secretary at War of the juiuth of April, I am directed ''to repair with as little delay as ** possible to Detroit.** How then was I to infer, from this letter, that war had been declared ? I did never suppose, that if war was declared, I should receive a peremptory order fnnn Washingt<Hpi, to march my whole army, in all events, to Detroit; thereby leav- ing the enemy at Maiden, eighteen miles in my rear, directly on my line of communication, with all the facilities which he had, by reai^on of his command of the waters, to cut off my supplies. Such an oivler ap- peared to me so inconsistent vflih my military expe- rience, that I did not suppose it could hive been found- ed on a declaration of war, or even on a prospect of immediate hostilities. I did suppose, that, in the event of a war, a discretion would have been left me, to conduct my troops in such a manner, as I might judge firom circumstances would be most conducive to tbei^ 11/ GENERAL HUIX. nectiritjr, and most likely to effect the destructloii of tiie enemy; and that I^should have been left at liberty to post my army in what I might think the most ad- vantageous situation. I did suppose, that when it vras seen that war would be immediate and inevitable, I ' should have been informed ol measures taken to re- iiif(wce me, and to keep q;ien the road, which it was known I was obliged to make for near two hundred miles through the wilderuesa, apd ou which my army must depend for its supplies. I did suppose, that I should have been informed <^ eo-(^rations intended for my support, and of means provided for my eomr municating with those who might direct those coope- rations. And I did suppos%i, that I should have been informed of measures, taken to obtain the command <^ the waters. All my intercocrse, as well previous- ly as subsequently to my appointment, as I shall here- after prove, with the executive officers of the govern- ment, gave me reason to expect, that all these meap sures would be pursued in the event of a war. How then was I to understand, from this simple intimation, that circumstances had occurred which required that I should pursue my march to Detroit with expedi- tion, that war*#a8 actually declared or immediately expected? Besides, it naturally occurred to me, that if the circumst&nces alluded to by the Secretary were a declaration of war, or such as would immediately lead v^o it, I should be told so explicitly. I could con- ceive no reason for making his communication to me in ambiguous terms. But it may bet said, that general Mac Arthur haa proved, by the testimony which be has given, relative il. m4 ) -vl : M • •!.' ;' *M 5>K* 1 Ul ,: ' .-- to DEFENCE OF to convenatioiu he had 'with me when ! received Uie ' letter firom the Secretary 4t War, on the tiventy-Blxth Junej and when I despatched the vessel on the first of July, that I bad ** sufficient cignse to know or *' believe that war then existed.*' . General Mac Arthur's testimony on this sulgect is AS follows : ** On the evening of the twenty-sixth of ** June, an express arrived ttom Chillicothe, bearing a ** letter for me, another for general Hull. I went " with the bearer to general Hull, who opened hb let- ** ter and handed it to me. It was from the Secretary ^* at War, dated June eighteen, eighteen hundred and *' twelve. It stated, that circumstances had occiwred ** that made it necessary that the General should pro- ^ ceed to Detroit, take measures for defence, and wait ** for further orders. I also received a letter from a friend, quoting a postscript to a letter from general " Worthington, a senator in congress, which iMMtscript said, * before this reaches you. War will be declared.* V I stated to Uie General, that col<mel Dimlap, the *' H juer of the express, had told me, that before that ''time war was dedared. The General than asked ** me what I thought of the Secretary% letter. I svid ** I thought it notice <^ a declaratifm of war. The ** General sdd it seemed very much like it. The " General and I had a great deal of conversation on ^ the information we had, from time to time, received, we appeared to agree that war was certainly dwjhtfvd.** 4< U m^ II <>• GENERAL HULL.' If General Mac Artliur fiirtfaer testifies, ** that on the « inorcing of the day on which we left the encamp* ** ment near the Miami, the General sent for me to *' his tent, and stated that he thought (tf sending the ^ bag^ge by water from that place. I said I thought " it hacardous, that possibly the British might have " informatiim of war, and might take the vessel. "The General replied, he could not imagine ''^ there was any duiger, the wind was fair and the ves- ** sel would pass in a short time ; adding that he could " not take upon himself the responsibility of carrying " on the teams any furUier. I think there was a ver- "■ bal or written order to embark the baggage. I stat- *^ ed to Ae General that I did not like to send on my '* baggage,, but if it was a general order it must be *< complied with. We proceeded on towards Detroit, *' and on the first or second evening after, the com- ** mandants of cixrpB were called to the tent of general '* Hull, and were informed, that a letter had been re- « ceived from the Secretary at War, announcing the *' declaration of war.*' The witness further stated in some part of his examination, that notwithstanding the order, he sent nothing by the vessel but his mesa boxes. I mntit beg leave first to remark to the Court, that thi» t«38timony of general Mac Arthur affords strong evidence of the fallibility of his memory. Foriie states, that the letter from the Secretary of War, which I shewed to hiin at Fort Findlay on the twenty-sixth i->^'. . .#'' . ■j fH i i a i iM i «i »»«»*j'i; I 12 DEFENCE OF ¥/•■ • I ! i ' ^ L ] w W"'- \i hf, k\-. J of June, ordered me to " proceed to Detroit, tak<^ mea- sures for defence, and wait for further orders.*' An order to prepare for defence would have been a much more significantintimationof a declaration of war than anj thing the letter c6ntaiaed. A copy of the letter fur- nished by the War Pepartment is before the Court, and will prove how far general Mac Arthur may be mis- taken. The expretisions which he gives, as having been contained in the letter which he saw on the twenty-sixth of June, are contained in the letter an- nouncing the war, which was shewn to him on the second of July. It cannot be pretended, that he might have seen this last mentioned letter on the twenty- sixth of June, because if that had been so, there could not have been, after the explicit information contain- ed in that letter, any such debate, as he states there was between us on the twenty-sixth of June, as to the possibility of war having been declared. I do not mean to charge general Mac Arthur with a wilful mis- representatbn. I have no doubt but that the zeal, which he has manifested for my conviction, has led him into this mistake. As this is the highest charge i^ainst me, he probably has felt the most anxiiety that it should be substantiated ; and his mind has adopted as the impressions of his memory, what are only the results of his wishes. I mark this inaccuracy of ge- neral Mac Arthur the more particularly, to shew, that inasmuch as he was so materially mistaken, with re- spect to the contents of the letter which he states he had in his hand, and deliberately perused, and has confounded what passed at one time with what occur- '>v.^ ^^^> ■'m- - "p >' *flHBLMifc^ %».- ^w' ilM?,'B2i^ 'i^'r*'' \^^k£" JT^ ^s<*^'f;fj»^ts;* "- - •■ ■1. ■; « 7 ? • y^ r V u irfW^»V<« when I tanoa ^ ^ ^ fi|»t <^^. fty« Jjijri had ^«fPl|^#Bi;^ "Pff^Hipr to w^ w^«nevef.wv wjm d^l^J^ I w^# p^i^^Oiiiti^ jlpif^ wliifib bad l^yey^ ^cf^i p i i^ifji wa^^ py^Oiwmgli gemdntl Mac Arjiliiir, b^ i^P,o()iar rofv^ttoiitlifii^.^a ni- moun and exp^.tati^nf, w)a^b h|u| |lt^«i|j9|^,afloat throiigtMWut the co^nti7.-rPne ,cfareunp|i^e,^^ai a •trong inducement to t»flieT§,, U^ Uie ji(eli»U$)pi,. Qf peace with dreat Biita^i J^ not b«^,ii|tiPnill(lted« When I left Wfshlngtc^ to^ me*. it was not eip^^ted that war ¥roiild^b4,<|$h clared Miinpe the fqiirtb of Juljr. ^bi», if a facf, ihongb tile Secrdai^ at ]Rrar bap answcpfe^ io) tb«p ^tb interro|atoi7 addrepsed to Idm, Ibf t ** ll^. Md jMitlt ipi«b /'a fecoIle^Uqii of. the cpqyeii^i^n lifit-Hfeja, «p i|e- " specting j^e probable time of the declffaUon t^yrjt^i *Va> to enable him to answer eatisfiMtorily on that ^•nlject." ^ a f < , pntaalhfdniQton the first <^,.|uljr, wlwn Idea- patched the vesseli received ifagwU any infennation of the declaration of war, I was to presunw, that the encniy, i^ould npt baye l^^ |p[^[||p4 of that eyent It appeared io me an iiiacfmUBil|!l^..||ptt^ 9n the lid|i|in||tEation, ^m^p^ it,|^4ble, that they woi^ f^e^, informfition c^inteiidf^ |9BtiUties W be.convey- ed to the enemy, before it could reach their own l6e- nerak— Yet it was fourteen days after war was der elared b^fofe ,1 bad anjr ^cKijiatiQn of it : ItMHigb It appeajs^ that a .letterfromtiiie Secretary at War, ■'^'^i^^KSiK^S^ •"^■'VPii »P''~ ^J««l^' .j«yf^; GENERAL H^L. 15 iilMl'tIi <)i^ liMKiigtliy^'laMi the ^» eveb I Drko^ ^'yiy letter iru''yhii!beA t4 me 1^ ^ <t<i- df die dgmeeitli dT JUne, tili the t^oibip^ t&e dd^'li^tb itilMlM nM by exprenln fiW'^yi. dut the letter wUehirM to give me the int Woriiifttioii of the war, tt it left Waaiyiiglob t>ii the ^hteieiith or niitetMifili oT Jmii^yeiiiidf dot liij^e tiliv^ itt « greater rate thin thflfy mflii a day. vc W»r, I tbinic, after this statement, the Court viUmit My, that it -wMtfiosmablein me to conclude, thai it was impOMible the adiirfhittration should hftve left ine ig- norant of the "irar, when it might be known to the enemy. I beg to direct Oie ittention of the Court to testimony of genert^f dass upon this points He had ^^' :r ^*0 10 DBFENCB OP « ptifBet taowMist «r ill tb» eiramtaMM, wlih VMiSV wHBPMPVHM|VnvBOT'*Hflil| TVMNr*0PiBv'''iMVt i^,^y^li*^^i> jj^i^jj'^i^k M^aii jfcV^f m iht'iiiiiilli iniiiiiifi clM|illi|^«liiilMttBiiig; t> 9i6 iM^aMUlillMEOf wa^, Ulkii-^91Um-:' 'Vm- Mmdoet is entire^ faieoinbtMit xrUk lli^'<Biiiiillri< lntoiitkttt^hich i^ hnpiiteA to It reitiaim for me to notice that part of this charge, xnrUeli •ttftit ttet 1 ptttm bstrd tlie anfy doetnuentft and (MifMrii, %li (Bit 1 iy tttb weiny were niide acqoaiiit- ed wHIi 1^ Ibie^ Ipr the inajr;^ ^ WNMigtn of the 89veni«iil^«nd iriih the diiellM I do ilot hesittite td ft^kiiOirle^ge, that it was im- proper to tnitl the doeonieiitf whkb were pttt on .f ' ■^^ywwifcjLA|ihb'r ' ' sas^^sizr'aigt-^attiLt^'!; "ffli.:' '0t.'3)-<rt,~ '■ >^'" GSNEHAL HtTLL. 17 Im^ that TeiMl to siieli a eoBT«yiiioe» or oTon for BM to put with them fai anj way, whether hi peace or war. But I tnut It hae aatMutoril j appeared to the Court, ftoni the teitlmony ofoaptalii Hull, that this waa owing to an aieoldent, i^hich might have ha|^ pened to the moat careful eommaader. I had ordered my baggage to be put on board the veiscl, m>t np- poting It poaallde that the trunk, eontalidng my pa- pen, could have been considered by ray aida^e^amp Included In that order, and it was not till after the ves- sel had departed, that with equal surprise ;uid regret I leamt that n^ alds'^densa ip had, with rny bi^;gag«, ahlpped a trunk which contained noticing but papers. There Is one allegation In this charg';, that I feel my- self anthoriud to repdi with ome lov^^gha&m' becaui<ie I think H could only have been made with iew to exoidpate others fiom misc<mduct at my * xj^ense, by an attempt to make it be believed. .I.?.t the enemy < - rived a knowledge of the war froM tb-j capture of thUs vessel. If this were so, how is i^ to be accounted for, that the enemy should have assailed her in a hostile manner before she was captured ? % M The Court will recollect, that^lleutenant Ooodding states, that when the vessel was offBois Bench Island, theenen^y's armed brig Hunter bore down upon her, and that she was pursued by abatteau from Maiden, filled with armed mer . Rut the suggestion, that the «nemy derived their i^.^ >wledge of the declaration of war from the papeia lirand on board the vessel, is re- pelled by the fact, fTjallMs vessel had no documents oji board which cc^jld possibly give them that information. 3* _ IS B^BNCK OF She eoold not have 1|mI, Ibr I M ao meh d«eamiili in mj poMeanon at the tine shaiaile^fiwn ti^e Rii{^ of the Miami. Itisalso'«&ir vt^hvisnownotorioiip* that the enemy bad roeeived infenu^n o&t^e passing of the act declaring war# seveial 4ay • b^we I l»d any communication front Washington on the sul^ject It is as ungenerous as it is mymU to chaige the enmny's prior knowledge of the deekuraiiott of war to any a^ ofndne. y -■-■-■ I have now dosed my defimce on this ftist spteii- cation imder tlw chai|^ of treason. And aj^hoii^i persistinmy oiyectionto tbuConrfs taking cQgnisaac;^ of that crime, yet I have givf»n thechai^e a foU exani- nation, because tihe same facts ore specified iini^r« the chaige of mu^cer^eeondttot. Andlshallt^ ^pion what I Uave now' said fwn^ vindkatjoa apdnst the specificatioii whiiA relatea to ihb snlgiecl nndcv that <$haige. y To sustain fliis charge of trMson there are two other specifications, one relating to the supposed.deIay in at- tacking Maiden and tiie retreat from San^ich : the other to the surrender of Detroit^ Bnt aa tiiore is a repetitiMi of these specifications under the two other charges, I shall not now notice them further than to Observe, that these speeificatkms, ui^r the chai^ of treascm, allege, that tiie d^y, the retreat, andiba si««* render, wer« all in pmniaace of a traitoreos eomttlapip Hon and c<m^baey between me and certain eneHi^ Of the United States, whose names are unknown. If the Court had cogniaance of this crime of treason^ t G]QNE»4I< gVX'L. 10 cooklaoi be <miTipt«d, wdim 4]»e U^fomcospiiin- tion-aad coiifpir»ey were piovec^ I inigbt ask, vhete js.the evidenee of any conibiiiatfoa wt conajpiracy be- tween me and the enemy 1 Bat I forbear with indignar tion the exanunation of such a questkin*»AiKi now, when the Cc*irt has b^^Mre it all the testimony that the utmost e0BMcto of b^ proeeentoni have been able to brin^ i^nsft mO) I ask them to jn^e from what malignant source the information which could have suggested this chai^') mu8t have been drawn. Some of the wit- nessM who have testified «i;ainst me* must hajfe for-^ nished the materials* bom wliich tl^ gentleman em* pl^ed by the government to frame the charges must have dtaawn tticasn. They must then have made sng-- gestions to Mm, whiefa tiiey dve not attempt to rnp^ fott by ^^ own «a^ or ]^ one partiQle of i»oof ;^ and which coidd hive resulted only Irom tlM^^attemei^ of tiwirowtt hearts towards me. Pmtwant to the arrangement of my defimee, wlucli I have before snggested, I shall ne^t consider the spe* pificationB, which charge me with crimes, or miscon- duct,ln delaying toattaek MaUteniln wMhdrawinf th^ army from Canada ; and in making the final ^unevder. '.fii i There are, as I hav e aaldy JMseBflMMa* wli^ eie not immediately connected with these transaetifnis, and these I ahaU notice in the jcowne of aif 4efeiic«' Bat if i shouU satisfy this Court, tkat theae cardinal accusations aie^ Bnsnpported, that the jaeasurc^ t» which they reier were fit and pn|ier, and swMaas caf* 1 ■i-i 20 DEFENCE OF cumstances required ; (w if it liioiitd non appear, that a different course in respect to either of tliese meas* . ttres ought to have t>een adq;»ted, yet if I sliould sa> tiafy the members of this Court, that in my conduct upon these eccasitnu, I have been actuated by the purest motives, and a sense of duty, I trust I sluJl not be judged criminal. I shall not pretend, that I may not have erred, but error and crime are not con- vertible terms. When I accepted a commission from the govern- ment, I pledged to them my utmost zeal and abili^, in discharge oi the duties of the <Ace they conferred upon me ; and I trust that pledge will not be consid- ered as forfeited, though it should >appear to this Court, that on some occasions my judgment may have misdirected me. The pn^ession of a s(ddier would not be longer honourable, if neither the purest intentions, nor the most zealous exertions could shir Id him^frcm criminal imputations on the errors (^ his judgmeqt My defence, Mr. President, on these ppints, as well as all others, will be a rdatiion of facts and cir- cumstances, and an exposition of the considerations and motives which have governed my conduct You cannot, Gentlemen, form a just decision upon my case, nor judge of the considerations which have influenced my conduct, unless you understand what were my views, and the views ancl expectations of the ,>:i £#*Ka^^^j 6ENEHAL HUIX. 2i •xecntlTe offieen of the govemmeiit of the Umted i>»((^ 111 Mij^t tD^he^i^^ tll)ii> i&d ot^eett^ irfaen f iMceptMl my eommlBiion in Apili,'^<i^hteclii hundred and twelve. I ftief tOt^illDBi^Ktham^^ in presenting to yon tiii? dMlH^ ' I^i«i^ #iai a^are^ that H may be ttt''l!XMa|^«!) myself by f %4tt kmiw- foo^ that the political feelings of many penooa are so smsiye aiid warm, tibat ^ slightest fanpntation of miscondoct against m^m0SBml&^^ pHiMI^ and m ^'mitfe Hhtol^ f» he imised, lilftrge isi^iidi fi^te/4i&b pMseented yfM iit^aitiifratioii 6ii4 GflHkUeiminH I shall say liibih^ ^ISgtf otteel^ of thefovemroeht, whieh b not supported fay irrefiragabte testimony^* I sfaaH onfypre^ sent fbr your ftoniiideration facts, which aire prioved by doeiimfnW hilbre you, and shall midle na obsenrailons iipon fiiem, which are not obviously and absolutely niweisafy for my defeacis. Much Idss^hiU I attempt to cha^ the administration with any WiU^ miscon- duct* I brieve evwy m«nliip itf 4^ ^ have been ae* tuated faf "the piarest motives, and the most ardent seal in pMpamtfon^ for tod prosecution of an Inevitable war. A law, in which I should never have enlisted, had I not believed it both just and nece«utf> . And while my country is engaged in such a ccmtest, let my former services to her, let my fionner character shield me from the suspicion, that I woul^ voluntarily say one word," that shall lessen the confidence of my |: I m jm '■^■.v^sSffii. '•■-*»*■ 't?,. at DEI«EN€BOir^ countiymen in tJhoce, ondlr wttow atui^iees our bat' tiM mwt be fought, «licl# #lJbM%lld<»m and tir^'^ our miifortiuieB are to b(^ redeemed, and our honour iii) to be- saved. * . ' l'i),W(' Bntin my oi«m 'vtetteattdn^vna in d^ftnee of ihat lienoiir, whleh^(i«ego>(heMM&eiiitlikTi/ ^iNrtibtWirtaii; lam obl%edlo«iy, tuit thivinty I eMliiiMii^Mik^ not that cooperation and rajtport, whlcb,%tM#'I W cepted my commisBion, the govemment gave me rea> aonf b^Hpeet, aUd ^imkni^liili^^pmpUM BhoaM b«v«fv y^m the (M^ lliil %l& fi^^ liiy^jibiilittiBid^ hiif^iK^ of <^ii^til|tf Mi^ o|»efitionB agii^ tlj^i' CinUffli^ ''nS ^iriii y^l plaeed my aiiiiy; uid^'in 0Bib^m»^i^1^ti^ situation, in which it was, after ito' anivarSii tilWit^ ten of lake Erie. I'^ When I aeeeptdl the conunand of the nwth-west- em army, I did not suppose, that, in tibe event of a war wiUi Great Britain* the force of that army would be ojJIbgfiNifo to (|<HU)iJer Vppe^^^ nw cttd I be- lieve, that the administrftton bad such aokOflMiOH. But on the contracy, 1 did undeirstaBdi aii#«ttcb it will appei'w was the understMidb^; of tifie exttimlive officers of the government^ that in the event of a war, the operations of my amgr ?rould be strei^^ened and secured by a competent naval force on lake Erie, and by the direction of other forces against the enemy*H territory. Had these expectations been reaUced, instead of having lingered out so many months as a prosecuted OENEIIAL HITI4L. 28 crimiiutl; IniUe&d of now standing before you as an accwed, I might still bave shared 1117 country's con- fidence. The foul charges, to ivhich I am now to answer, would not have thus blasted the laurels of my youth; but even in the wilds of Canada, and amidst these whitened locks, they might hav^ retained iueir pris- tine verdure, I proceed, Gentlemen, to turn your attention to the documents, by a reference to which I mean to i^ew, what were my views and expectations, and what I bad a right to suppose were the views and expecta* tions of the administration, pn the sulyect which we are now ccmsidering. The first paper read by the Judge Advocate was a memorial addressed by me, in eighteei^ hundired and nine, to the then Secretary at War. From, this memorial the following is an extract :-~ ** My residence at Dethyit,fivf four yean, has given **me some knowledge of our northern and western ** ftontlnr, and I tale the liberty of conmranicating to *" ysn such facts as have fallen iriider my observation, ** ^cpinbn I have formed, and the measures, which ** appGior'to me tl» most expedient undei the existing' *< itlR^ of things.'* After a varied -of ^n^gestkoM^ and «n»Mig o^ers, Ifaat though war should not take place, it would be t VI .m.^^ ^WSSfEWGUL W neeennsty ib have a larger flttce in VfpetOtMnik tlHm wu thcjki ihtre* *tlit memoiial to ts faXHmt^i^ " J would likewise suggest, for consideration, the ex- '■* pediency of building some armed veeselt on lake *' Erie, for the purpose of pre^^jrvkig the conmninica- " tion. CMsider, you hnvo ihree nnlUarii posts to the "north and west of thet>e maters, and sr: other eooi- " ittunication with them.'' It is i>sie, this n?0in«rial Was ^vritton Ir dnh, of \y^we, hat ^ saggestiou, as fa the naral foroer eoidd only'he-v5th-refeTenodtoit»wfeii»'?vaR ■■ * ft I do not Imow ku^ ^«liat|»lrpc<;o'^s manlorinl was read by the Judge Advocate, unless it w«re to lAiew, of what importance I thought our possession of De- troit . tSir, my opimtota on &at sal^et has eve# haen, and is y«t tiie sa^ie, JBS etspMSM^iii Ikat tmmtiM. I thoi^ht the admiiiistratleB had the same auitfrnants, and tiierefore I wa« the nuMre firmly persuaded, that fh^woaidliave taken eveiy possible aiieanslo sup- port the army, wUch vras sent for Hs<piOtei8*lsn« At the moment Z was surrenderiiq^ thai fENrtrvw, a conviction of its grisafe^ hnpaatagea lnaiMiad the poignant regret^ vrhicbllMi^lBv the neaeaii^ of the Measore. <!>n^^tl««h^ Mallsh, a^fikfeeniMiBdff^^ wMeh was altant a month befbre I was appointed to a cdnmBMid^ iahlkit «a»iiqr>^J sMMsspiMii ' aoillMr inte- nM9ial to the adnnttistration, whiekis aatppovtant LHi^uih^'^;^ V""-*^ -->— I Sk:«ii«tt^ GENERAL HULL. 26 losliew my views, \vith respect to the force to be di- rected iftgainst Ui^er Canada in the event of a war, that 1 beg leave to read the whole of it It is In the following words : (copy,) *< Washington, March 0, 1812. « Bia, " The prompt manner in which you have adopted measures Tor the protection of Detroit, attd the other settlements in the territory of Michigan, inspires me with confidence, that such ulteriour arrangements will speedily be made, as the peculiar situation of that section of the United States may require. **How far the measures already adopted will give security to»that part of the cpuntry, in the event of war with Qreat-Britain, is a subject worthy of con- sideration. « Officers of a company have been appointed, with orders to recruit in the territory. .■irt*» "The Secretary, acting as Governour, has been ait* ihorized to make a detachment of four eompauies of militia, and call them into actual service. "■W " The commanding (^Bcer of Fort Detroit has been directed to erect batteries on the banks c^ the river Detfoiti for the protection of the town. 4 /' 3*uJ-^„ WH^p*^'-, ^t:^j:M,jLM.Mt- 2d DBPENCE OP W ;'>V:(* •( Tbese, u inoipient oieaMirei, I very muchapprove. and was pardculariy pleated with the decisive man- ner tiiey were adopted. li most be apparent, how- ever* they add no phifsiaU strength to that section of the country; the force already there is only better organized and prepared to be called into, action*. The comparing of this force with the force which may be opposed to us, will evince the necessity of additional means of defence, if the country is worth presevtii^. "In the fort of Detroit, Ir understand by the last re< turns, th^re are less than ono hun^teed' regulars. The population of the territory, is less than five thousand, and this p<^ulation of the territory principally Of Ca- nadian character. Connected with the post of De» troit, and three hundred miles north, is the island of Michilimackinac, /vthere is a fort garrisoned by a company of regulars. Near the south bead of lake Michigan, <« the westerly side, ia Fort Deaabon^, likewise garrisoned by a company oS regulars. " Thb is all the force on which we can at present calculate,, for the safety of ourfiontier, and for the protection m" the Indians, which the United States we bound by treaties to afibcd* " No support can be dcriv^ firam tie Indian.nations* even in the event of war, because our oflBcers are in- structed, to. advise them, to remain neuter, and iiot to accept their servicM if they should be offered. Ui. ;fi' GENERAL HULL. af ** 1 will now conalder the Biitish foree oppoMd to this part of the United States. A fort at AulieiiiV^ burgh, at the mouth of the Detroit riter, gartfsoiied by about one hundred British troops. Another foH <m the island of 8tv Joseph^s, at the month of the river St. Mai7*s, garrisoned by about fifty British troops. Two armed ships on lake Erie, which command the watMs, and wouM prevent all eommnnication fbom thi States through t|mt channel. A population ok' at leaist fifty thousand in timt part of Upper Canada, which is ciMinected with the DetrMt river and lake Erie; and could easily be brought to operate against our settte- ments. " About ^^Mhwijmd men, principally CrttHadia B B employed in the Hiimiir ife^fe jAfj^der fluenon^jundtastly may be reckoned all the Ihdbtfs ineilHpi^uanada, and a large- proportion of the pow- erftil hations residii^; in the territory <tf the IBBMI States, Who now hold a constant and friendly Ihter* coarse with tiie British agents, and are libemlty fed and clothed by the bounty of the British gdvemment. in- /myi^^^i ,1 :l. ** It appears, from this statement, that the Britkih force which can be brought to operate against us in the territory, ismore than ten to one, without includ- ing the IndiaoL. " It requires no difficult reasoning to deterinine what must be the ccmsequence. That part of the United States must fall into the handi of the British goverii- -w.^ ■ 3»fc- w "^v 28 DEFENCE OF ment, with all the inhabitants, the forts at Chicago, MichilimacldnaG and Detroit, and all the public stores, with the public and private vesseli on the lake. This will give our enendes the entire command of all the country north and north-west of the Miand of lake Erie ; and the settlements on the western part of the state of Ohio will be sut\)eGt to the depreda- tions of the powerful northern ntLtU>u ' of savages* * There is nothing in my opinion (in the event of war) can prevent this state of things, but an adequate force on the Detroit river, opposite to the settlements in Upper Canada. "It may be asked, how is this force to b^ placed there, and how is it to be supported ? If, Sir, we can- not command the ocean, we canibommand the inland lakes of our country. I have alwaya been of the opinion that we ought to have built as many armed vessels on the lakes as would have commanded them. We have more interest in them than the British na- tion, aikl can build vessels with more convenience^ If however there .is no 4ntention of the kind, that communication must be abandoned until we tak^ possession of the Canadas. (( The army which marches into the country must open roads through the wilderness, and the supplies of provisions, and whatever else may be necessary, must pass by land through the state of Ohio. ** If the conquest of the Canadas is the object of the Government, they will there have an ari^y ia a ■/J GENERAL HULL. 20 proper siftiation to commenee opeimttons, and at the lame time protect the defenceless inhabitant!, and controul the Indians within our territory. The answer proliably may be, it is more expedient to leave ihp Michigan territory to its fate atad direct the (brce to Montreal. Thb will prevent all communication by the St Lawrence with Upper Canada, and it must of eoune surrender. In this expectation I think it probable there ttroidd be a disappointment, if a force is not sent sofflcietft to oppose the British force, which may be (collected at Amherstburgh and its vicinity. Detroit, Michilimackinac, and* Chici^o must fall. The inhabitants must once more change their alle* glance, and the Indians become the exclusive friendii and allies of the king, their great father. in % fi ** In the garrisons at these places they will find latge quantities of arms and military stores of every kind. Upper Canada and our countiy,of which they will be in the possession, will furnish them with provisions. How then will Upper Canada be conquered, by pos^ sessing Montreal? They will be in the quiet posses- sion of their country, and a part ot ours, nod how are they to be approached? You cannot approach them by water, because they command the lakes. In ap-^ proachittg by land, you must pass through a wildeiv ness, filled With savages, under British controul, and devoted to British interest. — The consequences of such an attempt may probably be best learned JTrom ^e Mstory of the cunpaign in that ,veiy country* ««M|ductedby generals Haimer, 82. Clair, and Wayne^ 4* / ,\"A •/■ V s \ . 90 DEFENOI OP Id Upper Canada ih9j hh- \ goveraour, who ii a nu^or-general in their army, uua .rho conunandt the regular troops, the militia, and the Indiani. The whole force of the country is therefore combined under his command, and may be directed to a single point without any collision. 'i ** From the preceding statement of facts and obser^ vations it must be apparent, that Fort Detroit and the settlements in its neighbourhood, and lil(ewise Michilimaokinac and Chicago, under present circum- stances, are in th^ power of the British, and that their possessicm of them would be extremely calamitous to the United States. N^ " In the event of peace with England, I am of the opinion, that the northern frontier ought to be better (Hotected than it is at present In the event of war, and the (direct being the reduction of the provinces* of tipper and Lower Canada, I think it must be evi- dent, that the establishment of an army at Detroit, suflloient to defend that part of the eountiy, controul the Indians, and commence q)erationson the weakest points of defence of the enemy, would be an incipient measure, indispensably necessary. With respect to the other points Of attack, I shall make no observa* tions, as I probably shall have no agency in them. I r i \ dl ** In considering this sulgect, I have endeavoured to divest myself of all local feelings, and have grom^ed y observations and opinions on public connderationa f ' GENERAL HULL. •1 alone. Two thlngt appear tajne to be eertaiiit one if, that in tiie event of war, tlie enemj will attempt to take poMenion of that country, with a view to obtain the ambtance oT the Indians residing In our territory; and the other, that under its present circunutancet of defence it will be in their power to do it A part of your army, now recruiting, may be as well support- ed and disciplined at Detroit as at any other place. A foi^e adequate to the- defence of that vulnerable point, would prevent a war with the savages, and pro- bably induce the enemy to abandon the province of Upper Canada without opposition. The naval force on the lakes would, in that event, fall into our pos- session, and we should obtain the command of the waters, without the expense of building such a force. " The Britbh cannot hold Upper Canada without the assistance of the Indians, and that assistance they cannot obtaii» if we have an adequate force in the 8ituati<ni I have pointed out. "There is another consideration veiy important. It ' will do more to prevent a general Indian War with the Indians, as far west and beyond the Mississiirf, than any other measure. The Indians cannot conduct a war without the assistance of a civilised nation. The British establishment at Amherstburgh is the |^at emporium, flimi which even the most distant Indians receive their supplies. A force, at the point I men- tioned, would prevent aH commttnicati<Hi of the Indians , with that post ' Indeed, Sk, in eveiy point of view m s ■ ^ dfif'BKcJs or in Vfhkih the Imiyeel oftii beettiidd^wcl, it appeto td nie of tbe first in^pwteac^ to ftdc4>t ttie meafluile. " i am veiy respectfuiljr, *' Your most obedient servant, "William Hull.'* To tbis docmneiit is iuinexed a copy of a letter from me tr tbe Secretaity at War, and the two tdocu* ments are certified as authentic documents in the fol-: lowing w(Hrds : " Copy of the original on file in the Waroffice. "D. Parkee, Chief Clerk.**^ Can it be supposed, after tiiis exposition of my views of what would be the enemy's force and situa- tion, that I could ever have taken the command of about four hundred regular troops, and sixteen hun- dred militia, to effect, by means of such a fince, with- out any assistance or co-operation, the conquest of a province, a part only of whic'. I had represented as containing fifty thousand inhabitants? That I could ' have contemplated an attack on an enemy ,liaving at its disposal, a body d regular troops, the controul over countless savages, and the great advantage Of , the command of the lakes and waters? This memorii^ was received and approved by the Government. Thi» in Ljself is proof of their adoption oi its sentiments, and that it was their opinion, as well ae nune, that in the event of a war, such an army as was pirt under my command could do nothing (tensive, unless we- Ml (i Wl "of I "thj *wi GENERAL HULL. 33' had a naval foree en the upper lakes; and without a co-operatknM>n other parts of the eneuiy's territory^ which should dutract hjs attention, and prevent his bringing the greatest weight of his power on a single point. A few days after I was appointed to the command of the north western army, I presented another me* morial ta the President, 4l>n>ugh the War- Depart- ment, in which I was explicit, as to what might be expected from such a force, as I was tO- lead; as. to the necessity of reinforcements; of our com- manding the lakes ; and of a co-operation in other quarters. My drafSt of this memorial I have lost, in the way which I shriti hereafter explain. The ex- istence of the original, and its- general purport, is proved by Mr. Eustis, who, in his answer to the sixth and seventh interrogatories, addressed to him, say8« ** I have a perfect recollection of your having present- '* ed the memorial referred to in the interrc^atory. I ** recollect," he adds, '* your attendance, by :'ppointp " ment, at the War Office. The memorial, or that part ** of it which related to the naval defence of lake Er*e, ^* was referred, or communicated, to the Secretary of **the Navy, who was present. The bi% Adams, " which had been employed as a transport, under di- " rection of the War Department, became the sulgect ** (rf* conversation. Whether she was (being then on '* the stocks repairing) actuaUy transferred to the Navy <* Department, I do not distinctly recollect. If that ^ was the case, the evidence is on rtcord,'' m I .... ■^v*-* .F % ■'. 34 DEFENCE OF Yet Hub menuNriiil, or a citpj of it, I have neve^' been aUe to obtain. I hare applied foibit to the Se- cietaiy at War. He referred me to the SecretMy of the Navy; the Secretary of the Navy to Mr. Dallas; to him I applied^ and he referred me to the present Judge Advocate, who knows nothing of it. And finally, when my tiial commenced in this city, I addressed a lette|| to the President of the United States, requesting Mm, to inteipose his wotho- rity to procure me a document, which I considered so important in my d^ence* I I It was, Sif, too much f<Mr me to have expiated an answer ^m^;the JPresident himself, though the time has been, when such an answer would not have been considered as c<Htfening too ^at an honour. The President referred my lettw to the gentlemen at the head of the War and Navy Departments. They also would not (Condescend to adswer my letter, but handed it ov^r to tiieir clerks. The elevation q( these gentlemen seems to have rendelred them giddy. . I ask, would it not have conlported witii the importance of the oceision, the dectHrum due to an old man, and a veteran soldier, not yet convicted of any crime, for the Secretaries themselves to have addressed me ? ** But' in answer to my letter, I i«cdved a letter frona the ChiefGIerkin the War Office, datled twdfth of Fe* bruary, one^thousand eight hundred ahd fourteen; with \- ^fl GENERAL HiTLL. 30 a certificate from the chief oleiHk in the Navy Depart-, ment The letter from the War Office is in the fol>- lo^iog worth : «' Wak Office, Febmaiy 12th, 1814. am, ¥oua letter of the first instant, addressed to the Pre- sident of the United States, has been referred to me. In answer to which, I have the honour to state, that aH your eomnninicati(«s to theWar Department, after you were appointed brigadier general in the array, have been kuismitted to P. S. Parker, esquire, judge advo- cate of the court-martial, now sitting at Albany, togeth- er with such otlien as you had required, as far as they could he fdund on the files of this office. The pub- lic records of papers of the War- Department have been constantly within my observation and chaige for several years past, and I assure you. Sir, I have never seen or heard of a memoir, pointing out tiie ne- cei^fity of a navy on lake Erie. " Since the receipt ofyour letter, I have carefully examined the files, and Inquired 'of every gentlemaa attached to the Department, without being able to give any information on the subject. ** I have the honour to k , Sir, " Veiy respectfully, your obedient servant, *^ Daniel. Parksr, C. C " BRIO. GEN. WILUAM HULL, " ALBANt." I * i m • t - n 30 DEFENCE OF w- ^ J<?\ I P IV '■ It is unaccountable, Mr. President, that a puUie document of this nature should be lost. That it did f xist, and was on the files of the War Office, is proved beyond controversy, by the deposition of the late Secretary at War, who swears that he has a petfeet recoUectUm cf U. But a most extraordinary part of this letter from the War Department, is that which states, that the writer has had the public records, and papers of the War Department, constantly under his charge and observation for several years past; yet, that he never knew or heard of a memoria% pointing out the necessity of a navy on lake Erie. Mr. Pre- sident, it is a fact hardly to be credited, that the copy of the memorial of the sixth of March, e^hteen hun- dred and twelve, from which I made that copy which I have just read to the Court, is certified aa a true copy from the files d* the War Office, by the very gen- tlematty who writes me the letter of the twelfth c^ February. L<ot me quote from the memorial of the sixth of Marc'a, q^ rather from the copy certified as I have mentiorj-t 1 above, a passage which is in the fol- lowing word^ : ** If, Sir, we cannot command the ocean, we can " command the inland lakes of our country. / have ''always been of opinion that we orAghi to have built " as many armed vessels on the lakes as wr/uld have *' commanded them. We have more interest in them ** than the British nation, and can build vessels with ** more convenience. If, however, there is no iiten- GENEilAL HULL. 3t *' tion of the kind, that communication must be aban* " doned until we take possession of the Canadas." When the writer of t^ie letter h?d ccfrtified a copy of this memorial but a few days ago, how could he say, that he never knew or heard of a memorial point- ing out the necessity of a navy on lake Erie ? I will not presume 5 Sir, that the writer of the letr ter intends an equivocation, and designs that his mean- ing shall turn upon the use of the word necessity. This I think would not be consistent with the solem- nity of the occasion on which his letter is written ; nor, Sir, would it serve Mm -. because it is impossible to read ray memoir of, the sixth of March, without perceiving, that I do, from the beginning to the end, point out the necessity of a navy, in every sense in which the word necessity can be ap|i4ied on such a autgect. I am very far, Sir, from meaning to insinuate, in the remotest degree, that the letter from tlie Clerk of the War Department contains any intentional mis- representation. His character and station protect him from such a suspicion, and as the memorial which proves the inconsistency of the letter has been fur- nished, the declaration in the letter could not have been made with any sinister design ', and I have only trespassed on the patience of the Court with these observations on this subject, to shew, that as the me- morial of the sixth of March, eighteen hundred and twelve, has been so entirely forgotten at the War Office, the certificate from thence, that a memorial iffli '■■•'I 1^ 38 DEFENCE OF pointing out the necessity of a navy on lake Erie, wfi!! never read or heard of there, is no sort of evi- dence that another such memorial may not have ex- isted as Mrell as that of the sixth of March. The certificate from the Navy Department lias been read. It will appear in the minutes, and I shall trou- ble the Court with no remarks upon it. In respect to this memorial I can now only rest upon my own declarations, which I think, when I am in this manner deprived of the benefit of the paper, I am authorized to make. It did contain a represen- tation, in the most explicit and strongest terms, of the necessity of our having a naval force superiour to the enemy on the lakes ; and that without it, asd un- less the army I was to command, was strengthenecl by additions to its numbers ; and unless it were fol- lowed by detachments, to keep open the communica- tion, and insure its supplies from Ohio ; and unless it was supported by co-operations, on other quarters, my army could not be able to maintain itself at Detroit, much less carry on offensive operations in the enemy's country. .»/." That such were the views and sentiments of the government as to my expedition, as well as my own, and that I was not expected to do more tlian protect Detroit, and that quarter, and to keep in awe the In- dians, will further appear, from the facts and docu- ments, to whicli I shall now refer. «, GENERAL HULL. 30 Upon this Bulyect, I beg to turn the attenion of the court to the testimony of general Porter. It will prove, how pressing I was on the subject of a naval force, not only with the Secretaries, but with the President himself. The deposition of captain Charles Steward, of the navy, states, that, at an interview he iiad with the Secretary of the Navy, in the beginning of April eighteen hundred and twelve, the Secretary informed him, " that it was contemplated to give him the com- " mand on the lakes ; that a naval force superiour to the " British on the lakes, had been strongly urged by *' general Hull, as essential, and as a certain means *' of insuring to the army success.'* I beg the court to notice that it is here stated, that I had strongly uiged that the command of the lakes was essential to success. The first letter which I received from the Secretary of War, after my appointment, and which is dated the ninth of April, eighteen hundred and twelve, describes the force which was to be under mv com- mand. The description, of itself, I presume, must pre- clude an idea, thai i« could have been intended for invasion or conquest. But its objects are expressed in this letter. I am directed, as the commander of that force, to " adopt such measures with the chiefs of the " several tribes of Indians, as might, in my judgment. J.' i}-rii * 40 DEFENCE OF " app^r to ht best calculated to secure i'Se peac6 of " Ihe country." In the first letter nvhich I received from the War Department, dated the eighteenth of June, and which was delivered to me on the twentynsixth of the same month, I am directed to pursue my march to Detroit with all possible expedition ; and the second letter from the Secretary at War, of the same date, which announced to me the war, gives me the sane positive oommand to proceed to that post If the army I commanded, had been deemed competent to carry on offensive operations against the enemy without any assistance or suppwt, my orders would certainly have been of a different nature. ft wduld have been left to my discretion, to pur^ sue such measures as I might have judged most effi- cacious. With an army, competent to make an invap sion, Detroit would not have been the point from which it should have been made. A station apposite Amherstburgh would have been on many accounts a preferable position, bat Detroit was the proper situation for the army, for the purpose of protecting the i.errito;y and inhabitants of Michi-^ gan, and of keeping in awe the savage tribes. I beg that it may be observed, that I do not pre- tend, that it was not contemplated, that the army I commanded, when I was appoii^ted to it, might be 'ft GENERAL HULL. 4t employed in offensive operations against the British, in the event of a war; but I am endeavouring to shew, and I trust shall satisfy the Court, that neither myself, nor the officers of the government, ever sup- posed it would be competent to act as an offensive army, unless it was assisted and supported; or unless, as was supposed might be the case, such a defection ot the inhabitants of Canada to the government, and a union of the Indians with- us, should happen on the appearance of my army, as would in a great measure destroy the enemy^s means of resistance. The next letter I received from the Secretary at War, b dated the twenty^burth June, eighteen hun- dred and twelve. This letter informs me, that I am authorised to commence offensive operations. This would not have been the language addressed to me a[ipn this occasion, if the government had supposed I had a force sufficient to commence such operations. In that case I should have received a command in- stead of an authority. In this letter, the Secretary adverts to my taking, possession of Maiden ; but not as if he supposed 1 had the power of doing it . I am not to make the at- tempt, unless the force under my command, should be equal to the enterprise, nor unless I could do it, con- sistently with the safety of my own posts. The caution, which it is thought necessary to com- municate to me, by thb letter, lb be limited in ifty 5* ■% :\j''h. 4ft DEFENCE OP assurances of protection to the CanadUin«, and tlm notice tliat it conveys me, that an adeouat® forcef cannot be relied upon, for the reduction of t.ie enemy^s posts below, is evidence, that my army was not thought •ufficient to maintain itHeif in the enemy's country, without assistance and co-operation. In my letter to the Secretary at War of the ninth of July, eighteen hundred and twelve, which is in answer to that I have last mentioned, in which I am told, that I am autJiorized to commence offensive operations, I expressed, in the mos explicit terms, my opinion of the inadequacy of my force to the only offensive operation which could be undertaken from that quarter. My words are, " the British com- ** mand the water and the savages; I do not think " the force here equal to the reduction of Amherst- "tnogh; you must not therefore be too "anguine." I beg the Court to remark, that this letter was writ* ten immediately after my arrival at Detroit, and a few days before I passed into Canada ; of course l»e- fwe I had any knowledge of the foil of Michili- mackinac, an event which had so decisive an inflv ence on my subsequent operations. On the tenth of July, I wrote two letters to the Secretary at War, both on the subject of provisions ■^ for the army. I mention to him in i\t£ first, that the contractor could not furnish the supplies, on account of the lakes being Closed against us, by the British naval force. In the second letter, I reiterate tb^ tfa{ ■1: GifiKEftAL HULL. 45 Mme iofomiition; and alio infonn th€ Secretaiy, that I have made a new contract for provisions, which, at they cannot be transported on the lal^e, must be carried on horses from Ohio* through the wilderness. My letter concludes with these words : " The com- " munication must be secured, or this army will be ** without provisions. Troops will be absolutely ne-~ ** cessary on the road, to protect the provisions. This "must not be neglected. If it is, this army will perish " by hunger." The receipt 'e letters is acknowledger! by the Secretary n bis letter to me of the twen- ty>sixth of Jul; n hundred and twelve. To this letter, from the War l^epartmeAt, 1 wish particu- larly to direct the attention of the Court. It shews, that the government well understood the situation of my army, and how much it stood in need of assistance and support. By this letter I am informed, that govemour Meigs has been directed to furnish troops to guard the road, and insure the transportation of provisions; — that general Winchester had been ordered to reinforce me with fifteen hundred men;—- that a force w^s collecting at Niagara; — that the conmiander in chief would be apprised of my situation, and directed to take measures to afford me the necessary suppwt It is not my intention, at this moment, to shew, that none oi the expectations, which this letter au- ii i IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 ■JO ■=" ■■■ m u no U il.6 Photographic Sdeoces Corporadon 23 VMBT MAIN STRUT WnSTiR, N.Y.I 4SM (716)«72-4S03 44 DEFENCE OF thorized, wiere ever realized. I now rder to it, onlf* as I have mentioned, to prove, that the officen ci the executive government must have coiuidered n. 7 army, situated as it was, incompetent to carry <ni, of itself, effectual operations against the enemy. ., In my letter to the Secretary at War, of the nine- teenth of July, eighteen hundred and twelve, ure the firilowing paragraphs : " If you have not a force at Niagara, the whole force of the province will be directed against th^? army.'* " It is all impoitont. that Nii^ra should be invest* ed — all our success will depend on it.** There has been read by the Judge Advocate, a letter from the Secretary c^ War to me, dated the first ofAi]^rt. This letter I never received. It, however, shews no less, on that account, how necessary it was thought, that a diversion should he made, in favour of the army I commanded. I therefore extract from it the following paragraph : *' On the twenty-sixth July, your letters of the' se- venth and tenth were enclosed to general Dearborn, with a copy of mine to you, of the twenty-sixth, ac- companied with a request, that he would mi^e a di- version in your favour. The General must have received this letter at Albany. By the mail of this evening, yours iji the twenty-ninth is enclosed to «.. M it H GENERAL IIULL. 4« e him, with an instmction, to make a divenkm at Niagara and KingttxHi, as soon as practicable." In another tetter firom the Secretary of War of the first of Ai^nitrhe acknoivledges the receipt of way proclamatimi tr the Canadians. I now refer to tliat proclamation, merely to direct the attention of the Court to that part in which I say, that fte force I commanded was " Imt the vanguard of a much great- er.'' I do this to shew the c<nifidence I then had, that the corps I commanded was to be reinforced and siq)ported« t- a rst er, ras »ur >m Be- rn, ac- di- ,ve lis to On the twentieth o( August, the Secretary of War addressed a letter to me, which I did not receive, l)ut firom which I hoe quote a paracraph, to shew how necessary he thought co^eradon was fiv my ax^ port. The paragraph is in the following w<Hrds : " Orders have been given to general Dearborn to *^ attack the enemy's posts at Niagam and Kingston, ** as soon as may be pra<*'kaUe. Our force at Nia- ** gara, ace(»ding to general Dearborn's account, will ** amount to twenty-four hundred, and he wHl notify ** you of such movements and qperatitms, as he may •^onter." itliftom iftese doeumoits^ which have all been hitroduced by the Judge Advocate, that I prove what I undertook to do^ that when I took command of the north-western amy^ it '.^as understood by the ad* 'n- -^i ^•m 46 DEFENCE OF ministration, as well as by myself, that in the event of a war with Great-Britain, my 'force was to be au^ mented ; that my communication with the state of Ohio was to be preserved, by troops from that quar- ter; that the lakes were to be commmded by us; and that my operations were to be facilitated by di- versi<ni8 on the frontiers below me; The Court will hereafter perceive, what an impor- tant influence a disappointment in all these particu- lars had on the events under consideration ; and will not therefore, I hope^ think I hav^ uselessly trespass- ed on their time, by detaining them so long on this part of the subject. r ' I cannot, however, omit one farther remark. I would ask^he Court, if subsequent events do not ex- clude a supposition, that the administration did ex- pect, that my army was in all events to be of itself adequate to the invasipn and conquest <^ the enemy's country ; unless it be admitted, that there was an entire ignorance of what was necessary to accomplish these objects? For we have since seen general Harrison, with an army more than quadruple to that which I led, for more than a year, threatening the enemy on the same point, at which h^ ^as invaded by my army ; and though ten thousan* ops were co- operating with him, on the poxatb wu^re I had been led to expect co-operation, yet ; ki;= dared not to set his foot on the enemy*s shore, till after our glwious naval victory on lake Erie, and was then obliged to content .:. ■^.ftt.j.i'i iiii'' ^^s^m GENERAL HULL. 49 himself with tlie possession of no greater territory than his troops could cover. I must intreat the CoLrt, before I proceed to the consideration of other matters, to indulge me with the repetition of a remark which is bo necessary for understanding the subsequent parts oi wy defence, that I am anxiouB to impress it on their minds. It b, that though, as I have said, and I trust I have proved, it was understood both by the administration and by myself, that the force which I commanded would not in all events, in case of war, be competent to the invasion and conquest of Canada, yet both the officers of the executive government and myself, did contemplate, that in certain events, I mi^ht, with the army which I led, subdue the enemy's posts in the Upper Canada. It was contemplated and believed, that there would be a very general defection of the inhabitants of that province, and that many of them, would arrange themselves under the American stan- dard ; ifnd it was also coittemplated and believed, that it would be possible for me to draw from them the aid of the savages. When I landed in Canada, and pre- viously to the fall of Michilimackinac, there was every reason to suppose, that thesMiKpectations would be realised. Until that event took place, of which the enemy had notice about the second of August, I had those sanguine hopes of success which I expressed in my proclamation, and in my communications with the War Office. But after that misfortune, the scen» It; I ' >.>-.■>.'?*«■• 'f^*«*'S*5p«'«*; ^. >?!'■ 'h 4a DEFENCE OF uras entirelj changed. From that moment, I saw* that although it was poasible that I might obtain temporaiy advantages, yet that theyt^ould eventuate in the greatest disasters, unless I was aided and sup- ported from other qnarters. il Thus, Gentlemen, I have endeavoured to shew you, that I took the command under the expectation, that, in the event of a war, the operations of my army wouhl be assisted, by a competent force upon the lakes, by detachments to keep clear the communica- tion wldch I had opened through the wilderness, and liy the coH^ration, or at least such a demonstration of force against other parts of the enrasy's territones, as would prevent his directii^ all his energies to the point where I might meet him* But it unfortunately happened, that none of these expectations were fdl- filled. The effects of these dit^appointments will after- wards be considered. 1 now resume my vindication oi the measures, which form ihe most prondnent features in my accusation ; that is to say, the dday at Skndniek ; the retreat Jrom thence s voiA the surrender at DOreit. «. It is necessaiy fo^ipe to expIaSn the views and intentions I had, wheb T yielded to the importmiities €i my officers, and crossed to the enemy's country. It must be recollected, that the order I recernM in ihe letter of the eighteenth c^ June, which annoaiical ^ ■/'^r'v..;. GENERAL HULL. m the war, directed me to proceed to Detroit, and (here to wait for furtber mrden. Finding that an impatience to croM^ had betti ex- cited in the armyt which was Hkely to be extremely inguriom to my authority, and the discipline of the troops, I called a cooncil of war, and lud before Uie officers, the orders by which I was then hwmd; and asked their admcy as to the expediency of crossing. The council, notwithstanding my orders, were of opinion, that I ought to cross. I did not feel- myself at liberty to follow their advice, and determined not to do so. But on the same day, I received the Se- cretary of War*s letter of the twenty-fourth of June, in which he says, <* should the force under your com- " mandbe equal to the enterprise, consistently with the " safety of your own posts, you will take possession " (^ Maiden, and extend your conquests, as circum* "stances may justify.*' in ' I did not think the force, under my command, equal to the conquest of Maiden, nor did I think, that with such a 2m^fc of Une tf communicatimt, as it was re* quisite for me to keep open, I oi^t to make the atr tempt My letter to the Secretary at War, dated on this same ninth <^ July, which I have already quoted, expresses this opinion of the incompetency of my force, in terms not to be ndaunderslood. Tet, as soon as I had received this last mentioned letter from the Secretary, I detennined to Uk<t post 6 \ .,^m^4ijj3i^af».-r''^w ,^'1 50 DEFENCE OF in the enemy's country. My reasons for this detei^ mination were, that I hoped thereby to satisfy the impatience of my officers, and preserve the confidence of my army; which expressions of discontent were likely to impair.-^! should command the streights, and thereby prevent the enemy from sending succoUrs to their northern posts, or carrying on the important trade of their nwtli-westem company. ^. % I knew, that it would have a great effect upon the Indians, to shew them the American flag flying on both shores; and I hq)ed, by establishing nkyself at Sandwich, to facilitate and increase the defection from the British standard, which had manifested itself among the inhabitants and militia, and their Indian allies. My views, in taking post in the enemy's ter- ritory, are expressed in my letters to the Secretary of War. In my letter of the ninth of July, I had, as I have above mentioned, told him, I thought my force incompetent to attack Maiden. In my letter of the thirteenth, written from Sandwich, I say, ** 1 consider " the possession of this bank as highly important; by " erecting one or two batteries, opposite the batteries ** at Detroit, the river will be completely ccfmmanded. " In the rear of the army, on the Detroit rivers lake St. * Clair, and the river Le Trench, is a populous and ** valuable part of the province. It is likewise pro- " bable, when the Indians see the American standard *' on both sides the river, it will have a favourable "effect." I intended, nevertheless, without ||bs of time, to make preparations for putting in a s4te* of * r iiii^i^ii II Mi GENERAL HULL. 5i •ervice my field artillery, for an attack on Maiden; and whenever that shoidd be ready, and I should find that the enemy's force was not likely to be further weakened by desertions, I would make the attack, if I had a prospect of co-operation and support from below, without which I ihoughtt and I think recent events will prove that I thought correctly, I could neither preserve my own posts on our side of the river, nor that which the enemy then possessed, if I should be so fortunate as to wrest it from him. My officers, however, were not less importunate, for proceeding immediately against Maiden, than they iiad been to cross the river. I felt myself compelled to yield to their in^rtur nity, and had appointed a day for ihe attack. But, before that day arrived, I received intelligence, that determined me to postpone the enterprise, and to re- cross to Detroit. As preliminary to my vindication of these measures, it is important to considerr whet numerical force I could command when I crossed into Canada; its nature; and the probable force and strength of the «ja/emy. In every stage of this trial, I have felt as a great misforiune, the want of that documentary evidence, which might he expected from me. This arises from the loss of the packet, which sailed from the Miami; •* «!«i(iy«»f«^««*«^-»l ■•-•ir^'** 52 DEFENCE OF and from the more recent lost of all my. baggage, and moit of my papers. When I left Detroit, a prisoner, I left my baggage with my daughter} Mrs. Hickman, to be carried to my hwne by her. She soon after embarkfd in the enemy's brig Adams, for fort Erie. On her arrival there, she was permitted to go to Buffalo, leaving her own and my baggage on board the brig. The same night the brig was taken by commodore Elliot, retaken by the enemy, and burnt with all my baggage pn board. This loss o( iny docqmenta has left the witnesses, who testified against me, to speak on many imp<wtiNit points, from estimation and conjecture, and they seem- ed, to have availed themselves of t&e liberty, so as always to make their estimates such, as would be most against mf. I shall myself be obliged, often to speak of numbers from coi\jecture and esiimate, but whei| | do so, I shall endeavour to present to the Court the data, on which my estimates are founded* Mi^jor Jessup, the brigade migor, says, |bat we moved into Canada with sixteen or eighteen hundred men. Now> neithejr the Michigaii legion, <» the Michi^ gan militia, crossed with the, army into Canada.. And besides, there were, as the Court will recollect has been testified by several of the witnesses, a portion of the Ohio T<Amteen who refused U> cross. This magar >ber wae about one Jmndred and eighty. .:* -"^PC -*KK,^-^?WiWKf 5^* ' -k GENERAL HULL. 53 mitfor JetBup further tettifles, " That Bome time "early in August, a few days previous to leaving " Canada, he was called into a council of war, to et- " plain a report of brigade, and that there were then " eighteen hundred effective men in Cmmia mtd at "DUrtit, The Michigan legion were included in " the eighteen hundred, but the Michigan militia were "not" Now, if there were but eighteen hundred belonging to the brigade at this time, including all that were either with ale in Canada, or at Detroit, and includ- ing the legion, how could sixteen tir eighteen hun- dred have crossed with me ? At the time that this report of mi^r Jessup's was made, we had lost but few of the troops that had crossed; and'^from the Amount, which he gives of 'tiie whole forces, at that time, to ascertain what was the number that crossed, ' must be deducted the Michi|an legion, and Ihe Ohio volunteers that refused to jifM the river. Thil will leave an amount much short of the sixteen or eighteen hundred, with which, nuyor Jessup says, we passed into Canada. The Court will remember, that by a muster roll and return, made af Fort FiQdlay on the twentynsixth of June, which has been exhibited by the Judge Advo- cate, the whole force which I then had under my tsommand, amounted to one thousand, nine hundred and lUty^> I was obliged to leave detachments, at Mac Arthur's Block-house, at Fort Findlay, and at 6* ■■;* *! 'ip'i ■^ 54 DEFENCE OF the Miami. T>i«re were about forty invalids -talten in tlie vessel, that sailed Arom the Miami. I left some sick at the river Raisin, and the whole force with which I arrived at Detroit, I am convinced, did not exceed fifteen hundred men. And I am conft* dent, that the force with which I passed into Canada, did not exceed fourteen hundred. What proportion of the militia, which I had with me at Sandwich^ would have been effective to lead against the enemy, the Court may judge from general experience. : Mijor Van Horn has testified, that when detach- ments were ordered, it was always found, that not man than two thirds of the command ordered could be marched. I do not believe, that at any time, I could have led thirteeen hundred eflbctive men against Maldeq. Of these, there was only colonel Miller's regiment, of less than three hundred, that had seen any service. The rest were militia, who, though they were very ardent and j^atriotic in their expressions liad had no experience, and neither men nor offlcers, had ever been tried. It is not extraordinary, that I sVouId have felt some want of confidence in these raw troops, for such a contest, as we must have ex- pected before Maiden; when it appears, by the testi- mony of colonel Miller, that their own <^eers were not willing to be responsible for their firmness in an assault Colonel Miller states, that In a cotmcil, in which the propriety of attacking Maiden w'as discuss- ed, at Which general Mac Arthur, generalCass, and colonei FindtJly»^were present; ** General Hull said,. ^rfe^- >r ^ OENBBAL HULL. 45 <* if tM wcMdd AiMwer for our men, he would lead in " to Maiden. I told him, I would aniwer for the men " I commanded ; but the others tald, they wouM not ** be retponiible for their men, but belicTed they would " behave well." ^ 1 know, sir, that it may be.iald, that my proclama- tion to the Canadians, and niy letters to the Secretary at War, hold a different language. That in these I speak with confidence of attacking Maiden, and of the excellence and sufficiency of my force. And I presume the specifications refer to my proclamation, and to these letters, when they allege that I had declared and avowed my intention of attacking and subduing Maiden. I cannot conceive, that these declarations could prove me guilty, if my measures without them would not luwe bufi so, I do not see, that they can in any way be made the test of the propriety, or impropriety, of the course I pursued. It would be hard, indeed, if every general were to be judged criminal, who did not accomplish aU the in- tentions he may have avowed — ^this would be a rule, which 1 presume there are mmy generals would not consent to establish. If it were adopted, no change of circumstances would justify the relinquishment of a design, once formed. I think, whe^ it is considered undef ^|hftt circum- stances mjr proe^mation was publisheji,4iwill not be thought just, io adduce i| as eviden|j||ig9il|Mt me on this occasion. I was then in an eneinyV country, the inhabitants of which wei« sufficient, independent '' '.-(.■■if 56 DEFENCE OF k(. iv of his regular force, which was establbhed near me, and of his Indian allies, to overwhelm the army 1 commanded. I had no prospect of even maintaining myself, much less of making conquests; unless I could induce a great portion of those inhabitants to forsake his standard. 4t was incumbent on me to use all means to deprive him of aid from the savage tribes. I knew that these two objects could only be effected by representing myself as having the utmost confi- dence in the force I commanded, and that it was able to overcome all opposition. With these views I pub- lished the proclamation. And, indeed, the force I, commanded, would have been equal to all I represent- ed, had the same spirit of desertion and defection con- tinued, which had manifested itself in the enemy's countiy, when we first invaded Canada. But unfortunately, before we retreated, all calcula- tions founded on this basis had failed. In my letters to the War Department, down to the latter end of July, I speak with confidence of attack- ing Maiden, whenever the field artillery shall be pre- pared. But I beg the Court to recollect, that this confidence was grounded upon the expectation, that I then entertained, that the enemy would be weaken- ed by the desertion oi his militia, and the abandon- ment of the Indians. In all my lettcfs, which speak (^ the intended attack, I mention also the didly de- sertions frtHU the enemy's standard. That I did not rely on the competency of my own force, till the ene- my's should be reduced, must appear from my letter .^■iJBW GfiKTERAL HULL. 57 of th« ninth ot July, to yrbich I have more than once referred. Ahout the first of August, we received the account of the fall of Michilimackinac. On the fourth, I wrote a letter to the Secretaiy, from which the follow- ing are extracts. " At the time the army under my command took *^ possession of this part of the province of Upper " Canada, every thing appeared favourable, and all " the operations of the army have been successful. " Circumstances have since occurred, which seem " materiany to change our future prospects. « The. unexpected tnine^iider of Michilimackinac, ** and the tardy operations of the army at Niagara, ** are the circumstances to which I allude. I have " every reason to expect, in a very short time, a laige '' body of savages from the north, whose operatit^na " will be directed against this army," &c, After these observations, I do not believe, that the Court will think, that it is to be justly inferred, either from my proclamation, or from my letters, that I ctm- sidered my force under any circumstances, whicii existed before we left Canada, competent to the re- duction of Maiden. The force of the enemy, lieutenant Forbish states, was, towards the last of July, about one hundred and ^T... .u*^" Si '$■■ DEFENCE OF Reventy regulars, and five hundred and fifty militia. The Indian force could never be ascertained with any precision; it could not have been less than near a thousand. I always supposed the enemy's force greater than this information makes it. But tv hatever may have been the force of tho enemy, it must have been estimated as very considerable, by some of my officers,!^ well as by myself. The Court will recollect, that when I made the detachment under colonel Van Horn, to the river Raisin, and colonels Cass and Mac Arthur remonstrated with me against the sufficiency of his force, they each proposed to go on that expedition with his regiment. If tiie enemy had not appeared ta be somewhat formidal^e to them, they could never have advised me to makfe' so large a detachment as six hunditd men, on a service in which they could only have expected to meet a small part of his force. Colonel Mac ArUiur has afforded other evidence of his opinion of the power of the enemy. For when I proposed to leave him, with his regiment, on the Canada shore, he charged me with having an intention to sacrifice him, by leaving him with such a force at that post ; although he would have been in an entrenched camp with artillery, where he would also have had scmie protection from the gims at Detroit, and would be in reach of instant support from thence. The fort at Maiden, I was well acquainted with. In time of peace, I had often been in it: I knew that it was capable of being made a place of strength, and .-^■'^ ■'-. / ''W-'ii:^- GENERAL HULL. 60 that, in contemplation of a Var, the British for some time had been *k' , great exertions to put it in the best possible statv ni defence. I knew, that for near twenty years, a field officer had commanded, and about an hundred regular troops had constantly been stationed in it ; and that there always had been a regu- lar corps ai British artillery attached to the com^ mand. The question was, whether, with the troops I had under my command, so few of whom had ever been tried, I was to attempt to carry this fortress'witb the bayonet ? For myself, particularly, when I con- sidered, what would |pave been the consequences (tf an unsuccessful attempt, I had a strong conviction that it would be wrong to make the effort, till we could have the advantage of heavy artillery. But finding that many of my officers, who had seen no service, were impatient at delay, and were destroying my influence with the arm;^ and its discipline, by their complaints and censures — for their satisfac- tion, and not for my <mm, nor for my mvnjusHJication, two days after I crossed, that is, on the fourteenth of July, I called a council of war, in which it was decid- jed, that no attempt ought to be made an Maiden, with- out the heavy artillery. My utmost exertions were then used, to get in readiness the two twenty-four pounders, and two how- itzers, which were at Detroit. Carriages were to be made for them entirely new. Though a delay, in these preparations, is one of the charges made against me, not a witness ha? attempted to support it. Indeed, DEFENCE OF Gentlemen, I dare appeal to every officer, ^ho \iraf with me, and "who is billing to jpeak tlie truth, ivhether I did not use all possible means, and make all personal exertion, to accomplish, as speedily as possible, this desirab)e olyect. I several times cross- ed the river myself, to inspect and hasten the STtificers. I ordered planks to be taken off mj own house, to fur- nish a necessary part of the materials for the gUn carriages. Captain Dallaba, in his second examination, states, that he received an order to prepare th^eavy ar- tillery, after the army had crossed to Canada; be thinks it was on the fifteenth or sixteenth of July. My recollection is, that the order was given on the fourteenth, that is, the day after we crossed; and on the very day that the council of war advised, that the attack should not be made without the heavy can- non. From that time, it is not pretended there was any delay in preparing them for service, and could not have been, without the fault of the officer, who was trusted with the service. Till we crossed to Sandwich, the artificers were employed, as appears by the testimony of the same witness, in mounting the guns of fort Detroit. I beg the Court also to notice the testimony of colon^ Miller on this point- he says, he saw no want of exertion in preparing the artillery. The necessary field artillery was not prepared till the seventh of August. Two days previous to this, \ GENERAL BULL. et the till I haA called another conneil-. Il'he menkben defer* mined it would be adyisable to wait two daya for . the artillery, and if it was not then ready, the attack ought to be made without it. I did not concur in tide idphiifMi. Indeed, the opinimi of the oflBcen in this, and the former council, appeared to me ineonsiatent For if, according to the decided opinion of the tint council, it wat then improper to male the alkack witbDut heavy ordnance, why wai it not as neoeesaiy when the last mentSnied touncil sat ? And if it were proper to wait -two days for the artillety, according to the opinion of the lait council, why Was it not proper to widt knigeir ? It may be Mid, that between the first and second ^council, the enemy's fince had diminished by deser- tion. No doubt it had ai to numbers. Great part <tf the militia had left them, and many Cf their Indittb allies ; but the fort of Maiden retained all its strength, and there was no doubt, but that their regular force, (of which net an individual had deserted,) and their remaining niilitia Were sufficient to man it Indeed, reinfor<^ments had errived from Fort George, bofli in the brig Hunter and one other vessel. At this coun- cil, I found that nothing Would satisfy my offic^n, or the army,'but a movement towards the enemy. I felt myself obliged to yield to the advice of the council, and did, as. general Cass had testified, declare that X woiild lead the army againiit Maiden, as soon as the -artillery should be completed^ ■"rVA ll\ k 82 DEVENCfi OF My opinion was, that in attempt on Bfalden shoiild never be made until there wai an absolute certainty of auecess. This opinion was founded, not only on considerations which I shall hereafter mention, but upon the orders I had received from the War De- partment, in the Secretary's letter of Uie twenty-fourth of June, which I have so often quoted ; and by which I yni directoft not to attack Maiden^ unless I judged my (otee was equal to the enterprise, nor unless I C(Nifd do it consistently with the safety of myiown posts. I thought, by delay, 1 was eveiy day strength- ening the probability of sitecess in the enterprise, because the force of the enemy was daily diminishing by the desertion of his militia and Indians. ■.i t )■ V But I thought myself bound to delay, till I had possessed myself of every possible means of insuring sqccess, from a consideration of what would be the consequences of a defeat. r The army would have been destroyed ; if not by the tomahawk of the Indians, they must, after a de- feat, have perished for want of supplies. A defeat would have been the signal fw all the hordes of sa- vages in the surrounding wilderness, to fall upon the unsuccessful troops. Every path would have been filled with these remorseless warriours. But it was not <»ly the fate of the army that I anticipated on such an event ; the horrours that it would let loose on the neighbouring country^ and throughout our exten- eive borders, were presented to my mind. I knew, w I t m 1 r a 1- id le >y e- at Mi- he ' en a* on on Or GENERAL HULL. 99^ that if the army I commanded were beaten in battle, th^re would be nothing to restrain the ravages of that part of our enemy, which, when a battle is decided in their favour, makes the vanquished, and their de* fenceles8,^ountry and people, their prey. , ' In the ungenerous letter which colonel Cask wrote to the government, (and which, as I ttdak, waa mojit unwarrantably published) he seems to think* that these are philanthropic considerations, unworthy a soldier. But, Sir, though brought up in the field, and though I have seen something of the hoirours of war, I am not yet such a <«Uler, av that I can think of such scenes with indifference. When I considered what would HI the condition of the territory, over which I had ae long presided, and Qver which I was then Govemour, in case the force I ccmimanded should be beaten in battle, and the inhabitants be left to the mercy of the savages, without any stipulation or fofee for their protection, I thought I should deserve the heaviest curses, if I risked a battle, before I had taken livery means in my power tq insure victojfy. These were the considerations, that induced me to resist the ui^encjt of my oflBcers to mova to ti<«: attack of Maiden, till the eighth of August* It had Ijeen ascertained on the sixth, that the cannon would be ready on the eighth; and on the sixth I issued an order for the army to prepare to move to the attack on the e^hth. Every thing was in readiness for the enterprise on the seventh. But on that evening, I ^.dM^ *9» "•■•*■:. 3«w(aBr»s «^ ll j''<mft*m»>i«i'»' H DEFENCE OF crosied with the whole army |o Detroit, except a de* tachment of about three hundred men, under mi^jor Denny, which was left intrenched at Sandwich, and which was also moved over on the eleventh. -ie ' This retreat froin the enemy's shore is ote o( the acts of treason, cowardice, and unoflRcer-like conduct, of which I am accused. I proceed to submit to your consideration my answer to this accusation, and the reasons which then governed my conduct, and which I yet believe to have been correct v*» About the first of August, as appears by my letter of the fourth, I received an account of the fall of Mi^ chilimackinae. Lieutenant Hanks, wSh his men and some Indians, hptd arrived at my encampment. The effect of this great misfortune was immediatdy seen and felf in the vicinity of my post. The Wyandot InTdians settled at Biownstown, who had previously shewn the most friendly dispositions, and given the strongest assurances of their neutrality, joined the Brituh. For though they passed over under the pretence <^ having been made prisoners, the circum- stances which then occurred left no doubt but that they had formed an alliance with the enemy. This procedure of this tribe of Indians, was not only evi> dence of their own, but ct the defection of the sur-* rounding nations, who are all united by some sort of confederacy, in w hich the Wyandots have a superiouF influence, which is acknowledged b^^ the other tribei^ speaking of them as their faihers^ When, theire(os^. f f { I 1 1 t t in 8 t II b I t c U a ??^SS^,^-'— ..--/. QSNERAL HULL. M I letriied that thii natkn Bad joined tha itandaid of the enemy, I knew that the Chi[nMwayt» OttaHrayt, Pottawattainief, Mudaees, the Shawaneei,. Senefcaa, and other tribes, who altogether cnold Aimiah between two and three thousand warriours, would alio be an addition to his force.. Atjfhe same time I received intelUgence, as ap- pears by another letter of mine to the Secretary at War of the same date, (fourth of Aagust,) that a iBrltish officer, with fifty-five r^ular soldiers and two brass field pieces, had landed on the west part of lake Ontarioi had penetrated to the head waters of the river Le Trench, and was collecting the militia and Indians in that quarter to lead them against my army. From the information I had received, I had reason to think, and so. I mention in my l«tter. to the. Secre- tary, his force would amount to six or seven hundred. The fall of Michilimackinac also changed the dispo- sition <^ the inhabitants of Canada, and from the time that accounts were received ot that event, there were no more d" their militia came over to us. I had also been informed <^j the arrival c^ the British colonel Proctor at Maiden, and it wiA generally believed, that he had brought with him some reihCbrcementB, as well naval as military. To the enemy's naval force I had nothing to oppose. By it, the enemy might command the lake; obtain his supplies without the least intenruption ; transport his troops at his pleasure, and co-operate with land movements on the margin of the waters. I had also intercepted a letter fitun a 7* 66 DEFENCE OF ■V -*> ii {( Ui* Mm KMttie»at Fort W^|Mun, to a Mr. MMlntMb, «t 4aBdwi«b» dtt«d the iiilteteentli ^of July, firaoi wblefc tlw folkmiBg are cgrtrutib : ^.^ ■ ■ . . ■■•J'L:/ ■ -^vsr ** The declantkm ' of war leached .jm on t^ J^- " toenth instant, but we are neitbel «itoliiihod nor alarmed. Our agents ordered a general muater, which amounted to twelve hundred, eveluaive iHjtbtinl ** hundred of the natives. We are now equal; in all, ''to dxteen or seventeen hundred strong. Om (^ " our gentlemen started on the seventeenth, #rith ** several light eaaoes, for the interlonr eouhtiy, to ** roino the natives to activity, which Is not hai(d to ** do on the present oocasion. We likewise despateh- ** ed messengers in all directions with the npm. I ** have not the least doubt but our foree will, in ten ** dl^s Innee, anwunt to at least five thousand effec- '* tiff) niiBn< Our young gentlemen and engi^;ees '* oflfenid most handsomely to march imndl^tely for *' Miehilimaekinac. Our chief, Mr. Shaw, expressed ** ids gratitude, and drafted one hundred — they are to "prd^^ tUs evening for St. Joseph's. Betakes ** about as many Indians. Could the vessel eontiin "them, he might have had four thousand iBkiitlB, It " noW' depends on what accounts we rerelve fNMn St. '* J6Beph% whether these numerous trioes flrom the ^ Interiour will proceed to St. Joseph's or not ^. At the tiine that this intercqited letter fellinto hi^ hands,' I was informed liy lieutenant Hanks^Hilt be>> fore he left Miehilimaekinac, levetal agentto bf ^ ■**■*. . ■'.>■■ % ' ->fc. ^n. GENERAL HULL. 67 lidHlftiritt tertitoiy hail «Mved at that poat, after Ita a i tnu l ii, fron Fort Wiittam, on the north aide of like 8ii|Mrtoar, wMMated, that a large force of Oan«iiaw ■hd Indiana m^ colleeted at Fort William, read/ to dtoMBd the takea, and that there was alio a force of the same description, collected at the outlet of lake Supoioor. I was further informed by lieutenant Hanki^^t immediately after the surrender of Michi- limackinae, wMch was on the eighteenth of July, the British commander had sent an express to Little To4t ; tt^d it was supposed, that on the return of the express, all the forces which had been collected and w<el9e collectfng in the northern rq^ns, wovld be ordered to Maiden. The death of lieutenant Hanks deprH^ me of the benefit of his testimony. But this is sufficiently supplied by the evidence of Mr. Stone, and doctor Day, gentlemen who were at Mi- chilimacldnac when it surrendered, aind trho aceom- panied lieutenant Hanks to my head quarters at Sand- wich, and doctor Day was present when lieutenant Hanks made the communication to me. .1 ?■ •! I vj *■' It taiay be said j that this information oogl^ not to have hod any influence iip6n my conduct, because tht^. northern Indians could not, and in fact did not arrive in a great Iengl|i of time. I prenime that no testimony is wanting to prove to iids Court, that itfm the jpoints where they were eollectedt they might have descended in a very few Utiiit* 1^ savages of our cpontry have an ad van- s' i 1 r ^'!l ''7 *■: .#* IL ^**,: j'*^ 'M ■'."*1 ■rig ^4 i 08 DEFENCE OF tag« of all other troops^ !• the celerity and Ikcilitf with wlrteh thejr make their movementt. These too, were to be aided by the means of the north-west company, which were partiealariy adqtted to tAns- portation, fVom the nature of their trade upon the waters of the lakes. As to the fact, that the northern savagesjUd not arrive at Maiden till long after the surrender . - • , "** The testimony of captain Eastman is, that he re- mained at Detn^t twenty-four days aCter the eapitu- lation; that the Sa^anau Indians, with about sixty warriours, arrived three days after the surrender ; that the Michilimackinac Indians, with about eleven or twelve hundred warriours arrived about the tenth or eleventh of September. It may be well to remark here, bow formidable this force piovod to be, although it was but a small portion of that which would have come, had not Detnrft been, surrendered. But can it be concluded, that this force would not have arrived eariiier, had not intelligence of the fall of my army reached them, which it must have d<»e a few days after the event happened ? When information of so many adverse circumstances had reached me ftom various quarters, the fate of my anniy aj^icared in- evitable. I had but one of two courses to pursue, and either seemed to me almost a desperate alternative. I , must either advance or retreat. If I had leen nothing that I was to regard, but the power of the enemy, I had no doubt but that 1 ought to have J- 4 ^f GENERAL HULL. ^ Adqited the former expedient. I vrat obliged to eon* ■ider tlie effect • retreat wolild ha ve in my ow» eamp. T .: young and inexperienced officviv T had wider my coowiand, who could see no danger that was not « immediately before their eyes; who thought and aaid that they were very brave, but with a few exceptioni,>^ do not know it to thii day from any triaU of their courage I ivho detpisedall prec^tion, and thought all generrivhip eonaisted in inconsiderate and impetuous advances—I knew well, would pursue the condtact wbkh they afterwards did, and, by representing a re- treat as proceeding from the most unworthy and u»< justifiable motives, destroy the efficiency of the army, by robbing me of its confidence. The cabals, which had riien to such a hei^t as to mature a plan of nm* tiny, in which ray chief officers were to be the ring- ' UaderSt could not be entirely concealed from me; although, till I saw the confession published to the world, by one of the conspirators, I did not know the extent of their design. Under these.awfbl ciroumstances, dangerous as the attempt on Maiden appeared to me to bet I thought it might be less so, than a retreat. I determined to attack Maiden, and on the sixth of August Issued orders to have every thing prepared for the move* ment of the army on the eighth. And, Gentlemen, there is no part of my conduct, since I have been a joktter, that I reflect opMi with so much self c<mvic^ tlon of enonr, as I do upon this. k] t' :i uf n ■ V ^'1 4'? i>fe.»;Vr^?" - ' * '. '^' ."" < ^"' ■ " ^ -L -^. .i-ot**,-*..,,^,] M w DEFENCE OF I look back with regret upon the moment when l yielded to the councils of the inexperienced officers I commanded, <and determined to make an attempt, which my own judgment did not approve, which was contrary to all military knowledge, and which even success might not justify. I thought, however, it was possible', that if I were successful, and should possess myself of ihe enemy^ fortresi, I might possitriy main- tain myself there for some short time ;, and in that time I hoped I might have some succour and security from my own country, and her armies, that I had been led^ to expect woidd be operating below me. :] k U f^^^^- i Vsf, ''\ On the seventh of Aii^st every thing was in rea- diness for the intended movement, but on that day at about one o'clock, an express arrived with tetiers to me from the commanding officers on the Niagara frontier, two from major-general Hall, and the other from general P. B. Porter. These letters were sent to me by express, to inform me, that a lai^e force from the neighbourhood oS Niagara were moving towards my army. But what was more decisive in its. influ- ence on my measures, was, that \ learned from those letters, that I was not to expect that tiiese movements of the enemy were to be checked, or that my army would be suftained, by any operations against the enemy in any quarter. I. found that the invasion of Canada, and the whole war, was to be carried on by the three hundred regidar troops under colonel Miller, and the twelve or fourteen hundred militia, which had been placed under my command. I must ■ \ GENERAL HULL. ft here agftili beg leave to turn the attention of the Court Martial to the correspondence between the Secretary at War and myself, to remind the Goivt Martial (^ the reasons I had to expect supplies, as- sbtance, and co-operation, -when I took the command of tile north-western army. When I received these letters from generals Hall and Porter, my situation became embarrassing and distressing to a great de- gree. I had but a few hours before, with what re- luctance appears from the testimony <tf general Cass, yielded to importunities of my officers, and given them expectation, that I would lead the army against Maiden. I had issued orders for making the neces- sary preparations, and fixed a time for *he movement. I knew well what would be the Heflfect of disappoint- ing tl^e expectations which those measures had rais- ed. But as general Mac Arthur has testified) I told him, as commander of that anny, I felt myself re9* ponsible for its movements, and its fate* Under an awful sense of that responsibilttyy I determined to recross the river, with the greater part <^ the army. In making this movement, I had no design of relin- quishing the attack oi Maiden. My intention was to take post at Detroit, and there to wait until some na- val force on the lake, and a co-operation from below, which, f nun 4he beginning, I had relied upon, and which the letters I had received from generals Hall and Porter gave me reason to expect, would com- mence at some future but probably distani period, afforded some hopes of success, and of advantage from succcsB. My further intention ras to concen- i \ 'I i '1 \i' ' I I V\.i -•»r-«ll|»U^, !>*■-■ ■'■'-ti^^* ^,ll&iL«''3^, \k K- ! i^ DEFENCE OP * 1 ?;<*■■ trate my forces at Detroit, that I might from ikelndt open and secure my commimteatioii with the state olf Ohio; upon which, in my judgment, the salvation of the an^y dq[)ended. This considenitiom had so much influence on my measures, not cmly at this time^ but throughout the canq>aign, and in the final surren- der, that it will be proper to present it to the Courts in such a view, as that they may judge of its imp<»^ tance. from Urbana to the lHliami of the lake, ife a per* feet wilderness. Throi^h this wUderneiSt a distance fX a hundred and twenty miles, and through a country of which the Indians wei^ the inhabitants and pny* prietors, the army had to cut a road, when they ad* vanced i; and it was the only road by which supplies bf any kind could be received. Frotal the Miami to the settlements On the Detroit river, the country is little better than a wilderness, there being only two Or three little settlement*. Along the D^etroit river the country is partially cleared and cultivated. The improvements extend from half a mile to a mile back from the river, and in part oi these improve^ ments, on the margin of the streights,' is the road to the town of Detroit The whole country from Ur* bana to the toWn of Detroit is filled with savages, all of whom, with very unimportant exceptions, be- ldame hostile to us, and infested every part of the road which was not protected by an armed force. From the Miami to Detroit, a distance of seventy- two miles, the road runs so near the waters of lake U'f 14 'i I GENERAL HULL. n i-m £rie, and of the streights, that the enemy having the command of those waters, could, with the greatest fa- cility, transport from their shore, and from one point to another, detachments to intercept the communi- cation. Their vessels too, would always afford them a secure retreat, in case of disaster. There were, in the whole Michigan territory, less than five thousand white inhabitants; about two thousand or whom were settled <||ong the Detroit river. The soil, though fertile, was but little cultivated: the inhabitants greatly relying for their support upon the supplies of fish and venison, which the woods and waters afforded. The territory has never furnished sufficient provi- sions for its own inhabitants ; there are annually, as appears from the testimony before you, large quanti- ties of pork and beef brought in from the state of Ohio; and, notwithstanding the testimony of some of the witnesses, I assert, that at the time the army was in that quarter, they could not have taken the neces- sary supplies from the country for any length of time, without distressing the inhabitants. It has been proved, that even in time of peace the few troops who were stationed at Detroit were fed by supplies from Ohio. The country must afford insufficient provisions for an army, or there could be no necessity for furnishing general Harrison from the western states, at the immense expense, which his supplies have cost. The testimony of general Mac Arthur affords some evidence of the state of the country in respect to provisions. He stated that' from the morn- ing of the fourteenth of August, when he marched 8 "7 ■ '.(.'I ■( i, I '^'•''•1 74 DEFENCE OF s .1 si' m from Fort Detroit with a detachment, till the sixteenth, when they met with and killed an ox, in a march of near thirty miles, he saw nothing that was footl for man, except some unripe corn and some honey. The opposite shores of tfie enemy were not more produc- tive in supplies. The whole of the country border- ing on the straights and on the lake, is a wilderness, except the Settlement at Amherstburgb, and a very thin population on the banks of the DetBttt river, and a small place on lake Erie, known by the name of the New-settlement. Above, on the river Trench, at about the distance of sixty miles, is the most fruit- ful and valuable part of the country. Independent of these settlements, which had been exhausted by the two armies, the whole is wilderness. After the fall of Michilimackinac, when all the hives of northern Indians became hostile, and were let loose upon us, when the north-west company, as appears by the let- ter of Mr. Mac Kenzie, had arrayed against us their numerous retainers, and when the navigation of the upper as well as of the lower lakes was free to the enemy, no supplies could have been obtained from the river Trench, or the bordering country. It must be remarked, that from the time the army arrived at Detroit, not one pound of provisions had been received. From the moment the declaration of war was known to the enemy, he had intercepted the only line of communication, nnd thus cut off all sup- plies. ' ••■>"««9f;»^ GENERAL HULL. 7J It appears from a return made on the day the army arrived at Detroit, and which is mentioned in the minutes of a council of >var, held on tlie ninth, that there vrere then in store * 125,000 rations of flow, and 70,666 rations of meat. This stock, as it wa^^ never replenished, must have been proportionately exhausted, at the time of the re- treat from Canada, and at the time of the final surren- der. And, indeed, would have been entirely so, had we not drawn, as far as we could, our supplies from the country, which every day became the more stripped, and the less able to afford them. A return made to me by the contractor, on the twenty-fifth of July, shews not only the quantity of provisions on hand at that date, but it shews, by a comparison with the return of tlie ninth of thd same month, the rate at which the provisions were con- sumed. This return has been proved and read in evidence. It is as follow!^: *' Provisions on hand at , " Fort Detroit, twenty-fifth of July, eighteen hundred " and twelve — " 70,000 rations flour, " 21,000 sa/led meat, " 100,000 whiskey." It has been said by generals Cass and Mac Arthur, and by other witnesses, that they, never heard com- ll i ■ .i^j a m "««S9r^wif.. VI 70 DEFENCE OP plaints of a want of provision. This is certainly tlrae. There was not, previously to the surrender, an actual want or deficiency of provisions. Our stores were not then entirely exhausted; but there was a certain- ty that they would soon be so. Such then was my situation when I determined to retreat from Canada. I had above me hordes of hos- tile savages. I had below me an enemy in a fortress, which I believed to be a work of strength, and suf- ficiently manned for its defence. I found that he had been left at liberty to augment his force, by drawing his troops from all other points. I commanded an army, the troops of which (except a few regulars of the fourth regiment) had no experience, and had never been tried; and this army was otficered by men, the chief of whom had not hesitated to express, in the most indecent terms, his want of confidence in me. I was told, that I must not expect any co-operation or assistance ; I saw that my provisions would be soon exhausted, and that neither my own nor the enemy's country would afford supplies for any length of time. I saw that my only communication was cut off, and unless it were opened the army would be subdued by want. Under these circumstances, 1 determined torecross the river, take the principal part of the army, not with an intent, as I have said, to relinquish the en- terprise against Maiden and the Upper Province, but to wait for a co-operation and assistance, which might afford more favourable prospects, and in the mean ■o. ^^^mm^- GENERAL HULL. n _ time, which I considered a duty of the first impor- tance, to open the onfy communication by Tvhich I could obtain supplies. An attack en Maiden was an alternative, which, as I have said, presented itself to ^ my mind. It was one which I had the most powerful inducements to adopt. I well knew' what rewards of honour and glory awaited an- achievement, which my country had been led to expect with so much certain- ty and anxiety. I knew what were the expectations of my officers, and what resentment a disappointment would create. I knew a retrograde movement would expose me to censures, and to the malice of my ene- mies ; but in deliberating on this alternative, I could not but take into view the possibility of a defeat in the attempt, ahd the consequences which, as I have before mentioned, would result not only to the army, but to the people of the territory. A more decisive consolation, however, induced me to reject this al- temaflVe, I then felt confident, and I do now feel most confident, that if I had attacked Maiden, and had been successful, it would have been but a useless waste of blood. It would have been utterly impossible to have maintained the fortress. It must have fallen for want of supplies. It must be remembered, that the waters of the lakes were shut against us. There could have been no possible communication with the fortress, but by the road whicn I had c iit through the wilder- ness. How was that road to have been kept open ? Most probably, after an engagement, or after car- rying the works by storm, I could have taken into 8* ■y*| ^ :.*!*- •■'" -^^"^mmiimF i' "mr-' 78 DEFENCE OF Maiden but a few hundred men. Could I hav0 made sufficient detachment« from the garrison, to have performed this service ? Let it be remembered, that generals Mac Arthur and Cass censured me for sendr ing so small a detachment as two hundred men in this duty; and thought the force ought to have been double or equal to one of their regiments. And when colonel Miller, with six hundred men, two hundred and eighty of whom were almost the whole of the regular force under my command, had defeated the enemy near Maguago, he thought it necessary to send to me for a reinforcement of one hundred and fifty, or two hundred, to enable him to secure hia passage to and from the river Raisin, though his loss in the bat- tle did not exceed eighty, and though he knew at the river Raisin he was to be Joined by the detachments, under captain Brush, and the companies under cap- tains Campbell and Rowland. ^^ If the road <:ou7d have been opened, still no sup- plies could have passed into the fort, without crossing tlie water, and on that the British had a force, to which we had nothing to oppose. If we had possess- ed the fort, it would have been pressed by the north- west company, and its retainers from the north, with all the hosts of savages of those regions. A British force no doubt would have approached it from lake Ontario, by the river Le Trench. On the water it would have been attacked by the naval force, and all this it must have encountered, without the possibility of obtaining supplies, and without the lea^t prospect ofrelief or assistance. o o ^"^^'^W^iWj ■■■f*. Hfr GENERAL HULL. Td My judgment, Mr. President, may mislead me now, as it did then; but yet I think, that if I had led the army I commanded to the conquest of Maiden, under such circumEtances as I have stated, it would have been as great a crime as any of which I am accus- ed. Certain I am, that I should have wanted that consciousness of having acted from the purest motives, and according to my best judgment, which has been my only consolation in all I have suffered. If it be true, as I have stated, and as I think the testimony proves, that my army had not provisions for 4vny length of time, and that neither my own, nor the eneiny's country would have been capable of fur- nishing them, I need hardly state to the members of this tribunal, how important it was for me to keep open the road I had made through the wilderness, the only communication by which supplies could approach me. In modem warfare, the first great object of each contending party, 'is the resources of his enemy. The fate of armies is found to depend upon the abundance of their resources, on their security, and in the facility of keeping up a communication with them. It has be- come a principle to manoeuvre in such a manner, as to cover the places from whence supplies may be drawn; not to go far from them, but with great caution, and ne- ver to cease preserving with them those connections, in which the strength oS an army consists, and on which its success depends. These are the sentiments of a \ \: •1 i-i 'ini»»i|)i,iWBff_ji3PW«i'^ S,*f*** so DEFENCE OF modern military writer of great celebrity. Tlie ex- perience of all military movements in latter times, proves their correctness. I always felt the force of them. It was a ^eat violation of these principles, and therefore as I considered a great mistake, to march the army I commanded, after the war had commenced, to Detroit, leaving a British garrison eighteen miles in our rear, directly upon our line of communication, which from Hi proximity to the lake, and his force upon the water, the enemy had the meanr of intercepting with peculiar facility. But the orders I received in the letter of the Secretary of War, which announced to me the declaration of war, were positive upon this point. They lefl iie no discretion. I was to march to Detroit, and there to wait for further orders. I had seen the necessity <^ keeping open the communication, when I was on the march, and therefore I built and garrisoned block- houses on the road. When in the enemy's country, I felt every day, more strongly, the force of this ne- cessity, and therefore detached major >ran Horn on that service. Whether that was a proper detachment, as it is made a separate charge, will be a subject of sepajrate consideration, in a subsequent part of my de- fence. After the defeat of major Van Horn, and when I found the situation of my army immediately before I left Sandwich, such as I have before describ- ed, I was perfectly convinced that no success, riot even the capture of Maiden, could save it from even- tual destruction, if my communication with Ohio was not opened. . --taaia ■^vmmitfm 4 t GENERAL HULL. 81 The Court will recollect, that general Mac Artliur and general CaBS have stated in their testimony, that when they olyected to the sufficiency of the force I de- tached under mfyorVan Horn, they each recommended that I should send him with his regiment on that duty. This shews what force, in their estimation, was ne- cessary for the purpose. What force colonel Miller thought necessary, I have already stated. If these gentlemen were correct on this point, my army could not be in a proper situation, when I must have stretched back with nearly half and the most efficient poft of my command, to insure me supplies. It must be recollected also, that it was qot a temporary de- tachment, that would have answered any purpose. I must have kept always sepafated from the army, a sufficient force to have kept open the road from De- troit to Ohio, a distance of about two hundred miles. I do not believe, that after the fall of Michilimackinac, when the savages became arrayed against us, and in- fested every part of the road, that my whole force would have been sufficient to have protected so ex- tensive a line. Ill .A If Id ■ T These, Gentlemen, were the grounds on which I made a retrograde movement, with a part of the army, to Detroit. It was from thence to open the only channel, through which it could derive the means of its existence. I repeat, my judgment may have mis- led me. If it did, it continues yet to mislead me ; for every day that I have lived I have become more confident, that I did right to leave the enemy's coun- III I -I *>?" '<i^ sa DEPENCT OP try. Had I followed the dictates of my ownjudg* ment, I should have made my retreat to the Miami and there waited for co-operation and assistance. The distance from thence to the Ohio would have been comparatively short; I should have had no enemy in my rear but scattering savageii, and he could not then have availed himself of the great advantage h^ derived from the command of the waters. ! '■■ . . For the reason that I did not do so, let me appeal to the testimony of the two officers next in command. When I propose^ this measure to colonel Cass, his answer was, that if I did under the then existing circumstances, every jnan of the Ohio volunteers would leave me. His language in substance wafe, as he states it himself, that the volunteers would retreat with me, if they thought a retreat necessary. But as they undertook to judge, that it was not then necessa- ry, they would leave me and not a man would retreat under my command. Colonel Cass's testimony on this subject is in the following wonis : " 1 tecoUect a "conversation -with general Hull, after the retreat " from Canada, and before we went to the river Rai- "sin, in which general Hull suggested, that as he " heard of no co-operation from below, it might be " necessary to take post at the Miami. I think I told " general Hull, that, if under existing circumstances, *' he took such a step, the Ohio militia would desert *' him to a man. Whether I told general Hull so or " not, I am confident it would have been the case.'* ■oaf:. .-,»:»-.»'- ■ itfyjWrw.lSf M'ftJSISd* f-v*-'-'.*." .i, '■ GENERAL HULL. 83 It may be weil td remark, that this testimony of colonel Cass is evidence or the insubordination that VTM among the troops. By vrhom, and by what means, it had been encouraged, the Court may judge. Upon this part of (he subject, that is to say, the re- treat from Canada, I have but a few words more to say. I retreated for the purpose of being enabled to take effective meac*«re» for opening my communica- tion. The importance of accomplishing this design, I have endeavoured to shew. But it seems that the government, or whoever it may have been that drew the charges, that are now before you, were also sensi- ble of this importance ; for one of the accusations, that - 1 am to answer, is, that I did not keep open th?s com- munication, and yet the measure I took to accom- plish this object, and w-.jich was the only measure that afforded any prospect of success, that is to say, withdrawing the army from Canada, is also made a ground of crimination. I beg the Court to notice, that these reasons for the retreat are such as I a^ gned for it at the time, as well as now. For the evidence of this I refer to my let- ters to the Secretary at War of the fourth and eighth of August. My letter to governour Scott, of the ninth of August, and my letters to governour Meigs and colonel Wells of the eleventh of August, ajl shew, that I abandoned Canada because I had as- certained that I should soon be surrounded by an ^»^3t*^)i«<<:- 84 DEFENCE OF overwhelming force; because my communkatioii, if I remained where I was, would inevitably be cut off; and because I found that the few regulars and militia I commanded, were to be left to carry on, without any assistance or co-operation, the offensive war, which the United States had declared against one of the most powerful nations on earth. :'. It appears, that the view which my officers had of our situation, about the time of the retreat and sur- render, was very different from what it would appear to have been, from the testimony they have given before you ; at least, this observation applies to ge- neral Cass. The testimony of Mr. Sillimai^, (the general's brother-in-law,) of Mr. Mills, and of Mr. Converse, his neighbour, proves, that in letters writ- ten by him, at the times to which his testimony re- lates, he had different sentiments from those he has here expressed. In a letter of the third of August, at which time we were in possession of the enemy's territory, and all the resources that might be drawn from thence, general Cass tells Mr. Silliman, that provisions would become necessary for the existence of the troops. In a letter to Mr. Silliman after the fall of Michili- mackinac, general Cass says, that the iispression made l)y the fall of Michilimackinac could scarcely be con- ceived. In the same, or some other letter, according ■if W GENERAL HULL. 85 [.it* itia to the teetimony of Mr. Silliman, general Cass pressed bim to use his influence to procure reinforcements for the army, and e!^resses his surprise, that we were left without cooperation, by putting to bis correspon- dent the following interrogation : " Is there nothing ** to be done in the lower end of the lakes, to make a ** diversion in our favour V* In a letter from general Cass to the same gentleman, dated on the twelfth of August, general Cass says, ** think our situation as bad as you may, it is still worse.'* «( It is most unfortunate for me, that I have in the course of this prosecution so often to feel the want of documents. I ^ant to prove the contents of a me- morial, whieh was filed on record in the War Depart- ment. I ask for the record, and it is lost I am im- peached for not havii^ regula^y issued orders to the army. The witnesses who are to support this ciharge prove, that there were orderly books in which .my or- ders were entered; but they have either been lost, or what is more extraordinary, left at heme. Captain MacCommick has an orderly book, but when he was called here as a witness, he left his book behind him. Other <^cere seem very unaccountably to have thought the order to ship their baggage at the Miami included their CHrderiy books, and they have been lost by th>t means. And now these lettens fnno general Cass to Mr. Silliman, the contents of which it might be so impmiant to me to contrast with the General'^ testimwiy, it i^pears, were intrusted to the General** mfe, and they too have been lost. 9 "'-V* ■! n 86 DEFENCl: OF But I ask the Court, do not even the slander a«!* couDts which we have had of the ctmtents of these letters shew, that general Cass, at the time they were written, did believe that the army would be in want of provisions ?— that reinforcements were necessary "i—m that the fall of Michilimackinac was to have a decisive operation on the fate of the army ?•— that our hopes rested on co-operation from below, and that the situ-, ation of the army was critical in the exteeme ? — If these were general Cass*s sentiments, when he wrote , the letters, I must leave it to the Court to reconcile them to the testimony he has given. The sutrender of the fortress of Detroit, and of the forces in the Michigan territory under my command, is another charge, against which I am now to defend myself. I beg the court to observe, that the course I am pursuing, is to examine, in tfie first instance, the propriety or necessity of these principal measures ; the circumstances attending their accomplishment be^ ing ground of distinct accusation, I propose to give them distinct considerations. -i A9 to the point, on which I am now about to makf my defence, I must beg the Court to bear in mind what I have said in relation to the delay in attacking Maiden, and to recrossing the river ; much of wl"*t I have said upon these subjects will be applicable to the cliarge now nnder consideration. The isame fi^ *8 are reiterated in the specifications in so many different forms, that it is difficult to analyze them, fmd might \ GENERA' HULL. n excuse repetition. But I shall endeavour, as much as possible, to avoid trespassing on the patience of the Court ; and shall not repeat what I have already said, further than may be absolutely necessary io make my- self clearly understood. ..•■'■•■■ is^it?***" " .■ The extent and state of the force under my com- mand, at the time of the attack on the fifteenth and six- teenth of August, must be ascertained, before my con- duet can be duly appreciated; The detaclmients under colonels Mac Arthur and Cass, consisting of foinr hun- dred <^ the most effective men of their regiments, were ahsMit on the expe^tion to tlie river Raisin. ^ On the mormitg of the sixteenth, the brigade nsajor Jessup, as appears by his cross ^lamination, had, by my order, made a report of the effieetive men under my command. He stated the number, as appears by a document before yon, in the three Ohio reginients, to be seven hundred, inclndkig .the Michigan legion and waggoners, iNit not the Michigan miliUa. The arm- ed inhaUtants Which some of the witnesses have mentioned, I presume were not intended to be includ- ed, and indeed should not have been. For althongh it may have been agreeable to the disposition crif some who have testified in this cause, to mention them here, that they might swell my numbon th the eyes of the Court, yet I believe it wilt not be thought, that I ought te have taken them into calcnlaticm in estimat- ing my means of defence. In the field they were •r? 1 'Hi II: I. I ' >i f* ■ r^^.-—" '-.,■,■»!";?»■ B8 DEFENCE OF m only likefy to be the first to set an example of dif(n> dcr, and in a siege tbey would only liave inmeaied' the consumption oC provisions. Miyor Jessup says, that on the fifteenth he received an estimate from one of the adjutants of the number of men fit tor duty^ He thinks it exceeded one thou- sand. This estimate was- not delivered to me, but wa» given to general Cass the day after the battle, for what purpose does not appear. I w'sh general Cass bad produced it on this occasion. . Of the one thousand^ if there were so many «f40- tive, only three hundred and twenty were regulars; that being nugor Shelling's estimate of the effective fome of the fourth regiment on the day of the surren- der. The rest (^ this thousand consisted of the Ohio volunteers and Michigan militia.. In my letteis ta the government, and in myoflBcial account of the iiinfortunate tennlnati^m of the expedition under my commandv I have always spoken of the zeal and bravery of these tro<^s^ in terms (^respect; and I still think they merited all I have said of ih«n in^ these re- spects. Yet, in estimating, their pvobable services in, an arduoiiL conflict, I could not Itot consider their real character. My experience in the revolutionarv war had fixed in my mind a mistrust of the serv. es of un- disciplined militia, however wrdent and valerou» they might by lai^^uage, and evep by actions, when not befcre the enemy, make themselves appear. Indeed I (^UNfiRAL HULL. 89 tjie organization of tli«s militia eorps I had with me 1^88 particularly calculated to create distrust -with re- spect to them. All their officers held their commhh sions in virtue Of an election, mediate or immediate^ ctf the men of whom theywere the nominal comman- ders. My seccmd in command^ colonel Mac Arthur, has prefaced his testimony, by telling you that at such a time he was elected eolonel. Colonel Van Horn was elected mijor; Mr. Mac Commick was elected a lieutenant. From what sta- tions or what occupations these gentlemen were elect- ed to high military rank, I do not know* It would seem, however, that notwithstanding all the experi'^ ence they have had in the field, they have not yet learr:9d even miiitary language ; or foi^otten what were probahly the phrases of thdr former occupa- tions. * General Mae Arthur, m describing the disposition he intended to make of his regiment in case of an attack, spoke as he would of the gate of a cow-pen — of swinging it into the rear line of a hoUow square. And most of the witnesses against me have spoken of the balance of a detachment, al> they would of the foot of an account in a shop book. Elected officers can never be calculated upon as great disciplinarians^ In every station, the elected will be unwilling to in.* cur the displeasure of the electors. Indeed, he will often be found to court their favour, by a famili..Jty And condescension, which are totally incompatible- M :i1 '^'l.'^ ii . 1 00 DEFENCE OF » /* wkh military discipliae. 'The man wli& votes his officer his commission, instead of being implicitly obedient, as every soldier oi^ht to be, will be dispor sed to question and ccmsider the propriety of the offi- cer's ccmduct, before he acts. This sv^tem has not only an injurious effect upon the soldiers, but it has a retro-actiTe effect lipon the officers. They, knonving how far they are responsible to their electors, and what deference is due from them to a miycMrity of votes, are under the influence of their own feelings, in intercourse with their superiours. The Court must have observed, with what confi- dence, the officers who have testified against me, have pronounced every thing to have been done wrcug, that, was not dcme according to their advice. They «eem to have thought, that when a Council of War was called, it was to be governed by the laws of a town meeting ; and that a general was absolidely bound by the voice of a majority. The tesiimoiqr of mi^or Van Horn is a remarkidble elucidation of the ideas of some of my officers in this respect. He seems to think, that I was guilty oS great . vifriation of duty, in not being careful to ascertain aecurately the votes of Jie members then presenk Though, as was actually the case, I had omitted to , take the vote of a gen Jeman, whose opinions co|iij^ cided with my own. Mr. President, my iceas oi a Council of War are> that it is called to advis ? the responsible officer es to OfiKERAL HtLL* or any question which h6 may think proper to subttiit to its memben i that he ou^t to hew and wei*^, with what deliberation ciromnstances will admit, their sentiments and qiinions. But that after all, he is bound to act accordiig to the dictates of his own juc^pnent, be the q>iiii(ms of his officers what they may. And inasmuch^ as the advice of a council will not, in all cases, justify misconduct, I liope it will not be considered, that a measure, althov'igh it should have been wrong, or turned out unfortimate, must be condemned, because it was not sanctioned by a ma- jority of votes. These are cimsideratJons, wbich I think it neces- sary to impress strongly upon the minds of the Court. ' It unfortanately happened, that on most questions, which I submitted to the deliberation of my officers,: their <^inicn and mine did not cmncide, and many of the witnesses seem to think, that therefore they must lie condemned. But such a principle will not, I hope, be adopted by this Court. The decisions of the C(Nmcils should have the less influence, because it must be recollected, that I could not, with the ex- ception only (oS the officers of the fourth regim<£nt, call (or tiie advice <^ any tme who had seen the least service, or liad the least experience. For though most of the witncoses who have been produced on the part of the government, have appeared with tfce ; titles and baclg^ of high military rank, yet it is cer- tain, that most of these gentlemen when they joined my army, knew no more of the duties of a soldier ; ^1 . ^f -•'^inSftfS ^ ■ i — i ^ii i " ' - trf ia -ji» i m,i i Ml DEFENCE OF ihtn wai t»lw learned from militia mmten and pa-? radea about their own homes. What services they may liave since p«rfonBed to entitle them to the honours they hav^ attained, I tan ignorant; and only hope, that their elevated rank (as it ongL to be pre- sumed it was not intended it should,) will not give them any other weight, than they would have had, if they had remained in their former subordinate situa- tions until they had given their testimony against me. i These observations are made, in reference to the principal part of the troops I had under my command $ and to shew, that although, as men, they might be brave and patriotic, as I have always believed they were, and as I have always spoken both of the officers and soldiers, yet from the manner of thdr (nrganisation, and from their want of discipline and experience, they were not that kind of force upon which a com- mander could feel, in an arduous conflict, the firmest reliance. So far as we had any <ipportunity of judg- ing from trial, this want of confidence in forces of this description was justified. , The expedidon(|. under mi^w Van Horn was the only instance in which the volunteers acted by them;' selves in any affair of consequence ; for the rencontre at the Aux Canard bridge, (althoi^h both the officers and men behaved well) was but a skimnsh, which could hardly be a test either of coujrage or discipline. The detachment under nuyor Van Horn, as he has lestifiet?, were sot surprised. He had fully prepared IX <#> GENfiRAL HULL. 03! y if (hem, according to his statement, to expect their foe« and yet his party was disordered by tlie first fire of the enemy. Notwithstanding all the gallant exer- tions which, as he has stated, he madcv he was unable to rally them, or to preveui iheir flying in confusion in the very first moments of attack by nothing but savages. '*< In submitting to your consideration, Gentlemen* the state of the forces under my command, I must not omit, painful as it is to me, U» advert to the un- happy terms in which I was with my oflRcers. They took RO pains to conceal what they have here testified lo, that they had lost all confidence in me ; many of them maidfestci it, as af^ears from their own testi- mony, by the moat indecent conduct and expressiobs. The Court must recollect the language^ which I forbear to repeat, that my second in commaid, colouel Mac Arthur {turn BrigaSer Oentrdl Mac Artimr^ represents that he addressed to me, when I pn^posed to him to remain with his regiment at Sandwidi. Let it be remembered too, that the Brigadier General has stated, that when we were in the face of the ene- my, and he might hourly be expected to be called to battle, he used this language with an expectation, ^jjfXii he should be arrested : with an expectation, that at such a moment, he would be put in a situation that he Goidd not be called iqion to use his swordt Briga- dier General Mac Arthur has sari*^, that these ex res- »i0D9 were extorted from him) by insinuations of ^ow. ) •■"■•iJfit-.vMWiWS!'* ommf 94 DEFENCE OF urdice. I meant no such insinuation. Hiideciaraliou, that he felt hit single self aHe to cany the fortress at Sandwich against any garrison, left no room to doubt his own good opinion of Jus prowess. When general Mac Arthur addressed such language to me, 1 had never seen any thing thatWv<Mild hav^ warrant- ed such an insinuation as he conceives I made. But if any thing would justify an impeachment of that oCBcer^s courage, it would be, suck conduct at 4Mfifc altm^. It may be thought, that I ought to have arrested ge^ie- ral Mae Arthw. It is not one of the char|^;,agaipi»t me that I did nol} and therefore I shall lu^ dlgpresa further from the courae of my defepfC^, thaiArti^gay, tb^e pect^arity of my situation akme pre¥«!iittd«a^ doing it. If I had taken such a step, I have no doubt his men, who had elected him a colonel, would have turn- ed their arms i^ainst me, with as much alacrity as they professed to use tbem ai^ainat the enemy. I might, and beUeire I dioidd have had a civil war in my captp. Bnito draw what was the disposition of my ofBcers lowaids me, I have only to refer the Court, omw more to Colonel Cass's (tutw Brigadier Qeneral Cass) letter to the Oovermnent, of the. tenth of Sep- tember, in which he statea, that A^, aoA sAirSt had farmed a conspiracy to vrett the ccnumaad from me* Whether thia was, or waa not; » treasonable design, j|^ not tor me to detenmne. But what ccwfidence could ' I place in offioeie, whxMte conduct had been tucb is they thenaelvea have described? ^» GENERAL HULL. 00 I know, Mr. President, that my letters to the Sec- retary at War, and my official account of the surren- der, may be appealed to on this sulgect. I wish they may be— what I have written Of the volunteers and their officers is just, and what I yet say. They were brave, sealous men. It Is my pi. le, that in the very hour of ?.';isfortttne, I had the magnanimity to give them all the credit that was due to them, and to take upon myself the whole responsibility of ^a measure which I knew would be the subject of so much cen- eure. Would, sir, that I could have observed a little of the same spirit in my accusers ! That they had been willing to take some share of the blame that is justly due to them ! And that they had not, in the tri- umph of their own elevation on my depression, repre- sented, wiUi the most uncharitable bitterness, a man whose smiles they once courted. I mv'st be pardoned, Mr. President, for yielding to my feelings, in these digressions. I have stated to you, the numbers, nature, and situation, of the force which I had to oppose to the enemy. I shall now state what force he brought, or might bring, against me. I say. Gentlemen, mght brings because it was that consideration which induced the surrender, and not the force which was actually landed on tlie Amer- 4^n shore on the morning of the sixteenth. It is ^)08sible, that I might have met and repelled that force, and if I had had no farther to look than to the event of a contest at that time, I should have trusted t» the issue of a battle. I beg leave first to examine, );,*■ i f i DBIPBNCB OF Spring Wells on th* moinA«i « ">• ,o«nt the «>"»y • '!^^«ny «M«~. f ''"'" wm«if .*«« th. ««" *r •J^." i,, ao« ««««. b very evMent, thtt WWc » „„ court ■« tap«»- .,«., ttet they oo»M««' ^ ;^ ^^^ And y.t ,ig„ific»., both » •» r^'X. my «»*«>»•<«'* it i. very »«T''"^ jX,I»*»ft»«« »» «»» po^er rf th. BriU.h "^^'^a'Tw-.- "«»«>"■ ^ 1 .m a^ '** v» H*-- •*» I^^' ""' detachment »»«»«""»« "^ u-t .ccotding to I did «., «he n»jor ^'Tr^^ hundied Into" , th.lntonn.tlonh.«eM«d.*« ^^ c«««d f«m. «h. BriUA *«^*J ^ cTtadnriyn a,.t to one to^- *• ^"^ ,„.^5,d6«».. "* - nppwr to be ve.y .n-U "^ '^ ^ f«mdd»ble. Ittamnia.o»f>>.bo"e«''*»* •" .J _\ OENEiykL HULL. 07 tto I no IuH' lain. ifted, KNne IniU, ckof lutlt other apres- iry tar td yet ' would intlie nerotts kvaaU a vethat Aing to Indians rty vras dnal e uit> and inldable. IS in that "J ' — inaiy^ quarter had immediately after the fall of Miehili mackinaCi joined the British. I had had in couneil, between the fourteenth and twentieth of July, the chiefs of nine nations, whose warriours amounted to between two and three thousand, or more. Is it not extremely improbable, that with a large force of this nature at their disposal, the British should have em- ployed but a small part of it in their enterprise against Detroit ? Is it not rather to be presumed, that in an undertakinti; in which they must have been very am- bitious of success, they ihonid have employed all their disposable force, whether wldte or red ? The force brou^t against me, I am very confident, was not leu than one thousand whites, and at least as many savage warriours. But it was not only against this force, on our own shores, I was to defend myself. Their batteries from Sandwich were effectually co-operating with them, amd their ships ci war were ready to lend them assis- tance in the moment of attack, to cover their retreat, and to afford them shelter in case of defeat. If the British, landed at Spring Wells, were not much more numerous than my own troops, I knew they ^mtilt have a powerful force in reserve, which they llolitd bring to operate upon me, either by crossing them above the town of Detroit, or by transporting them in their ships to that point, and thus atttick the fort on all sides, and place my army between their fire. 10 m 98 DEFENCE O^ I should not, however, have yielded tO all these eon* fiderations, hisd the war 1 was canyiiig od, been only against civilized men. In that ease, those only who were in the contest, would have sufferedi^ But I knmf how sah^inary and remorseless the savages would be, should my army be subdued, and the fortress be obliged to yield. The whole country would have been deluged with the blood of its inhabitants— nei- ther women nor children would have been spared* The large detachment, which was out under the com- mand of colonels Mac Arthur and Cast, of which I could get no intelligence, and the detachment under captain Brush, at the river Raisin, would most pro- bably have bees the victims of savage fury, which is always excited by battle,, and rendered more sangui- nary by victory. These appeared to me the certain and dreadful consequences of unsuccessful resistance. If, after a conflict, I should have been able for that time to have repulsed the enemy, I might have pur- chased feme, and have avoided all I have sufiiered, and what I now suffer, in being obliged thus, at my time of life, to vindicate my honour, and plead my cause before you. But at what price should I have done this ? How many oi the lives of the brave men I commanded, would it have cost? How many of the persons, who now appear to witness against me, m^ht I not have sacrificed ? It might, indeed, Mr. Presi-i dent, have given me an honourable grave— and if mine were the only life concerned, I wish it had been so, rather than that the foul crimes d* Which I am' accused should be coupled with a name, to which my ■i f GEKERAL Ht^LL. 99 eounUry of kto* as well as heretofore, has acknow* ledged sooie oblations. ^ But I had rather •▼en that this should he. I rather stand before you ac^nued^ as I am, than have useless- ly and wantonly sacrificed i:., single life, though it phould have insured me immortal fame. If the attack of the enemy had been repelled, our triumph would have been but temporary. My nunn hers must have been diminished by losif in battle. ^hey would have daily lessened by the cannon of the enemy trom the opposite shore. The force of the ene- my, augmented as it was by reinforcements under colonel Proctor, miyor Chambers, and the commander in chief general Brock, would have lieen daily aug- menting. The force from Michilimackinac and Bt* Joseph's, which would have amounted to several thou- sand savage warriouro ; the savages, with the addi- tion of some hundred white men^ mentioned in the intercepted letter of Mr. MacKenzie; collected at Fort William, would, in a few days, have descended v*>ou us. The Canadian militia had aU .returned to their allegiance. The enemy's naval forctrand means of transportation on the lakes firere augmented. There was no co-operation v^ith my a. iiy from any quarter. The letters I had received from geneirals Hall and Porter had not only satisfied me that my expectations in this respect were disappointed, but that no diversion in my favour w^as soon to be expect- ed. My army was in a comer, surrounded by a wil- 100 DEFENCE OF m. y fe«- II ' r i ftemera of wat€rs, and a wilderness of woods. All •pommimieation with my coiratry, either by land or water, cut off, my stores of provision and ammunition hut sufficient for « sh«>rt duration i add to all this, that at the moment of expected conflict, I received infw* mation that a part cf my wm troops had gone over to the enemy t and that a larger hoAf mere about to join him. Under such a combination and pressure of ad- verse circumstances, the army muet have yielded in a little time, notwithstanding any temp<Nrary success. I did not think I should be justiftable or even excus- able, if I risked a battle when victory could purchase no real good. And when the consequence d* defeat, or even the consequences of being driven into the fort, would be to submit the whole country which I. was sent to protect, and that part of my force, which •was on detachment, to " the ruthless ferocity of sav- " ages, armed with the horrours oi those instramenta ^^ of cami^e and torture, which are known to spare neither age nor sex.*' a From such calamity, I knew a capitulation would be A protection. The British, if made masters of the country without a battle, would be able to restrain their merciless alKes, which they could not do after a contest, even if it should be only so far successful as to oblige us to retreat into the fort. A savage will have blood for blood, though he draws it from the veins of the defenceless — victory only heightens his inhuman thirst. ■■*% ■** GENERAL HULL. Tol I oflbred a capitulatkMi and surrendered. " I veil *«knew the high respfmsibilitf of the measure, and '* take the whole of it upon myself. It was dictated " by a sense <^ duty, and a full convictibn of its ex- <ipediency. If aught has taken place during the <* campaign, which is- honourable ^to the army, my " officers are entitled to a large share of it. If the '"last act should be disapproved, no part of the cen- ''^ sure belongs to them.'* These, Sir, are the words of my o£Bcial communi- cation of this unhappy event to the Secretary at War. I repeat them. It was. Sir, a sense of duty which drove me to the measure. It was a sense of what IjOwed to the protection of the inhabitants of the territory I had so long governed. I felt myself bound to sacrifice every private feeling, and iu spite of *l . i^-^lves, to save from useless waste the blood of tiW ''-rAve men I commanded. Nor, Sii, will I con- ceal, that in the midst of the cami^e th&t might en- eue a battle, my parental feelings saw a daughter and her offspring, who were with me in the fort, bleeding under the tomahawk of a savage^ i^Si:;''' If these be considerations unworthy of a soldier,' then I am without excuse. Then, indeed, you may pronounce your utmost doom. But, do not let me transmit to my posterity a name, tarnished by the foul crimes imputed to me. I say, I am as free from the sins of that black catalogue as any man who hears me. But if a propitiation Sje necessary, and it 10* "^1 '.i& •^: 102 DEFENCE Of* must be the remnaiit of the life <^ a man, whose eoun' try has hcretof<Nre acknowledged his claims to her gratitude, and who has not ceased to deserve it-i- here is one that I offer. I would freely part with it, if you will not takci from me, and from my family and posterity, my fa&nour aoid character. I now appeal with iiiome confidence, to this tribunal, for their decision upon the accusations which I have hitherto considered. Was either of the acts to which the attention of the Court has been directed, In (hem- selvesy and abstractedly considered, ui^ustifiaUe, or rather (and this is the true question) was either of them so manifestly wrong, so ^regiously erroneous, that it is oi itself, evidence of treason, cowardice, or unoflBcer'like conduct ? Are there not so many rea- sons for my conduct, in regard to these transactions^ that 1 may be supposed to have acted himestly, though It should now appear to the Court that it was erro' neously ? If an act may have proceeded frcnn pure intentions, it would be the height of injustice and misanthropy, to impute it to bad motives. i ■»>" I shall now proceed. to make my defence against the other accusations. I shall endeavour to arrange them in the order of time in which the facts, bj the specifications, are supposed to have oecurredL Hitherto, Mr. President, nqr defence has chiefly rested on documentary evidence, or upon facts of m U- v.. GENERAL HULL« 103 general notoriety. At to all that follows, the chaiges depend entirely UfKni parole testioMHiy. It seems extraordinary, that there has not been a witness examined on the part of the prosecution who hrjB not been promoted since he was "under my com- mand. A f^reat minority of the young gentlemen who have been u&lied by the Judge Advocate, have af^eared decOT9ted with their two epaulets. These have been bestowed, and sometimes with the augmentation oi a star, upon gimtlemen who began their milita^^r ca- reer with my unioitunate campaign. By what services many €i these gentlemen have merited such rapid promotion, I have not learned. But if it all arises out of their achievements while imder my command, I must say, that it appears to me that my expedition was more prolific of promo- tion, than any other unsuccessful military enterprise I ev^er heard of. r It cannot be, that it has been intended ti give a weight to the testimony of these witnesses, by giving them ranks and honours, which ii would not other- wise have had. But, Sir, when my military charac- ter »nd measures are to be tested by the opinions of gentlemen, with high sounding titles of militaiy rank, I think it necessaiy to remind the •Court, that, with the exception of a few of the younger officers, there 4 •^fei*Ssa£:;^^.;.. r 104 DEFENCE OF are none of them who have not been promoted tc their h^gh stations, without havii^ had any military experience* and without, so far as I liave heard, ever having discovered any militMj talents or genius. If the' opinions of witnesses on military conduct ought in any case to be listened to, (which I conceive ought not to ^je,) yet, I think the opinions of men <^ these descriptions, ought to be received with the greatest caution. The extraordinary promotions which the witnesses against me, have generally attained, I think may be accounted for by a recurrence to the fact, of which this trial has afforded the most conclusive evidence ; which is, that each of the witnesses, from the gene- rals to. the youngest and lowest officer that has been called by the Judge Advocate, is himself, in his own opinion at least, a htro. !• f^' From general Mac Arthur, who thought himself capable of fighting a whole garrison, down to. the lowest rank, every officer seems to have thought, that if he had been the commanding general, or if I had taken his advice, all would have gone well. No doubt, they have, in justice to themselves, made these representations to the government. And their rank must be considered as a reward for the great things, which they smd they wouid have done, rather than to have been acquired by any actual /services. t '^i^^^" ■^'T^i^jr iiajtH***^ 1 GENERAL HULL. 105 But, Gentlemen, before I proceed to examine the parole testimony, let me call your attention to anotlier subject connec'e^ "with it. . I mean the indefatigable pains, ndiich have been taken, to propi^te and keep alive the most hateful pri^dices against me. Sir, I believe there never was a greater outrage committed on the adminbtration of justice, and towards an in- dividual, than was the publication of colonel Cass's (now brigadier-geneiul Cass,) letter to the government of the tenth of September. That 'yuch a letter should be pubHshed, under the sanction of the administration, against a man, whom the administration was about to put upon trial for his life,'! belieire if d proceeding of which no country on earth has before afforded an example. Thaic the' administration should, under such cii^ cumstances, permit the publication of snclltft letter as general Cass*s, one that labours to represent my conduct in the mvi,*. odious point (^ view, and takes pains to heighten the public resentment i^ainst me, by a colouring which colonel Cass could nil ktaow of his own knowledge, was true, appears to nJA t» be a violation of every principle of justice. ) The Court will please io recollect, that colonels Casfi and Mac Arthur left Detroit with the detach- ment to the river Raisin on the fourteenth oi August, and did not return to the fort till the evening of t!.e sixteenth; of course they could not know, of their own kdO^ledge, what passed in the interim^ A --*-*».-*»iji4M»»»*»-*-« loe DEFENCE OF ■■>< i No person, reading colonel Cassis letter, but would suppose, he was an eye witness of all he relates. It is ini[M>s8ible to discover, that he was absent in the expedition to the river Raisin. Tet general Cass states, as if it was a matter within his own knowledge, that when the troops received orders to retreat into the fort, ** one universal burst of indigna^ " tion was apparent upon the receipt of this order.'* I beg to quote from this letter another paragraph, to shew what was the spirit with which it wae written ) the desigE oi its publication I must leave the Court ^o infer. : .■;*:■ H *> " To see the whole of our men flushed with victory, '* eagerly awaiting the approaching contest; to see '■* them afterwards hopeless, dispirited, and despond- " ing, at least five hundred shedding tears, because " they were not allowed to meet their country's foe, *' and to fight their country's battles, excited sensa- " tioDs, which no American has ever before had." Would not every one imagine, that colonel Cass was here describing a scene which passed before hia own eyes ? Did he actually see at least five hundred men shed- ding tears, or does the Court believe that this is a representation of a fact which really occurred ? If it were so, it is extramdinary that not a witness has testified to it. Captain Mac Commick says, he ob- ■m OENERAX. HULL. loi k absent general liiB own orders to indigna- » order." .grapb, to written j the Court h victory, jl; to see I despond- •8, because intry's foe, ited sensa- e bad." tonel Cass \ before bis a men sbed- hat tbis is a urred? If it ^tness bas says, be ob- served some men shedding tears, but tbis falls greatly short of general CassN five hundred. But who were these weeping troops ? it is not to be presumed, that it w>u intended that we shoi^ld believe they were the! regulars ; they are not commonly mucb given to weep.: ing. They were not the Michigan militia, because a part of them deserted, and the rest were disposed to go over to the enemy rather than fight him. The men then who shewed, this very extraordinary sensi- bility, must have been colonel Cass's patriotic volun- teers. The same vohmteersy who mutinied in the camp at Urbana, and would not march till they were compelled to do so by the regular troops. The same volunteers, who rode the officers of one of their com- panies on a rail. The same volunteers, one hundred and eighty of whom refused to cross into Canada ; and the same volunteers, who, when they had an op- portunity, under major Van Horn, to gratify their eager wishes to meet the enemy in combat, ran away at the first fire, and left their officers to be massacred. If general Cass did not witness this scene, why did he make such a representation ? There can be no other reason, than that this kind of inflated descrip- tion was intended to reconunend hiuweif to the go- vernment, by representing himself and his troops in the most favourable point of view, and me in the most nnfavourable, that even hyperbolical language would admit.' * Sir, this is not the only means that have been re- sorted to, to excite and keep alive the popular t1 N .if-jsmtut-^ IM DEFENCE OF (' -• clamour against me. Othen of my oflScert finding what favour the publication of liis letter gave him, in the eyes of the administration, have seen that the tame road of preferment was open to them $ and the news-p^iers; from one end of the continent to the other, have been filled with letters concerning me* expressed in terms which neither truth, justice, nor even the !aws of decorum can sanction. Down to this very tame, 8ir, the same system is pursued. Now, while I have been on my trial, publications have appeared in the public prints of this city, commend- ing the principal and leading witness, for the manner in which he gave his testimony against me, that those who were to come after him might be encouraged to follow hu example. And, Sir, at this very mom/ad^ at the veiy dow oT this buildingi is hawked for sale, a work printed within this few days in sight of this capitol, entitled Views of the Campaigns of the North-western Army, in which my conduct or motives are most grossly mis- represented. Who are th^ that thirst so for my blood, and take these means to obtain it? ^ It is not the ostensible author of this performance. His msignijicancei and the contemptible talents em- ployed in the work, shew him to be too mean to have a motive of his own. I know not who may be the authors or instigators of such outrages upon justice. If such things are permitted, and can have any influ- ence, then the sades ought to be torn from the hand GENERAL HULL. 100 I him, in that the I and the nt^the ming in«» iBtice, nor Dovrn to Bd. Now, lon« tav® commend' the manner s, that those kcouraged to very Aoot oi tinted within kUttedViewt m Army, in grossly mia- it 80 for my ■ ? ^ • i performance. |e talents em- L mean to have lio may he the upon justice. Lave any infln- I from the band of the figure which adorns the hall wherein you sit. She ought only to be left the sword with which she is decorated, and she ought to wave that as an emblem^ that vengeance^ anfl not justice, is administered under this roof. But, Gentlemen, for whatever purpose these acts may have been intended, 1 rely with a perfect confi- dence that you will rise superiour to them. If I wanted other assurance o it than that which is de- rived from your characters, I should have it in the patience and impartiality with which this proseci»> tion, 80 far as depended on you, has been conducted. Before I enter on an examinatimi of the paiole testimony, I must be permitted to remark, that I can- not but think that the course which has been pursued, of examining each witness in the presence of the rest* has been unfortunate for me. Till this Court de- cided that it should be so, I- did think it was a well estahtished rule of martial law, that the witnesses should be examined separately. The justice and propriety of this rule, I have very sensibly felt on this occasion. In a tase where so much may depend upon the language or phrases in which the witnesses express themselves, it would have been desirable, that each should have been left to the necessity of selecting his ovm language to express his meaning. But according to the course pursued, each witness was at liberty to adopt the words, which had been used by any other witi&ess on the same point. Thfc 11 «9(*'- 110 DEFENCE OF disposition of several of the witnesses to do so, hat been very plainly manifested by their answering, when interrogated as to my personal behaviour, that it was the same as had been represented by a prior witness. t\ It is true. Gentlemen, that the Judge Advocate would not accept these answers, and I presume has not taken them down, but they nevertheless shew the natural disposition of the witness to borrow the words of another, and I have no doubt they have very con- scientiously, and often without knowing it, borrowed ideas also. Gentlemen, in these Courts Martial, where the members, among Whom there may be great inequality of grades, are intended to be put upon an equal foot- ing as judges, care has been*taken, to avoid, as far as possible, the influence likely to arise from authority! It is on this account that the opinion of the youngest member is ahtrays first taken. And it was on the same account, as I conceive, that the rule was es- tablished, that witnesses should be examined sepa- rately, that the younger might not be influenced in his testimony by what might be said by his superiour. It would be contrary to experience of the human disposition, to suppose, that after a subaltern has heard two or three generals and oflScers- of higher rank than himself testify, to whose authority he is perhaps subservient, or to whose good word he may have owed or expects to owe his promotion, he will ■> /. GENERAL HULL. Ill lo «o, hat nsweringv riour, that t)y a prior Advocate esume ha» 18 shew the V the words e very con- It, borrowed , where the sat InequaUty ^n equal foot- old, as far as om autliorityi the youngest it was on the rule was es- :amined separ influenced In his superiour. of the human subaltern has cers of higher authority he Is I word he may motion, he vrlU be willing to contradict what his superiours have said, or even to make a representation which will vary from theirs. If on any ease, Sir, the weight of this sort of influ- ence could be felt on the testimony, the course pur- sued on this occasion would give it the fairest scope. For the witnesses seem to have been arranged and produced, in the first instance, very much according to their rank, (except colonel Miller.) After the Ge- nerals had been examined, then uame the subordi- nates. The exception to this general co:i>;se as to colonel Miller struck me as a little singular. I did not know why he should have been examioed the last, particularly as he was the highest officer of the regular army which had been engaged in the cam- paign. He was with me during the whole time, and had the most intimate knowledge of the transaction < to which the other Gentlemen testified. But when I found that colonel Miller's testimony was much less unfavourable to me than the testimony of the witnesses who had preceded him, and that he would not support them in the most materi<|part8 of their testimony, I was at no loss to account%r this course of proceeding. The next accusation which I shall consider, is spe- cified under the charge of imofficer-like ^'>i«r;ict, and refers to the commencement of the march of the ar- my. It is in substance, that from the time I took the command, I omitted to exercise, inspect, train, review. •*W^"" ■ -V K^il. 112 DEFENCE OF ll ri and order the troops. I cannot believe, dentleilien, that it win be necessary for me to say much on this sulgect. I did expect, that if any part of n./ conduct could have escaped the censure of my enemies, it would have been the manner in which I led the troops through the wilderness. When it is recollected, what an extent of road it was necessary for me to cut; that a great proportion of the men were constantly employed in this duty ; that those who were not so, were mcst generally fatigued with their turn of this la- borious service, I believe the Court will think with colonel Miller, that there was neither time, nor op- portunity, for that sort of discipline and exercise, which, under other circumstances, would have been proper. The commandants of regiments have testi- fied, that, as to their respective commands, there was no omission of what was their duty in this respect. The fault charged to me is then, that in the depths of the forest, through which we were marching, I did not call off my fatigue parties, guards, and advances, and go through the ceremonies of military parade. And yet, as if every thing that I could have done, must, in the opinion of my officers, be condemiied, my omissions to have these parades are not more severely censured than my conduct has been for making some display of the troops, and passing them in review on some few occasions, when I thought it was consistent with our "ituation. When the corps passed me by sections, after we had crossed the Miami, general Mac Arthur thinks it was not a review, be- cause I was not, according to his experience, in the ^. GENERAL HULL. 113 atlemen, I on ttaiB conduct emies, it ;he troops ;ted,\vhat e to cut; sonetantly re not 80, kofthiftla- think with le, norop- d exercise, have been have testi- », there was his respect, the depths of >hing, 1 did d advances, tary parade. I have done, condenuicd, ire not more las been for passing them i 1 thought it len the corps led the Miami, a review, be- erience, in the fitdation which a reviewing general ought to have been ; though, be admits that the officers at the heads of sections saluted me, and he admits that it is possible he might have saluted me himself. At the river Raisiu, I also passed the troops in review. I did the same at Spring Wells, and mar\;hed the troops from thence to Detroit and back. But these parades seem to have excited the indignation of general Mac Ar- thur, as it did, according to his testimony, of other officers i but for what reason I have not been able to learn. The truth is, that from the moment we com- menced our march, the troops were always under my eye. I saw them on their line of march. I saw them in their working parties, and in their encampments. I thought it would be as ridiculous as useless to make parades in the midst of the woods. Whenever the country opened, so that there was any*room for dis- play, I availed myself of it; not only that I might see the troops, and |.<ut them in. military array, but^I thought it would have a good* effect to shew our line to the best advantage at the little settlements which we passed, and on our arrival in the neighbourhood .of Detroit. I shall trouble the Court with nothing further in relation to this charge, than the following quotation from general Cass and colonel Miller's testimony : ge- neral Cass states, that " from the time they left Urbana, '* the march was conducted with all possible expedition. " There was no time to discipline the troops." Colo- nel Miller, on his cross-examination, says, " On the 11* , J .. • .. • 'i ►«\^ .-i ;-*"*--'*- ...1. • f^ 114 DEFENCE OF *< march there was no opportunity to discipline the " troops. The fatigues of the march, and cutting tlie " road, and making the encampments, were as much " as the trdops could endure.'* i ^i... Connected with the accusation which I have last an- swered, is another which is in substance, that I did not during the march, prepare, and make known, an order of battle. That I prepared and published an order of march is admitted ; a plan of it, which has been proved by several witnesses, is before you. This plan, as ap- pears from the testimony of general Van Rensselear, and other witnesses, is that which was adopted by gene- ral Wayne, in tue expedition which he commanded and marched through the same country. This order of march was in fact an order of battle, or at least, so little change Of the disposition of the troops was ne- cessary, in case of an attack, that it could be made in a moment, and was so obvious that it could never foe mistaken. It is remarkable, that the commanding officers, whose testimony was expected to support this accusation, all say, that they knew how their re- spective corps were to form in case of attack; though, as they say, they never heard of any order of battle. It seems then, that an order of battle was made known, and the accusation must then rest upon the allegation, that the order was not made or published by me. General Cassis testimony on this subject is as follows: " I think, when we arrived near the river Huron, or ^'between that and Swan Creek, the commanding " officers of regiments, under an expectation of an ♦v 'w^ w^ y\ m GENERAL HULL. lU line the Ltlng the B8 much reUstaur I did not I, an order n order of jen proved ilan, as ap- lensaelear, Bdbygene- lommanded This order at least, so ops was ne- Idbe made Bould never sommanding I to support jow their re- ack; though, er of battle, made known, he allegation, shed by me. t is as follow, ver Huron, or commanding ectation of an ^^ attack, applied to the general, and he permitted them *' to form an order of battle. I do not recollect, that " the general assisted in making the order. I think ** the plan originated with colonel Miller. I do not " recollect that the order was afterwards submitted to " general HulK I presume there was an orderly book, "as orders were issued." General Mac Arthur^s testimcmy on this point is as follows : ** On the day we passed the river Raisin our " march was about nine miles, and we encamped near " Swan Greek. Rumours were among the inhabitants " that we should be attacked by Indians, who were ' " assembled at the Huron, about six miles in advance. "' Myself, and colonel Findlay, called on the General, "and stated that some plan of battle ought to be " agreed upon. In the march my regiment was di- " vided ; a battalion marched on each side of the road, " in the rear of colonels Findlay and Cass. I mentioned " to the General, that thus situated, it was impossible " fci me to be with both my battalions, and I wished " to be permitted, in case of attack, to form them in " one line. The General thought it would be well " enough to do so. I suggested the propriety of my " battalions being so formed on the march, in the rear " of the regiments, as that, in case of an attack, I " mi^ht snmg my regiment round, and form the rear " line of a hollow square. The General gave me his " permission to adop| this plan, I then left him, mhether ^'■lUfiUu other €0cers nUh him or not^ I do not knom."" Major Jessup testifies, that I issued orders on the I M i •■'**-.Sfc.l m 119 BEFEKCE OF f i '? " '•■%■ \ ' march; that they were generally sent to him by one of my aide-de-camp; that he Lssembled the adjutant; . and cominunicated to them my orders. He further stated, that the orderly books generally were surrendered, but that captain Mac Opmmick and captain Futleff, who were at^jutants of Mac Arthur and Firdlay's regiments, had preserved theirs. It un- fortuD 'el; liappens, that these books have not been brought on by these gentlemen. Had they been so, it would then have appeared what orders I did issue, and this matter would not have been left to the un- certain recollection of witnesses. As I am accused of having (Hnitted to issue orders, and of having given improper orders, I submit to the Court, whether I had not a right to expect, that the or- derly books, which were in the possession of witnesses, brought forward by the proslBCution, would have been produced; especially as I requested miyor Jessup might be summoned, with a tktces tecuntf to bring be- fore the Court all the official documents in his posses- sion, and the orderly book. But I proceed to exa- mine the testimony in relation to the order of battle. Colonel Miller testifies, " I'hat an order of march . <* was published at Urbana, and was generally known ** to the army ; that the army commonly marched ac- " cording to that order. It was my understanding, *-' says colonel Miller, that in case of an attack in '' front, my regiment was to form the line in front. In ^'case of an attack on the right flank, we were to .-- ff-- # GENERAL HULL. 117 him by- led the (W. He lly were Ick and c Anhur J. Itun- not been been uo, did iBBue, ) the un- \ne ordcw, hiit to the hat the or- 'witnesaes, have been jor JesBiip a bring be- bis posBes- eed to exa- of battle. er of march > ■ally known narched ac- lerstanding, m attack in in front. In ^e were to * form by facing the enemy; and bo in case of an at* ** tack on the left This was a general understanding, *' but I do not recollect to have seen any order to this *' purport, either written or verbal. I understood it " from conversations with general Hull, and I believe " it was so understood by the other officers. The *^ General told me, that the order of march which he " had adopted, was that which bad been pursued by ** general Wayne. I know nothing to the contrary." Colonel Miller adds, *\of the General's having been " almost always, when we were on the march, in a *' situation to direct the movements of the troops. For " the greatest part of the time, the General rode near me *<^ in front. Sometimes he passed to the rear. Gene- ** rally the army encamped in a hollow square. After "we apprehended danger, we commonly formed a " breast-work, and encamped within it. By a general " order, each line was to form in front of its (ents, if " attacked in camp. There was also a general order " for turning out the troops by taps of the drum, pro- " ceeding from head-quarters along the lines. This " method was practised, and the troops were called to **arms every morning, before dawn, by these signals." I believe, Gentlemen, that this 19 the whole of the testimony, on this point, which can be considered as of any importance. It cannot be disputed then, but that there was an ord.ec of battle ; but general Cass's testimony seems intended to leave an impression, that the order did not originate with me, but that it was suggested by my officers, and adopted by them, with I:] 'I 1 i 1 ,1 <' •^ i* ns DEFENCE OF h ' I ■\: my asseii\^, without my having given myself much trouble about it. T cannot but think, that in thit* in- stance there is a display of the spirit with which much of tBBtimony has been given in this cause. It seems to have been determined, that I shall not even share in ihe credit of any thing ihd wor< done that o«j;;ht to have been done. My oflieer* c 'aim every thing that is meritorious) as ti<eirs. General Cass says, Ii<? does not recollect whether I assisted in making the order, or whether it was sub- mitted to me after it wrs maiie. This is one of the instances in which it is extremely uufbrtuHati? for nie, that the recollection of the witnesses entit<*iij^ fails t]iem as to matters of the greatest importance, and Tviikb might be decisive, if in my favour, as to the ; articular accusation; while their memories serve them with remarkable correctness and minuteness, as to circumstances which are unfavourable to me. I hope I may be permitted to <]igres8, so far as to remark another instance of the same unfortunate want of recollection, though it relates to a diflferent point. ' upr' ?n Major Jessup, after having stated, that he came to me in the fort, after the flag was hoisted on the six- teenth of August, adds, ** 1 inquired of the General if " it were possible we were aiout to surrender. The *' General said something about the enemy's force, and '* something about terms, which I do not recollect,'' GENERAL HULL. 119 Miyor JesBup then goes on to state very particular* \y what he said to me, to express his strong aversion to the surrender. I hmfe surely great reason to re- gret, that major Jessup's memory would not enable him to state what I said, when it might have been so important to shew the motives of my conduct, while every thing that he said to me, which was calculated to set his own conduct in the most favourable point of view, made so deep an impression on his mind, that he could undertake to reiate the very expressions h6 had used. But to return to what respects the order of battle. fi General Mac Arthur states, that after, on his sug- gestion, he had settled with me how he was to swing his regiment in case of an attack, '* I then left the *' General ; whether I left the other oflScers with him, " or not, I do not know." It appears then, that this arrangen: mt, about the order of battle, was concluded in thf presence of other officers ; what others, general Mb'j Arthur does not state. ^? Colonel Miller says, he understood, from conversa- tions with me, what was to be the disposition of his corps, in case of an attack. Thus it appears, that colonel Mac Arthur, colonel Cass, coh>nel Findlay, and colonel Miller, all knew what they were to do, if an enemy was to approach us. What foundation is there then for a charge, that t ^n 120 DEFENCE OF ¥r ' IS. no order of battle was made known ? If the subordi- nate officers were not instructed as to their duty, in the event of an attack, was «it not the fault of these commandants of corps and not mine ? Suppose there had been no written order of battle; but that after the order of march, which so nearly approached the order of battle, had been formed, I had explained to the commandants the disposition I intended, in case of an attack; could any man say, I was deficient in duty, because I had not explained my intentions in a writ- ten order ? I believe no one acquainted with military history or practice, will think a general is bound to make an exposure of his plansy in every orderly book in his army. If the witnesses, in whose opinions ' these charges and specifications have been framed, have entertained such erroneous idea^ of the duties of a commander, as this accuention seems to indicate, I hope now, that some of them have attained a rank which may give them the command of aimies, they • will learn, that to give a general publicity in their orderly books to their designs in case of an attack, will be a departure from their duty, and that they may often thereby afford their enemy an opportunity of gaining information, which he ought not to have. As to the order of battle at night, it is proved by the testimony of colonel Miller, that that was settled by a general order, which was made known to all; and when the Court considers what was the nature of our lines of march ; how neariy it approached the only order of battle, which could have been proper. ' .!* . , .^s'^ivti*^- OEKlSlliil) BViL. tH fitiuitfy the o^r of inarch ^Wu mitdelhe order t>f bat- tle; and consiSier alto, that I was alwayii at the head of th<^ timopi while thegr wer6 on the manch, I am p(»rsiiailia'tii6t;dttM^ll thM, th^ id no foundation foVtblfitecilifttieii. IfftliftiK Aottnriglnatedtamaliee, ire^rtaihlf haij Ittlgkio^ftiifie/ Faiii tm^lliiig-tb ^ei^ ifi^ CTduit loikger on a ^flitff^i'whichy iii mfowtk of^liiifni; ii nilBfd^iitly ain- jlWeredf bttt I kno# I ought not to place io much «onfldenc^ in niy own opinion, as not to avail myseir of anything which ^^7 have an influence on the ophifoifte ttf othent. t^iitlBt th^iefo^ advert to other ii»tiiiiOn^, whiJBli I h^i^ti ou^hi (o be cohclusive on this point; I mean ndy lettevt)%the War Department. ThO««i"td vrhi4^ t ill^i refer for This purpose, the CoUrt will fecotleet were riead by ^is Judge A^6^ t;ate. If I had offered theni, they certainly wolildnot have been conclusive evidence in my favour; but when'lhtrbduced oil ttt^ part dr. the prosecution, so far as they establiilli any thing in my favour, they are as good evidence as l^e^' are to prove any thing against me.' It would be a manif*^t violation of jus- tice, if this sort of tebtimcny should be resorted to for my crimination, and t should not he permitted to avail myi^lf of it, so fkr as it might serve for my exculpation. It is a general rule, which applies to the administration of justice in all courts, Ibfit wterever « document is reail^by one side, the whole of it be- comes evidence, of which either party niay avail 142 <W(*»»W«»* ■»S3»<^.*i 122 DEPENCB W himseir. I beg leave to Ifefnind (he Court thtt tMl rule has been acknowledged b^ the JvAge Advocate. The Court will recollect, that .la the ednneorthe examination of captain Fuller, tn^jor Parker objected totakedovrii hit Wveir tb>''iqii««tie^ which I put to the witness, as beting nnnedlBiss&rjr, because the fa<it as to which I interrogated hiln, was ^suflteientiy proved by my letters to the Beciiettl^ tttWiir. In my letter, dated SoIom(tti*s Town, 'eighte^t& June, eighteen hundred and twelve, I say/ **My dr^ *'der of march is in two dotomns, witli strong front ** and rear gnurdi ; the cctlaniiis flanked by the rifle- ** men and cavaliy, where' the gi^mid wHl KdlMltl the ** baggi^e, provisions, &c. b[^<ien tike dOlttmits; The "army has been practised from the tiro' colujdiijts to <* form two likies, either in front, i^t*, of i^r either " flank, or toibrm a square fodng outwwd. My order ** of encampment at night is a s^uhir^rfacfaig outward *'with all the baggage in the t^Utrtf^a^^.*' # My letters of the twenty-foiirth June, ei^teen hundred and twelve, from near Blanchard*s 'Cl«ek, enclosed to the Secretary at W&t the ordi^r Of march which has been given in evidence. Among the manuscript iiotes subjoined fo that order, is one ifi the following words : " The (iblumns are in a situatioh to ** form two lines in front, rear, or on either flank, or to "form a square." ' '' ■^^^u.*.#--^«^^>'A... ,-., n After these observations, I cannot but be satisfied, that the Court will th^ik that there was no ground 5,- Ji9*tia^"*' GENERAL HULL. 1^3 for charging me with neglectii.^ to discipline and re- view my troops, or omitting to j^repare and make linown an order of battle. Tlie next accusations tliat I shall consider are, th^ I neglected to repair and put in order the cannon at Detroit ; and to put the place in a state of defence : — that I did not seasonably repair, and put in a state of service, the artillery necessary for the operations in Canada; and that 1 did not transport tliem to the enemy's shore, so soon as I ought to have done. I have already had occasion incidentally to notice thete accusations, and I shall give no further answer to them than to refer the Court to the testimony of captain Dallaba. He states, that when I arrived at Detroit, " the fort was generally in good order, and ** in a good state of repair." On his cross-examina- tion, captain Dallaba says, " the fort was in the state " of defence I liave described, except as to some im- " material matters, on the fourth day of July, before "lh6 arrival of the army. Afterwards, something '' was done with the ordnance stcnres, and mounting ^Hhe cannon; but every ihhfig designed for the de- " fence of the fort exclusively, was completed on the ". fourth of July. After the generars arrival at De- *' troit, industry and exertions were used to put in " order .the field pieces and heavy artillery for the <' siege of Maiden. This was done (says the witness) **■ under my superintendance, and by order of gener$iii <• Hull." # 124 DEFENCE OF Tbii wltneM \va8 examined on the m .> tk al Fe- bniaiy : four days aftenvards, on the twelflh, he i»agBin called, by the Judge Advocate, and then he testifies u follows, V I have before slated, that no altenitions ^nad been made subsequently to the fourth of July, ** for defence of the fort. If: '.■ " Some few artificers, immediately after the arrival " of general Hull, went to work to repair and mount ** some heavy cannon on trueks, to be placed in the " batteries on the banks of ^ liver. And some re* " pairs were made to three bnSs field pieces, and a " small quantity of ammunition was fixed for them. '* But iio order was received, to my knowledge, to " prepare the heavy field artillery, till after the army "went to Canada. I have the order, and think it " was dated on the fifteenth or sixteenth of July.'* I hftve already made some remarks on this test]* mony, and stated, that the onler was in fact given on the fourteenth of July. Till that time, the artificers hadJieen otherwise employed. I will remind the Court here of the otgectiqn I offered, and which was overruled by the>^Coiirt, to this mode of re-examining a witness. If to examine the witnesses in the pre- sence of each other be a dqiarture from the usages of Corurts Maitial, it is- certainly a much wider and more important deviation from that usage, to call up a wit- ness, and to allow him to make important alterations in his testimony, after he has been listening for days \o the testimony of other witnesses. ] now mork GENERAL HULL. 125 ,neii»agatn lie testifies alterations til of July, this irregularity, ai I eonceive it to be, for the lake of presenting it, as ivell as the ftwt of all the witnesses having been, pursuant to a determination of this Court, examined in the presence of each other, to the attention of the Jiigh officer, who has authority to review these proceedings. : the arrival r and mount need in the Lpd some re> ieces, and a ;d for them, lowledge, to ter the army and think it of July.'* Colonel Miller testifies, that he "discovered no '' want of exertion in respect to preparing the heavy '' and lighted rid artilleiy, after the amy arrived at "Detroit." General Taylor says, " I believe no time was lost <>' ia prepanilonB. Timber and some large wheels were "got out." Again, the same witness says, that he visited the artificers every day, to hurry the preparations, with orders from general Hull ; " and I mu«t say, (adds the *' witness) that general Hull shewed great anxiety in " getting the artillery ready." I pray leave t6. make one remark on this language of general Taylor's, which I am aware may have the appearance of being hypercritical ; but I beg the in- dulgence of the Court, till I have explained my rea- sons for noticing a circumstance apparently trivial. Why should general Taylor preface his testimony of this fact in my favour, with the phrase, " I must say ?" It seems as if to state any circumstance favourable to me was the result of a compulsion, to which his mind 12* 46 *V U9 DEFENCE OF unwillingly submitted. In this instance, he speaks like apftiUent, whose conscience obliges him to make the acknowledgment of a foct, which his inclination would prompt him to conceaL I had a right to exp4>ct, th^t when the witnesses could testify any thing in my favour, tiiey would qieak in the same unreserved language, which they used, when they intended to expose my misconduct s- >, h- I lytr- Upon most occasions, observations 0D circum- stances apparently so light, m^ht not be proper or necessary. But, Gentlemen, I beg you to recollect, that the witnesses have undertaken to interpret my lookst And have ventured to infer from my<9«urUenance, from my appearance and manner, what was passing .in my mind, and hy what motives I was actuated. They have not hesitated to express opinions derived from no other indications, when they knew, that these opinions might affect my honour and my life, tf cannot be improper then, that I should ask you to remark even the slightest expression of a witness, which" I may think will betray the dispositioa with which he testifies. It is with reluctance that I at- tempt to impeach the testimony of any witness who has been called against*me. I have been taught to iienerate a soldier from my infancy. I know that the profession of arms generally adds histre to the most noble virtues. But I know that men do not change their natures by becoming soldiers, nor by attaining the most elevated rank. And when they ean rec(mcil« to themselves to accuse me of coward .it*- GENERAL HULL. 127 ice, from appearances bo fallacious, surely I may re-^ mark, that expressions they have used indicate bias, partiality, or prejudice. |f Without detaining the Court with a particular re-^ capitulation of more of the evidence on this point, I shall content myself with referring it to the very important and decisive testimony of captain Dyson, to the testimony of captain Bacon, and finally to the testimony of Mi Watson; who says, that after my arrival at Detroit, no man could have been more in- dustrious and indefatigable than I was. I proceed to a v. jv subject, and shall now make my defence against the accusation, which is in sub- stance ; that I did not avail myself of the opportu- nity, which the defeat of the enemy by colonels Casr and Miller, and their possession of the bridge over the river Aux Canards, on the eighteenth of July af- forded of making an attempt on Maiden ; and that I did not maintain possession of the bridge. This forms the sixth specification under the chaise of un^ officer-like conduct. -The exposition I have already presented of my views and designs when I crossed to Canada, would, 1 humbly conceive, afford a sufficient answer to these accusations. I did not think it expedient to attack Maiden, under any circumstances, which existed previous to our leaving Canada. Why I thought it inexpedient I have already explained. The advAa- i1 i l(. m m i 128 DEFENCE OF \w tages which I thought were tQ be gained by delay ; a regard which my orders compelled me to pay to the security of my own posts ; the necessity of keeping open my communication ; the certain consequences of defeat, and the probable consequences of victory, have all been considered, in making my defence against the charge of undue delay in Canada. If I was justifiable, or even excusable, in deferring the at- tack on Maiden, I must be so in having omitted to avail myself of the possession of the bridge, and in not having attempted to maintain it. It wt>uld have been absurd to have attempted to maintain a post so far in a Ivance, unless it was with a view to an im- mediate movement on Maiden. But I beg the Court to advert to the date of this transaction. It was not on the eighteenth of July, as mentioned in the speci- fication, but on the seventeenth, as appears by my letter to colonel Cass. This was the fifth day after we moved into Canada. At that time, the deliberations of my officers in Canada had uniformly resulted in the expression of an opinion, that the attempt on the enemy's fortress should be deferred, till the artillery was prepared; and it was immediately aft'er the council at Sandwich, in which colonel Cass himself, as appears by the testimony of judge Witherill, had advised that the attack on Maiden should not be made without cannon. My views in sending this detachment, or rather in permitting general Cass to march it, appear from his testimony. 1 meant it as a reconnoitring party, and !l^f> m # • .-». GENERAL HULL. 129 by no means intended that the commanding officer should pursue measureis which might expose the de- tachment to be sacrificed, or oblige me to abandon the system I had adopted, by leading my whole army to its support. Colonel Cass testifies, that . a day or two after colonel Mac Arthur was detached to the river Trench, he (colonel Cass,) requested me to permit him to reconnoitre the ground between Sandwich and Maiden ; that I did permit.it, and a detachment of two hundred and eighty men were ordered for that service. General Taylor states, that hfi was present when news arrived that colonel Cass had taken the Aux Canards bridge. " That I expressed my astonishment, *' that colonel Cass should have commenced hostilities, *' as I was not ready with the artillery ; that I appeared " to be irritated, because colonel Cass had taken upon ** himself to act, without my authority : the detach- " ment having only been sent out for observation." r It cannot be doubted, but that general Cass knew my views, and the objects of his detachment. How far he was justifiable, in pursuing measures &o con- trary to them, not only in making an atiack, ,, ich might have forced me to a general and decisive action for his support, but after my verbal orders to retire, persisting to maintain his situation, till ^c tried the effect of a written remonstrance to me, it is unneces- sary now to consider. I do now believe, that the whole of this proceeding was a wonoeuvrc, to afibrd S\ y 1^ DEFENCE OF ^•' / 'W. \ ' Fiv' ; it ri 1 ' grounds for new clamours against me, and weaken my authority. My officers, long before they bad ma- tured their conspiracy to wrest the command •from me by actual violence to my person, had formed a plan, of whir.h I firmly believe this was a part, to place me in such situations as would oblige me to be obedient to their schemes. If any thing successful was done, they would claim all the merit. In case of disaster, the blame could easily be thrown on the commanding general. If I had led the army to the Canards, which probably I must have done to have maintained the bridge, instead of its being alleged against rae as a crime, that I did not do so, do you not believe. Gentlemen, in case we had been defeated, I should have been charged with misconduct, in hav- ing acted in opposition to the advice of all the coun- cil, not to move on Maiden without artillery ? And when it is considered, that colonel Mac Arthur was absent with a large detachmr nt ; that I had received no intelligence from him ; tla . I was under great un- easiness on his account, I do think tb^t if I had left him in my rear, and with only a part of my army had taken ground, which might have been the field of a general action with the enemy's whole force, which was then either in respect to its regulars, militia, or savages, unascertained, and at that time but incon- siderably weakened by desertion, I should have been highly culpable. !,: i -i -^ Colonel Miller's account of this transaction is as follows : '' in answer to a message sent to general Hulj^ '^ GENERAL HULL. 131 <' he sent us an order to return. The purport of his " message was, that he could not soon be rei\dy for " the attack on Maiden, and could not think of divid- " ing the army. We then wrote to him and pressed ^'in strong terms the necessity of maintaining the " bridge, in answer to which he sent a written di«- " cretionary order to us, expressing his anxiety about " general Mac Arthur, &c." This order has been proved. It is in the following words : Sandwich, July 17, 1812. Sir, I have received your letter of this raom- ing. To my astonishment I have received not the least infoFmafion from Mac Arthur. It is possible something unpleasant has taken place. It will pro- bably be a week before the cannon will be mounted. I am sensible of the advantt^s of holding the bridge. I would not, however, hazard too much for the pur- pose. The enemy may pass the ford above, and come in the rear. I will, however, leave it to your discretion, and colonel Miller's, under all the circum- stances of the case to do that which you judge most expedient. Twelve miles is a great distance, and the enemy can either land in boats above the mouth of the river, or pass at the ford to attack you. You know the ground better than I do, and as I before observed, I will leave the measure and the force td 1 'I I 1 ! . * ' 'ni 132 DEFENCE OF f your discretion and colonel Miller's, and the best mode of security to the party. I am very respectfully, your most obedient servant. William Hull, firigadier Ocneml, commanding. Colonel Cass. Colonel Miller further testifies, that, " upon the re- '' ceipt of this letter, the officers were called together, " and it was decided, that unleiss the bridge, being '' twelve or fourteen miles from our camp, and only " four or five from the enemy, could be supported by " our whole force, we had better return ; aud that «f 'We " had not the disposition of the whole force, which " was thought necessary, we ought nof "t6~ take' the *' responsibility." This testimony, I think, developes tod plahily to be misunderstood, the design of these proceedings. 1 was to be compelled to abandon my own [iUins, and to adopt those of my officers. I was to be cofripelled to lead my whole force in a manner under th« walls of.Malden, without being provided with artillery, and I was urged to do this, by4he commandant of the de- tachment, who but a day or two previously had giveh a decisive opinion, in council, that the attack oa MaViien sf'^uld not be made till the ordnance was prepared. .^; i -1 GENERAL HULL. 133 il the best ervant. upon tii« fi- lled together, >ridge, being (ip, and only supported by ludlbatiiC^e fbroe, wMch iftb take *he too plaittly to » proceedings, iwn plilna, and ► be cooapelled nder the walls a artillery, and dant of the de- UBly had given the attack on ordnance waf» . But when it was found, that my order left the offi- 4cers oi the detachment a discretion, and that if an attempt to maintain the bridge should be attended urith any disaster, the officers must share the respon- sibility, then there was no doubt as to the measures to be pursued. It would have disappointed the whole design if I should escape any part of the odium. But however this affair of the bridge has been magnified, it is a fact, that the possession of that pass by the enemy never was contemplated as an obstacle to a movement on Maiden. They, in truth, never •attempted to maintain possession of it. Colonel Cass's rentibntre was only with a reconnoitring party. According to the testimony of, colonel Si^pr, they saw no more than fifty of the enemy. He says they had about twenty five men on the bridge, and about twenty five on our-side, and that some men were dis- covered in the wotfi After this, there were, as ap- peurafrom the testimony of colonel Cass, repeated de- tachments sent from Sandwich to the bridge. They always found it unoccupied by the enemy. It could then have been no object to have moved the army to that post, until the attack on Maiden was determined upcMi. It is curious to observe, what trivial and. irrelevant circumstances ingenuity ca.it bring together to create false appearances. Some of the gentlemen, who were prisoners with the enemy at the time of this transaction, have been produced to testify, that when 13 » r *» n %i *!&.., 134 DEFENCE OF \!i <*- accounts reached Amhentburgh that our detachment . had appeared in the Aux Canardt, it created great consternation ; and it was intended that it should be believed, th&t the enemy were ready to abandon their post at our approach. But it turns out, upon further explanation from witnesses of the same description, that the disposition to fly was only manifested by the town's people, who thought it unnecessary to expose their persons and effects in a place which was likely to be invested. This, so far from being evidence of au intention to yield the place witliout contest, is not an unfrequent measure when the most obstinate re- sistance is intended. «' ' In nllNetter to the Secretary at War of the nine- teenth of July, I mention the affair at the Aux Ca- nard bridge, and say, great credit is due to colonel Cass and his detachment. For firmness, to colonel Cass and the other volunteers, i^j||pn supported by the proportion of regulars, which wec^ with them in this first encountre with any enemy, I did think credit was due, both to men and officers. — ^But when I wrote that letter, I had not the same view of the designs formed against me which subsequent circumstances have expressed. I did not then see, that a plan which has been so successful, was settled to make my destruction a merit, which was to give another my place, and some of his occomplices, rank and fortune. T I am charged with unofficer-like conduct in suffer- ing my communication with the river Raisin to be GENERAL HULL. 135 cut off. This imputation is among the last tliat I •X" pected to find in the catalogue of my accusations. If it had been intended to shew, tliat nothing that^I did, or intended to. do, could escape censure, this spe- cification would afford strong evidence of such a dis? position. Fcur the means that I toolc to open this communication are also made the sulyects of accusa- tion. The detachment under colonel Van Horn, the retreat from Canada, the detachment under co- lonel Miller, and under colonels Mac Arthur Mid Casi^filthough they were all measures which were dictated by the strong necessity, which I saw and felt, to keep open the communication in question, are all set down as instances of misconduct. But I would ask those, at whose instigation these charges have been made, what measures I should have pur^ sued to have effected this olgect ? It must be remem- bered, that it was utterly in vain to have opened the communication to the river Raisin only. No sup- plies could come from thence that were not drawn from the western states. I must therefore have pro- tected the road all the way from Ohio. Was this to have been done by stretching back so great a dis- tance with a sufficient force? If so, my whole army would have been insufficient for the purpose. The two hundred men I sent under major Van Horn my two senior officers thought insufficient. In their opinion, i^nght to have detached, for this duty, one of their regiments. Colonel Miller, after he had de- feated the enemy, had more than five hundred men left, and was within fourteen miles of his destination. 1 m wfT y . ISO DBFENCE OP He thought it necessary to send back to me Cur a re- jnrorcement of one hundred and fifty, or two hundred, Ik fore he could pixweed, althoi^h be knew that at the river Raisin' he was to be joined, tnH. -would be strengthened in bis march back, by \\^^ detachment under captain Brush, -which bad escorted the provi- sions \a the river Raisin. If ^ great a numtyr of men was requisite merely to force a paoMge to the river Raisin and back, how great a portion of my army would have been necessary to keep open the road to Ohio, <Mr even that portion of it wbici|!waB between Detroit and the river Raisin ? I think it must appear to the Court, that I could not have kept open this extensive line of communi- cation, without distributing my whole army along the road ; and yet, according to the inferences to be drawn from the chaises and specifications, I was criminal in not carrying fm an offensive war in Canada, and in not performing, at the same time, another service, which would have required all my troops. # That this communication ought to have been kept open is most certain, I cUd expect it would have been. I did suppose that a force would have been sent after me, adequate not only to this purpose, but to augment my army. The grounds I had for these expectations will appear from documents, which are %eft>re the Court, to some of which I have already adverted. ' It is alleged, that I was guilty of misconduct in sending the detachment under mtyor Van Horn, be- •'> ■•^~. GENERAL BULL. 137 oauseit was inadequate to the purpose for which it wai intended. The proof of the inadequacy, I presume) i«, that it was defeated. It appears, however, that it was not owing to want of numbers that this defHit happened. According to major Van Horn's own ac- count, the party that attaclted him, lie judged from the fire, was from one hundred and fifty to two hun- dred. Tliis was conjecture, for more than forty sav- ages were not seen. But these volunteers, the same patriotic men who are said to have v > bitterly because they were not allowed to * Detroit, fled in the first moments of an attack, utmost disorder and precipitation. Had m t. ^n the case tlmietachment wa« sufficient, li it had fought the eaemy, there can be no doubt but it would have made its way good to the river Raisin, where it would have been^ joined by a large detachment under cap- tain Brush. If the detachment had been ever so large, it would have been insufficient, if the men be- haved no better than those m^jor Van Horn com- manded did upon this occasion. But, Sir, the true foundation for this charge is, that I did not think pro- per to be obedient to the advice of ray two senior officers. It was placed in this black catalogue, solely for the purpose of giving them an opportunity of pro- claiming to the world their own superiour si^city and judgment. It was to give them an opportunity to prove by their own testimony, that whatever I did was wrong, and that whatever they advised would have been right. 13* H'^ s^. o *^*>. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 1.25 12.5 m """ ^" >tt Ui 12.2 2.0 ■It m u KO — lis — 6" s '•^ / 7 PholDgrajdiic Sdenoes CarporatiQn 4^ ^Jk <> ^. 33 MIST MAIN STRHT VinnSTII,N.Y. I4SM (716)l7a-4503 A, ^ ^\ I3g Bfif'BKCl! OF Bat possibljr I ought to have tuifered flie advice o^ these oflcen upon this oeeatioii to have had nuMfe it^lht. I should have rdlected, that they had the bOTI eppOTtunlty of Idiowk^ the eharacter of their 6Wii tnx^ and inight have anttcipated their ^ame- fnl cfmductf but Uim I ttink, I have reason to o<mb«' plain, tiiat eolmiels Cais and Mac Arthur vnn not at this time as eandid, as they were -when it' was pro^ posed to attempt Maiden oy assault, and^iat Ihey did not tell me, as tiiey ^d then, that they eoidd notbe responilble ftw iheir men* If they had tcrfd r^e tiiis, I might have thought it rig^ to increase the force of the detachment, and to have added to it some regu^ laMM whose prssenee might, as if did at the^^ix Ca- nards, have enooun^ed the volunleers to ha v a< kc ed the enemy, w ndide them more afraid tft^ wvtt tmt^ than tofight*-^ ^'■'*-<^'-'' ■ ' ■ .■■v-.v-.^r^; >,..^ -vi The sext aoeusatiAa is cne, that caa only have been set down to switi the list c^ offieinces imputed to me; for it is without any manner of foundatikm. It eharges me witii unofBceMike eonduet^ in having det»BhedcdloiM Miller on the eighth of August, and not having iuppHed him with provisions^ whm he was uo^ Browastowtt* WtHm Bir, I feel myse'f bound to aclnowl^agfe ih# liberality with which I have been treated hy ^b^ Jd^ Advocate, tit the course of this trial, and the delicacy with which he has in general teflrained fren repeating the odious epithets, which are so prafiucly GENERAL HULL. ISO and w/tkanAj UMd in the tpedlleatioiis, I cannot bat regret, that he has, in respect to thiicliarge, departed from his general observance ; and that be should, upon Bach evidence as was before him, have thought him- self Juslifiabie in impntiog to my misconduct, on this occasion, an useless waste of Anuneon hUod, Sir, the American blood fliat uras spilled in the contest at Brownstoivn was glOfkfMty' shod. U purchased a victory- that did honour to Our ums. True, it was ineffiectually sheA— but to lay the feikire of the enter> prise to me, and to reproach me with this waste of blood, is as ai\iast as it is inbonan. I do not midferstand, l^t I am suiHpoBed to hare done wrong in sentKng ^ detachment; or in not making it of gteater force. "By the testiniMij of ccAonel BIfliM it appears, that he iharched with s^ hmidred men, instead of ive hundred, as is mentioned ita the specification. But the misconduct imputed to me is, «w I understand^ solely, that I omitted to sup> ply toloart Milter wtHi uroviirfons after Ae battie at Browastown. With respect to the want of proviskNn, It appears, that the detaohlH«nt was amply provided When it left Detrdt. The maith tiiey vrere to per* ftMn, was iibont thirty miles; and eolonel Millar states, flj^ they were furnished with a supply for two days wh(^ th^ set dnt But he says, fiiat tiie pro* visions were^rolm away with the men's knapsacto Tfhen they Were attacked, and though he represent the enemy td hUve beeii entirely beaten, and so fiir driven from off %is toot, tiiat captito Maxwell went ''tA 140 DEFENCE OF S^' B'l from him to Browiutown and back, and M^Mrted* that the enemy were all gone; and though colonel Miller states, that he returned to the battle ground with hb whole force, and was, in fact, undisturbed on that ground nearly two days, jwthe says in his cross- examination, that the provisions were not recovered, because he could not suffer his men to separate to take them up. I cannot conceive what necessity ttiere could have been for his men's separating. It appears to me, that he would only have had to march bis whole detachment over the ground where tiie at- tack was made, and the provisions might have been recovered with as much security to the detachment, as when they were remaining inactive in- the position to which they had retrograded. C<rionet Miller, in Ms account of this transaction, Btate», that he considered that his victory 'opened the communication to the river Raisin sufficiently for him to have proceeded— that on the evening of the day <m whidi ^e battle was fought, that is, the nkith, he senfmiuor Snelling to make a repcnrt to me, to infonm me <tf the loss .of the provisions, and to request, that J would send boats or waggirais with provisions, and to take liack tile wounded. He was also to reijpiest a reinforcement for '^iller, on his cross-ex- uld be from one hun- dred and fifty to two li'jndroA men. Coh^el Miller also states, thbt colonel Mac Arthur came down the 'wxt morning (that is an the tenth) with eight or nine boats, and brought with him no mwe than tvN>.harrels of flour, one barrel of pork, and half a baml of whiskey j*^ colonel Miller, which colonr amination says, he suggesteo GENERAL HULL. 141 that the place where the battle was fought wa» about fourteen miles from Detroit, and sixteen to the river Raisin, between M(\guago and Brownstown ; it bdng late in the day before the wounded men coidd be got on board the boats, he knew that he could not get through before the next night, (that is the eleventh) moving as cautiously as they ought to do ; — ^that the men still compiaining of hunger, he concluded that he could send to Detroit that evening, (that is the tenth) and have provisions the next morning; — ^that he accordingly sent an express to me on the evening of Uie tenth, requesting that I would send him two day's provisions;— that no messenger from me came to him till sun down the next day, (that is the eleventh) that the messenger informed him, he had been detained by losing his way;— -that tUs messenger brought him an order from me to return to Detroit, and informed him that he would find provisions at the river<Ecc»ce; — ^that oa the same evening he took up his march for Detroit, andurived there the next day, (the tiivUih^that hi ! force was two hundred and eighty regulars, afid tiiree hundred and twenty militia, 8(»ne of the Michigan B^Htia, and some of the Detroit hwse;— that the militia behaved well;— that his loss was seventeen killed, and sixty<foiU' wounded. 8ir, it has always appeared to me most unaccirant- aUe, tl^t C(4onel Miller, after he had disposed of his wounded men on tt» tenth, and when, according to his own tesj^thony, he considered that his victory had opened hisfwrnmuaicatidii^l^ the river Raisin, did not -.4.t,.\ 4# *■ -i^^ t'^'Jf 142 DEFENCE OF m\ proceed. He had but sixteen milei to inarch. He re- mained in the position he liad taken from the even- ing of the tenth, when he had embarked his wounded il|en, till the. evening of the eleventh, that it twenty- four hours, when he might have accomplished his mareh, as I should think, in four or five hours. At the end of it he was sure not only to meet the provisions he was sent tq escort, but a strong reinftwcement from the detachment undcfr captain Brush. He says, how- ever, that on the evening of the tenth, he determined to halt when he was, and to wait the return (tf an ex- {NresB from me, bectuse he should be obliged to move with so much caution ; that he knew he could not get through until the next night — a very extraordinary caution indeed must have been necessary, that could have retarded for so long a time the mareh of a body of troops for sixteen miles, through a space, which it had been ascertained by the report of ci^tain Maxwell, was, as far as Brownstown at least, free from an ene- my. But if the want of provisions was a reason for not proceeding to the river Raisin, w||r did not colo- nel Miller push on to Brownsiown-^there was an In- dian settlement, which, without doubt, was at least capable of supplying his immediate wants, and from which he could not have been distant but a veiy few miles. If there he could have got but one meal titt his troc^, it does appear to me, that there would not have been any great enterprise in undertaking the rest of the mareh, which might have been twelve or fourteen miles, without any further provisions. It did appear to me not less extraordinary, that ikhen colonel •-'■='^*w»^l'1iyj« ?!WW»WMiWt ' i '» « i iWiiwi » . . GENERAL HI^LL, 143 Uilier advised me when ho had gained so dedsive a vict(H7 that lie considered hb road to the river Raisin as opened, and he had ascertained that there was no enemy between him and Brownstown, that he should, at the same time, have made a demand on me for a reinforcement of one hmidred and fifty or two hundred men — ^when, after his battle, he had five hundred and twenty effective men, two hundred and eighty of whom were of his own regiment, and were almost the whole force of that description which I had under my command. Let me here remark, if so great a force, that is to say, between seven and eight hundred men, were necessary, to force their way to the river Raisin, what pn^rtion of my troops must have been necessary, not only to keep open the com- munication for that distance, but to guard the line all the way to the state lliiphio ? But it is hot my busiilBB to examine the conduct of colonel Miller, further than to shew, that when I despatched him with so large a detachment, with ra- tions for two days, I had made every provision which I had any reason to think his exigencies would re- quire. ,5. '--^M When, how ver, I received his demand for provi- sions, I tdok eveiy measure that the duty of my sta« tion required to supply him. Cdofkel Mac Arthur was charged w[ith this service, and I beg to present to the Court his account of the manner in which he performed it. m :m ,.r— V>4L' n N 144 • DEFENCE OV " Oa the i|ay we CMMued from Canada," say* eolo- nel Mae Arthur, (that U the eighth of August,) «* Colo- ^ nel Miller was sent with a detachment for the pur- ** pose, as waa stated, of opening a communication ** with the river Raisin. The night succeeding colo- ** nel Miller^s battle at Maguago, (pertu^ps the ninth,) **- the General sent for me— the night was wet; he in- " formed me of the battle, and directed me to take one ** hundred of my regiment, to take the boats al<»ig " the river, and to descend to c<4onel Miller^s en- "'Campment, for the purpose of brinf^g up the wound- ** ed men. He directed me to get one day*s provision *' foi cdk>nel Miller's detachment. I called at the ** commissary's and was detained three or four hours in getting it— I got what I could.'* «t It has been my misfortunlipt Sir, that I have not been able to obtain the testimony .of Mr. Beard, the commissary. He has be^ regidariy summoned by the Judge Advocate, at my lyquest; and I have se- veral times written to him» but he has not made his appearance. The Judge Advocate, however, with hu woht«ld candour, has admitted a document which in somemeasure supplies his testimony. It is an order which I issued to the contractor on the ninth oS Au- gust, fw delivering rations to colonel Mae Arthur for <ioIonel Miller's detachment The receipt of which order is acknowledged by the contractor, or a Cf^y thereof, which is in the following words : ^ % " The contractor will issue six [hundred rations '" of bread or flour, six hundred rations of poric, and ,HS1,. '-■4^ iwW 4- *• QE)7ERA1. HI7LL. 145 ** twelve hundred ratioin of whbkey, to be lent to the "detachment onder the command of lieutenant goU>> *'nel Miller. " By order of brigadier general Hull, " H. H. Hickman, Ati|pMt9th,lSU. " Captain, Infimtry." " (cOaRECT COPY.) "D. Beard.'* Now, Sir, it appears that general Mac Arthur knew, that one purpose of sending him to colonel Miller's detachment was to cany provisions. He says, I di- rected jiim to take one day*s provisions for colonel Miller's men; that he was detained by the contractor three or four hours, and took what he could get. ^ And it appears that he arrived at colonel Miller's encamp- ment with only two barrels of flour, one barrel of poik, and half a barrel of whiskey. When I had given the order to colonel Mac Arthur, to take the provisions; when I had issued the order to the proper o$cer to issue them to him, had I not done every thing diat was incumbent on me, as commanding officer?. Was it my duly to go to the commissary's store, and to superintend the issues? If colonel Mac Arthur found the commissaiy disobedient to my order, and unduly detaining him, why did he not report to me ? How will colonel Mac Arthur excuse his having departed on this service, without having with him the quantity c^ provisions I had ordered ? Is it sufficient forJiimtosayt that he took what he could g^t? If 14 »^!».^'^(r?V'^~-» p-^ •-^^^ i; •/ 146 DiSPlSMOE OF there wai any defleiencj he ought to have informed me of it; he eooM have had communication with me in five minutei. If want of provisions was the rea* son why the AnMrican blood that was spilled at the battle of ^ Brownstown was ahed in vain, I again ask, was it not mostoi^ust to charge that waste to me ? ¥■'■■' On the tenth of August, I issued another order for provisions for colonel Miller's detachment Thirhas also been read,, and is in the fc^owing words : ** Detroit, August loth, 1812. '*The extractor wiU issue, for colonel Miller*s de- <* tacbment, two thousand complete rations. « A. P. Hull, These provisions were sent by the contractor to colonel Miller's detachment Colonel Miller met them on his return, and brought them back with him. An accusation of the same juiture with that which I last considered, is, that I also oinitted to supply with psovisions the detachment whiclhleft iletioit on the fourteenth of August, under colonels ||ae Arthur and Cass. General Mac Arthujr's testimony On this sub- ject is as follows : That on the fourteenth of Au- gust, atkwt noon, as. he thought, I sent for him, and informed him, that I had just received intelligence from captain Brush, that he had arrived at the river Raisin with provisions, and aaid, I wished to send out a detachment to meet him* That he replied, he ■'^»*^6^» ^ rVX; OfiNERAU HULL. 141 ■^■ WM TMuly to obey my order. OoliDel Cass jiAid the same thtiig.* That they (th# #lllien and eoloBel Cass) then retnfned to camp, and ahortly after receir- ed an ovdet to detach one bundled and ftfly men from each of their cqiiments. That in tiie evenhig I eamo along, and airicedir they were realty to marcfar. The witness answered, that they were not, but aa usua} had not a bite* of any thing to eat ' That I said the de- tachment must not be delayed, and. I would send provisions after them. The witness (hen give* an account of the proceedings of the detachment till lU return to DetM>it,and states, that they never received any provisions firom the fort. I canltot but think, that thb account of geneial Mae Arthur's conduct, thou^ given by himself, will excite the sui^prise of the Court. He was ordered to march a detachment at about twelve o*clook. He does not move till evening, and I thte find that he has not obeyed the order. He gives me to undcntand tbtkt he has been waiting for provlsioosi irihel^was noerderfiori[»rovisiQna»wby did he not apply to me on thesnl^eet? But theiewae one, and I think genend Blae Arthur^s testimony ■hews it '4'-' I :M When he sees me, he does not Complain ol the want of an order, but %t he cannot get the provi- sions. If there was a^^iderj^iid the proper oiBcer did not obey it, why wariet the disobedience report-' 148 DEFKVCE or rf » ed.to nip ? Iwteitt of pOnuliig id obrkm a eowie, cokMMl, Mte Artlnir c6om nther to reiMin in hit ounp ftve or six hours, and if I had not aceldOntaHy met with hini, Imw much longer he w oald Iwve eon- •Idered hb delay warranted by the tame came, it is impoiilble to say. It does appear to me» that thto •onduet of»general Mae Arthur is veiy unacconnta- bte. Peihaps he had no inettnati<m for the service he had Iwen ordered to perffHrm, or it may be, he thought, that by the delay, or liy going without pro- visions, he lAiouId bring blame on me. The beha- viour of general Mac Arthur upon these two occar slons, that is to say, in respect to the provisiona vlflMt he was to take for colonel Miller, and in re- spect to provisions for his own detachment, it appears to me, manifests very strcmgly that there was some hidden motive for his conduct. And in tiiia last in- stance! there Is a mystery, which I am sure is not ax- plained by any thing he has said. It never can be believed that he waited so^manyJiours, solely for the purpose of obtaining an^ order for provbions, <n> tf he had vt order, that his delay was merely for the pur^ pose of having- it executed, irhft wily oiyaci had been to procure provisions, the means of doing so, by an application to me, were so obvious tod (ttveet, that he could not have hesitated to pursue it. But if the Court will recollect that at this time the conspiracy had been formed to take the command finom me, and that general Gass* in Ms letter to the government^haa stat^i that the execution of it was only prevented by his and general Mac Arthur's -having been, sent otk .■:V GBKBRAL HULL. 140 this detachment, it may Mcoiuit (br the eondnet of these DAcen. l^he delay ^vas pmalbly to mtare their pl4>t, and to put it in practice. ^ If general Mae Arthur wtn on hb trial for mbeml- dnet in relation to these transactions, I am perMUiried that hie testfanOny ought rather to conviet him than me* But I did take measures for sopplyhig the detaell* ment witti the necessary provisions. My information from eaptahi Brush was, that he \ronld be on hii mareh wltb the provisions under his escort, with the expeotation of meeting a detachment from Detroit for his support* It appeared to me, that not. a mmneiy; ought to be lost, in sending a force to meet him ; and when I found tiiat general Mac Arthur had delayed to exe^ cnte my orders fbr so many hoars, I determined that the departure of the detachment shoOld not be longer postponed. Tthersfare drderM It to march, and d»> terminedio sent pUDfVilipiiB- after It on pack horses. I Immedlatoly gavtf tJM neeessairy orders to tfaeaoUng Commlssiay dehe^ifer that ptirpose. This la proved by the testhn0By»df general Taylor. He says that on the fourteenth qf August, I did give him an Older to Ihffhish pack hoiikes' to oany provisions for the detachment going to the river Raisfai, under oMcmels Mae Arthur- and Cass* That he did not know wbofher the protMoos were sent* but that pack 14* r Sa iff -,. !;,.,''».,, ■,*..l'v~S '■"*^fSl., V... 150 l)^EN€£ OF hones were funiished for fhe parpose, and 1m pnv somes tile provisions were sent. Tlmtl gave all tlie necessary orders for sending them is certain, and if my orders' were not complied with, I do not think I am the person, that ought to be called to an- swer for it. It never can be expected, that a eom- inainding officer Should not only give erden> bat lihould attend to the execution df the details. There was, as- Mr. Watson has testified, a want of system in every department of the army, which it was impossible for me to remedy, because the heads nS them were tbtally inexperienced* Howeverr the fact is, that the provisions in this case were sent. But as the detachment, pursuant to my orders, took an unusual and obscure road, the guides, as I havie heard, misled the provisions, and they were not heard of before the^urrender. tnfhe sevdnth specificatlourmiderthe^ Charge of onolflcer-like conduct, is assembled a variety of accu- sations* The first is a little incragraous in its lan- guage. It is stated, that the enemy having erected hatteries opposite to Detroit, I was, Dram ttie«leventh day of August, to and including the sixteenth dajr of the same month, guilty of « neglect of duty, in not preventing the enemy from erecting the said batteries. # It would be an answer to this charge to say, that I couM not have prevented the orection of batteries^ which it is stated were already in existence. ■ But though I think there are many inoongintiticsi of tie y OENERAL fiULt. 151 tame nature in the specifieations, I have not attempteil to avail myself of them, and shall no further notice this.' ,. '■' ■ '■■',■ V The Court will ubserve, that this accusation la connected with, and indeed entirely rests upon a pre* vious allegation, that I well Icnew these batteries were erected by tin en^ny with an intention to an- noy Detroit, and with a design to facilitate the in- vasion of the Michigan territory^ The fact is, I had no such knowledge. I had a firm persuasion that the enemy Would not invade our tendtory. I did believe that the war on their part would be enr tirely a defensive war, and that these batteries were only intended for the defence of their own shores. I admit. Sir, that my qpiniom in this respect, subseqiieni events have proved wers entirely enoneous. But I cannot believe that a mistake in <^iiniott or judgment is to be puidshed as a crime. This would be less a. drfenee to an accusation of this nature, was not the charge so connected, as I have mentioned, with the allegation, that I knew bow the^enemy intended to^ employ their battel^s. The questicMi must be first asked, had I thb knowledge ? There is not a particle of evidence that I had; and 4f this questiuc must be answered in the nq^ve, tiie accusation is not 8up> ported. But I do not rest thb part of my defence on this ground. That the enemy did. erect batteries opposite ta Detroit, and that I did not attempt to aanoy them,, V.2 •r.'.: ij^Bsi^MiiiJt 1 ■'"•»afJS<:i 152 VBvwcn on i ie-.T' tiU tkeyeommeneed their^lN on the fifteenth, ui tu^tonoi to be disfiotedr I did not annoy them fiir the reason I have idwve mentioned, that I considered them as more defensive woils. But a desire to pre^ ■erve my own anmmnition was thn principal reason for tiiis ccmdaet I m^ht have hindered tiie enemy from pn^ressing in the day timet but kt the night) tmj annoyance I eoidd have given them would Jmhub been ineffeetuaL Captidn Dailaha has g^VMi a'state» meat of the ammnnitiotti €apti^ Dgwm of..utbe «rtiU«y supposes it would not have lasted laore ttan throe m four days, if we had ciHumenced and cmtinued firing. The filed anununitikm, he says, eonld not have knted mfure thaii'two di^^ Captain Bacon tesdfies, that oa the mon^ag of-thesixtectftt^ he examined^l^ my orders the nu^sarine^ «i|d could find but one box of twenty«four pbond ca^til^es^ and that' he'^t^qKiiied to ne they were nearijr ex- pendsid. The testimony of aU the witnesses wlur have qpoken diews, ttiatiwy mind was ifii|»essed with the necesrity of qntfa^ Uie ammnldtlon, and that tMki» aaweH as the expectatiim '^t the enemy ^ttd not intend, as long as I did not provoke, offenriveoiNmh tions, were the reasfriw' wl^* I <Bd not «anncMmde the enemy while they wei^ fmrfifying mi the oj^posito shcMe. Mi^ Trimble testifies, ^tiut when he (mto- peeed to me to fire on a party of the enemy, whidi made its q»pearanee cm the fourteenth of August at Sandwich, I answered that it would not do to expend the ammunition uselessly. Captain Bacon says, that on the morning of tfao'^teeDtb^ he was difeeted by ••#* OfiKERAL mJtL. n tnrio'go to etrrf Dysotir at the battery where he eonmiaiidecl, &i»^ ^Jbnn him that ""the twenty-four poind ammunitioik was nearly exhafttted, and that he muft- not fire bat when there was a prospect (tf hit doteg execution. .-•/ 'ki 1 M •^■■I,'^ Another <^ the accusations which are assembled in tl^^specificatlon {% that I omitted to Cwtify Si»uig WeHs. I-dOBOt know why it might not as well bav:* aUig#d that I on^ed to fortify any other positi<»i in the#r«r DetioH. » ^ / It is not in proof ttiat that spot was particularly adapted to a f<»tification. If it had been fwt^ed, the eiilmy would> not piebaUy have selected, it as their place of , .debarkation; almost uiy other spot within tbe>s|H|ie ^s^xice, i^ve or below the fortr.waa aa well jcalculated to aflford them a landing. This q»e^ eification also accuses me of having neglected to .uir uoy the^enemy after he had landed at 8prii^ Wells.. Genflf^nen, the Wfumefjio^ this specification is. em* braced in the dcCf n^^ I bave made as to the final, suirrendca'. : I bad made.4)reparations for attacking; the troops were drawn out, and formed in line of battle; but heS^xe the enemy cune up, I determined to surrender. My o^asons for this measure, I have already explaiur ed. I shall not repeat them. I will only beg you to observer that the reasons I have offered have not been auggeited uerely fcqr the present occasion. Ma* '< ;■'■ 1 N, '*#*f. .<,vi-' w 1114 DBFSNCB OF jor MmiMni' tMtiftes, tb«t h» law me the day ftftar the •umnder; that i told hhnJ existed to be eenrafed for what I had dime, but ii^ *f I have done, what ** under all ' cirounwtanees was most proper, and I «« have saved Detroit and the territory firom the 1kv> " fours of an Indian massacre." ft^But I am accused-ef having made Ae surrender in an umMeer^Iike manner f in having made it befiMre the articles oC capitulation were signed; in not stipu- lating for the honoun of war, <» for the seevriiy of the friendly inhabitants of Canada, who had taken protection from us. Befiwe 1 make observations on this snigect, 1 bq; leave to present to the Court col- lectedly, Uie testimony which rdates toil. MiQor Sn^ing testifies- in siibstanee^>that inunedi- ately after Uie second shot which did executimi in the fort was^ fired, captain HuH was sent acress the river with a flq;, and thsA he (mi||or SnellU^) was sent to mder colonel Findlay into^ the foft* The witness having peifonned, this du^, went to <Mie4>f the batteries; while .there, a British officer with a flag, came to inquire what was the meaning of send- ing the flag across the river, whmi genend Brock was on the American side? Lieutenant Hunt then went with the information to me, and retinned wiUi a seidcd letter, and orders that he (the witness) should cany it to general Brock. That the iritness met goieral Brock at the head (tf his troops, about three quarters of a mile from the fort, where they were aot in sight from the fort. ''',*. OBKERAL HULL^ 155 The witness having delivered the Setter, of whieh he was the bearer, general Brock asked 'be witness ^^ifhe was auOurixed to agree en temu^* The witness ssld not 'General Brock then asked two cf his offi- cers to go with the witness to the fint. « As they approached the fort, they were met by some persoB«. who conducted thMn to a tent, which had been erected by my orders, where they were met by eoI<mel8 Mill^ and Br\ish, commissioners ap- pointed by me, and tJie eqiitulation was there signed by the commisnoners. . The contents of the note, the witness says, were no more tlmn tliese words: ** Sir, I agree to surrender ** the town and f<Mrt of Detroit'* He would not un- dertdce tosay, that the words he gave were the whole substance of the note, but >he believed they were. Migor Qnelling further testifies, that before the ca- pitulaticm was signed, he saw me near ihe marquee in cfmversatioB with colonel Fnidlay, and with the British officers, cohmel Mac Donald and captain Clegg, who were within the marquee. The witness said, he dMi not recollect that I took any part in drawing up the capitulation. That I ordered off a immber iX oiv officwrs, who were collected about the marquee, and among the rest the witness. In a subsequent part i^ his examination he says, that before the capitulation was signed, colonel Find- (f: 1 11 u % ■ ^ '^ ***-^M****.*-»^""^'**t. .*^--»-» - *■*-**. ■^*« >^ -■• .. i*^ i&a DBFENCB OF lay'lngkiiiiit was marched into the fort, which wa« T-eiy much crowded. i n: 4- Captain Mac Commick testifiei, that after coI<mel Findlajr'a. regiment had beeh ordered into the fytt, he met colonel Findlay as 4ie was going into the fort; that they there saw me; that I requested colonel Findlay to join colonel Miller, to treat :witb the ene- my, and said that we could thcai get better terms than we should, if we waited till they attempted to storm the fort Ciqitain Mac Commick further testi- fies, that as he went out of the fort, he saw the British officers, colonel Mac Donald and obtain. Clegg, coming towards the fort Some one said, it wa8..im- proper they should be permitted to come in, and they went to the tent. Shortly after the British ^officers, with colonel Miller and colonel Brush, came into the fort, and were there together in Dyscm's quarters, where, as he supposes, the capitulation was signed. The witness further testifies, that before this,,^d at about the time the British officers and colonels Miller and Brush went into Dyson*s quarters, nearly all the troops were marched into the fort In his cross-examination, captain Mae Commick says, it m^ht have been ten minutes, half an hour, or more, after the firing ceased, before the troops wfve ordered to march into the fort That he himself did not come into the folrt, till half an hour after the firing had ceased. ,.y* GENERAL HULL. 157 Ms^r Van Horn testHiefl, that on theiaorniiig of the sixteenth, captain Hall came to the tent (^ colo- nel Findlay, In which the witness also quartered, and informed colonel Findlay, that it was my brders that his regiment should move to and form on the soutlh west of the fort. The witness then descrfties the position of colonel Fin^ay*8 regiment in the line, and the manner in which the whole line was formed. He then further testlAes, that after the lino was formed, and about an hour, or half an hour before the flag was hoisted, I came to the line. That this was during the can- nonade. British officers wei% then Been passing to and from the Indians. That I appeared satisfied with the po- sitions of the troops. That the witness said to me, we shall be able to give a good account of them. About the time the firing ceased, witneas turned round and saw a flag hobted in the fort, and at about the same time, captain Snelling came with orders from me to colonel Find^ to march his regiment into the ' fort, and said, that it was my directlu:?':* that as the flag was out it should not be violated. The witness further testifies, that I remained at the line formed by the troops about three, or it might have been, five minutes;— that colonel Find- lay expressed dissatisfaction with the order, but &aid, 15 M i' »^ •■■-- '■•^.i'*-. ■*• ■. -"■ •41 ^■"^ vi*-*-.* 158 DEFENCE OF it must be obeyed, and directed the witness to march his battalion towards the fort, which he did, but halt- ed near the fort some minutes ;>— that finally he marched his men into tlie fort, and.they there staoked their arms ;~that colonel Findlay did not come in till some time afterwards. The witness further testi- fies, that when he got into the fort he saw me, but was not certain that I was there when he entered f — that some time after the witness had been in the fort, I addressed him, and several other officers at the same time, and invited them into the room of one of the ofl&cers ; that I told them I had surrendered the fort, and was about to make the terms ; — ^that I asked, if they thought of any thing as a condition, I should be glad to know what it was ; — that the witness did not go into the room ; — that when he first saw me t was on the steps, going into one nX the rooms ; — ^that some time after this, colonel Mac Donald and captain Clegg rode up, came into the fort, and went into the room where I was; — that the witness does not know whethier I did or did not go into the marquee before the British officers came in ; that our whole lijie, as he believes, had marched into the fort and stacked their arms ; — ^that this had taken place before the Brir tish officers came in. i Major Jessup testifies, that he had observed our troops retreating, and saw the flag flying; lie met colonel Findlay, who requested him to ride towards the fort, and learn the reason of the retreat; — ^that ■^^- ►*f»,7-*^:»ls.'i H GENERAL HULL. 15» he (ionnd me In the fort, and thought me very much frightened;— that after a con venation with me, of whieh h? has repeated his own gallant expressioas, but unfortunately cannot recollect what I said, he went out and met colonel Findiay, and said to him all was lost ;— that when ^ saw me' at the time, the terms ol' capitulatitm had been agreed upon, that he met me in a pkua, before captain Dyson's quarters;— that I was then perfectly composed. * ' ■ . • He then relates a conversation with me, which concluded with a request that he would continue to act in his station, till the troops were marched out of the fort; — that he consented to this, and received from me, or one of my aids, a copy of the capitulation, wMch I directed him to read to the tnxqis ; and that he did this when the troc^is were marched out at about twelve o'clock. - ^ '■■..■ - The witness further states, that he thinks a detach- ment of the enemy came into thc^ fort before the ar- ticles of capitulation were signe<(; but that he is not certain whether the enemy's troops marched in before the American troops marched out, but knows that tUe American' troops <na not mmvti our till ftQer the capitulation was signed. Captain Burton testifies, that he knew when the capitulation was agreed upon;— that it was done in captain Dyson's quarters* where he saw me, general -'.rJ 100 Pfiir£NO£ OF Brook, and two or tbree.Britiili oae«rt{— that they >vere writing -and preparing the articiet of capi- tulation;— >that he heard remarka whicli induced Iiim to believe^ tliat the artielet of capitulation -were not agreed upon;— •that he could not lajr, whether the American troops w^ye then in the fort, but there were, at that time, one hundred and fifty British troops standing with advanced arms in the fort;— the enemy were at ornbout this time placing guards in and about the fort;— that the reason why he supposes that the articles were not at this time finally agreed upon, was, that he saw general Brook, witii a paper from which he struck out two or three lines, which as he understood related to the regular troops returning home, vrfaich genoral Brock said he -would not agree to ;— that at about this time^ h»saw one of the British officers writing, Befei» this he had seen the Briflp officers and Am«ican officers at the marquee, and thdt I also had been there ; — that it was about three quarters of an hour after he saw the British officera^ going with me to the marquee, before he saw the 'British officers in Dyson's qua^ ters. On his crosi-esftihitiation bj he VoOrt, m^ Jes- sup says, when the terms of the capitulation were discussing, the Americian troops were crowded in the fort, in the utmost disorder, and the enemy were per> milted to approach so near the fort as to be. able to tak« possession of the batteries. GfiKEllAL HULL. iei Captain FoHer testiftes, that soon after the whit6 flag was hoisted, he went to the fort, and there met eolonel Mac Donald and mivi<^ Clegg;<^that I was standing near the gate, one of the British officers said to met that they were sent by general Brock in con- sequence of seeing a flag hoisted, to receive any com- munications;— that I replied, that J should surrender, and desired them^togo to the marquee^ where I would go or send to them ^— that mi^or Clegg requested the witness to go with him to the marquee for fear our militia might fire on him ;>~that he went with him to the marquee ;— they were furnished with pen, ink, and paper by major Sneliing ; — that soon after they got to the marquee, I, colonels Miller and Brush came ^— that he stdd near the marquee about ten minutes, and then went to the fort, leaving me at the marquee ;— that when he returned to the fort, he found our troops were in and had stacked their arms $— that some time after he saw the British officers, Mac Donald and Glegg, come out of Dyson*s quar- ters, one of them having a paper, which he said had been signed by me, and that he was going to take it to general Brock for his approbation, and wisheii the witness to go with him for the same purpose ;— that he accompanied him to the marquee ;.— that the wit- ness went and found the British column led by colo- nel Proctor about half a mile below the fort; — that he left colonel Mac Dpnald and returned -to the fort. Colonel Miller testifies, thatpn the morning of the sixteenth I was io tfee fort ;— that it was reported to 15* 102 DEFENCE OP ;> iM that the enenny w«m advaaolng, tad that part of the Miehlgao militia had joined the enemy ;— that upon thla I asked him if 1 had not better Mnd oiit a flag. He UAd, me lie dkl not know. I had bettercm- ault the oflieen who weie without the fort, that ikuj had the bett opportunity of Judging}— that I Wiid there was no time for consultation, that 1 would send a flag, and that I did so;— that some time after this, colonel Findlay's regiment marched into the gar- rison f— that I went to a tent and sent for Idro ;— that when he approached the tent, I was standing in the tent with my back towards him; — that he heard me say to the British oOicers in the tent, ** I will surreit* der ;**— that I then requested him, with colonel Brush, to assist in dmwing up some articles of capiUdatioa;— that he remained at the tent, lying on the ground) in a violent fit of the fever and ague, while cokmehi Brush and Ifae Donald were penning the articlef. The original articles of fi^PiituIatioa were then shewn to the witness, and he said he believed them to be those which he had signed, but said he was strongly impressed with a belief that when they were read to him, and he signed them, they ecmtained a provision that the garrison should march out with the honours of war. # In ins crosarexamination by the Court, colonel Miller states, that acc(»ding to his best recollection, he went to the tent between ten and eleven •^ctodh OElfBRAL HULL. 169 on the moning of the sixteen th ;— >t)Mt bo ramoiBtd -^'MMit threo quorton of an hour; — that after ho had •ignod tho capitulation, he went to the i'ort and went to bod. Theio worn then no Brlthh troopi in tho fort, bnt he eaw at ho went lu, a eompany of about one hundred Britiih aoldiera, itanding near the gate of the fort. In a Mbeequent part of hla oroMkoxamination, he itatee, that I told him I was willing that he should make a sttrreoder the baais of e treaty, and that he must get the best terms he eoirid. He further says, that when I sent out the flag, I mentioDed to him that I did it to gain time; that I expeeted to procure a cessation of hostilities, and that I might in the mean time hear from colonels Mac Arthur and Cass. Colo> nel Miller was called ^^n a few days after his first examination, and be then stated, that after the first flag was sent out, and beftMre an onswer was letumed^ colonel Brush came to me, and having been infiomi- ed, that Knagg's men, who had the advanced post be- low the fort, had deserted to the enemy, cokmel Biosh exclaimed, that " By God, or that, he believed *' by God, his men would desert toa man.*' % V:. I believe, may it (rfease the Court, I have here col- lected all the testimony that is material, whether it be for or against me, which in any wise relates to tho matter now under consideration. I do not pretend that I liave 0ven the very wMds of the witnesses in all instances ; but I have done so, as nearly as mj own recflttection, and the notes of my counsel, would %< 104 DEFENCB OF i,:~^< U •^ I ■^ u permit. If there be anj errours, or omissionB, they certainly canhot be intentional ; because I know that the members of the Court will have recourse to their own minutes, and to the record of th% Judge Advo- cate ; and if it should appear that I have, in any re- spect, wilfully perverted the testimony, it would be an artifice from which I would derive no benefit. In reviewing the testimony, the Court, I think, must at once perceive a strange variety in the statements of the different witnesses. Though the times at which the different transactions took place are all impor- tant, hardly any two of the witnesses agree iii this respect. The Court will recollect, that there are three docu- ments in evidence, which appear to form the articles of capitulation. These are all dated on the sixteenth of August One, purporting to be the articles of capitu- lation; the other ptirporting to be a supplement to the articles; and the third purporting to be an addition to the supplemental articles. There is also a fourth document, being a letter directed to the commanding officer of the Rapids, which purports to be an expla- nation of the articles of capitulation. Before I make any observations on this testimony, I will give the Court a relation of my conduct in respect to the sur- render, nnd state the motives, which influenced me. If a departure from the forms, ceremonies, and eti- quette of modern warfare, where civilized men a^ the a GENERAL HULL. 165 belligerents, viiU condbmii me, I mittt submit But I do persuade myself, that this Court will consider my peculiar situation, and the character of the enemy which was opposed to me ; and that I will be thought excusable, if I permitted a precipitation to which some forms and pageantry were sacrificed, with a view to save from the cruelty of the savages, many brave men, and many families of parents and chil- dren. As soon as I found that the enemy intended a se- rious attack upon Detroit, I knew that sooner or later my army must fall. I knew,.that even victory would not save me, and could be but a temporary advantage. The certain consequences of defeat I could not con- template without hwrour. It presented a scene, which I need not attempt to describe. It is obvious, that it would have left our savage enenues to indulge, with- out restraint, their passion for rapine and cruelty. The small body of regulars which I had with me, I was obliged to keep in the fort, for its protection. I had no other troops Uiat understood the management of cannon. With one third cS the residue of my fwce absent, and with nothing to rely upon out of the fwt, but untried and undisciplined militia, officered by men, most of whom were in hostility to me, and had, even conspired against me, what was I to expect from a contest ? I det€finined at any rate, that I omght, if it were possible, to ward off the attack, and gain time, till the ^ M 166 DEFENCE OF detachment under colonels Mac Arthur and Cass, ivho were my two senior officers, m^ht return. The Court will recollect, that I had sent an ex> press for them, as soon as I received general Brook's summons on the fifteenth. After the line was formed on the sixteenth,, as appears by the testimony of ci^ tain Mac Commick, colonel Van Horn, and, major Snelling, I visited the troops where they were drawn up. I then went to the fort, in expectation of hear- ing of the absent detachment ; but receiving no intel- ligence from them, I determined to propose a cessa- tion of hostilities to treat of a surrender. I accord- ingly sent a fli^ over the river, and when the British officer came tor inquire the meaning of that flag, I sent the note to general Brock, of which niijor Snel- ling^speaks. That these were my views when I sent this flag, appears by the testimony of colonel Miller, to whom I explained myself on the subject I do not recollect what were the precise words of this note, but I think it will appear very evident to the Court, that the contents of it could not have- been, as m^r Snelling has stated, neither more nor less than an offer of unconditional surrender. For, according to m^jor Snelling, the first- question general Brock put to him, after he had read the note, was to ask nuyor Snelling if he " was authorized to agree on terms.'* No such question would have been asked if I had offered to surrender without terms. As soon as I had determined to negotiate, I also de- termined to change my positions for defence. 1 thought -.1 * GENERAL HULL. 16t it better to draw the troops to the fort, and if I- made a resistance, it was my opinion that I could do it to most advantage, by manning the fort with a full comr plemeht, and forming a line, supported on the right by the fort, and on the left by the citadel and the batteries cm the bank of the river; having in front a line of pickets which extended from the fort to the citadel, and which was intended to cover the commu- nication between one and the other. With these views and intentions, I ordered the troops to the fort, intending to post them from thence before the negoti- ation should break off, if there should be no terms agreed upon. When these orders were given, I had appointed colonels Brush and Miller to repair to a tent without the fort, and treat with the enemy. At this moment I. received the intelligence, that the two companies mentioned by miyor Anderson, Knagg's and Shover^s, had gone over to the enemy ; and heard from colonel Brush, the declaration, that "6y OotT eveiy man of hu regiment had or would desert The consequences of such a defection immediately occur- red to me. Colonel Brush's troops had been posted to guard the upper part of the settlement. If they made no resistance, there was nothing to hinder the British and their savages from landing above the town ; and, while we should be engaged with the in- vaders from the south, the savages would be making indiscriminate slaughter of the inhabitants, through the whole extent of the northern part of the settle- ment, ^i v^^-.-'?^f^ -•-•-^«^'^f^^>^. \, 108 DEFENCE 01^ '?■■ I «■**%/■ f 1 From this moment I determined taranreiider on the best tenm I could obtain. I told colonel Miller, tfaat this was my determination. I went to the teht. Colo- nel Miller had not arrived there. 1 had mentioned to colonel Brush and the British officers, the terms I should insist upon, and concluded by saying, *' I shall surrender;'* meaning, cm the terms I had previously mentioned. This was the declaration colonel Miller heard. After I had explained the terms I had ex- pected, I left the tent and returned to the fort. On my arrival there, I found to my surprise that all the troops had crowded into the fort-, had stskftked their arms, and were in a state of entire insubordf nation. Let it be remembered, that neither of these steps had been taken by my orders. 1 had ordered coltmel Findlay's regiment only into the fort; and it is not proved, or pretended, that I gave any orders for stacking the arms. I now became impatient to put the place un- der the protection of the British. I Icnew tiiat there were thousands of the savages around us. Every mo* ment reports were brought to me of their depredations, and in the situation in which my troops then were, I could afford no protection to the inhabitants. I was anxious, that our enemies should have the command and government, that they m^ht be able to put a re* straint on their savage allies, which I had no powei^ to do. An additional weight on my mind, that had great influence on my conduct, was what I considered might be the dangerous situation of the detochment under colonels Mac Arthur and Cass. 1 4p|hght it possible it might be at a distance, and might be fv './ S./.L' :.„ GENEllAL HULL. 169 W cut off. If we Blioald udi uiccesBfiilly resist^ I was sure it would. Intlill itate of thii^, the articles of capitulation were brought to me from the tent, .signed and executed* I accepted them. I gave a copy of them to miyor Jessup, as- he has testified, and he after- wards read them to the troops, when they marched out at twelve o'clock. These must be considered as the articles of -capitulation, and by these my con- duct must be tested. For the two other documents, the one styled supplemental articles, and tlie other an addition to the supplemental articles, are rather to be considered, as an agreement between myself and the enemy's general than as parts of the capitulation. I admit, that when these were signed 1 had no power to resist if he had not chosen to agree to them, and therefore they are no more to be considered as a part of the capitulation, than the letter which bears date the next day. It was these supplemental articles, which were signed in captain Dyson's quarters, and most of the witnesses, who speak of what-was done before or after the capitulation was signed, obviously speak witb reference to the execution of these instru- ments. God knows the articles are not what I would have wished to have had them. If I had been warring .w|th civilized man, where the blood (tf combatants only 6oidd be 8he(S».I ought, not, I would not Iiave accepted them. But wheaigigi^ the consequences of refusing them, depended the lives of <somany innocent peopl e,J fe did not feel myself authorize4 to reject theih. 16 ■-^. .Hfc^iML---''^-'<:']r • "**■ r> nn DSFENCR OF Having pat before tiie Cowrt tiie tettimdiiy wblch iclstee to this apeeifica^on, «|d Igiven my own ac- cooBt <^ the tramaetkMM to whidb it relates, I will again notice the acciitations» and make some few ob- servations upon them. • * ■ ^ The first accusation is, that I surrendeirecl before the capitulation was signed. This is certainly dis- piov«»l. There was not an enemy in the fort before the capitulatixMEi was brou^t to me from the tent, nor before I delivered a cq)y of it to miyor Jessup. The testimony of cofonel Miller is conclusive upon this point. He says, there were no Britii^ troops in the fort when he brought me the capitulation from the tent A second accusation is, that I did not stipidate for the honours of war. Among the tf^ariety of circumstances, in my situation, which I had to deplore, and which agitated n^ mind to a great de^e, there was none that excited my own feelings more, tibus to find} that ihoii^h this provisicm had been inserted in the articles, as originally drawn by the commissioners, it had been stricken ovit. J. thought of rejecting the articles on this account. I must Have then opened a new iiego^ elation. I liave already stated what i^peand to me a« the consequences of fortheji^delayy The savages wm« unrestrained. I.€ie^te||||0id not to expose the lives . of the inhabitants' to their fuiy for the sake.of obtain- ing so useless a piigeM&tiy. ,.._s^..-.. -*--'> — *^^ ""-.^^-v '•..^•.,j»v %.. * ■♦fr GENERAL RHIX. 171 The articl«t ftie abo condeniMd* beoanne they oon- tained no stipoUi*^ ^ <1^ Mooity of the frlendlj inhabitants of Ctmila. With respect to the people of Canada who had been friendly to us, and 4rho had remained in their own country when we retreated, no stipulation in their favour was necessary. The Bri- tish had offered full pardon to idl their sut^ects who had shewn any disaffection; and when the eapitnla- ^ tion was signed, there were ncme in Canada who had not availed themselves of this oflbr. With respect t» those wlio were with us, the ci^itulationdoes c<mtain an article in their favoiv. They are unquestitmably included in the third article, which provides that ** fNrivate persons, and> pn^rty of every tkaer^ptumt "shall be respected*** % But, Sir, a stipulation in favour of Canadians, who were with us at the time of the surrender, was, in fact, mtliely a matter of superen^tion; because, accord- ing to the best of my recollection, there was but one person of that description with us, at the time of the capitulation, and' he^is now an officer of rank in our army. . • The evidence, ^at any stipidation for the security of |he4iJaoadians, other than what the articles con- ta^ed, waa unnecessary, is, that it is the undoubted feet, that ftom the time we ^treated from Canada, no ittdlaridtel has suflfered, either in his person or pro- perty, ?gp account of any part he may have taken againstl^is own government, or op account of any connection which be may have had with our army. o^ 172 DEFENCE OF i^, ^'*. The speciftcation itatet other ol^tioiM to (he capitulation, but a» they are of an iifferiour nature, and must be excusable if those I. have noted are so, I shall not trpuble the Court with any remarks upon them. , .. i- Something has been said in the course of the trial, as to my having after the capitulation consented to the surrender of some distant posts. It might be enough to say, that ttiere is no specification (m this subject; but I will only observe, that so far from this being a concession to the enemy, it originated in my suggestion. I reflected, that if they should ^ear of tile capitulation, before they vrere informed that they were included in the surrender, they might retreat, if they should judge it in their power to do so—but if early intelligence (tf the surrender should not reach them, they wouid be. exposed to the whole- savago force of the enemy^ and might be sacrificed, unless they were protected by the capitulation. Much tes- timony has also been given in relation to the situation of the British troqis before the surrender, and to shew that they were suffered to approach too near our works before the capitidation was signed. It would be easy to shew the strange contradiction of testimony on this point, and to prove that such an accusi^n would be without foundation. But certainly the accusations against me, and which I am obliged to answer, are sufficiently numerous. 7he Court would hardly think me excusable in trespassing ca their poiMjMBe, to make a defence against accusrtions not preferred-*- OENCRAL HtLL. 173 I ikail tkeffeftiTO tc/ notliliig ftartlito m to this lUg- l^itiOB, than tiwt a specificatioB founded iq;K)n it It BOt to be fomd liBder any of the chaises. There is, Gentlemen, one other chai^ viMeh I have to answer. It is an accusation which has been the most wounding to my feelings, and the discussion of which is the most painAil task I have yet had to perform. Not because I have any doubt but fliat I shall convince you it '.s as much without foundation as any other, but because it imposes upon me the ne- cessity of examining testimony, which no man, how- ever innocent he may be, can repeat without disgust. If in the embarrassing and difficult situations in which I was placed during xny late command, I have comnutted stHne errours, surely what I have suffered by thu prosecution, and what I must now suffer in making this part of my defence, will be some atone- ment. For mere tiian half p century I supported a charac- ter without reproach. My youth was devoted to the service of my country. I fbught her battles in that war which achieved her liberty and independence, and which was ended before many of you, Gentlemen, who are py judges, were bc»ii) ' > If, upon any occasion, a man may speak of his own pierits,|pis at such a time as this, and I hope I may be permitted to present to you, in very few words, a 16* m DBFENOB OF namttlye of my Uf«v wMIe Iwat engaged la m«ic0 whtoh ivere etlcQlated to provo a OMn'ik ftfiiinM»^aiid courage. I sliall do it witk the leM rehietaiiee^ tiecavie the teftimooy I have offered of the venerable men who served with me in the rev<rfutionary war will ▼ouch for all I have to lay. '■■/He ,■ In the year seventeen hundred and aeventj-five, at the age of about twenty-one yean, I was appointed • captain In one of the Conneetieut regiments. During ih&t campaign, and until March, seventeen hundred and seventy-sir, when the enemy evacuated Boston, I served with the army at Cambridge and Roxbury, under the immediate command of general Wafliington. I was with t)iat part of the army in March, seventeen hundred and seventy-sup, ^hich took possessiou of Dorchester fidghts, the ra^vement which compelled the en^y to evacuate Boston. The next day, the regiment to which I belonged marched for Ne>ir-York. I was on Long Island when the enemy landed, and remained until the night the v,'hoie army retreated. I was in several small skirmishes: both on Long Island and York Island, before the ^rmy retired, to the White Plains. I then beloim;ed to cfdonel Charles Webb's regaiieiit» of Cotuieeticut This r^^ent was in ^e severest part of the ac- tion on Chatterdon*s Hill, a little advanced of the White Plains,^ a few days after the main botty of the army abandoned New-York. This battle Mpemora- ble in the hiatory of our country^ and the re^ment to QENlSRAL Htll/t. XU whkhl betocgtd leceiTed th« pirtteular (hanlm of genend Watbington, in bit piMie. orden, for iti bi»>. very and good «oiidiwt on the oee«doii> It wai par^ ticularly dittingpUthed from all the other troops en- gaged in the actiw* I received a alight wound by a nMsket baU in my aide, but it did not prevent me from remaiaing at the head of my company. I waa in ^e Jiattle at Trenton, when tjie Hesaiani were taken, in December, seventeen hundred and seventy- six, and being one of the youngest captains in tlte army, was. promoted by general Wasbingtopt the day after the battle, to a m^jori^, for my conduct on that occasion. The firstof January, se yenleen :hundred and seven- ty-seven, I was in the batila^of Princeton. In the campaign of the same yewr^w rejpiment to which I belonged served in the northern army. I was early in the spring ordered to Ticonderoga, and commanded the regiment (being the senior oflEicer present) under general Saint Clair, and I was with that officer in his retreat iironi that post After funeral Saint Clair's army formedLikjnneition with gen^ri^^cbuyler's army, 6n the North river, at F^ Ednvafd^ the rei^ent to which I belonged was detached and. nuNrched to Fort Schuyler, and relieved that post which was besieged by general Saint Ledger. On the retreat of general Schuyler'aarmy from Fort Edward, I commanded the rear guard of the army,, and being two miles in the rear, lil^tacked by a large body of British troops and Indians at dayi^t in thi nprning, in which ;« >J .*. .M 9 ^iE^k^- iMt: ... Ji •If" »»'.>,. 170 DSfE^^el w mUm w«m UIM Mid m m n M i b Mw twi ibirty ttd forty «faqr giMidr Mii I r«Mlv«l tke pwtlmilar llMok» of feneral SolNgriir Ant ay ««BdMt <» tiM oemiloB. I VTM Is th» tw* OMMomUe bstUM mi *^ Bhw- tMnth of BeptcMbtr, Mid tke Mventh of OetobM*, on Bhenuu't Uelghti, •gaintt geRenil BufgogriM*t mj, prevloift to ito lurrender. In tiie Mtion of the nlao- teeath Sefitember, I eemmftiided a doHibhmeiit of three hundred men, who fought the prinolpal part of the afiemoim. Mid move thai one half of them were killed and wounded. On the seventh of October I likewise commanded a detachment from the brigade, which assisted in at- tacking the enemy on tlif^^ of our position, defeated bim, followed him to the right of his lines, stormed bis entrenchments, and took and held possession of the right of bis positicm, which compelled him to re- treat to Saratoga, and there capitulate. After the memorable event of the capibdation of gennal Burgoyne*s army, the regiment to which I belonged was ordered to Pennsylvania, to join the array under tbe ccmwiMidof geneijal Washington. I r^naiaed with the army, the winter of seventeen hundred and seventy'Seven, at Valley Forge, and in the spring of seventeoi hundred and seventy-eight, when the British army evacuated Philadelpbi||»I was IB the battle of Monmouth. From December, leven- t v..^J 0ENERAL HULX. 177 teen hundred and seventy-dght lo May feventtta hundred and wventy-nlne, I eommanded the Aaierl>' ' can poata In advance of the White Plains, near Kingsbrldge, during which time I had varioui lidr- mithes with the enemy. In May, leventceu hundred) and tevinty-nine, the principal part of the Britiah army advanced up the North river to V erplancks and Stony Point, and I waa ordered to retreat before them to Weft Pdnt. l! ^.• , i.l ■X ii I then joined the light infkntry uilder the command of general Wayne, and was in the memorable attack on Stony Point, with a separate command of four hundred light infantry. For my conduct on thiji oecaaicm, I received the particular thanks of general Wayne, general Wash- ington, and Congress. In' the summer and autumn of seventeen hundred and^elgh^Al commanded the advanced posts of the army, attain Dec^nber of that year I commanded an expedition against the enemy stationed at Morri- siana, which was successful, and for which I re- ceived the thanks of general Washington in hia general orders to the army, and likewise the thanks of Congress. General Washington in his orders, I weH remember, made ugto of these words, **he thanked me for my ju- J -'^ ¥;ii I Its DEFENCE OF^ u "dieiomainwigeilieiitt in the plui of opemtion, and "fo» my intrei^ty and valour in the raceeutioit." Fnnis the, conclusion of the reT<dutionaKy varl iMtve lived with the respect of my coontiymen, and have ei^oyed repeated marks of their confidence in the offices which have been bestowed upon me. When I found that the independence for which I Iiad so (^ten fought was assailed ; that again my country must appeal to arms to avenge her wrongs, and to protect her rights, I fell that I might yet do her some service. For though many years had passed since I had fought under her standard, and though my arm might not have its wonted strength^ yet my spt- rit was unbroken, and my devotion to her unimpaired. I thought^ in the field, whejre there could be butfew who had any military experience, what I had learned in the most active scenes of a seven years w«r, might be useful. I fondly hoped that in my age, as well as in my youth, I might render services that should de- serve the gratitude of my country. That Jf I fell by the sword of her enemies, my grove would be moist* ened with the tears of my countrymen, that my de- scendants would be proud of my name and flime : but how vain is anticipation! I am now aecused^of crimes which would blast my. former hoiMNirs, and transmit my memory with infamy to posterity. And in that hideous catalogue, there is none from the im- putation of which my nature and my feeJings have more recoiled than from that of cbwardice, t» which I am now to answer. I shall confine myself under OCNERAL HULL, V19 this change to the nqiecificatKniB, or to such part of ihe specifications, as relate to my personal deport> ment. Almost every omission or commissioii during the campaign, which it has been thought proper to cen- sure, has been assembled under this charge, and they have all been imputed to ctwardice. But as most of the acts have been specified in si^port of other charges, I shall not again notice them, but con- fine myself to the allegation that I shewed personal fear and a want of courage. ' .However painful the recapitulation of the testknony on this point must be to me, it is so necessary that it should l^e broi^t together, to the end you n»y have it before you in cme view, that I shidl go through the disagreeaMe task of rqteating it. The first witness in point of fact, as well as of im- portance, is me^or Snelling. He was a captain when he joinei^e army at Urbana; but is now a col(me]. fie testifies as follows. " During the cannonade I ** frequently saw the General. I onoe saw him stand- *'ing; he might ha^uisen twice ; most of the time he " was sitting on a#nd tent, under the curtain of the ^ fort opposite the enemy's batteries. ^' I have been taught to believe, that there are eer- " tain human passioiM wluefa are indicated by appeal^ i< [ ,'id n "'^ ^.iMt\ttf K: ^^a ' M f Wt' *m^'-'-. jJi^J""', iX •/"v-;| A^ W' ^ :0 jP^ '^i-^'- W^r ^ '■m J , 180 DEFENCE OF^ " ances, and the appearances cS general Hull accord- " ing to my mind indicated fear. " The reasons that induced me to draw that con- " elusion weret that the General selected the safest " plac^ in the fort for his seat ; his voice trembled " when he spoke ; he apparently unconsciously filled "bis mouth with tobacco, so that his cheeks were *' extended by it; the saliva ran' from his mouth on "his neckcloth and cloaths; he often rubbed his "face with his hands, and distributed the tobacco "juice about hb face." .i(' , He further testified in his cross-examination, that when he returned from Spring Wells, at the dawn of day on the morning of the sixteenth, he .went into the fort to make his report to general Hull, but could not find him, nor find finy one who knew where he was. W .•/■V „; v. .. He said, he did not know if general Hull was in the fort at the time the o£Bcers were killeK. He saw him immediately afterwards. After the men were 'Mlled it might have been fifteen or twenty minutes before he saw captain Hull with the white flag. It might have been an hour, but l^did not think it was. The witness could not say that he saw general Hull in the situation he has described between the time the men were killed and the sending the flag by • captain Hull. He recollects that at the time captain -tf. ■ GE^NBBAL HULL. 181 HoU "Was fixing the flag, general Hull was standings and was in the situation he has described. General- Hull was out (^ the fort early that morning, but the witness does not know where he was. At the time the enemy was crossing* the General was striding on the parade. < I wish the Court to notice the great attention, which migor Snelling paid, to be particular -in very minute cifcianstances in giving his testimony; not -only as to the positions in which he saw me, but when his examination was read over to him* and he found that, as it stood, it represented him as saying that I had distributed the tobacco over my face, he desired it might be corrected, so as to state that what he bad Biddi was confi^ffid to the ^onrer part of my face. '> 'j >f Captain Mac Commick testifies as follows, " I was ^* not present when cokmel Findlay received orders "to much into the fort I joined him as he was ** going in|E> the fort $ he told me of the order* and said ** he woidn not obey it ; but would go into the fort ** himself, and directed me to form the regiment " The colonel then came back so near to me, as to "tell me to let the companies ma<<i|i up, and I did " so.^ The witnesscthen relates what passed between colonel Findlay andmyself, and proceeds as follows* "The General appeared very much agitated. He *' Appeared to be under as much alarm as I ever saw " a person. Hfe had been chewing tobacco, and the ^- n ■-: ■'M w '■■m «4|P ^^^ J' 182 DEFENCE OF '" loMFer part of his face and his vest nvere covered « with it." On his cross examination he testified, that it might have been tefa minutes, or half an hour, or more, after the firing ceased, before the troops were ordered to march into the fort ; — that it was at least half an hour after the firing before the witness went into the fort;— that he saw me once that morning out of the fort, and thinks I was near where colonel Findlay's regiment was forming the line of battle behind the picket fence. Colonel Van Horn, who was a nuyor of colonel Findlay^s corps, testifies, that after colo- nel FindlayHi regiment was formed on the morning of the sixteenth of August, and about an hour or half an hour before the flag was hoisted* I was at the line ;— that this was during the cannonade ; — ihat at about the time the firing ceased, captain Snelling came, with orders that colonel Findlay should return with his regiment to the fort; — ^the <cann(Miade had then ceased;— the witness turned roimd, ai)d saw the flag hoisted on the fort. The witness further staled, that he then went into the fort with lus battalion, and after he got in he saw me, but is not certain whether I was there wHin he entered. The witness then proceeded as fodows, " when Ifiirst saw general Hull " he was on the steps going into one of *he rooms. ^' Ub face was discoloured n'ith tobacc > juice. It was "over the lower part of his face, and a spot was over " bis eye. 1 thought he was under the influence of ^fear. I had no doubt of it.'* On his Gr«M«xaml» :../•: ....V^ GENERAL HULL. 183 nation he says, that he saw me on the night of th<^ fifteenth, and as he thinks, about midnight, and before the cannonading had ceased, at the place where colo- nel Findlay's regiment was formed that night. He futTT me the next morning out of the fort at colonel Findlay's quarters, and again at the line of battle. When the witness was asked, whether care and anxiety might not have produced the appearance he describ- ed, he answered, thai care and anxiety m^ht have add^ to those appearances, but upois comparing faces he thought mine bad the indication of fear. Captain Bricer testifies as follows, '* I saw general " Hull on the momii^ of the sixteenth. He appeared " to be embarrassed, and at a loss how to act I had " but one opinion, which was that he was under the ** influence of personal few. I could not account for " the surrender in any other way." On his cross-ex- amination he said, " on the morning <^ the sixteenth, ^ during the cannonade, I saw the General in the "fort sometimes sitting, sometimes walking, and **:sometinies standing.*' Lieutenant Stansbury testifies, that on the night of the fifteenth of August, he found n0Bt about eleven o'clock at night, lying on the piazsa of the barracks in the fort, with my boots and cloaths on ;— >that in the morning when he awok4 ai: day break I was not there. « I saw the General," says he, « on a tolerably " safe place; as to his being afraid, I cannot say whe- "iher he wa9 or not" " I saw the General o.. the ■fli'l \94' BEPENCE OF " parade ground. I did not see any neetuity for bit ^* exposing himself more than he did.'* Miyov Jessnp testifies/that on the fifteenth, alter the cannonade commenced, he in company with Mr. Dugan met me on horseback *a the street near the second battery. He says, <* the General appeared to ^ be agitated ; either Mr^ Dugan' or myself observed, "the General was frightened; one of us said, we " must cheer him up. We approached him, spoke 'to "him, he appeared pale and confused, immediat^y ** dismounted «nd led his horse towards the fort** ** T did not see general Hull till about break of day "on the morning of the. sixteenth, when the General "^ came to my tent, and directed me to write an order ''for the return of colonels Cass and Mac Arthur.** The witness further testifies, tha^ shortly after the enemy commenced their fire, at\flie request of colonel Findlay, he went to me \o have an explana- tion of an order which had been delirered by my aid-de-camp; — ^that he found me and received direc- tions from me, for forming the line iff battle;— that while he was alSmpting to colle<:^ sonne dragoons, of which I had directed faifii to ti^^ the command, he saw that our line was breaking and retreating towards the fort;-— he thin look^ towards the fort, and saw the white flag lying ftomit;— that at the request of colonel Findlay , he then went to the fort. The wit- ness then proceeds as follows, "I found the General r*#' GENERAL HULL 185 *' in the fort. I thought him reiy much frightened.- ** When I met him, I inquired of him, if it were pos- *^ sible vre a? ere about to surrender. Hb said some' *^ thing about ierms, and something about the enemy's *^ force, which I do not recollect. His vsice at that ** time was tremulous. I observed, we could at least ** hold out till joined b}* colonels Cass and Mac Ar- " thur. He replied, my God, what shall I do with *' these women and children!" The witness then states, that he left the fort, went to colonel Findlay,. and did not see me till terms of capitulation had been agreed upon; — that then I' was perfectly composed.- The witness also testifies as follows : — *^ When I came "to rqport to the General, after reconnoitring the ** enemy, I found him on the side of the fort next the '* enemy, completely- sheltered, silting on a tent be- " side a bed. At the same time 1 reported that ^oiflr ' " guard, the most advanced towards the enemy, had- ''surrendered. The General said that colonel Bnuh ** had reported to him ihat his men were leaving him. «^' After this when I met the General in the fort, and ** after ihe flag was< hoisted, he exclaimed that four ^men bad 'been killed by one shot;— ^he appeareU so *' alarmed as not to know what he was doing." The witness then describes my appearan<*.e at that time nearly in Uic words which had been used by other witnesses. The witness on a subsequent part of his examina- tion stated, that at the moment when he was in conr venMtion. with me on the evening of the fifteeut|i, 17* \. mh-— li hue 180 DEFENCE OF near the second battery, a shot struck a stone house near me ; — that I appeared much agitated, dismounted my horse^ and walked off without making him a reply. ** Whenever I saw the General," says the witness, " before the .capitulation was signed, he appeared agi- '* tated; afterward, entirely composed. Whether the " agitation proceeded from the novelty of his situa- " tion or fear, I cannot say, but I believe the latter, ^< if not both.'* Captain Eustinan testifies as follows, ** on the even^ ^* ing of the fifteenth, a shell appeared to be coming " into the fort. General Hull ran towards the north- '* west bastion, apparently to avoid it, and to get un- ** der cover of the platf<Nrm. The General appeared alarmed and friglitened, as I also observed to my " companions at the time.'* i.( Lieutenant Philips testifies as follows, " I saw ge- ^' neral Hull <m the morning of the sixteenth. Most ^* part of the time during the cannonade he was sittiiq; " with his back to the parapet next the en^my. He '' was sitting there with a number of gentiemen. I re- '* collect one gentleman and one lady near to him. He « i^peared to me under the influence of fear. He ap- ** peared very much agitated. J think doctor Cun- ' - ningham was the gentleman that was with him. ** The^e might have been other officers with him, but ^* I do not leoollect.'* '"''iSi>-^""'*'^ /ylit'Wf l,».>.l,Jt.<iV«J' ^n^Af—zr ■-:|Sf*.')f GENERAL HULL. 187 ■iiU ^Colonel Miller^eitifies as followf , " I did not dis^ " cover any agitation in the General on the fifteenth. " On the sixteenth lie did appear much agitated. He *' was on the fort. He wcs sometimes sitting, some- " times standing, and sometir><)s walking. Whether " his i^tation proceeded from anxiety on account of " the responsibility he was taking, or from perstmal *^ alarm, I cannot say. After the surrender he told " me ho was afraid, if he had fought the enemy, they " would have taken advantage of that part of his pro- ' damation, which declared that no white man takes ** fighting with an Indian should be spared.'* On his cross-examination, colonel filler said, "I ^' oaw no act of the Generars on the morning of the " sixteenth whicL I can say might not have proceed- " ed from the fatigue and responsibility he was under.** I put to colonel Miller the following question :—CaM yon mention any act of mine on the sixteentii, which you did then or do now impute to personal fear ?» To tills the witness answered :—*'Yes, I did think ** such an immediate surrender n^t have proceeded " firom your fears.** To the following question :— Did you see me, while I was in the fort, in any place m situiition unfit for a commandiiqp olBcer?— The Colonel answered >— "I ** can describe to the Court where the Genwftl WWS ^ and the Court cao judge.** ■v/^ i ti 188 DEFENCE OF ** He was generally near the easterly parapet of the ** fort I VIM there part of the time myself. The *' General leaned do-^.n. The whole easterly side of ** the fort was as safe as the spot where the Oenvril ** was for the most part of the time. The General's *^ station was the most convenient to receive commu^ ** Bications Irom without tie fort'* m-i Colonel Miller, upon a re-examination, further tes- tifies, that he had frequently obser^'ed a habit which I had when I was much engaged, of chewing tobacco to excess, and taking It from my mouth with my fingers, and rolling it in my fingers, and putting it in my mouth again, and rolling it from my mouth to my fingers alternately. That he observed more of this habit on the sixteenth than usnmi and thought the addition might be owing to waui of rest from fatigue. 1 Kigor Whistler says, my appearance indnced him to think I was under the influence of personal fear. . Lieatenant Peckham testifies, that he saw me on the sixteenth of August and says, " I had no doubt *' but that the General was under the influence of per- ^' sonal fear, from his embarrassment, as he sat still and '''gave no orders.'* . ll^or Munson testifies, that he saw me on the fif« temnth of August and saw me again on the sixteenth, alter the capitulation was settled. He adds, " The ^ General's situatioD was critical. If. be bad bad any ^^•tai* — ^'\1V ,.32^:. GENERAL HULL. 18ft ** feelkigs, he must have had great care and anxiety. I " saw nothing which might not have been accounted " for, without resorting to the imt>re8sion of personal ** fear.** On liis cross^xamination by the Court, this witness says, ** It was ten or fifteen minutes after the '* officers were Icilled, that he saw me sitting in one oi ** the officers' quarters; bat does lot recollect that it <* was dur*'i)g the cannonade, either on the fifteenth or '* sixteen th, tliat be saw me.** Captain Maxwell testifies, that he served in the re-^ volutionary war; was engaged in the affidr at Browns- town under colonel Miller, which made the twenty* third battle in widch he had fbught;— that after the cannonading commenced on the fifteenth, he saw me on horseback at one of tho> batteries ;-^that I had a con- versation with the officer commanding at the time the balls were passing and repassing ;— that he took notice of my countenance, and that! appeared finn, collect- ed, anii cool ;— -that I sat four or %Ve minutes on my ' horse, and rode off again ;«— that hil did not see me on the sixteenth ; — ^that at the time the army was re- treating firom Sandwich, there was a«1amour, that I was intimidated, and that was the feasoA why, on the evening of the sixteenth, he particularly observed my countenance. General Taylor testifies, that he saw me several times on the evening of the fifteenth, daring the can^ nonade ; — that there was no impression made on his mind of my being under personal fear on that day or i IM DEFENCE O^ 'X x:s.: evening;— that I appeared to be thoughtful and veij low tpiiited ; — that he heard no indication of inspirit- ing the men ;— that my countenance wai dull;— that lie saw Die near the gateway, and that 1 ordered colo- nel Findlay to move from the upper to the lower tide ef the fort, without any speciftc orders how to form. Early on the sixteenth, Informstion came that the •nemy were preparing to cross, and no orders were given to resist them;— that my appearance displayed more of the marks of tobacco than he had generally Men in a neat man;— that his impression was, that I waa under the influence of personal fear;— that he did not see me again till the fli^ was hoisted ;— that when be saw me near the gate on the sixteenth, he saw many dBcers ndth me, and among the rest captain Bnelling; — that he did not consider being there as •hrinking from danger.. Captain Bacon testifies, that he saw me in the fort very frequently on the fifteenth and sixteenth ;— that on the sixteenth he saw me, with doctor Cunningham and his wife, sitting on some planks ;— that he also saw other persons there, some of whom he thinks were offi- cers ; — that during the cannonade he saw me on the parapet of the fort, once on the evening of the fifteenth, and once on the sixteenth ; — that he saw me in differ- ent places about the garrison, during the cannonade ; —•that I seemed engaged as udual, but agitated on the morning of the sixteenth more than common ; — that he did not know the cause; — that he had no suspicion that it was personal fear, neither did he hear such a GENERAL HUI<L. 191 iiMpicion exprested by any of, the officers;— 4hat after the shot came in Mrhich did execution, the officen and men very generally were in the eastern side oT the Tort, under the protection of the parapet next the enemy. Judge Witherell testifies, that he saw me on the fifteenth, during the cannonade, near one of our bat- teries, when, from all he saw, I was cool and collected. I believe, Gentlemen, I have now collected and presented to you in connection, every syllable of the testimony which has been offered in suppwt of the specifications under this charge which relate to my personal appearance and deportment, ^uch parts of the testimony as have the most bearing, I have endea- voured to repetft in the witnesses' own words, and have done it with as much accuracy as the notes taken by my counsel would permit. Before, Gentlemen, I proceed further on the exami- nation of this testimony, allow me to lay before you an extract from an author of gre^t respectability, contain- ing rules not inappUcabte to the present occasion, bj which the credibility of a witness ought to be tested* " A witness," says Mr. Tytl^r, in his essay on Mi- litary Law, " who amplifies his testimony, unneces- ** sarily enlarging upcm circumstances unfavourable lo " a party ; who seems to be gratified by the opportii» ''nity <^fumislung condemnatory evidence, or manij^ V % I f'-X *-' .•♦«. ' i:,'*! !*.,•%>..( n 192 DEFENCE OF " festly betrays ptussion or pr^udice in the BUbstance of " his testimony, or in the manner of delivering it, is " to be listened to with-suspicion of his veracity. If ^ a witness," the author adds, '* takes upon him to re- '** member with the greatest minuteness all the cir- " cumstances €i a transaction long since passed, and ** which are of a frivolous nature, and not likely to ** dwell on the memory, his testimony is thereby ren- " dered very suspicious.** X s. ( -f 5i, • I ask the members to test the testimony which has been given i^ainst me by these rules. Were thert not many of the witnes»es who amplified their testi- mony, and unnecessarily enlai^ed upon circumstances unfavourable to me; who seemed to be gratified by the opportunity of furnishing condemnatory evidence? I appeal to the Court to judge of the manner in which the testimony of some of the witnesses was delivered, and whether they did not betray a warmth, that could not leave them free from a suspicion of strong preju- dice or bias ? Major Snelling has certainly taken upon himself to remember with the greatest minuteness circum- stances of a frivolous nature. He remembered that my cheeks were swelled with the tobacco I put in my mouth. He remembered that my neckcloth and vest were soiled, and the tobacco was distributed about my face. And when his examination was read over to him, his recollection was so extremely accurate as to the most minute circumstance, that he insisted rr": GENERAL HULL. 193 that vfhht had' M^ ^inltlea,' lihould be so corrected, ftS to read that it was the lower part of my ftice yirhicli was soiled. Though, on this particular, he is contra^-* dieted by colonel Van Horn, who it appears was no less observing of minute circumstances, and whose memory is not less tenacious of hem. Colonel Van Horn recollects, and has been very particular in stating, Uiat there was a mark made by the tobacco over one of my eyes. He mm so very minute as to observe, that it was over my left eye, though I be- lieve it is not so recorded iu 1*9 testimony. Mfyor 3nelling's correction, with respect to the situation of the tobacco on my face, will not appear in the record of his testimony. But it will be broiight to the remembrance of the Coiirt, by my reminding them, that when miyor Snelling proposed the alterr- tion in the record, so as ^o state4hat he meant to have spoken only of the lower part of my face, I olgected to it» being altered in the minutes, a-id wished that it nilgbt appear from the record of the evidence, that this was a correction of his. But, dentlemen, the (pinion of mtyor Snelling that I was under the influence of personal fear, as well as the same opinion of other witcesses, wh have very nearly followed his words in their description, is formed, as they avow, from my appearance, and from my situation and conduct in the fort. 18 •' ■'^''^': m DEFENCE OF A correct and certain judgment of the emotions of the mind from indications of the countenance, or from mere personal aprearances, can hardly ever be formed. And it must be infinitely difficult to do so when fa- tigue, anxiety, and a great responsibility may, all at the same time, be producing their effect. Miyor Scelling, though a veiy young gentleman, it is to be presumed has great acquirements, and it would seem from his testimony, that the human pas- sions have been the olgects of his study. He intro- duces his testimony on this point, with these words : *' I have been taught to believe that there are certain " human passions which are indicated by appearances, ** and the appearance of general Hull, in my mind, " indicated fear.*» I hope that these professions of major Snelling will not give his opinion an undue weight, because he has not told us in what school he acquired his science in physiognomy. Nor has he givien us the rules by which, when the mind may be under various excite- ments, he can distinguish the appearances 'which will indicate the prevalence of one over the other. MtQor Snelling, I have no doubt, when he gains niore^age and experience, will find that the indica- tions of appearances in respect to the human nilnd are fallacious. Hifl own case may afford an evidence of it. vfllh>i , . _'.N, GENERAL HULL. 105 ^ I myself^ and many nvho heard his testimony, and that of many other of the nvitnesseSj and marked the manner of it, I'^^t^^ that they manifested great pa8< sion and prcgudipe against me;, that they sesmed gra- tified with the q[>portunity of furnishing condemnato- ry evidence. These appearances may Iiave been fal- lacious, but if they were so, it is strong evidence that tlie most erroneous conclusions may fcte drawn from expressions of countenance, tone of voice, and eager- ness of manner. I beg it may be observed, that most of the witnes- ses, except major Snelling, who have given their tes- timpny 9n this, point, did not see me in the "ort, till after the.;|iag| w||i8 hoisted, when there was of course a cessation of hostilities, nor till after I returned from the t?! ' The witnesses have oil endeavoured to impress c > JEiinds.xtf the, Couri, Uiat I intended in all events U< >uaKe an unconditional surrender. If this were the ca(^, where was the occasion for personal fear, after I had invited, by the flag, a negotiation, and hi'd stop- ped the enemy's fire ? Miyor Jessup says, t!iat when he saw me before the capitulation was signed, I ap- peared greatly agitated, but that afterwards I was en- tirely composed. And yet, as major Jessup did not see me in the fort on the sixteenth, till after the nego- tiation was commenced, there was no more ground for agitation from personal fear, when he saw me on that day previously to the capitulation, than there was after that event. 106 BSFENfEOP There is r part of migor Jessnp-s tefltimoiqr, wlii^ is certalnl J worthy of remark. His power-of j^id|^ of the liunian passions from appearances is even^ivpe- riom* to nuyor Spelling's) beeause* from hk4eitinmqr* it seems he can perceive the appeuanees^ when the object is at some disiiance. He states, that when he and Mr. Dugan saw me on h<Mrseback, on the fifteenth, I appeared to be frightened, (me of them said, we must «heer him ap; we then approached him, says the wit- nesti, and spoke to him; he appeared pale, &e. 80 that they had, according to this testimony, pere^ved that I was frig'titened, while t was <m horseback, ic the face of the enemy*^ fire, and before* they- had i^ iiroached me, or spoke to me. a W!'. I do not deny that on the nuMnii^ ef thei^xteenth I was greatly agitated. My body was wwn^th fa- tigue, and my mind was filled with the deepest anxiety. On the one hand, I well knew tibe cimseqiKiBeM of a surrender. I knew how unfortuni^ it was for my country, that I should be obliged to yield. X saw the consequences to myself, I knew that the disappoint- ment of the high expectations which had been raised^ would be charged to me. And that all the faults of others, to which, in fact, th» failure of the expedition was owing, would be laid at my door. I saw too, what was intended to be the effect of the q>po8ition of my officers to a measure, they knew I must, or would pursue. In proportion as they fjund me decided <m this final step, they became insolent in their opposi> tioo, and were most so when it was ascertained, that '? c •*w-' GENEll&Ii HtJlji. 1») Unopgr* lentiw henlie fteentb) fvemuft thewit- te. 80 ircelved nek, i& iMil vp- witll-fc- icM of a ► for my 3L saw the sappoint- mraiscdy faults of Kpedition •aw too, osition of or would Bcided <m ir opposi- ned, that thej would not me«t the cneni]^, and could not be punished by me. They foresaw, that great reputation was to be'purehased at so cheap a rate, al appearing highly averse to the surrender, and afterward pub- lishiQg to the world all they said and did, as evidence of ^ny criminality and tiieir own heroism. WLlle all these considerations enlisted eVery pri' vate feeding against the surrender; my mind watf agi- tated by the opposite demands of duty. The dread- ful cop.&equence of unsuccessful resistance, or indeed, of any thing less than a most decisive victory, f Hed my thoughts. Ic ^he midst of a people, among whom I had lived so long, as to be known to almost every inhabitant, all of whom looked to me for protection, and many of whom had sought safety in th^ fort; I could not reflect on the horroursof a general massacre, which would have been the consequence of a defeat, without emotion. He, who in such a situation, could have been perfectly tranquil, whose appearances should have discovered no agitation, must have been either less, or more than man. He must have been denied the sensibilities common to our nature, or been endowed with faculties more than human. When the Court considers my situation, how many c&j?«Hi there were to excite strong emotion, will they believe ihat the witnesses, who have testified on this point, were capable of such diiscriminavion, as would enable them to ascertain, that the appearances which they have described, proceeded from personal fear ? 18* ^- fd8 Bil^EN^ OP M i^or S^elHiig ^tofeHed to IhaVe been instructed id this branch cf scleii^e. But captain Mac Commick, who wasiiotlntliefoiit till after Findlay*s regiment liid inareli4d'in,' made no such pretenBions. He ap^ peared to ftMnid his jtld^ment on his 5i»itural instinct, and indeed he did right not to make a claim, vrhich was beyond' the first stage of civilization; to which iilik, iiotwit!istanding his tawdry regimentals, it was evii^nf he twlonged. "^ r Several or the witnesses haVe given their opinion 6n this sul^ect, with less confidence, and some quali- ficati(Ais. Colonel Van Horn has admitted that care teiiA MJtia^ might have added to the appearances which he descnttied. His belief, however, as to what related to personal fdar, ho says, he formed flrom a cfnnpaHson of faces, by which he judged, that mine in^cat^ fear. ■■">■-"'' .'y. .,■ . % • • I believe, Bir, that in the comparison of counte- liances, wheii I was if.arrOunded by my officers at the time of the surrender, a vast difference might have l^h observed, between the expression of [many of tlieirs and mine. If my countmiande expressed what I felt, it must have shewn traces of the painfiul anxiety by which I had been oppressed, >tnd marks of tiie deepest regret for the measures I had been obliged to pnreiie; while other faces might perhaps have beamed with the exultation, which the minds of some can feel, when they look upon what they may think a fallen man* '"^^ " GENERAL HULL. 199* Possibly, there mqic have been aroand me, thoee ivho felt, and whose countenancei expressed a joy, that by the cap! liil..iion, th^ had purchased personal security, and avoided a bloody contest, at the expense, as they supposed, of my character and honour. General Taylor also concluded from^«| appear- ance that I was under the influence of personal fear. He gived you the grounds, on which he drew hia conclusion. They are, that I appeared thoughtful, and very low spirited; — ^that my countenance was dull, and chat he saW about me more of the marks of tobacco, than was consistent with neatness. Are these grounds which will warrant a conclusion, that is to affect the ^ iTe of a man ? As to what has been said on thiii disgusting sulgect of the tobacco, I will dismiss it as to all the witnesses, with a reference to the testimony of colonel Miller, who proves, that I had a habit, which might have produced all the ap- pearances, which the wt^-nesses say my chewing had produced. It is known, thi^ where t^ere is a habit of using tobacco, it is commonly, unconsciously, taken ,to excess, whenever the mind is much occupied. Even the excitemait that some of the witnesses, who use tobacco, felt, while they were under examination, deluged this floor with theik' expectorations. I - Major Mimson saw me in the fort, fifteen minutes after the officers were killed. He does not recollect, that the cannonade tlien continued ; but I beg the Court to remark, t|)at he speaks of a time, to which ^t,i ¥ » 1 200 DEFEKOE OF the testimony of many of the oAoen whobavA spoken of my personal appearance, must refer. He says, he saw nt^hing which might not have been accounted for, without resmting to the supposition of personal fear. CapiyjIJAaxvell did not see me <m the sixteenth, but on the fifteenth he saw me in a situation, where I was exposed to the fire of the enemy. He says that I was collected and cool. He informs you, why he was induced to notice my appearance, and his testi- mony is of some importance, because it shews, that as early as the retreat Ljm Canada, my pfiicers had begun to propagate imputations on my courage; and because his testimony must relate to the same time, when migor Jessup says, he saw me on horseback, and observed such strong in^ations of fear. If, Sir, the opinions of these two witnesses are in opposition, the Court must determine, whether they will rely on the veteran, who has been twenty-three times engaged with the enemies of his country, or the young gentle- man who, at tilie tiine he speaks of, was about twenty- five years of age, and who knew no more of battles, than what he had heard or learned from books. The testimony of judge Witherell, wHo was a revolutionary officer, who also saw me on the evening of the fifteenth, is likewise in opposition to ihe testimony of mi^or Jessup. Captain Bac an says, I was much agitated on the morning of the sixteenth, but that he had no suspicion .^rr; GENERAL HULL. 201 it was perMoal fear; neither did he hear such a suspi- dOB expressed by any of the officers. Tiie deposition of nuuor Anderson, I have not been able to pvooure in time, to submit to my counsel, pre- vkmsly to my defence being closed. It is very inn pcHrtant, not only aa it respects the point now under consideration^ but the Court vili jind, that there is a great variation tbeiween his testimony, and that of general Mac Arthur, ixt relation to the fortification at Sandwich, but aa t would not ask another postpone- ment of the Court, for the sake of making any further QlNWB|rati(qi|s on thft teirtimony of major Anderson, I must reiyiqwiklhe Court to examine his depoaition, apd^tOfSiva hia toatimony ita^ua /freight. iiS^^ '.*■>', ■ - ■ ,, ■ ■ . ■ - ■ - TlKve are acMiie of the witnesses who have given ftjuora naked. e|iinion^ that I was under the influence of p«nj»Qld fiear^ without assigning any reasons for their ofMnion, whose testimony I riiall not notice. It is impossible it can have any influence in the minds of the Court. ^4 '^ Mitfor JesBup said, that whether the sgitatitm which he described, proceeded from the novelty of my situ* ation, or fear, he could not say, but he believed the latter, if not both. Captain Baker said, he was of opinion, that I was under the influence of fear, as he could not account for the surrender in any other way. This explanation of captain Baker may afford a key to much of the testimony on this point. He, like 202 DEFENCE OF manj other d* the ofiicen, thought the surrender un* nbcessaiy. They did not concern themselves with considerations of what might be the consequences of resistance. X^^y therefore saw no other motive for the step I had taken, than my own fears. Tliey therefore, when questioned on tliis point, said, they thought I was under the influence of personal fear, because I surrendered. (if I beg the Court to note, that colonel Miller^s an- swer to the interrogatory put to him on this subject, is to the same effect, although he was stationed in the fort, and I had been in his sight wheoever I was in tlMfcHres8,frem the commencementof the cannonade, till the surrender. ' He says, he saw no conduot of mine, which might ,not have proceeded from fatigue, and the responsibility of. my situation, and that he could mention no act of mine, which he did then, at does now, in^iute to personal fear, but the suiraider; and "yet colonel Miller had better opportunities of ob- serving me, than any other witness. He was an older, and a more experienced soldier, than aijy who have given their testimony ; many of whom heard the re- port of an enemy's gun for the first, at the time to which their testimony rentes. ■*:. ■ If, Gentlemen, your decision upon this point could rest upon the weight of the opinions given by the witnesses called by the Judge Advocate, the prepon- derance would be in my favour. The opinions of colonel Miller, he having been placed in a situation ^■,>--t-^, ,|Mtij^» HHIwwW— «« GENERAL HULL. 203 \^hic^ gave him such superiour advantages for con- tinual deliberate observation, must deserve more re- spect, than the testimony oT all the inexperienced aqd young men, who only saw me occasionally, on the morning of the sixteenth, and who have attempted to support this charge by their opinions. 80 far as any of the witnesses have founded their opinion, that I was under the influence of personal fear, from the act of surrender, as is the case with colonel Miller, and captain Baker, and others, their testimony can have no weight. The Court have the same opportunity of drawing a conclusion from that fact, that they had. I have endeavoured to satisfy the Court, that that act was justifiable, or at least, that I had strong reasons for thinking it'so, and if this were the case, it cannot be made the ground of con- demnation, because witnesses may have made it the foundation of their opinion of my want of courage. - But, Gentlemen, there is no example of the opinion of witnesses on this subject, ever having been re- ceived as evidence on which to ground a conviction. Expressions of the human*countenance, and the man- ners of men, are but fallible indications of the work- ings of the human mind. The difference in appear- ances, produced by the excitements of different pas- sions, are too subtle, to admit of observations, from which any certain conclusions maybe drawn— much depaids upon constitution, and often much upon the temporary physical condition of the body. ifj;j^<jjg:r;>V*E'rt>s-'r'" -^L_.^.. . "^ i F * 204 DEFENCE OP A man, worn vrith fatigue df body or mind, and presied with a thouMnd dreadful anxieties, may, tliougii on the point of Inevitable destruction, forget his own fate, and he moved only by the condition of those around him, vrhile the superficial observer would impute his agitation to the dread of death. The uneducated spectator, who has not been taught, as nii^or Snelling has been, the indications of the human passions, would most probably see, in the countenance and manner of the Laocoon, only expressions of terror and bodily pain; and would not understand, that the artist has expressed, in the countenance and convul* sive agitation of a dying father, agony of mind ex- cited by the torture of his expiring children. There never has been, and in justice^ never can be a conviction, under this charge of cowardice, but where a want of courage is indicated, by the onUssicn, or commission of some act in violation of the duty of the person, against whom the charge is made. , I shall conclude my observations upon that part of the evidence, which relates to my personal appear- ance, with some extracts fVom an English historian, who gives an account of the trial of Lord George Sackville, who was tried for misccmduct at the battle of Minden. Dr. Smollet having stated, that some testimony was given to prove, that when certain or- ders were delivered to Lord George, he was alarmed in a very great degree, and seemed in the utmost confusion; subjoins remarksr from which the foUow- «, « / «i «^ \ tf i f,l QIimili« IVtX. kii aie.titrMU*) ** The ««mM raider ivill oTMrnielf ** dotormiae, whetlMr a iiMii*t htmi it to be JMtgeA *' b7 aqy ohuge of hk wyl w r fe ii. GnrnMag laoh m- " change to have happened, whether it was likely, ** that an oAcer, who Jiad been UMwe than once in " aetoal lerriee, and behaved without leproaeh, to at *' to attain an eminent rank in the anny, ilioald ex- ^ hibit •ymptouM of fear or confuekMi, when in reality ^ there was no appeaance of danger. (( <( (( u (( <( <( {« C( (i ,*(' With respect to the impntation of eawitfdico le- velled at Lord George, by the unthinking mnltif ide^ and circulated with such industry and clanioar, we ought to c<Mwider it as a mob accusation, which the bravest of men, even the great Duke of Marlborough could not escape. We ought io view it as a dan- gerous, suspicion, which strikes. at the root of cha- racter, and may blast that honour in a moment,^ which the soldier has acquired, in a long course of painful services, and at the continual haxafd of his life. We ought to distrust it as a malignant charge, altogether inconsistent with the former conduct of the person accused.** rif The testimony of some of the witneines appears io have been intended to prove, that I manifested a want of courage, by certain acts during the cannon- ade, as well on the fifteenth as on the sis .c<'itb« These are, that on the fifteenth, I dismounteik and went towards the fort, when a shot strack a house 19 2im 0fir£NCB em »i Umik » »oi d« A a iheH ^rlneb ai^eajyd to !» »•■! ag iattt th» fert ; and tM 1 >Mii^M^ io Ihe foit ift a i^uB* ef leewBifyv duriag the camanade. IfedoM i^sear Uy nie» Gmitieiiiea, that if all theie foctt veie ffinctfy a» tha witnaMct nvould yaak thtm to appauv th«]r would aot si^ipart angr chaige. '•*' i-a If I fiouod myndf aBDeQesawiijr aspoaBd to tiba shot ci the enemy by being on hwseback, was it not my da^to disBWimt ?. Is it to be eoasidereda deralwtion oi dnlgr kt an officer, to aaioid the ex{dosion of a shell ? Or is it wyaBti^able in a Gommanderf wheB> in a for- tress- that is bombarded^ to pid h&msetf ia a place of securitgr, provided he be in such sstoatiour as that be may give his orders, and perfimn the necessaiy duty of his statk» ? Joining from what I have seen, of ser- vice, withi ite bravest mea our countiy ever pn> daced* I magr venture to say, that tiia Caiirt would uiswer ttiese questions iu the negate. But yet I must ask the patienoe of the Court while I give the testimony which has been offered oni one of these p(dnt8, (that is to say,) my remaiidag i» flie fMt, and ray situati(m there, a slight exandnatioa. The ethers I do not tfahdcrHOTttiy my attanftiiBM. Mi||or SaeHhigwenHiitotiia fort when he rotunied on the mondng of the siacteenth finm Spriag Wells. He was roused from a repose, alter having been at a post all night, by the conuDMneemratiof :Hie umnon- ade. He remained there tlU after the flag went out, •■,^,iV.>'-'' OffiSRJ^ mCL. 20V ^Inh h6 vim mai t«4A «iiIm« M cMmmI ^•dtey's fvgiiiwiit. ite appMft to have wttrwdi toill»M i^nte) vlMni tto ^ttttt' ^Mnfl 'Ite -ilfitiik ^tiHotii9^vi9iit iiito<o«plafai Dysett^ ^putenk In idiort, ni(|or SneH- iag-^fus in Uw figirty^iMWMdiiig 'to hb aooMBt^^hlring ■9»i naliliiw IMtMrlMnf^i maMillnd te, wMi Um ex- ee|itloB,«f a Toy idtoit i irt w v al between tl^ sending «r tin Iftg wid tfie fml sttrrender. Kow, daring the time of the cannonade, mi^M fitaicllingflairjme stand- ing bat once. His memoijr is so extremely tenacioos «f <^ m i natos t « im MM > te nc es^ even of a firlvirfiNis watoie, liMt lie mVA imiAf tudxM as.a posiH^ity, that t tnay tew risen twiee* Tlie words of mio^i'^iMUing M«4 / :v;.' ■■"■' "'^' «^i^«s|^* ■ ■ - ■ . : ■ • ■ 4Mt « During tte camnenade, I freqoently sa:# flie Ck* **neral. I <mee saw liim standing; he m%ht have ** liien twice Jf hmmk of tte time te was sitting on an « old t«nt, onder tte MMlate^iif tte fMt, opiposito the ^enemy^baiteries.'* <*' ' ■W Wtetter I w«s rtttittg or standing in (te situation 'whieli oH^or Sn^ing detdibesyis iaunateilal. I Bhoold teve been equaUy safe in fitter tMsition. > It Is, tiierefore, extraorffinaiy tiutt so uninpiNrtant a cir- cnnutaHce idioidd teve BMde snoh a iavHng impres- tion on Ids Bdttd^ The testunony, lioweTer, of tte other witnesses called by ttie lo^ Advocate does not ai^ar to cor- respond with tte recollectiDn of mi^jor Snelling. 2M 9BPfillCSO# : \ ■^ie '.0enfiS^ 9riiy|or*i testioioBy it certiioly Wtfrtliy fif immik- H,anP«|in, tiiijt itiwuKli miyor SnelUag thmpglM» HmtmgitaimBigtk ^mMmm^r coy^r 4]f.tlM pai&pet of tile loKk dudng t\f9 paniMMiaiie w^w .«¥ideaee of epDr|giHftBy ^yet ti^yir Ji i yf ^ii y, Mi»<y» it feenw^ ^ugh^'^ ^?«»M JtiMSIp^to>«¥ji#ikiniiilffof^^t^ reiy iaiiM(r|ni(4«0Uiiii. G«iieifd TajiIok #ar«» be ffkw mar jor Snelling, asvWjeil as aamyjoih^t of the ofllcon, i9 the same situation that I generally occupied) during CaeMA B«I(eri si^ra, <« «| 4l|0 jo^faiBg ofv the li^ " teenth, during the eann<Miade, I saw ^ Ctonevalip " the f<Mt, sometinMp sittii^;, sometimes walking, and " sometimes etmi^ogi'* Colonel AfiUer also states, that I ^was sometimes sitting, semetiBMB alaadiiii^, a&d sf^mttinMs walliliig* •H *'t .'«?!■/« m'Ar- iiih-iHii% iemid«iiig»pi!tois4y in OM sil)iatifmrdi|rii|g t^^^^^ noDade» if I bad W Hv MMltd hy. an ,ipdue .. regiwd to personal safi^il^ Fot it ^pipouoh ^^ the whole ^^■ipteni side of the fort was as secure in one part as ; another.' .If Uiere w«fe any reas(Hia for giving ptafior- M^e to tlie spot ^iRhwe; the witnesses say I was. sit* .^g, it isj that it was new the gate, a situaticm where I could easily be laund^ and. where it was most conr renient, as cokmel Miller has testified, to receive re- ports, and to give my orders. . From tl4s post, I had the whole interiour of the fort under my view, and could communicate my or* OMEltAt ttULL. 209 den to toy part Wu I not then in & pnpet situa- tion for a commander? Tlie Court will recollect, that colonel Miller states^ that he biliMelf Krasftime^ times with me, while I was in the place the witnesses have described. And the fact is, that eveij ofBceir in the fort placed himself under tihe protection of the eastern parapet, when hb duty did not require that he should be in a more exposed situation. r But it has been attempted to prove, that I remained in the fort, and took no measures, and issued no co- ders for a disposition of the troops, after the cannon- ade commenced. Mi^or Jessup states, that shortly after the answer had been returned to the British summons on the fif- teenth, he met me on horseback, and that I then gave him directions tor the disposition which was to be made of tiie troops, for thd defence of the town. It is also proved by the testimony of nuyor Jessup, that itttibto evening of the fifteenth, I was on horseback, visiting the batteries while the cannonade continued. Mi^r Monson met me on the same evening on horseback, when I was visiting the posts. Migor Jessup said, he msi me on the night of the fifteenth, at about midnight, at the position which colonel Find- lay's corps had taken up for that night I was also, as he testifies, at his quarters about day break on the morning of the sixteenth, while he was writing by- candle light, and gave him directions to despatch an 10* 210 DEFENCE OF order for colonels Mac Artlmr and Casiu. And cap* tain Mac Commick testitteft, that he saw me r x hone- i»ack at the time on which the troops were formed, a short time be^ire the firing ceased. Several other witnesses proved tibat they saw me out of the fort at several times, as mAl on the fifteenth, as the sixteenth. What fonnda*? nd is there, therefore, for the charge, that during ti^e i"hole .time of the cannonade I took shelter in th fo^ ' i M^jor Snelling's testimony is so important, as to my personal appearance, that I cannot but direct the attention fX the Court to any circumstance in his tes- timony on any other point, which i think may de- velop the leqpirit or disposition with which he has testified. With this view, I beg the Court to notice, that nuyor Snelling has testUled, that when he re- turned from the Spring Wells, on the morning of the sixteenth, at dawn of day, he went into the fort to make his repwt to me. *' But,'' says the mi^or, ** I "could not find the General,. nor , find any one wbp " knew where he was." It has been, proved by other witnesses, that I was out of the fort at that time. Now, when ms^or Snelling could not find me in the fwt, nor find any body that knew I was thore,. it seems to me, he might have ventured to say, I was not inthefiNTt at tiiai time. 1 do think, he ha^ at leaiit as good groynds to draw tl^at .conclusion, as lie had to. infer, that I was under personal fear, from the appearances be observed. Miyor Snelling does, in a snbiequent part of his examination, say, that I was aSl^ERAL RULt. 211 out 6f the fort early thai moming. But whether this refers to the time when- he made his report or not, I do not know. I have now, Gentlemen, done with this charge, so far as it respects my personal appearance and deport- ment You, who I am to presume, and do believ) are brave and honourable men, will judge of what I must have suffered, to have sat here day after day, listening to imputations, of all others the most wound- ing to the feelings of a soldieir ; to have these impu- tations cast upon me, by representations intenided to nu^e .me appear abjectly and disgustingly base; to be obliged to hear my name and fame polluted by the testimony which has been given ; to be obliged to repeat the language of the witnesses in my defence, arqin themselves punishments hardly inferiour to that, which would be the consequence of your pronounc- ing me guilty. But, Gentlemen, <^ that, upon this charge- of cowardice, I am bold to say I have no dread. I have fought more battles, than many of the young men who have inqieacbed me of this crime, have numbered years. .;* . I appeal to the history that bears record of those who were engaged in the bloody contests for our liberties. There you shall often find my tumey but not Mil coward! I sv 212 BEPENOB OF I have IwcMBght befiora you tlie iettf jnony of the feir who remain of tlioie, who were my eompankmB in arnit, in timet that tried men's soub. Do they say I am a coward? « I inyoke the epirits of the departed hemeti, i^ho have died at my 9ide by the sword of the enemy, to say if I aiiik a co\rard! I would call the sibades of Oates, Wayne, Svlouyler, and of Washington, $:o tell you how often they have ted me to battle, and to say if they found me a cowitrd. Wi!! yon believe, that the Bpiri'% which b^s s<i ■iSS.^\\ prompted me to risk my life for m^ couaitry, 8hi>utM n'^^>\^ir so far have forsaiten me, as that I sh(Ndd have: i^e'^dme a trdUnr voA. a coward ? Will you believe, tliat the years in ^liieh I have grown gny in my countiy's service, siumld so far iiave changed' my nature, as that I could have been the base and atgect thing my enemies have repre* sented? No, Gent*:men, that blood which animated m^ youth, age has not chilled. I at this mraient feel its influence, and it makes me dare to say, that no man ever did, or can think me a coward. Before I conclude, permit me to say a few words. It may be thought, that I have spoken of the officers «*. mim9<^*'' / / OSNfiRAL HWLt/ 213 Who bar* been wHneiaeB againil me* with too nmch asperitjr. They have, in my opinion, forfeited all elainu to my respect; but I do not mean to charge any of them with wilful peijuiy. I beUe^e they liaTe imbibed a pr^udice and bias against me, wliich has influenced the pwceptt(»s of thek own minds. i;**-^- My ol^ect, by the examinati<m I have ^ven their testimony, has been to make that bias and pr^dice appear to you. Many of them ue yoimg men, who give their country great promise. Many of tliem, I beiieTe, have good hearts ; and Such I know will one day regret, that they should have yielded to an in- fluence, which has induced them to represent me in cohNVs that they will be conscious I have not de- served. I know the time will come^ when they will consider how they courted my favour when I was in power, and how they treated me when they thought . I was in d *giace, and saw roe in adversity. W^n that fame cmnes, as come I am sure it will, let it be a consolation to them to know, that what- ever may be my fate, I pity and from my heart for- give them. I have now. Gentlemen, concluded my ditfeM I have noticed every accusation which the Judge Advocate, in the opening of the cause, mentioned as those which he should rely upon, and which he ex- pected to maintain. ' ; m i2M DEFEKCfi OF . I h«n Mi left, u I b eMif ygi wmf fwrt •€ the sped- AealioM to whish My tetUoMNiy wbatoTer wm oflb^ AlkMrnw, itr. PmMent, mmI OenUemen of Mm Court, ffith Am nKwt JmcbMbIC Miirifalllty to Ntom jrooriny lineere thankm for the niMuier in whtoh this trid hM beeii«oiidaetod. For tboagb, m I tanibly coBcilve, there hM beea mum departore fipon aocos- tomdl finrnu, id refpoet to the tamfawlkmof nit* /WMw, I luMm that the 0«nt haa hem fovemed Iqr B0tUi^( but its own aeaae of peapito^. The eondnct of the memhen of thia Court, and of the Jndge Adiroeetet, has been aneh aa I Fiad antici- pated; end eveiy ibia^ that I eoadd expect flmn hoBoiiraUe, imputial, and hwnane nen. Wliaterer may be the sentence, I shaH always * with gratitude acknowledge tliat I liaye had a fair, candid, and patient hearing. I do feel n^seif bound to nuke partieolar acknowifi gB i entB to the qiecial Judge Advocate, for tlM delicfifty ■*(! propriety of hk|fl|pportment towards me, and tisoogh I may fee! tiilplorce of the talents with which he has ctMiduoted this pposecutioii, it shall not make me forget what I owe to his humanity' and liberality. Gentlemen, my life is in your hands. But yon are guardians of what is more dear to me; you are the guardians of my honour ! with yon in sacred deposite :)if. ■A GBKISRAL HCTLL. 215 is that iwoid, which lias heen my eompanioii in timei tliat might Imyc appalled the weali hearted. It has be^n ti^en ftom me, till you shall proiMNmae ttiat I am iM< miworthy to wear it I feel, that in justice, I vofj demand it of you. And when I shall receive it at yonr hands, believe me, that here is yet enough of heart and life, and in this arm is yet nerve enough, to draw it in vindication of niy country's rights. If 1 should receive it, imtarviuftfif by your judgment, I may yet live, to prov9 by my future, as Well as by my nast conduct, how I have been cakmh ,niakdy and the justkit eS your witmee. '^7 h ■mr: '■•r, K7'^^'■■^.^t_.^ :s --^-A^' >^r'-^''-'jii,i^f''