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Les diagrammes suivants illustrent la mithode. rrata to pelure, 1 & I pages may H 32X 1 2 3 1 2 3 4 5 6 ' I #■ 1 REPORT •t THE TRIAL BRIG. GENERAL WILLIAM HULL? COMMANDING ov Tax "^ UNITBD STATES. COURT MAi&TIjLL HELD Af ALBAMT ON MONBAT, 3d JAKUABT, 1814, Am I '^^^ 8U€CEEDIN6 BATS. OF THE FORTT-SECOND BEGT. U. S. INFANTRY, AND A SUPERNUMERARY MEMBER OP THE COURT. NEW-YOBI^v PVBXiamUl BT XASTBVBN>>^ilt^y AND CO. AT T«S tlXlKABT SOOHB, COHirXK OV WA» Jifl9 KAStAr-tmietTI. • • • iiii4. ( I ti i m fAAP 3 Si. I HI Ht 3C=: ■*» MAI AH» BOWBK. raiKTZBS ■I' -1 ■ ■ - c •.. . .*•. X3, Fletcher Street. B» IT Bnoonian, that on the tweaty-fifth d«7 of Jaly, in the thlrty^lmth year of the bdep^ndenoe of the' United States of Amenea. Eaatbum. KA & Co. of the said District, have deposited (t.s)«th« office the title ofa book, the right wheieof tbeydWm M propnetofs, in the words and figotes followiag, to wit • "Report of the Trial of Brigadier General WiUiamHuUicomniaiid. uig the North-Westem army of the United Sutes. By a Court Martial rlnl f*7n!r ^^^' ^ '~"^' "*^ ^ .ucceeding day.. Tdten by Lieut Col Forbes, of the 43d regiment United StateiMto. andaSupemumeiaryllemberoftheCoart'* « A«T^?*?Jl*** ^^' '^^ Oongtessefthe Unitel States. entitled Ma^ ^i^' *^^^J«»»»8«»»t of Learning, by securing the xepie. of J^ps. Charts. and Book. to the authors and ptoprieto«^«,^ie^ duruigthetunethewinmentioned.- And aUoto Aa Act. entitleHS Act,.upplanentaiyt6 An Act. entitled An Act fcr the enLra«*entoC le^mng. by securing thecopiesofnwp^ charto «.dlH)ototo^^li^ ^ Pjjpnetors of .uch copies, during the times thereh. mentioned, and extending the benefits thereof to the arU of deslminr attn»^^ etq^ghistorictlandotherpriHs." "" *" ***^* "«~^» «* THEBCW'KUZai^ ' Cleik of the District of Hew^otic. INTRODUCTION. In |resenting to die public a report of the TrW a£ WiUiam Hull, Esq. late a Brigadier General in the serWcc df the United States, it wiU not, 1 hope, be expected* that I should offer any thing of my own, in illustration of the proceedings in justification of the government^ or in crim- inating or exculpating Mr. HuU. These duties have beep committed to abler ^ands; my efforts have been studiously ai^lied to collect a comet aad impartial transcript of the whole proceedings taken at first, with a view of elucidating the evidence for my own gpvemance, should I have been called upon to pronounce sentence. That unpleasant task did not, however, devolve upon me ; I therefore beg leave to submit the following sheets as «» A Report of the Pro* " ceedings of a Court Martial h^ld at Albany, for the "Trial of Brigadier General WiUiam Hull of the Army «« of the United States." '^ ' A trial which has etcited such a lively interest with the public, was certainly entitled to my greatest attemicn ; although this has been as far applied to it as was consistent with other duties, yet I am aware that imperfections may be discovered irt the collection and arrangement, and crave the indulgence of the public accordingly, in su|i>mi^iiie ttnong others, the following reasons, viz : General HuU would not listen to any proposals for the cqpy of the defence, which made an application to the war department for it necessary, whence it waa most readily granted. The obliging promise of the Special Judge Advocate td furnish his opening and summing up, has from some inad- vertence, not yet been complied with, and is no doubt de- lated from the multiplicity of his avacatiojDs. Af ^ publication of the proceeding, can no longer be withheld, in TT *°ru P""'*^ "P^^^^^ion, those productions, .o worthy of hiim may, on their arrivsa, foi-m an additional ^ appendix. In thus apologising for the imgular order in which the work appears, I have to regret moreover, that I did not rtjkt down verbatim the summiag up by the Honourable iv^"* A ^T' ** ^*=*»* J"^** AdToeate, the «b,l«y and perspxuity displayed by birt Wttetnporanionslr, on a«occa«on so novel to Mm, excited, I can vtn«« to *ay, tht admiration of one of the most mmieroua and ria- -pectable audiences that ever attemfcd a court martid in th^ \Jtnt6d States. JA1M£S G. FORBES, «,, ,,^ ., 3Li*u(i.Col.42dU.S. Inf. ft£^£RENGE& Address by Brig. Gen. HuU, Examination of Witnesses on the part of the Prosecution Examination on the part of the Accused, Charges against Brig. Gen. Hull Appendix, Documents op the part of the Accused- Appendix No» 2, Documents on the part of the United States, Appendix No. 2, ^ Page 16 Pagfciai P<»' t ,0X Mondig^ the Sd of January 1814, the Members de- tailed by the General orders of the 17th Nov. 1818, and by subsequent ones to colstitute the Court for the trial of Brig. Gen. HoU (vid. Appendix) assemble at 10 o'elock A. M. at the Columbian Hotel, in Albany, where Brig. Gen. Hull attended, accompanied by an aid de camp. The names of the Members having been called over, the acensed was ask- ed if he objected to any of them~^he replied in the negative, made a short buit impressive speech on the oc- casion, ^declaring his confidence in the honour of the Court surrendered his sword and retired. The members were then sworn, in the order of their rank, and were as follows : Major Gen&ral Heitby Deabbobit, Fnsident, Brisr^en. Joieph Bloomfield. \ fCol. J. R. Fkn%ick, JirtL * Col. Mter Liale, 38M Rest. I jf X-^Jiobert JBorardut 4Ut Lteut. Col. JaHtea Houte, ArtL ( % \ Satmel S. Cemiir ISth -^ Wm. Scott. 'i6th Begt. \ ^ I & B. Davi,, 3Qd '— Wm. Stewart, 38/A do. ' ^— John W. Uvingiton, 4,Ut. * Lt. Col. J. Qi FOBBBs, 42d Reg; Swpeimumerary, Judge Advocate, (special) Mabtix Vawbeuben, Esg* Army Judge Advocate, Phimp S. Pabker, Esq. The Court then determined io adjourn to Wednesday the 6th Inst, to meet at the Senate-Room, in the Court-House, in the Capitol. 2«d dtt^, Wednesday 5th, January, 1814. The court met, pursuant to adjournment, at the Senate Chamber.— Col. Carberry, of the 38th Reg. one of the mem- bers summoned to attend, appeared ', hut, as the Court had neen organized previous to his arrival, was permitted to withdraw. Brig. Gen. Hull appeared ,• and, as the court • Thi» gentleman Uid not take his seat imp] the 6th diy. 'ould not procccd«fbr want of wltneisei, (oaly four haying made (heir appearaooe) again retired. After seYeral propo- sitions for adjonrnnieiit* (he court at length aiyoumed to meet at 10 o'clock A. M. oi Wednesday, the 12th January at the same place. Srd day, Wednesday, 12t/i, January 181^ ' The Court met, pursuant to adjournment— General HnK* ainieared, and proposed that Robert Tilkitaon, Esq. should be admitted as his counsel ; which was a^ed to. The Judge Adrocate acknowledged the receipt of further dooumentai fittm the war department ; bnt could not proceed in the trial* as not more than four wftnesses had made their apiiearanoaa The Court adjourned to meet, at the same place, onThurs- day, the 13th Januai7. *fh day, Thursday, isth, January 1814. , ,',> The Court met at the Senate Chamber, pursuant to ad-^ jouinment. Only Seven witnesses having answered to their names, the cuurC after deliberation, resolved to write tothe Secretary at war for permission to adjourn to such ^kie^ place as the court might think proper, or the President might prescribe, as the proceedings were suspended for want of witnesses — ^Adjourned to Monday 17th January. 5th day, JIfondai/, 17fh Januan/ 1814. The court met pursuant to adjournment— the charges against the prisoner were read ,* (vide Appendix) to whieli (jcn. Hull pleadet^Not Guilty— in the usual form. It was then proposed that C. D. Colden, Esq. should be the additional advocate in behalf of the prisoner, which was granted by the (tuurt. The witnesses not having yet appeared in sufficient number to enable the Judge Advocate to proceed in the trial, tfie court adjourned, to meet in the Hall of the Supreme court, in the Capitol, at 10 o'clock, A. M. on Wednesday the ld(h January. m Hih day, Wednaiay 19th January, 1814. Hw Court met punuant to afQouniineiit— All the members (roteiitr-Geiieral Hull delivered the following ADDRESS. KIR. PRBSroENT AND GENTLEMEN OF THE COURT. Thb court has been pleased to admit that I have a right to tile asibtaBee of oouniel in my trial— JBut it seems to be quei^ioaed to what extent I may avail myself of that assist- anee— .When the members of the court call to mind the na- ture of the charges which are made against me, they must pereeive how deeply the determhiation of this question may flAct me. Among other things, I am charged with treason. The constitution deihies this crime to consist in levying war against the United States, adhering to Iheir enemies, giving them aid and comfort. As often as there have been trials for treason under the constitution, the most eminent Lawyers, as wdl on the bench as at the bar, have differed in some opinions at to what should be considered as evidence of the dots which constitute this high crime. The greatest talents of our country have been exerted and •Khausted in debate on these subjects, and can it be supposed that I, who am ignorant of law as a science, who have no talents for argument, should be able to discuss before you the testi- mony which may be offered under this charge, in a manner that can do justice to myself, or be satisfactory to you. But, Mr. President, the decision of this honourable court on my present application is not only highly interesting to me; but, as it involves an important constitutional question, I can not but think it deeply concerns every member of (he eom- mnnity^^The proceedings of this tribunal will be remembered as long as there is in existence any history of our country. The rank and character of the honourable members of this court will give a weight and sanction to whatever they may determiie ; which will be aprecedent that will licrcafter have the force of authority On this ground, as well as in regard to my own case, I am anxious that the important point noiy before you should be delibei-ately and rightly determined. At«hetani!ttiBg,riMmB»lirei*«iirf|,™rt to ste e ho^ ««. they .»pfw.d tlwir m,a«( t« ,«i,t ^ ^, tended.,, In answering m quertion. wWeh it m. «« „. ^e.«^ woaId.t tl.at Ume ««ur.and veiUUngftom^heSTp.^ what the, bel.e,cJ to have been the pmetfce h, .unibr ««,. .■Voonnsel angered that ibey ehi™«l tt. right to ^ ™«.,ne the v-itnesM, for the prweeutio.. to Swaiw^ ,v.U e.„, and t. .peak „p«. an, ,ne.tj«.,.r,,w •hh*^^ anseinthecottPieof thetrial. Bnt, «r, myjjonnsel u|n« irasiderMiw aw emvhKMt. aiul they have .ati.fled»e, that their elaim «a, tooHmit^*^ dento in the legality and jus.iec of my «],)„, demand Hat *» conn^l may be permitted „ ,pe,i ftj me r\nf,S^ «o«,, e-ther in the ,«g«„ of the ea«»e or it, it. eo^«Z EnlZ "" '"-""l .•» *"y ""e ™.pee, which i. 1^^ L ? • T ""^ '"»™ '~'» »» «»«a>y- Bnt 1 rest the chum I now mal;e ^n mneh fJgher ,„tr«Sty (Tm U«se wnters. I .pp«d »„ a. ,„„„,„^, of t r^Lt" and I »»oke the spirit of reason, justice, and liher^^hM.' has cast off from us those otains which were ri^tTrfm^ he ,nial„tan,s of the eld worM in time, of th* ^■ZlZ^ .ar.sm, ,„d fc; „,rich the writers on the English criS W I cxplam the e,.,ands upon which I Bow make a elaim, «S I have acknowledged is beyond what the rules estab" hed bv hose wnterseo^d admit, 1 beg le.™ to ask the, Si^^ _ ftlie courc, while I examine aswcll the foundation on whfch these rules rest, as their crtent. For upon th™Ia er l«.nt it appeared to me, from what pa^S. thcTsI •::T" h" """"'u'*" """ "•' »»meVereneo of oJ^ on among ti.e men^bcrs. Some gentlemen seemed to Z- .se that my counsel would only have a right to exam"L the wuncsses, others Umt they would ha™ I riBhtXX ...hate any collateral questions whie!. »i„i., If? ^^_'" .'" J«t at present is to show that cren by the practiec'of E^glJ^ R f^tiMitXMMi ud the njies adopted by BngHsh writefs, «i»aw:el liftve a rig^M to spenk on every c^uestioii tint the vMi one, whetlfcr the aoeused be guilty^ or not. I have said vi^4 have none but English anlhorities oW thU sttl^eet, and this is eertah^y trtt#| although a treatise en mar- tial law has been pubtfshed in this unti^ under 4 liighJy ttjspeetabfe name, yet it will be fcand that the work is a |tt#e eom^tion from foreign writers, and that the author has ^^d not only their ideas, but, in most instaiiees, their yery Wopdi, without havhig for a moment reflected how ihr the rules they establi^shed were eonsistent with the rights of personal seeiirity, guaranteed to us by the constitution and lawsofotreonntry; and which. In our estimation, render our i-^oiidition so far superior to that of others of our raee. Ijhiffl therefore confine myself to the examination of tlw En^sh authorities, because, when I have examined these,! ehaH have examined all that has been said by our own wri- tersonthesnl^ect, I must regret, Mr. President, that the researches of my eounsal upon this subject have necessarily been s6 eoni^ned. In the situation \n which we are plaecH, we could onlv have recourse to a few books. i ^ ^M»Art^ur in Us treatise on eonrts martial vol. 2, page *2,say8,«^,s likewise the practice at courts martS to indulge thpp;^wner with counsel, or at least amiei euriie (or friends of the dourt) to sit near him, and in- struct him what question, to ask the witness with respect to matters of ^ct before the court) and they may commit to paper the necessary interrogations which the prisoner may give in separate slips to the Judge advocate, who reads them to the court, and if approved, (that is, proper to be put,) he mserts them litei-ally in the minutes." llytfer, states that it has been the estaljilished usage that the accused are not to be allowed to interfere in the pro- feedings of a court martial by pleading or argument of any No question, these authorities wmiM rnn«n« MitheEn- leraea|il- « entitled lieeofthe jeet, why lieir rules mine wit- do in the i*resident, 17 courts ingwhieh ^erty>are bject has lasons on his rule* bepallia- reaiiment t fliee of of a maut Dhristian tordinarj I wanted ^8|*— tl|&( is when itiswanted to f|efen,d tl|e life, tlie ,|iO^- <^arai|d all ti^ property of an indJviduai.'^—The censm es pf jnrtge Bhiekstpne on this inhuman rule of the English law, have heen quoted by M'Arthur liimself, and are given as j»n iHtruduetion to the rule which he ailopt^ But, indeed, as if a^hamod of the rule, and as if even the pracjlice of the English eeiprts would not be sufficient to sanction it, he refers us to th^ pl^otice of the Egyptians, and cites them as an authority for the r»*B J and I think sir, he may well have done sp^ for probably there wasless despotism and barbarism in Egypt than there was in England, in those times when this rule wqs adopted, and when a prosecution by the crown was in eflRjqt a sentence of death, and when the object was to guard alpainst every interposition between the accused and the sworil of the King. Are we then, Mr. President, in this country to be governed by rules whieh are derived from such a source, and have i^ginated ui such motives ? Shall we adopt rules at which the sepse, reason and humanity, of all mankind, since the <^vilization of the world, have revolted ? I ask these ques- tions with a confidence that the members of this honourable court when they have considered them~(and I pray that they wilHake time to consider them)— will answer them ip the negative. But, Mr. President, I make a higher appeal upon this oc- casion than to English writers or English practice : I appeal to the constitution of our country ; and if you do not find my claim sanctioned by the letter of that instrument, I am sure you will by its spirit, which I know must govern the delibera- tions and decisions of this honourable court By the amend ments to the Constitution it is provided that in all criminal prosecutions, the accused shall ci^oy the right to have the assistance of counsel fprhis defence. I know well. Sir, that if this provision be taken in connoetion with the context, and the instrument be construed according to the technical rules of law, it will be considered as applying only to civil prosecutions— But, upon this occasion, and in this honourable QOHrt. I look i'ftV a tliannaUinn iUnt d.oll 4 1- 4>rofes8ioflal quiblings. For, by minds that are able to B 10 ««|tafttte and feel the itafliienW of the rays of tnrtE a«il justice, hoiveTer they may be obsonted by wopda and forms, when it was provided that the Accused should have the benefit of counsel, how can it be supposed that it was in- tended to confine this provision to Kceusations before a eivi! court. Is there any reason that ean Ikpply tO the admission of counsel before a civil tribunal, that does not appty to a mlli- taiy court ? It is not to be supposed that the judges of a civil court are less learned, less honourable, op kss hainiuie^ than those of any other tribunal. It is as mueh their duty to be counsel for the prisoner, as it is the duty of the Judge advocate or of the members of this court to'dischaige that charitable office. Can it then have been the intention of the constitution that counsel should l>e admitted in the one case and not in the other ? In the passage before quoted. Judge Blaekstone says, « upon what face of reason can that assistance be denied to save the life of man, which yet is al- lowed him for every petty trespasss?" May I not ask upon what face of reason can that assistance be denied to save the life of man before a military court, which yet is allowed him before every other tribunal ? Let me once more beg to turn the attention of the court to the English writers, from whom the rule now under consid- eration is derived. I think an inconsistency of their reasoning will be most manifest. Mr.Tytler in his treatise, page 221, in advocating the propriety of allowing counsel to suggest inter- logatoi s to the witnesses, says, « This benefitthe court wiU never refuse to the prisoner,- becauseiin those unhappy circum- stances, the party may either want ability to do justice to his own cause, or may be deserted by that presence of mind which may be necessary to command or bring into use such abili- ties as he may actually possess." I feel, Mr. President, in Jts full force the jusUce of this reasoning. I feel that I may want ability to do justice to my own cause, and with the sensations which the accusations now before you excite, it jnay be that I shall be deserted by that presence of mind which might commander bring into use what abilities I have. But, vhy does not this just, sound, and humane reasoning apply to - .— ^. — g- „, „.^ i«w3V5;u4iWH m3 ncaas 10 me exautiualioa 11 of wUnesBes ? Dpes it require lees abiliUes or less preseaoe of mind to argue the questions which may be presented to jq\l: to discuss for instanee, what may or may not be tre%.. son under the constitution and laws of the United States; and finally to arrange and sum up the mass of testimony, whieh* from the number of the witpesses who have been called, itmay.bjB presumed will be offered to you, than it does to put questions to the witnesses. Another reason assigned, why the aooused before a court inartial should not ^ave the full benefit of professional aid, is that the ffudge advocate is supposed to be of counsel for the prisoner. The judges of the American law courts are equally bound to counsel those who are accused before them. And yet the aid of counsel before the civil courts has been thought a right worthy to be secured by the great charter of our liberties. But, sir, our military code has defined how far the judgpe advocate is to consider himself as the counsel for the aceused. By the 59th article of war it is provided that the judge advocate « shall so far consider himself as 9oun^elfor the prisoner, after the prisoner shall liave made his plea, as to object to any leading question, to any of the Avitnesses, or to any question to the prisoner, the answer to which might tend to criminate himself.** If this be the extent of the duty of the judge advocate in respect to the prisoner, let me entreat you, Mr. President, and the honourable mem- bers of this court to consider, how far the assistance which I have a right to claim from the judge advocate must fall short of that aid which I may require on this occasion. I shall trouble the court with the consideration of only one other reason, which has been urged for not permitting be- fore courts martial the full aid of counsel. It is said by Mr. Tytler, page 811^ that this « aid is not requisite before these courts, because they are in general composed of men of abili- ty, and discretion." Certainly, sir, this reason applies with its fullest force upon this occasion. Is it iiot also to l»e sup- posed, that generally the judges of the civil eeiris are like- wise men of ability and discretion? and if tUisn^ii a will ap- ply to exclude couns<^l in the one ea^se, why does it not in to add a few woiUs befeN) I rcttve thk iutei^trtiDg qimtintn u ite «oi^hieratiM t»f tte coiirt. Th5*%h iir, a sehse «f my wnlnatoaity for »» ecetoiy of this liihA, maken me teawestly wtt^itous tts that It should proceed. But, silr, if the trial \vere to eommenee, and If the court after hi^ving examined in, publie some of the ^tnessesfdr the prosectitfoii, should then adjoul-o for any length of time, the coul< will perceive that it would be the utmost hardship wpon me. The testimony here «^nly given against me would be abroad, and would make its impression on the public mind; whiie the examination of exculpatory testimony would bfc deferred to a distant day.-^I have already too severely felt the effects of public prejudices, and exparte relations, not to wi«h that no farther opportunity may be giten lor them.~.I hope, therefore, that it iiill !«% ,.r.rfM«*«».i k„ the court, whett the Jud^ adVocate^onvmences (ho fHal, that if ki M'may to proceed with it, and that the progrem of the eauM is not to depend on the arrival of witnesses who may be absent. The eourt agreed to deliberate upon the sulgeotof this ad- dressy aid evineed a disposition to indulge the ^isoaer as fiur as their duty to the publio would admit. The court was ao- eordingly cleared, when the address of Gen. Hull was read and considered. Upon its being again opened, the opinion •f tlM eourt was~ju that the oommunieations by the prison- er's counsel should be mad& in writing through the accused." Lt. Col. Forbes took the necessary oaths, and was admitted to a seat ; after which the eourt adfjoumed to Wednesday, 26th Jan. Seventh day, Wednesday 26th, Jan. 1814. The eonrt met pi^rsuant to a^umment, all the members being present The special Judge advocate (the Hon. Mar- tin Yanbenren) addressed the court on q^ning the case, and read the following DOCUMENTS. The order onniA in iliA aninA. dated i6ih Jun«. 1812. io Two letters from the same to the same. Datetf isth Jlue 1812. ' A letter from the same to the same. Bated 24th June. 1812. Two letters from the same to the same. Dated Snd aad 26th July, 1812. Three letters from the same to the same. Dated l«th andlQth July and lith August, the receipt of which was not acknowledged l>y Gen. Hull. . '^ , Contract for provisions. Dated 8th August, 1812. A letter from Brig. General Hull to the secretary of war. Dated 17th April, 1812. Two letters from the same to the same. Dated Ktsbunr. 26th and 28th April, 1812. A letter from the same to the same. Dated Marietta 8rd May. * Three letters from the same to the same. Dated Cinein- nati, 8tb, isth and 17th May, 1812. A letter from the same to the same. Dated DaTton 2Srd May, 1812. ' ' A letter from the same to the same. Dated Camn Meies, 26th May, 1812. *^ The speech of Gov. Meigs to the army of Ohio. Dated 25th May, 1812. A letter from Brig. Gen. Hull to the Secretary of war. Dated Dayton, 2Srd May, 1812. A letter from the same to the same, dated, Staunton. 3rd June, 1812. Four letters from the same to the same. Dated, Urbana 9th, 11th, 12th, and 13th June, 1812. A letter from Lieut. Col. Miller to the Secretary of war. Dated, Urbana, 12th June, 1812. A letter fron. Brig. Gen. Hull to the Secretaiy of war, Dated, Urbana, I7th June, 1812. A letter from the same to the same. Dated Camp Neees- sity, 24th June, 1812. ^ A letter froin the same to the same. Dated Fort Finlav. 26th June, 1812. ^ Seturu of the forceof the army on mh June, isrs. m: 4l9^t^r i'j^m B. Gen. HmU tq the Sepreti^rj of wf^. Oa- ted, 2ith June, 1812. Two letters from the %mo Iff thp same. Dated, Iletroit, 7th and 9th July, 1812, (the latter nof read.) A letter from the saine to the sanne. Dated, Sai^f|wicb, Uppet* Canada, 13th July, 1812. A prooUmation by »rig, General DiOl, 4atea I2tb Julyj 1812. Publi8hed 20th July, Four letters from Brig. Gen. Hull, |o the Secretary of war. Dated Sandwich, 9th, 10th, 14th, and 19th July, 1812. A letter from Col. Cass to B. Gen. Hull. Dated 17th July 1812. Eight letters from B. Gen. Hull to the Secretary of war. Dated Sandwich, 20th, 2l8t, 22nd, 28th anjl 29th July, aad 4lh, 7th August, 1812. A letter from the same to the same. Dated^ Detroit, 8th August, 1812. Articles of capitulation. Dated, Deti'oit, leth August, 1812. and supplementary articles of the same date. A letter from B. Gen. Hull, to the officer commanding at the Rapids. Dated 17th August, 1812. A letter from Major Gen. Brock to Brig. Gen. Hull. Da- ted 15th August, 1812. A letter from Brig. Gen. Hull to Major Gen. Brock. Same date, in reply. A letter from Brig. Gen. HuH to the Secretary of war. Dated, Detroit, ISth August, 1812. '' Two letters from Brig. Gen. Hull to the same. Dated Montreal, 8, and 26th Sept. 1812. After which tlie court adjourned to the next day. Eighth day, Tlmrsday 27th Jan, 1814. The court met pursuant to adjournment; when, finding that many of the witnesses appeared, it determined to pro- ceed: upon which the Judge advocate called upon Brig. Gen. Lewis Cass ,• who, being duly sworn, was proceeding with his' narrative, when a member of the court suggested the propripfy of all other persons present, who had been sum- / iiioHed as wltaesMs, being directed to reUre during tlielb^ timination : No ol^eetions to tlieir prcMnee» however, were iiiade on the pArt of the priaoner, and ilhe^ were permitted Ito remain. Odnelral Cass proceeded in his evMetice, and iti^t- bd, that he was Vith the north-western army at Dayton* and had eomniand oif the Sd. Regt. of Ohio mililL^—that the krmy was jollied MVrbana, by the 4th. ^egt. of V, 8. tilfkn- try, under Cdlonel MinfBr,-..4hat ho (witness) arrived at the Mianii, to the 29th or 30th JuiM. That he never saw Gen. HuUdiseiplining, reviewing, 6r hiaiUEuvering the troops in any way from their arrival at DetioU to the time^of snrron- Uer. That orders were issued i hut that he does not know whether there was an otAtrty b6olt or not. That he was at the rapidi when (General Hull hhreda boat about ilie ist,^ uly - that h« ddes not know that General Hull had a knowledge of the war having been declared ,* and that he had not had anw conversation with General Hull previoui to thai dme, wht^ could induce General Hull to believe that war was deekred-. that he does not knnw what ^aper^ were in'the boat~thatabon« 40or 50 men, invalid%hi« (witncftieti) 6wn sei'vant, aadpartblf his baggage were in iti That he did hot ekanlne the fort aTjbe- troit very acburatoly, but thhiks that sbme of the einhrasuiek wercdefeeUve and wanted repair, and that thepUitfoiinslrera insomemeasutedefcctivci Thathediiesniitieeollecttheiruns and gun carriges. That the picketing was hi i«nlkriuibly g6o4 order, and as good as he evet sbw | and that he ne W saiTany repairs made either before or after the army weni into Cana- da. That the troops passed over inttt Canada ed the 12th oc 16th of July (he could not he precise in thd time) and eon^ «i8ted of nearly the whole of the force, eiCcptlng inTalids an<| about 100 men of the drafted millthi of OWh-fliat theylandedl iJi good order at Amherstburgh, nt about eighteen miles dis- tance J and that the main body of the army leUT Canada about ihe 8th Augusti abitfut i5onrsoo men rendHnii^in thelc *nigu,al position fiwtwo or three days, in m stoekaS bulk on I ~ , - «» . "•"' ■^""•""w K*wa iw v»en. if nu hv the uf seitors, who came oter In hUndreci^.-Gcneral Ca*s further t. ^X^' Xr.Tj^fi? ,??*,'?'"«•<»«•. but not > nnm... r^. i ;!!Wr »JW "I? »rtU«I., orn»t: but that n« I«. •ft,* iS- ''"- ^^ ^^ "Wmporlant inacourMied-Ti^ ui"jVS.*^*i^^^''' Ww-WkiijI. No Mdoobt wa.Ur«„B iiUf l.S'"»"l* V«"«««d i. tb. „ap. Cm Ha N» them— that, M to o,^ ia;- ?4 • T • ^ "'*^ii left >m« b«n «e«-Uurt the «c.t ,Wte r : the fo™«,r .hV,»ght there Jre diffleum™ ,'S after ttat meuUoned yestertay, blit before the orier wa, il M.cd for the troop, ,. „.^ ^. MaHen-everal Xr meeting, ofoffleer, were called by Gen. Hull tre^JviSr »<»"^tef. tbatth. troop, «,„„;^a their re- trtat from Canada on the «hAug«M,aIitUe atUi' dark, and were erossing aU nigh. , and .hat .to order r«. ,0 iTg Tm .s,ued abou the evenmg •f.he B.a,k a^._»„a „ J^f, "2, n,ore eonfident in .hi, opinion fr«„ rte'«,„„,i J* f ^^j 'J m theoamp. Ho «„u,at the militia force of .he ene™ made .0 tier foiTO, cxceptJ^g (hat of the Wyando.,, who not re,collect any prev.ou, eonvonation of Gen. Hull', on •Iw e2s1.cd.ency of .he cvaeiffiUw of Canada. * S3 «li.t that am.mt w..~..h" Zt.^?' *'^"»« ""dleet >•« w»t. OP likely w "^rThr*"*"^ *■♦*'' »"»?»»» «»d.«,o«l ft«„ Geo. X"uL « T^ m«fl..-.b« he , «»"'.« Urge <.a.oU^TUe^';',^tr' •r""' '"' SMund on the spot, there bZ.T u "* »»«'">«»• md «.i»p«,don/„;tteThf™i^:::"'™""»p«~««»~*''»* ber f cattle at the rlv„ Sirh..? "I'' «"»««n*Ie nnm- »f flour-that Is of nZ,- • ' '"*' "«' «"»• Pwportioo '-bitants and «p!:n"^l^rie":f:';rth:. ''"'■''"?• •'«""»- bave been procured the«,..,« •?',*•' l>n>»«l«Winig(,t Wer for .e«ral ^e"* -^Jl*^'- ««" ^"-1 «»«! io thit ofconversatiou, wK'ftT'*' """"'"'"•P. " ».U J S "'"• =» ^Machmcot of al«„t SM me. i m l>t' iinder Col. M'Artbur, seat by General HuU to open a coifi- tnuiiieatjoii with ttie. river Itaisin^-tliis detaehment wa« ^aally from the ref^m^nts comniiaDded bj Col. AI'Artbur and the witnestrr-that Gea. AaU had reoeiTed a letter, on the mondng of the IMb, from Capt. ^rush, advising him that he woiSd, on a eertain night, leave the river Baisia b;* a path which doabled the distance to I>etroit, but whieh was deemed more secure than the shorter one-^that this detaeh- inentwas hot furnished with provisions when marched .off*' tiiey wet>e to raai'ch 2^ or 30 miles — lie believes there was an allowahee for provisions — that, afCer. marching liJi|p about midnight, the troops lay down, and cswly on the ensuing morning recommenoed their march, M'hich they continued nil day ; that, towards the evening of the l^tb, some mounted 'men were dispatched todeseovcr, if possible, a'trading housb, said to be haif-W|ty to the Raisin. That when the detacli- luent was half a inilc On its return (which it wag iound iieeessary to gust, at dark, a note Wa« received by Col. M'Arthur from Gen. Hull, stating that Gen. Brock, who had come to the 6[^site side of the river, had summoned Detroit to surren- der, 'ahd directing him to return: that they marched so late that i^tght that many of the men could not support the fatigue, and resumed the march very early the next morning ; that they heard cannonading at Detroit, and, when within A inite {thd a hklf or two miles of that place, met a Frenchman who declared that Detroit had surrendered to the British j that they then fell back 3 or ^ miles, to an advaatagious post on the riter t<6uge, where there was a bridge, at which they thought they could defend themselves, and ascertain whether the fort had really surrendered or not : the intcllisCnee wa<3 «oon eonfirtned by Were there never any orders issued ? A. Not to witness's recollection. Q. Were there nut iield-officers who reported to G. Hull ? A. There were. Upon recollection, the witness said he saw Gen. Hull at Dayton teach a column to change front ; and, when the troops marched from Dayton, Gen. Hull gave the word of Qommand, which witness never after heard him do. He never believed Gen. Hull guilty of treason ; never was in action with him, and knows nothing of his eourage ; but considered him an inattentive officer. GEN. CASS WAS TJIEN EXAMINED BY THE COURT. il. Were there any artillery officers present at the coun- oil prior to that in which the attack on Maiden was deter- mined on ? A. I do not recollect J but believe Capt. Dyson was present. Q. Was there any new impediment to the passing of tho eannon ? A I neither knew nor heard of any. Q. Did the army retire from Canada in good order ? A. There was not much order with new troops in a re- treat by night. Q. Was the order to retreat the act of a council, or^ th6 individual act of the General ? A. I never heard of any council. I know it was strongly opposed by the army. Q. Had you any reason to know that Gen. -Hull was acquainted with the detachment under Col. 31' Arthur's being on its return to Detroit, op was any messenger sent to advise tli() General of it ? A. The dragoons were sent to reconnoitre, but returned on account of the Indiana Q. Do you Itnow the cause of the sudden retreat fW)m Canada ? Was there a large force in the neighbourhood ? A. After the fall of Mackanae (MichUlimakanack) Gen, Hull appeared to be under great and severe apprehensions, and apprehended a great force from that quarter. I also be- lieve he saw two letters, one from Gen. P. B. Porter, and the other from Gen. Hall, stating that Gen. Brock was march- ing up. I believe these letters were received by Gen. Hull alter the surrender of Detroit. BRIG. GEN. CASS WAS NOW CROSS-EXAMINED BY THE PRISONER. Q. Who Where the officers who applied to Geq. Hull for ?n order of battle? v "ui*i«r^ A. I think Col. M'Arthur, Lt. Col. Mills, and Lt. Col. Findlay, applied j but the paper shewn (here a paper marked il'"i rr.r t ^^'^^ ^^ "•** ^^^ «^«r «f »»«<«« agreed to by the officers. Q. Was not the order of march just shewn, pubUshed or made known to the army ? f"""»uc« or A. I do not know ,• but pre^me it was. Q. Had you any conversation with Gen. Hull respecthie the despatch of the vessel from the Miami ? "^'P^^^^S A. I do not recollect -, but presume I had. Q. Did you apprehend that there was war then ? A. I did not ; or I would not have sent my baggage. Q. Whether or not did Gen. HuU think it ex^di^nt, un- tlm.^^ '"^'"^ circumstances, to send the^esld frZ ««if ' * 'V' ?P°f '^^''^ *■««' »c, at this distance of time, to re- ,t: ' f"^'^'^"^^^ ^hat Gen. Hull's reason for senSil the ;esL "^'^ '"' '^ ***' '^^^^'' ^^^«» «>•• ^e-'J'oS to m^rer? ' '^ "'''' "" ^^'^^^rn^ss through which the army had, A. From about 14 miles north of Urbaiia to Miami H was. Q. Was the order of mareh conformable to this plan, and were the officers consulted respecting it ? A. It was nearly ; with the exception that the eolumns were never otosed with the rear guardf nor the baggage in the centre. It was, I believe^ the order of march hy Gen. Wayne, adapted by Gen. Harrison in the same country, and proposed by Col. Miller or Findlay. Q. Was not the army on its march as liable to be at- tacked in its rear, as on its flank or in its front ? A. I thiok we were as liable to be attacked on one point as on another. Q. Were there not directions, -accompanying this order of march, in what way the army was to form in case of attack? A. I do not know that such directions were giyen. Q. After I took command of the troops at Dayton, were Qot the sentiments I expressed to the troops, and the meas; iires I adopted, calculated to inspire the troops with ambi- tion, regularity and discipline ? A. I do not recollect any sentiments expressed, other than the address to the troops ; which I think was a good one, and that you acquitted yourself on the occasion very well. With respect to measures ; I do no^ know that any were adopted in relation to those olyects. Q. Whether or not, when I took the command at Day- ton, were orders issued for the different regiments to parade by companies in the morning, and by regiments in the after- noon for exercise I A. With the exception I have before slated, I do not re- collect such orders. Q. Do you not recollect my exercising the troops at Urbana, myself? A. The army was put, for the purpose of being reviewed Vj Governor Meigs. Xl^e eourt adjourned to the next da^. «9 lOf/i iay, Saturday, 29Wi Jan. 1814. TIfE CROSS EXAMINATION OP BRIGADIER CONTINUED. GENERAt CASS A letter dated Sandwich 17th July, I8i«, was exhibited by General Hull to General Cass. , Q. Is that a copy of the letter sent to you at Rivvr Anx Canards ? *^ A. It is in substance. .^ Q. How many days was the army at Detroit before it crossed to Sandwich ? A. I think 5 or 6 days. We arrived at the Spring Wells, near Detroit, staid two or three days at the wells and cross- ed on the 12th. Q. What could have been done to the works, previous to crossmg ? » r «•• *» A. There could have been a great deal done, or very little I cannot answer with precision--! was not in the fort at De' Iroit, until my return from Canada~I wish to give a proper answer. The Army had had a tedious march, and therefow It might have been right to employ th^troops upon fatigues. Q. Are you acquainted with Capt, Thorpe, of the artifi- A. I am, Q. Was I not employed, before crossing the river, in or- ganizing a corps of artifieers. A. A corps of artificers was organized under Capt. Thorpe, but whether before or after the passage, I cannot siy. Q. Were not artificers called from the different regiments ? A. There were some detailed from the regiment under my command, and probably from the rest. Q. After we arrived at Detroit, and before crossing the mer, were noj several detachments sent to obtain boatf and other means ot crossing the river ? A; I do not recollect ,• boats were collected and eol- Jeeting : I do not knowof any public boats. Q. Was it not apprehended that the fall of Maekanae would have an injurious effeet upon the Indians and Canadian muida { A. At I before stated, Gen. HuU felt great apprehensions j but I did not ; qor do I believe the other officers did—the ob^« Jects of the expedition might, in my opinion, have been effect- od before any ill efieets were felt I do not know of a single Indian having arrived at Detroit until three days after tho surrender— Neither was there much danger to be apprehend- ed from the Canadian inhabitants, as in my opinion tho greater proportion of them had taken proteetion from Gen. Hull. Q. Who commanded the British at Maiden, about the be- ginning of August? A. On or about the 7th August, General Proctor succeed* ed Col. St. George in the command. Q. Did not Gen. Proctor bring a considerable reinforce- uent ? « A. Tlie impression on my mind is that about 100 men ar- rived there with him. Q. When you rbceived my letter at River Anx Canards, was the opinion of the officers, about returning, unanimous I 4-' I think it was, or nearly so. Q. M'ere instructions given to Major Yanhorn? to take a bye-path ? A. I understood there were. Q. Was not Brownstown to be avoided ? A. I think he was instructed to avoid^Brownstown. Q. Was the force that attackdd Major Vanhornc any other than of Indians ? 'i A» I do not know, but understood so. I believe a detach- ment of British troops passed over froii| Maiden, during the fire and after Major Yanhorne's action^ Q. Was the council, at which the field officers were, called sliortly after our arrival in Canada ? A. I do not know, but presume it wag. Q. Was not the question— whether Maiden should ba attacked ? proposed in (hat council ? A. I think it was. Q. Did I not state to this council that (he artillery was iiat, prepared, having only 6 pounders ? bout the bO" 100 men ar- 31 Ai I bannot say. It is probable. i Q. Did I not state to the council that the enemy at MaMeK had 18 and 2% pounders ? A. Very probably, but I do not recollect it. Q. Did I not state that we must rely upon the bayonei ■lone, for want of cannon to make a breach ? A. I think you did, Q. Did I not submit to the commanders of new troops, that if they were confident in their dependence upon their men, to storm regular works manned with regular troops, and that with the bayonet, I would lead them ? A. I think Gen Hull might have had the valour, but as to his offer to lead them, I do not recollect it— my opinion and impression was, and I believe it was that of commanding officers of regiments, that the army could take the fort. Q. What was the opinion of this Council ? A. I think that by a majority of one, it ^s agreed to wait for the heavy ordnance. Q. Did I not state on the 7th August, previous to the re- treat to Detroit, that my object in returning to Detroit was to concentrate my forces, the better to open my communication with the river Kaisin ? A I recollect that General Hull, on the evening of the retreat, endeavoured to satisfy the officers (that is, the com^ manders of regiments) that the evacuation would be proper lor the purpose stated in the question, but they thought dif* lerently— The General ordered his own opinion to be carried into effect, considering himself as the responsible person,- ob- sCTvmg farther that he thought the act proper, and although MS son, his officers and every person were against him, he would act agreeably to his own judgment. Q. Did I not inform you, previous to crossing, thatm^or Chambers, of the *l8t British regiment was advancing from Fort George against our army at the head of Lake Ontario, (Moravian grounds) with artiUery and an additional force of militia ? A. Gee. Hull stated that Major C. was at the head of river French, with some regulars and some Indians, and was raising the militia. I believe this was previous to our ^t h>f i<>iaving Canada, but aiti not certain : the distance l)ctw6cil Detroit and river Frcnoli, where Major C. was, is one hun- dred and twenty miles. Q. Was not the march through the wilderness a heavy and fatiguing one ? A. It was : and Gen. Itull hurried us as much as was proper. Q. Do you not recollect my order for the building of Several block houses 7 A. There were two completed on our march ; one com- menced, but left incomplete ; and a detachment was left at Miami to build a fourth. The army marched from Dayton to Stanton, with a view of taking a different route from the one taken. Q. Do you recollect a council of war held at my houses at Detroit, on the 9th, July, and what was said and done ? A. I do. The, order from the Secretary at war was submitted to the court, directing you, on your arrival at Detroit, to take measures for securing your post, and to wait further orders. At that time it appeared as if the enemy were erecting batteries on the opposite shore : it however subsequently appeared that it was not the case. It was my opinion, and that of the other officers generally, that you ought to cross the river without further orders. My impression was that Gen. Hull agreed to cross the De- troit, without further orders from the Secretary of war. Gen. Hull was very much embarrassed and was relieved by an order received that very night. Q. When did you arrive at Detroit after the capitula- tion ? A. On the same day after dark. Q. Were not all the militia who had joined the army^ excepting twelve hundred, unauthorized by government ? A. I do not know. I understood that twelve hundred were required by government from Ohio ; all the rest were taken under the responsibility of Governor Meigs. Here the cross examination of Brig. Gen. Cass was closed : and he was re-examined bvthe court. Geih lIuN'i Mder of nie court adjourned to Mondav next. r. M Ik li(h day, Monday Sist, Januafyt ISfi. The Court me^ pursuant to adjournment, when major Jo- nah Snelling, of^he 4th Infantry, called on the part of the rfp, S. was sworn and examined : He stated that he joined the %W* arniy sit Urbana, and remained >with it as captain I'ntil the surrender to general BtM>ck — that he never heard of any order of battle — that he understood there was an order of march, but never saw it promulgated in orders : that the army marched with an advanced guard and flanking parties, and arrived at the rapids on or about the SOtli June — that he heard there was a message in ciimp from Washington ; that the first intimation he had of the hiring of a vessel was on the/ 1st July, when Col. Miller called at the officers tents ahd told them they must put their baggage on board ,of ^vessels for Detroit. That the army arrived at SpringweII» on the 5th Jiily, that on or about the 6th or 7th, the whole army marched Ihrough Detroit in the morning and re- turned in the afternoon J on the 6th or rth marched from f^pringwells—on the Stb or 9tli marched with baggage and camp equipsi^e and encamped in the rear of the town of Detroit— it remained there until the i2th, wlien the whole army crossed over into Canada : Gen. Hull, as witness be- lieves, crossed over with the last division of the army. That witness was in Caifada about 16 days with the army, during which time fatigue parties were detailed every day ; that witness then returned to Detroit with a detachment under Col. Millier, to prepare artillery &e. for the attack on Maiden ; but does not know if the detachment was employ- ed on that service— that he was in the detachment under Col. Ciiiss that took the bridge ; that it was the opinion of the officerst generally, and he believes unanimously, that ttie possession of the bridge was of great importance towards taking Maiden— that this opinion was communicated^ to Gen. Hull, who returned an answer, leaving it to the discretion of the officers ; upon which fhey determined to evacuate the bridge. That the officers did not persist in tlieir opinion, be- cause thevthou&rbt. or nt !(>»<)< hAi!uI. fhnf ^hp n<>n. atinulil iravn -iakentheresponsibUity on himself, and not have thrown it upon the oflicers^that the principal reason by whieii the officers were influenced, was their tliinking it was a proper position for the army, which, it was expected would moyedownj fout that the distance from the then position of the army wan too great for a picquet guard. That witness was sent witli a reiaforeemoot of between 80 and 90 men to reinforce, or leather to cover the retreat of Major Yanhorne, as soon as it was reported that he was in danger ; but that the detach- ment did not proceed far before Major Yanhorne's party was met returning. That while witness was in camp at Sandwich, an attack on the Queen Charlotte was contemr plated. Here an objection was made by Gen. Hull to Major Snelling's testifying to any thing not in the charges or spe cification, upon which the Judge advocate submitted the fol- lowing questions, which were waived for the present. Q Was an attack on the Queen Charlotte contemplated^ previous to the capitulation ?— Were there any preparations made by our army to carry it into effect ?— was the plan aban- doned J and what were the reasons assigned by Qen. HulLfor so abandoning it? Major Snelling then stated that he remembers seeing the enemy erecting batteries on the opposite side of Detroit river on the morning of the isth August, that a court of enquiiy was sitting to inquire into the conduct of Lt. Hanks, when about 10 A. M. captain Fuller saw a white flag crossing, upon which Col. Miller adjourned the court— that witness then pro- ceeded with Captain FuUer to receive the flag-i^that Lt. Col. McDonald and Capt Glegg bore the flag, were blindfolded and conducted by order of General Hull to a house near the fort (100 or 200 yards distant) belonging to major Hunt, civil aid to General Hull, until the communication was made to Gen- eral Hull, who directed the gentlemen to be detained ; which was done until 3 o'clock P. M. during which time they were uneasy at their detention— that witness went into tlie sti-eet, and saw captain Hull, aid de camp to his father, who said he ^n uie iciror m repiy in his pocket ; hut was ordered to with a^ JMid iU WMie» tke !4e« of giving tlie annj* time for defonoe. n^al witnesfr however soon saw peo^ runinag into tlie fort and IB aH directions, »tteit the rendezvou»^(^*the regiment was in the Fwt, that of the militia hi the rear of the town, in the open ground; that he had no knowledge of the movements of the treopsy «r of any orders being glren : tlfat witness perceived with a glass the enemy td(h% dCwn a building whieh (hovered a Biadked bat- tery ereeted by them ; and that in about an hour after there- tum to their ^e of lA. Co). M^Donttld and Captain Glegg, a firing of eannon con^ neneed, upon which witness fbrmed his company and the rei..ainder of the Hh regiment (Col. Mil-, ler l^og sic&i) in the citadel yard, and then repaired towatrds the fort, and on his way met Cteneral Hull in the street, whom witness asked for ortlers; when the General directed bins to proceed to the fort, and post bis men in tl^ ramparts, wluch "vtas done ; part of them put to the guns and others provided with pikes. That towards sundown witness was ordered with ^7 or do men and a field piece (4*that the dhore was much higher than the decks and 8. or 10 yards long^ and built of wood^ that Capt. Hull was also there and proposed ret^mnending it to Cren. Hull to send a 24 poiuider. That witness heard •f no mititary inoTeraent» during the ni^^t ; he heard oarsy whieh he supposed were in two or three boats, passing from the Queen Charlotte to the Brig Hunter or to the Enemy's shore. That witness thou^t, with the other officers that a 24 pounder could have beer transported across the bridge. That witness returned to the fort at Detroit about dawn of day I soon after which the cannonading and bombardmenl commenced from the enemy, and were returned by the Amerlean batteries on the river, but net from the fort. That about 7 o'clock in the morniug the British were seen from the ramparts, ei'ossing the river, which was reported by witness to Gen. Hull : that no resistance, wlueh witness knows of was made either to their landing or to their ap- proach—that two shots took efieet on us, one of which killed two commissioned officers and a surgeon, and wounded another surgeon, the other killed two privates. That soon afterwards Capt. Hull was sent across the river with a flag of truce, and witness was ordered by Gen. Hull to proceed to Col. Findlay, who was stationed with Mtyor Denny and his Regt. about four hundred yards in advance towards Springwells, and direct him to re^at to the fort. That the artillery, ammunition and part of the 4th Hegt. were at the batteries, two of which were on the banks of ther^vcr, the other in Judge Woodward's garden—the Michigan militia were in the rear of the town. That witness delivered the order to Col. Findlay who appeared nnwilUng to obey it by marching his Regt. into the fort. That, after this service, witness repaired io the battery commanded by Major Anderson, whei-e a British officer, Lieut. Duer, of the Quarter-master's department, arrived with a man bear- ing a flag of truee, to know why our flag was sent over the river J that witness replied he believed it had been sent vith a message fi-om Gen. Hull to Gen. Broek. who was liup^ i ■)', I I, i: . 'i 96 posed to be on the other side of the river. That witness then sent Lt. Hunt on horseback to Gen. Holl, who return- ed with a sealed paper from Gen. Hull, addressed to Gen. Brock, with directions to witness to proceed to Gen. Brock with the same. That witness carried and delivered the note to Gen. Brock, who was t«ro hundred yards in advance of the head of his column, without any advance-guard. That the enemy was then near the house at which Doctor Henry resided, abont 3-* of a mUe, or a mile from the fort at De- troit— that the note was, as far as witness recollects, having seen it in the hands of Lt. Col. M*DonaId. Here an objection was taken to this part of the evidence, by the prisoner, whodesired that the questions,in the present pohit of enquiry, should be taken down in writing j and that the answer should be taken to each interrogatory distinctly. The following questions were then put. < ».. „^-_»ii.* .j> ^< . ^ \ 1! (liegroundfWHh "his back against the ratnparts^^iS^^imdei' 0(6 curtfdn trearest Ihe enemy. ' Il^f trt tbe sdlckatSen ef the prhoner's ceurndthe i-e' majl^deir of the cridenee -was, to he taken down hy ^uestioa aad antinner. <^.' "Were the appearance* eondneC and eonvcrsation of Ocm HifflsiMiliaiBtoindtteeabelief dfat he was wider the influence of personal fear ? A. I have always nnderstood that the pass! "^r is indidtted hy eertidA lodka atid aetioas; and, jm . ^^ Aom past IsnoWlrdge on thatt suhjeet, I thoUght him under the in- flnewcc of fear: his whole eonduct ihade titat impression en Krty Mfndiit CheMfime^^The reasons that indaced me to draw Yliat ciotoelutnmiilrei^ ;Jfhat tlie General selected the safest phiee in the Ibrt' Air ma seat* on an eM tent on the ground nndleaned against the rampairts between the guard house and tlie gate : his voice trembled when he spoke — ^Iie apparently tmeeneeiOiHAy filled his wtouth with tobaeeo, putting in quid nfter^dy more tbaa lie generally did: the s^tle eoloured ^vri\i l6baeeo<^ee ran from his mouth on his neckcloth; lieard, eravnt acnd vetrt-^he wovid rub the lower pai iaee* whieh win apparently eovered with s^de : he wa^ i-epeatedly informed 'that the enemy were erossiing €he river, hut be lofl^ no meaBures to impose them, witli w^hieh I am The witness thisn 'pmeoeded tio state that tlie American troaptt were edled Into the Ibrt — wbioh was very miroh eroud- «d) before tliO' articles -of ef^ulatioa were ^gned. Thai -whenGent UtAl was informed that the enemy were crossing, tie «i«de no aoid attempted toeount the 9ritidi troops on entering the fort—that the troops in advance were the 41st, in pla- rtoons of foui^cen files, as well as the York milKia v«dun- teei« — twenty nine platoons, two deep, Im^ddoats-^that the mttitia platoonseensisted of no more than seven or eight files, and comiMtsed one third «f the whoU f«ve&— probably seven hundred and fifty whites — of which the remaining two thirds •T' \ytte regulars and uniform miliUa. Witness suppbses thi^ Indian force to have been more than one hundred and fifty, although he only saw about that number dfawn up to fire a salute as he understood. Witness says that the spirit of the American troops to meet the enemy was, in his opinion of the most laudable kind, and he believes pervaded the whole of them, but cer- tamly his regiment, the 4th-and that when at Urbana he was at a grand parade ; which was the only time he saw the whote of the troops together for parade. ^mtion by tlie courf-^What was the state of the diseipUne 01 the army, generally » A. I never saw the army parade but once at Urbana, and therefore cannot judge^I can answer only for the tth regiment. The 4th regiment had bleu on service four years, and was in good discipline. The court adjourned to the next day. i2th day, Tuesday^ Feb. iith, 181*. SmcII,„g^,oxami«a,i„„was,hencoi,Unu^. ^ The witness stated that he iofopmed Gen. HuD «n >!.. casks of one hundred pounds eaeh were brongrCS la.Z^rf.^''^^"'^ '•^"•y '■«'"""»•• before S^ea^ta -ndsfor caeh ,„a. of tV^h risr;^;;" ;Si;h^^ 4i at ihe surrender, and that he h»s no knowledge of any ceuaei} of war held on (he occasion of the 8urrcqder.>-Here the di* rcet questions of the Judge advocate ceased. Q. By a member of the Court— -What was the amount of Hoe effective American force at Detroit ? A. I am unable to answer^-The ^th regiment according to my recollection had not more than three hundred and twenty effective men — in the aggregate about four hundred men. Q. Whether was it usual for commanders of detach- meats of regiments and of companies to send daily for orders ? A. It was. Q. Whether were the U. S. troops so placed by the oyders of Gen. Hull, as to prevent them from acting with efloet? t A. The main body of troops were so crouded in the fort as to render it impossible for them to act offensively— that is, just before the articles of capitulation were agreed upon — the orders were given to CoU Findlay immediately after five, when the flag was sent by Capt. Hull. CROSS-EXAMINED BY GENERAL HtTLt. Q. From whom did yon receive your orders to return fi^om your station at Spring Wells at day light on the morn- ing of the 16th ? A. From some person in the General's family— I do not re- collect whom. Q. You say, by one of the GeneraPs family : do you mean by one of his aids, or by whom ? A. From Brig. Major Jessup, I believe, but am not certaii-^-on my return I reported myself to General Hull. Major Snelley, on aretisal of the evidence, here stated that there was a man called Col. Wallace, not recognized by the officers, who wore two epaulets. Q. Did you return n^h your detachment alone, and at what hour ? '^ A. I returned with my detachment before day. I think day-dawn was perceptible on my arriva^at the fort, but am not certain. W" '^ 4td lie amount of ti. Where did you first go o when you returned from the Springwells ? A. The piece of artillery I left at the gate of the citadel $ my detachment I marched with into the fort Q. Were yuu in bed after you returned, and how long be- Ibre the firing commenced ? A. The piece of artillery I left at the gate of the Citadel my detachment I marched with into the fort. Q. Were you in bed after your return, and how long before the firing commenced in the morning ? A. On my return I enquired for Gen. Hull, and could find no one who could tell me where he was. I then went into a room occupied by Capt. Dyson, and threw myself down upon a straw bed, ahd had been there but a few minutes^ having scarcely lost my recollection, when I heard a guQ fired. Q. After you reported to the General that the enemy were crossing, were not the troops at the alarm post and at the fort, and formed between the enemy and the fort 2 What troops were there so formed, and how formed ? A. I did not report on my arrival from Springwells that the enemy was crossing. I afterwards discovered them from the parapets : at the time it was reported they were cross- ing the 4th regiment was on the parapets : as to the dispo- sition of the other troops I cannot say. Q. Where were Col. Findlay*s corps, and the residue of Col. M' Arthur and Cass's at this time ? Or where did you find them when you were ordered to Col. Findlay to direct him to retreat ? A. I found Col. Findley in advance of the fort Howards the enemy, behind a picket fence. I thinkjMaj. Denny was a little in the rear, on the left fiank. Q. Was I in the fort when the officers were killed ? A. I do not know that Gen. Hull was in the fort. I saw him immediately after. ^m Q. How long was it, after the Officers were killed, that the white flag wa^^isted ? # A. I did not kfaflUhat the white fla? was hnistAil. nnp Hul { see one until ii^ ^ hands of Capt. Hull ; and that was a m 4A short time aftfir the pffieors were WIlod-^iMii'lMips fin how, or fifteen or twenty minutes. Q. Was it after I came into the fort and before the white ag was in Capt. Hull's hands, that you saw me in the situ- ation described yesterday ? A. I cannot say it was at that time that I saw Gen. Hull in the situation described—I think it was at the time Capt. Hull was fixing the white ilagon the staff— the General was standing near the ramparts. Q. Is it not within your recollection that I was several times that morning on horseback, with Colonel Findley'8 i«giment, the Michigan militia, in the upper part of the town and at the batteries ? A. I think the General was out of the fort that morning, liut where I cannot say— .1 saw his horse tied in the passage, Q. Was I not out during the cannonade ? A. Not to my knowledge. Q. How did it happen that you sent your orderly book by the vessel to Detroit ? A. I had but one large trunk for my baggage, and a small portmantau which would not contain the book— I was order- ed to send my baggage, and of course sent the book. The cross examination was here ended, for the present. Major Snolling was again examined by the court and stated— That when the enemy wei'c crossing, they were observed hy witness and other oflicers from the parapet— that Gen. Hull was then standing on the ground, on the parade within the fort J and he does not recollect seeing Gen. Hull on the parapet to view the enemy 5 who, when they had crossed, >vere m. of sight of the witness in the fort. Witness heard no order from Gen. Hull for the purpose of ascertaining the number of the enemy's force, nor did he know of any measures being taken for that purpose— That, when the first report was Siiade that the enemy we||^crossing witness stood by^ and is confident no order for tflFpurpose was given, but measures might have been taken aiterwards without his knowledge — Capt. SamLJI^CormickfOfU. S, JRon^gMgheing sworn, suicf^ That he belonged to the north western||mi^ under the coni-'" iiiand of Geo. lluU^ that he joined it at U^baup and contirueU 46 with it until tho capitulation—that by desire or the Governor he acted as adjutant to Col. Findla^^'s Reg. ofOhio volunteeri, that he reoolleets detachments being frequently taken from that regiment— that those detachments were frequently de- tained for want nf provisions, sometimes half a day, and that they sometimes went and returned without any—that he never knew an order issued that the quarter-master was to draw provisions— that he was at Detroit at tho time of the capit- ulation — that Col. Findlay's regiment was encamped in tht rear of the town on the 15th, when the cannonading commenc- ed—that they lay on their arms all night, and had a chain of ^sentinels posted nearly three hundred yaitls in advance— that Capt. Kemper of the waggoners with about thirty volunteers, formed a picket guard along a fence— that it was expected tho savages would attack from the woods— that Capt. Bobinson, with his company was In a meadow— that during the night he received no orders from G. Hull-that^he was not present when Col. Findlay received orders from General Hull on the 16th August to return, but joined Col. Findlay^ after he had receiv- ed that order--that the Col. appeared dissatisfied and distress- ed, and almost determined not to obey it— that witness had halted two of the companies, when the Col. rode up to him, and told him tomarch on— that between 9 and 10, A. M. when ordered to halt near the fort, on the outside. Col. Findlay and witness dismounted from their horses, went into the fort to- gether, and enquired for Gen. Hull, who was seen sitting on something on the ground with his back to the ramparts — that Col. Findlay asked Gen. Hull « What in hell am I ordered here for ?'* to which question the General, in a low^trembling tone of voice, replied, stating the number of men Wled in the fort, (witness thinks three men) that a surrender would be best — that he could procure better terms fi*om General Brock at that time than if he waited a storm — that the reply of Col. Findlay was— terms ! Damnation ! we can beat them on the plain. I did not come hei^fgk) capitulate ,*, I came to %/jf— Col. Findlay enquired where Col. Miller was, turned and left the General—a moment afterwards I left him. The 4?(^nci'al, appearcdflpieh agitated, and in as great fear as I 46 m '■'.;# mm erer saw any pertion — he had used so much tobacco as (o have the lower part of his face much discoloured hy it. Capt M and, as witness thinks, on the third day in the afternoon ar- rived at the Rapids of Miami, after passing through some wet roads in the prairie— that platoon officers and men appeared desirous of crossing the river that afternoon, and to wade across for the purpose of cleaning themselves- that witness applied to General Hiill for permission to cross the river, which was refused; and the army ordered to encamp, and oh the next morning the army was ordered to shift and put on clean elothes».-that some time was taken up in making the men appear toadvtrnti.*e in passing a settlement, prineipallv consisting of Fi'eneh iwhabitarits-.that the army crossed the river m Aoats, passed through a village in sections or small platoons* and encamped about four miles from the place whence it started— M'itness thinks this was on the last day of the month-some time was taken up in mustering the men and calling the rolls. Geo. M« Arthur then stated that General Hull sent for him (the witness) to his tent, and on witness's arrival asked what he thought of sending the baggage by water ; to which ... — .-4,..-.,,, .a :,u^=i«i,cr, inui lie meuglit it would be rather hazardous as the British might be iuformed of the Oeelaration ot'traf, and seize the Tessel—that vritnew thinks Gen. Hull, stated that he eouM not imagine there was any danget, and that if the wind was fiiir» the vessel would pass ill a very short time— that it was not probable 6he would be mo- lestcd, and that he eould not think of taking the responsibility of cariying the teams any farther— That witnest believes thet« was an order issued, but whether verbal or Irritten he does hot recollect, directing the baggage to be sent on by water- that the risk of sending the baggage by water was the snl^feet of general conversation in the camp, and that witness stated to Gen. Hull that he would take as much 6f his own baggage by land as he could, which he did. That the ariny pro- ceeded towards Detroit from the foot of the Rapids, aUd on the Ist, or 2d, July the commanders of regiments were called lipon by the General to attend at his tent, and wew iaibniied of the receipt of a letter by him, notifying the declaration of war—that the army proceeded on its march, and on the se- cond night eneamped near River Raisin, where the men/who were then undressed) were, as usual, dressed— that the umy encamped near Swan Creek, about nine miles from the rives Raisin— that rumours were afloat among the inhabitants that We should be attacked by the Indians on the river Huron, six miles from the encampment, and that Col. Findlay and the Witness called upon General Hull, and. stated that they thought it would be advantageous to agree upon seme plan of battle in case of an attack. The witness then, proceeded to state that in the order of march hitherto pursued, his regiment had marched in two battalions, one of them in the rear of colonel Findlay'g i^«. iment, and the other in the i-ear of Col. Cass's regimentl (hat, as from this position of his men, he, the witness, could not be with both his battaHons, he wished to have them formed in one line, if an attack should take places ho therefore applied to Gen. Hull who observed it would be well enough to do so ; and then witoess suggested that hit regiment should be formed in the rear, across the road, for !,.f J"T? °^ *'?'''T6 ""« ^'»« «f » »««"»w square, for «^05n^5 "^^«^eh pcrmiss^: was granted by General Hull : that. witness then retired, and does not recollect whether he mj \ll I i Mt nthet officers ivith General Hull or not Hial the*^ army arrived at the river Huron about the middle of the day on which it left Swan Creek, and found some hands building a bridge across the Huron — that the front halted, and witnesses regiment formed in the manner stated to have been agreed to by Gen. Hull. — ^That some tim« be- fore the baggage waggons came up, and before the tiridge was in a state for passing, witness suggested the propriety of having some victuals cooked ; to which the General replied that the bridge would soon be ready for crossing, and he therefore thought it would scarcely be worth while— that it was however late before the bridge was ready, and when it was, the army crossed and encamped in a marshy prairie, on the banks of the Huron— that the troops were late in getting their rations, and in consequence of orders being given to put out fires at 10 o'clock, many of the men were obliged to lie down without supper, which excited much murnmring— that complaints were made to the subalterns, and by them to those of higher rank— that witness himself rep^sented the hard-- ships of the case to Gen. Hull, but the fires were not re- kindled, and the men were ordered to march next mornings without breakfast. The troops in advance proceeded so rap- idly that the line was frequeWly brolen, and more than a mile long, in consequence of several muddy fords near Brownstown— that witness rode up to Gen. Hull and re- quested him to halt the front of the line, stating that if the army sliould be attacked, they never could unite their force— tliat in consequence of this application the front was halted until the baggige came up, and then the army proceeded along the river until it reached an Indian settlement of two or three houses, when the General halted and the band play- ed a considerable time— that the army marched on some way when a firing of cannon was heard in the direction of De- troit or Sandwich ; in consequence of which the march was quickened, and the principal part of the army arrived at Springwells, but the rear guard and baggage did not pass River Rouge— witness thinks this was on the 5th, July— the » .nnamm>fl at Si>rinewells, fo^minK one straight line. The witness proceeding in his evidence, said that he bclicve» 01 the next day Col. Cass was sent to Maiden with a flag of tpuce, and on the suoceeding day, as witness thinks, returned with the same in a boat, in company with a man said to be a British officer of the navy,jand a boats crew -of about half a dozen— -that these men passed at discretion by witness's regiment, without being blindfolded— that after remaining some time, the British officer returned and halted in front of witnesses regiment and enquired where the rest of his crew were, and was informed they were down the lines j he then ordered the others to go in search of them, and during their absence continued walking backwards and forwards in front of witness's regiment, and could take a full view of the whole encampment— that witness stated at the first in as moderate terras as^he could, his dis[dcasure and disgust, at se^ng the British officers indulged so much, and that General Hull repli- ed in a good natured easy way, that «< it waB not material, as the more they saw of his force, the less they would like it," or words to that cfTect-that, soon after this, the General directed the witness, and he presumes other commanders of regiments, to put the troops in the best possible order for marching them to Detroit, and they were accordingly marched to that place -along the river, leaving their baggage at SpringweUs-that this march was performed Ia(e in the evening, when they im- mediately returned to Springwells, without halting, very late, and the men much fatigued-That General Hull remained at Detroit, consequently the command was supposed to have tlevolvcd upon the witness-that witness is not certain whetheritwas on that night; but one night, when the troops were at Springwells and Genei-al Hull was at Detroit, the Tirmy heard as was thought, the movements of the enemy on the opposite shore, transporting heavy carriages, supposed to be artillery; upon which this witness despatched a messen- ger to General Hull informing him of the impression-after some time had elapsed the enemy wci-e heard to cry < alVswelV on the opposite side-the witness does not recollect who was sent with the message, which was a verbal one, but heard nothing in reply from thcfirst messcnger-that, afterhearing . , . " ■ - '«"'^" «"u iisucriaining, au was supposed, the number (o be five, it m as concluded by the witness, Col, 8;,4i U.,h IV J, **« rth< Ui Findlay and Majw Jessup that the enemy had formed an en* campment on the opposite side — Witness thinks he sent quar-i ter-master General Taylor and» he belieyes, Major Jessup tQ Inform Cieneral.Hull of the result of their observations, and with a request that he would send down some boats, or have them colleeted, and direct at what point they might be fpund. Gen. M* The«e preparations were continued until about the middlw of the tfekt day, i^hen General Hull again sent for the fieli ofiieers, and stated to thc^, that notwithstanding the respect he had tor their opinions, he considered himself responsible Ibr the movements and the ultimate fate of that army, aud that he had come to a determination to re-cross tlie river« for the protection of the fort and town of Detroit, to which vritness replied, *t Well, General, if it is your opinion, it roust be so, but I must beg leave to decline giving any further opinion as to the movements of tiio army." — I'pon the pro- mukgation of this order to the men, they apjieared dispirited and dejected, and seemed regardless of what they did — Tli* army recrossed according to order and took post at the bac^ of the town of Detroit. The witness, then proceeded to state that, as he thinki# on the day the army recrossed. Col. Miller wsis despatcheil (as before stated) to oiicn a communication with the River Raisin, and that on the evening of the 9th July, witness was sent for by General Hull who acquainted him of the battle Of Col. Miller's detachment at Brownstown, and ordered witness to collect the boats and proceed with one hundred men to bring back the wounded, but to call first at the com- missary'? stores and draw one day's provieionb k?^ut that upon subsequent reflection and conversation with some of the offi- cers, ho now reeollects that, at the time, in addition to per- missiiMi being given him to foran his regiment as mentioned, an orderof battle was suggested and agreed upon by the officers^ This was on the evening after he obtained permission— -but he does not recollect if Creneral Hull was consulted or not. Q. Did General Cass accompany the British officer to Cieneral Hull's quarters after landing near Spring Wells ? A. Somo tink^, perhaps an hour, after the boat arrived at the shore I saw the officer go to general HuIl^s quarters and General Cass with him, having first passed by in the boat. Q. Do you know that I had any information that the British sailors were about the camp, in the manner you have mentioned ? A. I do not know that the General had any information^ any more than seeing them pass about his own quarters. Q; Did you send me any such information I A. I did not know there were any more than those seen ajNout the General's quarters until I heard more enquired for. I did not send any information to the General. Q. Touhave stated that on the 14th August, the British fortified opposite Detroit. Will you state the situation o|' the fortifications they erected in relation to the works ^ Which Major Dennie was left, when the ai'my returned fronlr Canada P A. The plaee where the British were at work wss about one hundred yards above the place where we eneamped when on the Canada side, and about half a mile from the works where Maior Desnie was left when the mnin b^dv ei' ♦he army crossed the river on the ist, July. die modfi of er of battle at 65 Q. l^etbei' vrti9 there any other informaiioii reiiejliired tof j declaration of war, excepting what was received atFind- iay'g blockhouse? A. I do not recollect any other. Q. Was i not always at the head of the atmy iu pas^ Ihrough the wilderness ? * A. I believe y<^u were. ' Q, When* t had occasion to be absent, did I not give in* formation to you, as second in command, to take the ooin- mandofthearmy? A' On the mai*ch I believe you did. Q. Was I not at all times during the march, while with the army, in a situation to have ordered (| disposition of tha troops in case of an attack. A. I cannot say, as f was in the rear| and understood General Hull to have been in the front Q. Was not the order of march reversed sometimes- which brought your regiment m front? "* A. I do not remember its being so reversed, uhtil the 4,tk Regiment ^joined us at Urbana— before that time my regiment; inarched in front. Q. (By a member of the Court.) IJid not Geneiid HuU arrest or threaten to arrest you, when you told him his ob- jjject was to disgrace the officer detached to remain at Sand- wich, to cover his own disgrace? J A. I did not hear any thing of an arrest, but confess I Expected one. ' , 'i Q. Had you any orders to permit the British officer to teview your regiment : if not, why did you permit it ? A. I had no such orders. The officer on his return from the General's quarters was accompanied, I believe, by Capt. Hickman, the General's son in law. Tfaiey stopped in front bf my regiment. The Court a^ourned till the next day. ±6th dayi Saturday, Bth Februaryt 1814. sue i^ourf fiiei pursuant to adjournment, when, all tl|» members and the prisoner being present; Brig, €l9fW(ti « 60 i al Hull addressed them from a written paper which he held in his liand — the witness does not recollect th« reasons for calling the council, excepting the situation of the -army ant^ the expectation of a great Indian foVce to > de- scend from the north — he does not recollect any force at the river Raisin — he says that the Gcucral expressed his wish to keep open the communication with Ohio-^-that the officers dif- fered in opinio/i from the General, as to the measures he was about to pursue ; as it Avould be necessary to recross the river Vfith the whole or pai't of the army to Detroit, and to take positions with the army on the road to the river Raisin, and to iboild blockhouses at Brownstown — that the river Raisin, the Bapids and Brownstown were three of the points that were mentioned— there had been a block-house built a few miles from Detroit and between it and the Rapids— witness says th^t G. M*Arthur was of opinion that the army had better attack Maiden immediately, in which opinion the officers generally concurred — It was thought that notwithstanding the Block- houses the Indians would still cut off our supplies, a de- scent on Maiden seemed to be generally determined upon in the Council ; and the General appeared to relinquish his own plan aoU to itdl in with the general opinion — that a question 67 then arose whether the army should proceed to make a de< seent directly on Maiden, or wait two or three days for the heavy artillery already mentioned — that votes were taken, commencing with the youngest officer, and all taken except one— 6. Hul^^who had taken the names, rose from his scat and appeared pleased that there was a majority of officers in favour of waiting for the artillery — that witness, who kept a minute of the votes, observed to the General that the question was not decided, and that the votes were equal — Gen. Hull appeared then to count the votes, and said again that thei>e was a majority in favour of waiting for artillery — witness again observed that there must be a mistake, as there was not a majority in favour of that-that the General then applied to Mr. "Wallace, who was sitting on his left, and while that gentleman was counting the votes. General Hull observed that Ijte had not taken the opinion of Quartermaster-general Taylor, and apologized to him for the omission— witness says that there was then a tnajoiltyfor waitingforthe artillery. Lt. Col. Yanhorne then said that on the 4th August, he was detached with 150 riflemen and a number of militia-men who had refused to cross into Canada to meet Captain Bush on the river Raisin, coming with provisions. The instructions from General Hull to major Yanhorne were then read, dated Sand- wich, 4th August, 18i2, (marked G. Yanbeuren) also the General ordprs of the same 4late, from Detroit, (marked H) Lt. Col. Yanhorqe then proceeded to state that pursuant to those instructions, he crossed the river to Uctroit, that nighty with the rlflemeq, and collected the militia who were to go-r-that when General Hull gave those instructions to him, he told the witness tliat although those instructions were written ones, if he found it necessary he might deviate from them— this was said, as witness believes, in presence of General Cass and Captain Hickman or Captain Hull witness says that he proceeded with the detachment, crossed the bridge over river Ecorees and proceeded about eleven miles ; then posted his centinels and oliowed his men to lie down to rest — tliat about day light he called the men to- ^ 1_ Cwtiii HiiiJuS |)rovi3ions, while he himself went to the settlement in order 69 l}u f If""" 'i '^KV?' toind put the back route mentioned in his instructions, aw<^k« the people collected all the male inhabitants, and enquired concerning the back road, when thpy declared they had never heard of such a road—that he then asked if one or two of thiem could not guide him through the woods— one of them answered that if (he sun were to sliine all day, he thought he might, but otherwise he might lose his course; that the coun- try was very swampy and he thought it. would be impossible to get through— that witness then sent one of those men off tq General Hull at Detroit, to say, that in consequence of not iinding any back road, as stated in his instructioas, he woujld take the Brownstown road, where the General^might direct the mail to follow— that wliile on the march he* received the letter marked J.-he does not recollect whether he received it at Detroit or on the morning after, but it is in the hand writing of General Hull— that wilness sent back a few men who were unable to march, and proceeded on his way, intend- ing to make th^ fiver Raisin, .iod had advanced about three miles, when Capt. M'Culloeh and witness's waiter were fired upon by a party of Indians, about seven in number, the former was killed— Captain JH'CuUock was acting as a spye and moving about. Q. (By the Court,) Had you no, flanking guards ? A, There were no flanking guards— the fire took place after the detachment had passed on the road. Wtness then said that he formed his detachment into a single line, and onlered them to encircle the ground witere they had just heard tlie firing— the left of the detachment wrenched up the corner of a fence when it received another ijre from those Ii^dians ; none of the Indians were killed upon the return of the fire, but one of Captain Rostan's company was killed— witness then formed the musketry under Captain Gilchrist— moycd up the remainder of the detachment and formed three sides of a hollow square, leaving the rear open while the men went to bring up the dead bodies— that about this time witness was informed that the mail was near at hand, and wished witness to wait and give it escort— that this was about 9 o'clock in the morniug— that having no tools iy Cover- ed tl;c men— that about an hour before the white flag was hoisted, and when the men were formed in thi: manner, General Hull came out during the cannonade and appeared satisfied with our position— it was then un*! « stood that the British had crossed the river— General Hull staid from three to five minutes witness says that he saw the I«Hlians at three quarters of a mile distance, and General Brock with some British officers on horseback communicating wi(h them- that after this, major Snelling came out to the line nd ask- ed for Col. Findlay ; the cannonading had then ceased, ami ^ritncss then, for the first time, saw the white flag on «.! 3 fort- 7i , % tliat Major Snclling addreaged himself to wJtoesf, is^yingi « where » CoJ. Findlay ?» and that Col. Findlay's regiment must retire into the fort; that a flag was out and must not be violated— that Col. Findlay did not appear satisfied at this oitler but said it must be obeyed ; and then ordered witness to march his battalion into the fort and stack arms, whieh was done. Witness is not certain whether or not General Hull was in the fort when he went in— he thinks Lieut. Hunt told him, as lie was going in, that G. HuU had surrendered. He says that Gen. Hull desired witness and several otherjiffioers to come into a room, where he told them that be Ignurreii. dered the town and fort of Detroit, and was ab^makine terms; and asked if they thought of or wished for any con- ditions—witness thinks he saw General Hull near the door of one of the rooms in the same situation that Ms^jor Snelling stated, and, from his whole appearance, was immediately im- pressed with the idea tliat he was under the influence of fear; and, at the time, communicated his thoughts to some of tho other oflicers. Witness says that some time after General Hull invited the officers into the room, he saw Col. McDonald and Captain Glegg ride up to the fort and come into the room, but he does not know if Gen. Hull was in a marquee or not, or where the terms of capitulation were made or agreed upon— he says that tlie fort was very much crowded. Wit- ness further says that about the 30th or 25th July, he was of- ficer of the day, and when, as was customary he called on Gen. Hull for orders, he. General Hull, estimated the reg- ular force at Maiden at about two hundred, and that of the militia to have been- originally about five hundred ; but said t|iat, from the best information he could obtain, it was then reduced to about two hundred and fifty, and that they were leaving them daily—the Indian force he at the same time . computed at about three hundred. Q. {By a wmber of the Court.) What was the appearanc* I of General Hull at the time he rode out to youp detachment after the enemy had crossed. Was it firm and animatinc ? A. I think not. ■ *: :u , n ><>d aboutaquarter of a mile. Q. Do you not know that on the I5th and the following night, I had undergone great fatigue : and among those indi- oations of fear which you observed, did you oBserve any in- dications of fatigue, care and anxiety or of either of them ? A. i do not knowt General Hull was on the ground once^ about 12 o'clock at night, where we (Colonel ^Indlay's regi- ment) were posted, and, I lielieve, once on the next morning, when the men were cooking their breakfast, and another time at the picket fenee-^Goneral Hull was on horsebaek — He appeared dull, heavy, dispirited, and without animation— < I have no doubt his anxiety added to this appearance. Wd had all been fatigued; but, on com()aring faces with other vt- fleers, there was an evident difference. The Court adjourned to Monday next^ • ±7th datft JV^onday, 7th Fe^iruar^y, 1814, The Court met pursuant to adjournment — all the members were present — Lt. Col. Vanhornc appeared, heard the ev- idence read to him, and made sod^ alterations ; upon whicli the Court was cleared to discuss die subject, as also to con- sider the propriety of putting a question to General Cass concerning the introduction of a British officer into the Camp at Springwells — The following was tlie question submitted to the Court, to be put to General Cass — « By whose order w '•', . ''■ • Ameriean eamp at Spi'lngwclU ?— State partloularfy ttie eirtiumstances attending it.**—- It was decided that the qurs- lion be put to General Cass — The objection uiado by the priioner, to the alteration of evidence once taken, was in the following words : *• The testimony is read over to the witness* as I conceive, for these purposes-r-first* for the purpose of ascertaining whether the expressions he used have been writ- ten down, and secondly, to allow him to explain himself, if his meaning in any respect should be misunderstood.-— If the WJIness admit ; or if the Court should be of opinion, that the '^vorda he used have been written, then he ought not to be jpermitted to ciiange those words. But, if the witness desire to. make any explanation of his language, it ought (o appear as such upon the record : and, if this rule be not adhered to, arwitn^si may vary his testimony according to impressions be may have received after his first examination. I do not nieaB to apply the oUservat on to Col. Yanhorne; but the principle may be important as respects the testimony of witnesses Hrho may be called, upon whose veracity there may be less ivliaiicethanonCol. Vanhorne's.*' — The Court ordered ** that the testimony of every witness shall be read to him on each day, as fiir as it has proceeded, and be approved by him ; and if any corrections take place afterwards they shall appear as such ; but, until the testimony is read to him as aforesaid, he shall have the eontroul of the manner in which his testimony shall be expressed.'' Brigadiei* Greneral Cnss was then called, and, in answer te the question above stated, said — When I returned from Mai- den^ having been there with a flag of truce, I was brought by a Capt. Barwiss a British provincial naval officer, In a boat — Captain Hickman and Lt. Peckham were with me — when I came opposite to Springwells, I thought it improper to take the British officer into our encampment, I therefore intended to have taken him to Detroit, and then to have informed General Hull — I proceeded about a mile, or a mile and a half al|»ove Springw.ells, when I was overtaken by an officer, who X think, was Capt. Hull, and who stated that General Hull Avas at the Camp at Springwells^ and directed me to return ) ID answer (• tbj(h6P.~I aeeordinj^ly retuned to Springwelli, ^hero, oa laading I reratiinMl with (he firiUsh oAloer, and sent Captain Hiolcman to Oeaehi) Hull to know if th^ British offloor should be introduced inio the encampment—Captain Hick* ! man returned and directed that the officer should b« taken to his (the Generars) quarters—whither I aeeordingl^ toj^ him. Gen. Cass here stated that on the 12tii tnsh Col. IBrosh stated to witness. Colonel Findliyr, Gen. M* Arthur, and, h« thinks General Taylor, that General Hull told him tliirt a oapkulation r;ould or might be necessary, and that he in< tendi^d or expected to surrender the fort and town of Detroit, or words to that effeet ; and it was in consequence of that in- formation that the statement on that sul^ect was made to Got. Meigs. This Ui$t egidence was given by consent — (tolonel. Brush was eonsklered by the offieers generally as the most^ Jadraate and oonfidontiai friend of the General. Mi\jor William A. Kemble of the 26th U. S. Infantry xrw sworn. Witness said, that be Joined the North-western army in G«n. MMrthur's reg. on the 9th May, 1812, and continued with it to the i6th August— that on the SOth July he was sent for to attend at Gen. Hull's quarters, when the Gen. stated to him that he proposed semiing a detachment to the river French, for the purpose of collecting some flour* grain and cattle, which were there — he said that he did not like the plan of detailing detachments from the whole army» and would wish for some field officer's proceeding on them with his battalion — that witness replied that he was from principle opposed to small detachments ; but that« if tlie (jreneral wished to send him, he would go cheerfully and vol- untarily command — ^that Gen. Hull appeared very much pleased, smd, after passing some compliments, ordered wit- ness to prepare his battalion for a march, and to get four days- provision ready, saying that witness should be accom- panied by Capt. Forsyth's compimy and go by land — that; about the time the detachment was ready to march, witness received a written order from Gen. Hull, directing that part of the detEelimeiit should Quiro!!: fifid nart >H^oc68d bv boats * >" i (J 7» was lijite in the , aift i'AQon before the troops were readv to mqvef when a\|o]eht storm alrose which would hav^ lu^de it iinpruqctit tcj jpi^Mjey'; dpon^^^^ which t^ Gen. Hull h(f directed jvviiness to wait^tliat in the mean time there wai$ ^ ruinotir in camp, that there was a reiiiforceiment on its way fo, Maiden j witness believes it came from Gen. M'Arthur— that the sei'vlce 'fitness was 2!C--that the Gen. assured him that it was n<»t his intention thar the army should march while he, the witness was ab- sent—that witness then stated, that ten or twelve days would be'^tequired ibh the performance of his duty, and that a British reinforcement might arrive at Maiden before the ex- piration of that time, and that be doubted the propriely of the measure y he also stated t6 Gen. Hull that he thought that if an immediate attack wfere made on Maiden, the coun- try,with provisions, &c. would fall of course to us — that Gen. Hull, upon this, told him to wait for further orders. But noHe were given. Witness says that he recollects that, when the flpst cbuncil of ojiicers commanding corps and field offi- cers was called, (in the 1st of August, as he thinks) and when Ihey werer assembled, Gen. Hull rose and addressed them from a wf'tten paper, atid stated the object for which he had called them together. He said that the fall of Mackanac, the want of eo-operation from below, on the Niagara, and the in- formation he had received respecting llie hostile intentions of the Indians, induced him to ask the advice of the officers as to the course h 2 ought to pursue in the ftiture operations of the army. Tfiat the Gen. stated as his opinion that a small garrison sjioidd Iw. left at a fort a little above Sandwich, callcci, spnieitiDl^si Fort Georg;e, and that the principal part of tlie anny should rcei^oss the river and open the eommunica- fion w ith Ohio, by establishing posts at Brcwnstown aiicl 77 civer Baisin— that « desultof^r conversation took place among the oflleers, in which Col. Cass and Col. M'Arthur took a principal part, the fbrmer recommending that Maiden should be taken; as it would be the best way of opeining a communi- cation ; not only thereby securing a communication with Ohio, but bringing the northern Indians completely in our powers while Col. M' Arthur went more particularly into detail, and endeavoured to demonstrate that if the Gen. should reerossr the river, it would be impossible for him to communicate with Ohio — that most of the other officers were of the same opinion with those two, excepting Capt. Dyson of the artillery and Capt. Sloane of the cavalry— that Gen. Hull said, « Gen- tlemen, if you determine to march to Maiden, I will march at your head." That a question then arose whether they should move directly against Maiden or wait some days for the heavy artillery ; on which question there appeared to be a diversity of opinion — that Lt. Col. Miller then proposed a plan for attacking Maiden without heavy artillery. Thi» plan was, that a select corps, consisting of about 800 or 1000 mfen, including the 4th reg. which, from its having been on service, was considered, in proportion to its numbers, a«i the most efficient part of the army, should be formed — that this corpg should be transported in boats, and proceed along the river, in the American channel, in the night, and should land before day on a beach below Maiden, and there form two divisions ; one of which divisions :hould march with the field artillery to the river Aux Canards (the enemy having maintained a picket guard there) while the other should march up the river Aux Canards to the place where Colonels M'Arthur and Cass had passed that river before, at the bi'idgc — that the division at the bridge should commence a cannonade, which, it was expected would draw a considera- ble part of the enemy's force to that quarter, as it had done before ; and in the mean time the iirst division should sui^- prize Maiden, if possible ; or, if not, should take it by asv^ sault. Witness says that this plan was objected to by some of the officers, as being too complicated; and Col. Cass thought it would be best first to determine whether the army ^houl4 or should not proceed without the heavy artillery— I^T'i 'ivM^i iJbat wiiHess, in «rder to be able to form an opinion, asked Gen. Hull for a plan of the fort and the country at Maiden, and its force j to which request he replied, with seme eni- phuiis, " Sir, it is stronger than Sloney point"-an answer that did not by any means satisfy witness. Witness saya that the next question proposed to the council was— «« whether the ar- my should proceed to Maiden, or wait two or three days for heavy artillery, one gun being ready and the other nearly so?" that upon this question the ofl|cers Tiereequulh di- Tided, and Gen. Hull decided in the negative, stating a difi- culty of transporting eannon from Detroit across to the Can- ada shore ; (the army then being at Sandwich) that witness proposed building floating batteries, one of which was done in five days — that when this was completed, he reported it to General Hull, and was referred to Capt. Dyson and Lt. Dar- raby — that at the time witness went to make this report he saw Col. Brush at the General's quaHers, together with three young men, who h^d been taken prisoners and confined at Maldc^i, and Itohi whence, they said, they had been released on parole— one of ihese men was a carpenter, and had worked at Maiden — 'hat this man stated (as well as witness recol- leets) that the British had about 270 regulars, of whom from 300 JO 2Z0 were fit for duty, and 150 militia ; and as to In- dians (of v/hoBn the British themselves could not tell the ex- act amount) he supposed they were from liiO to 300, and could not exceed the latler number — they also stated that vhen Colonels Cass and Miller had routed the British picket^ they were all in confusion and preparing to embark — (this ac- count was confirmed by the other two young men) — witnesH thinks Gen. Hull asked whether the British had strengthened the fort at Maiden, and that the answer was in the negative. Witness says, that on the 13th August (as he recollects) he was oflicer of the day at Detroit, waited on General Hull and found him and Col. Bush, sitting on the settee engaged In close conversation, rather low — that the General turned the conversation to provisions, alluding to some wheat which was then hauling in — that Col. Brush asked what quantity of public provisions there was. when the General replied, about a inonth's, and then asked the Col. whether the country around could mt a/ford i\ sufficient quantity of provisions for th» army ; to whieli Col. Brush ansifered he thouglit there would be enough for (wo months — witness also thinks Aat it wa» on the I'lth August he saw General Hull at CvlL. M« Arthur's marquee^ with Col. Brush and other officers— that %titnes»^ was about retiring but was called back by General Hull, who invited him to a seat, and asked him (in connexion with the oonversation then passing, whieh was on the saliject of tho enemy's moving on the other side with their artillery)— « What would you do"— « Sir," the witness replied, «« I wouIA fire upon them"-upon whi'th General Hull said, « But, Sii^ about the ammunition I would it be proper to expend it under these cireunistances ? MAJOR TREMBLE CROSS-EXAMINED BY THE PRISONER. Q. What is your age ? A. I was 27 years old on the 4th April last. Q. Doyou reooileet what portion of officers disapprovedof Col. Miller's plan of attack on Maiden ? A. I do not recollect, as no question was taken. Q. Did Colonels Cass and M'A?thur object ? A. My impression is that Col. Cass did object, on aecouut of its being very complicated I cannot say as to Col. M'Arthir. Q. Was the other 24 pounder brought ovei from Detroit^ and when ? A* I think it was, on the 6th August. Adjourned to the next day. 18{/i day, Tuesday^ 8th Fehruai'yf 1814. The Court met pursuant to adjournment, all the members being present. Captain James Dalliby, of the ordnance de- partment, being sworn said— that he belonged to the North- western army under the command of General Hull in 1818, was at Detroit on the 16th August, and was there previous to the war— went there in 1811, and bad never been absent— that he commanded the battery (the uppermost of (be three bat- teries) in the town— he says that the following is an aceonnt nftho ordnance at Detroit : viz. ' . I 9 8' 5 3 3 1 1 1 8 do do do do do do do do do Iron on trunk wheel 80 ^)i poUndet's» 7 mounted :!2 uumoiuitedy 12 do iron 4 do 4 do 9 do do 4 do 1 do (as he kelteves) ' 6' do brass mounted on travelling carriages. 4 do do do do 3 do do do do 8 1-2 Inoh howitzer, brass 5 1-2 do do do 3 1-4 do do do 6 do do carriages in the block house at the upper end of the town. Witness says that this was the whole of the ordnance ex- tepting two or three small howitzers and swivels which were *)ot reported) and that most of this ordnance, was mounted be- lore the 8th August — witness is of opinion that there were ^500 stand of arms, in the whole, including rifles, for the arm}'— he says that accoiHling to the returns made there were at Detroit od the day of the surrender 1400 cannon balls for 24 pounders, about 1700 for 12 pounders, 1400 for 9 pounders, about 4000 balls for 4 and 6 pounders, about 4800 three pound balls, 290 ten inch shells [not fixt] about 500 eight inch shjslls, of which 100 were fixt, and about 800 five and a half inch shells, 100 of which were fixed ; a large quantity [say 4000] of 2 3-4 inch shells called hand grenades, a considerable number of which were fixed wilh powder and boxed. Tlere were also, witness said, about 3 1-2 tons of lead, of which a considerable quantity had been run into balls, as innch as was considered a sufficient supply for the army ; about J. .^ ISOO fugees in the rough- — between 2000 and SOOO priming- tubes, several hundreds of which were fixed for immediate use ; about 100,000 flints, 200 rounds of fixed ammunition i^r the 24 prs. (as (Iierc were 400 rounds on the 14th) about ^ rounds of grape for the 24 pounders ; (about 200 rounds were fired) — as before stated there were 100 rounds fixed for cqich of the 8 and 5 inch howitzers, about 7 having been fired, leaving the above number- -witness says that about 100 rounds for each of the brass 6 pounders were sent over to Canada, of which about 80 for e.ich were expended— that about irO rounds Mere prepared for each of the 3 pounders, *jr- si do do do do do do n trunk M'heel of the town. te ordnance ex- uls which were as mounted be- hat there were ; rifles, for the ade there were annon balls for for 9 pounders, 00 three pound )00 eight inch and a half inch ty [say 4000] of i considerable * and boxed, ons of lead, of into balls, as le army ; about SOOO priming- for immediate 1 ammunition he 14th) about lut 200 rounds innds fixed for ing been fired, lat about 100 e sent over to spended— that c 3 pounders, knd some fev^ for the 4 pounders [say ^5 each] that he doe^ not know the quantity of ammunition or rounds of grape an4 cannister prepared for ihe 24 ; 12 and 9 pounders, af^ previous to the declaration of war, the fort had been put in a state of defence, in expectation of an attack from the Indians, and, in expectation of one aftet* the declaration, from the British and Indians ; and as the ammunition was not deemed neciessary for the defence of the place, it remained untouched at the surrender— witness says that there was a large quantity of uiusket and rifle cartridges prepared, as much as was deem- ed necessary, but he cannot fix precisely the quantity — he can- hot state the exact nunil)er of barrels of powder, as a good inauy had been taken to fix the ammunition — he believes there were ;>')Out 100 casks remaining marked ffom 100 to 112 lbs ; that is. including fixed and unflxed, about 10,000 lbs. ll^does not know exactly. He says that on the 7th or 8th August every thing was reported to be complete for service witness had charge of the laboratory in July and August^ ti general preparation was made by artificers under the orders the witness,— which artificers were then discharged. The witness proceeding said that the fort lies on the high- est ground in a circumference of three miles, was a regular half bastion fort, composed ol 4 curtains and 4 half bastions, about too yards on each face, not including the half bastions ; about 75 yards being the extreme length of the curtain that the fort was made partly of earth — the parapet eleven feet in elevation- -the thickness of the top of the parapet about 13 tcQi the banquet for in fanti'y six feet from the foundation or level of the fort, and five feet for the parapet — the whole width of the rampart at its base 26 feet— at the bottom of the exterior or slope of the parapet there was a horizontal space ofground about 2 or 3 feet in the width, extending round the whole eircumferehce of the work, the ditch upon an aver- age was from five to six feet deep, and af ihe bottom 12 feet tvide, beyond the exterior or slopf at thi: ditch anseope, oip glacis, or esplanade. There was fai- fly a covert way, g£ which traces were remaining unhurt, in the bottom of the ditch round the fort there was a row of pickets of cedar, nearly new, in diameter and il or 12 feet high : these pickets were fasten . 8S cd together by a rib-.-The gate was strongly made of planii witii spikes ; over the j^-ate was a look out house, also strong- ly built in the fall of 1811...eannon were mounted in the em- brazures. most of which were repaired and put in good order w 18U, and the fort was, generally, in good order and in cood repair. "I^itness says that on the morning of the i4th August ho was stationed at the battery called Bartlett's wharf, and he thmks the British were erecting baUeries on the opposite side, he thought that he was placed at his station to return their fire, and for the general purpose of defence, as at that time evefy thing bore the appearanfee of an attack upon the lort^ that the guns at the batteiyr commandod by witness were on aplatfown on the edge of the river, and were intended against shipping expected from »Jackana j J hey were without any parapet and weiemucii iowerfhan tiiose of Iheeneniy-That, from th." position of this battery and i{s form and from those ''f the entmy , he l^nc w that in < is? of an attack from them he cuuKi do them no injury, and tiiai his own men were exposed to be swept oif every five minutes ; that he therefore applied to the General for leave to build a battery in the eenti e of the town, and upon a level with the battery erecting by the enemy, permission for doing wjiieh was obtained j the battery was commenced about one o'clock 6n the lith, and completed, so far as to be ready for action, at the same hour on the 15th j that on the evening of the 14th, when the workmen, after leaving off work had generally dispersed, witness remained ia the battery, to Which General Hull rode up ; when witness conversed with him on the propriety of driving the enemy from their works opposite the lower end of the town, which Lad been completed for some time—the words of witness were, « Sir, if you will give permission, I -,vill clear the en- emy on the opposite shore from the lower batteries"— the general answered. ** Mr. Dalliby I will make an agreement with the enemy, that if they will never fire on me I will never fire on them"— and concluded his answer with this sentence" Those who live in glass hoijses must take care how they throw stones." He then rode off. Witness says that on the morn- jng of the 5th July, before the American army arrived at De- ■ iroit, the e^emy were ip erecting two battsrles op the same S8 cries" — the ground ^^here they were seen workin?; anerwards-.-that witness was then ordered by Major Whistler, who at that time commanded, to fire on them from tlie battery at the lower end of the town, from the 2* pounders'-.that he did fire upon them, which had the desired effect — that they were driven away, as they were also from the King's stores^ about a miie and a half distant, from whence they were taking off flour, and about the same time the inhabitants on the opposite shore removed^ and took a new road at some dis- tance from the side of river, to keep out of the range of our «hot. Witness says that the cannonading commenced about 5 o'clock of the afternoon of the ISth and was answered by th^ battery he commanded as well as from the otiier batteries^- that this cannonade commenced a short time after the returii to the enemy of the flag of truce which had been sent to ask a surrender of the fort, and continued to he exchanged till about 10 o'clcck at night— that the fire of the 15th was not injurious to the army, only one man having received d wound in the leg; the town was a little injured-that on the 16th the firing recommenced on both sides (first by che enemy) at break of day ; during which little injury was received, to tlie knowledge of the witness, the fire being principally directed towards our batteries— that witness had reason to suppose and has since understood that one of the enemy's batteries was silenced, which they repaired; and about 10 o'clock on the 10th August witness leeeived orders from Capt. D.>son ire the name of General Hull, to cease firing, which orders he obeyed-that the enemy then continued their fire for 1& minutes, which they directed principally against the fort, and which they were enabled to do with precision, not being annoyed by us ; and some oflScers and men were killed in the fort, while witness with his men were in the battery un- employed ; and that soon afterwards he saw the white flag hoisted on the fort— witness says that he did not know of any luusket cartridges having been damaged. Witness says that he was at Maiden in July or August tSll, and has been there since—that the fort was a regular four bastion one of earth—that the curtains were nothing more than ni(>k<^ naliaoAaa <^n 4i.^ -:.i-- ^i ^ . 34; fopweiJy onthe vivor side n fleche, vi>9n i^lilch ^ cannon liafi peen uiounted, but none were mounted on it in 1812 when Im iras a prisoner, at which time he went round it to satisfy hiscu- riosiiy, but found no alterations, witness saysth^t on the sot h iide of the fprt there had been considerable alterations, und the batteries had been repaired-the pickets appeai-ed to be f>Id, not very strong, and in a state of decay.- Witness re. mained three weeks after the capitulation, and no north- ern Indians arrived sooner than about three weeks after the capitulation, witness was at Maiden at which time when there was tune for them to have heard of the fall of Detroit. CAP IAIN DALLIBY CHOSS-EXAMJNEB BY THE PRISONER Q. Please to describe Mie whole distance of the curtail, round fort Detroit ? ■ A. Going the circumference of the fort, following the line and tracing the angles, might make a difference of 7d or 80 yards from what 1 before stated. Q. You have described the state qf the fort and of the preparation for defence and attack. How Ipng before the surrender were they in the state you have described ? A. We commenced in February 7, 1812 to put it into a state of defence against the Indians, and on the Mh July it Tvas completed : before the army arrived we had lain upon our arms for three nights, and were prepared in (he day, with matches lighted. From Che Mh July (o the 8th August the field artillery was put in order and u.any im.,.ovements were made in the implements, gun carriages and oidnanee stores for the purpose of n.oving into Canada and aUacking Mahlen' On fhe arrival of General Hull at Detroit, the greatest ex' ortions were used to put the regiment in a state of defence Capt. Dalleby then stated that the batterv he erecJed i« the middle of the town \yas about lour feet high and tlie em brazures were maiked out-that when General Hull went to that battery on the 14th August, and was asked bv the witness for permission to fire on the enemy, the word " never'* Mas used (the wirness believes, but will not positively say) bv Gen. Hull,' in answer to the request—He did not under- ^tand that Gen. Hull had made an agreement with the enemy fot to Jive on each other, but that he was willing (o dp it Capt. Daniel Baker of the Ist Hog. of U. S. Infiintry tvas (hen swora. ' This witness stated irt evidence that he was in the army at Detroit on the I6th op I6th August und^ Gen. Hull and had been there for several years hefore. in the quarfernia8ter»s department.— There were on those two days, or ought to haVo been, between 5 and 600 of the Miehigan miJltiu— that he ieived with the volunteers from that territory at Brownstown, where their eonduet was brave—witness was at the fovt of Deiroit until he heard of the surrendi-r, and saw Gen. Hull in the course of the morning of tlie I6th when he apinaied to beembarrassefl and at a loss how to act— that witness can- not say what the General's feelings werts but could account for thesuirender no other way than by supposing him un.lertho influence of personal fear— witness says that he was former- ly acquainted with Gen. Hull— that he was tolerably well acquainted with the resources of the army, and was satisfied in his own mind that there was a sufficiency for its subsist- ence for three months— witness says the fort was much crowded. Cross-examined by Gen. Hull, Q. Wore there not provisions brought into that country, for the support of the inhabitants every year ? A. I believe there were large quantities of pork brought into that country on speculation. I am of opinion that there was plenty of cattle and grain in the country ; but pork, I be. lieve, was not raised there. Q. Can you state any acts of mine, explusive of the sur- render, that were indicative of fear ? A. I saw the General on the morning of the 16th in a va^ rlety of postures ; sometimes sitting j sometimes leaning, and sometimes standing in the fort ; and his manner shewed embarrassment— onte. on that day the Gen. was out of the fort. ^ The court adjourned to the next day. 19 Aug, Wednesday, 9th February, 1814. The court met pursuant to adjournment, ail the members being present, when Lieutenant Dixon Stansbury, of the 1st Reg. of U.S. In- lantry was sworn, ^ 68 The PvicloncB of this witness was as folfows— that he he- longed to the N. Western army and remained with it until the eapituialion— that he was at Detroit on the IStli and 16th August and commanded one of the guns in the fort on the 16th — that on the night of the 16th the Gen. lay in the piaz- zaof the barrack and went (o bed about 11 o'elock-.-that ■when witness awoke in the morning the Gen. was not there, and witness does not know Wuen the Gen. got up—that wit- ness also slept in the piazza of the barrack— that he saw the Gen. in a tolerably safe place— As to his being afraid, witness cannot say— witness marched from Newport in Kentucky, and commanded 28 regular troops at Detroit— He did not then belong to the 4th Reg. Cross-examined by Gen. Hull. Q. You stated that I went to bed on the night of the 15th Did I not lie down on a matrass, with my clothes and boots A. You did. , Q. What time did I rise at ? A. Before day sometime. Q. Did you not observe me in the morning of the 16th, going about in different parts of the fort ? A. I saw you on the parade ground, but during the princi- pal part of the time, near the gate out of the way of the fire. There was no necessity, that I saw, for your being exposed in any other part of the fort, or on the parapet, to be fired at as a target. I had my orders, and I suppose the other of ficers had theirs. Q. Had you an orderly book ? A. I had, it was taken in the vessel. I got another after- wards but never used it. Capt. Oliver Q. Burton, of the 4th Reg. U. S. Infantry, sworn. Witness was at Detroit on the 16th and 16th in the North-western army, under Gen. Hull ; knew of the capitu- lation and when it took place— was in Capt. Dyson's quarters when Gen, Hull, Gen. Brock, and two or three other British officers were writing (as I was informed) the articles of cap, Itulation } and he firmly believes they were engaged on the notliep after- 9f whioh whn»« . »ro(,K, witli sdnie lines struck out, iiig Home u|>OD iheir paiolc-Gpn. Brock acrced that tha tr.,?r';i!"f,."^ *''•':'• '^'"''■e """»S-'hi. was after molicct the names of any American offlcer, in tlio room at (he time, bnt there might have been son>e ia it. Cross-examined by Gen. Hall. Q. How long before the meeting at Ca,,t. Dyson's onar- tcrs. was the meeting between the BriUsh and Ameriean'offi eers in the marquee ? A. I saw them at Capt. Dyson's about 11 o'clock, to the w hZeTr^"' ""•^' - ''' "'-^- ^^- -«^- Q. Hatl you ait orderly book ? A. I cannot say I had, after leaving (he rapids of the Mi- am , mine having been put on board the vessel. 1 believe I nad not. Q. How did you receive your orders ? A. I received (hem sometimes vorbally j at others by sec mg them on paper through the adjuunt. Q. Do you know whether these interviews took place be- aTd Casfr ^"^ ^'''**""*' ''*"'^ '^''^''^'^ *"'*"" ^^^'- ^^'^^t»*"r I think it was after that I saw Capt. Mansfield arrive with a flag from Col. M'Arthur, as was said. Major Thomas 8. Jessup, of the 19th Reg. of U. S. Infant- ry—sworn, and said Canada with from 1600 to 1800 men ; which force was oc- casionally increased and diminished, several detachments be- iBg m^e. 4t a eoiu^cU of wav heia about tte ead of Juljr ^ A#, IMAGE EVALUATION TEST TARGET (MT-3) k A {./ /- « 1.0 I.I ViXOK 125 lUWu II L25 1 U 116 Hiotogmphic ^, Sciences Corporation *5^< 23 WEST MAIN STRKT WEBSTE<',N.Y. MS 60 (716)872-4503 «> r o v.. /. ^ bv beginning of August, I was called on to explain a repori( of the Brigade — this was a few days previous (o leaving Can- ada. At that time 1800 men were, to the best of my itfcol- iection, considered as (he disposable force to act against Mai* den> (tliis perhaps included the Michigan legion) leaving enough to garrison Detroit-'-The Michigan militia were, I believe, to be called out. Sometime on the 15th I received information that a summons was sent by Gen. Brock to sur- render ; and I understood that Gen. Hull had answered that lie was determined to defend the place — I met Gen. Hull on horseback in the street shortly after the answer was senty and enquired of him the disposition to be made of the troops. Gen. Hull sHid that the upper part of the town was to be de- fended by the fnilitin under Col. Brush ; that the Michigan legion and the Regt. under CoK Findlay would form a line on the back of the town, from the fort, to close with the militia; under Col. Brush ; while the 4th Keg, would remain at or near the forts. The Gen. said further that orders had beenl given to the ofiiecrs^ He was apprehensive that if an attack were made the Indians would attempt to turn the town. At a short distance from the town was a corn/ield, said to b6r< long to Col. Brush. I was apprehensive that, if the attack should be made, the Indians might be sheltered by this field, and proposed that the corn should be cut down — the General would not agree to tliis, but permitted me to examine a block- house which was in the cornfteld. I found it filled with hay or some other fodder, belonging, as I understood, to Col, Brush, and not in a situation to receive troops. After Col. Findlays line was formed in the rear Of the (own I discovered that the detachments of Cols. M'Arthur and Cass's Regts. in the event of an attack from the enemy, would be much exposed, they being nearly in the rear of the fort, I therefore, proposed to Gen. Hull that they should join Col. Findlay or Col. Miller, of the 4th— he directed that they *^%». should join Col. Findlay*s ; and I accordingly communicated the order to Capt. Sanderson, the senior officer I found upon the ground. On my r'iturn I met Gen. Hull, who told me that he had changed his mind with respect to the disposi- tion of those Regts. auri that I might proceed upon my other ( 89 ) tluty, as he would communicate the orders himself. Shortly after quitting the General I inet Mr. Dougan, quarter- master of Colonel Findley»s regiment, and went with him to Spring: Wells. We discovered a considerable British force at Sandwich, nearly opposite to Spring- Wells ; one or more British vessels had anchored below, and some of them were moving up slowly : the enemy appeared to be collecting boats, and we supposed they intended to cross the river. When we were about to return, the British batte- ries commenced firing, which was immediately returned by our fire. This was on the 15th. On our return we passed by General Hull on horseback in the street, near the se- cond battery^he appeared to be agitated. Mr. Dougan or I, observed that the General was frightened; and it was also observed by one of us (I do not recollect which) that " we mmt cheer him up,'' We approached him and spoke to him, and noticed that he was pale and v^ry much confused— he dismounted from his horse and led him to^ wards the fort— The firing continued for some time after dark. I was employed posting our vidette guards. After the firing had ceased, I requested Mr. Taylor and Mr. Dougan to accompar;^ me to Spring-Wells : we again met General Hull near a Mr. Hunt's, at the lower end of the town, and requested leave t of the 16th, and does not know when it was pitched. ,.U .wr' '" " ^"'•'°" ** ^'"'«'' '«'"■ C»P«»i» Fuller said that he received a letter on the 2d July fthe dav aft^ .*"r i'a T """"" ""^ MiamoUmtne;^ hZ to Colonel Anderson, to proci« for witness , boat and funds, that he might go inpu..„it of the vessel which ,^ ^l«„Tf ""' ""} r** '"'•• C*«' Anderson co^d not find, boat; and, fromth,, wind, blowing so harrit would have b.«, i„p,..ihle t, overtake the vessel. Col " nel And.r.on wa, the commanding officer of the milithi A^n^d d.d every thing in hi, power to procure a tea - *.t 4e g«,erd sent for witr.e.. about daylight in the mom- »g. to send h,m off to stop the vessel, saying that he had .u.,re.e,vedana«ountofth,edecUratio„ofw^.He though Ae genend appeared on th« morning of the 16th Uke ami fun of anxiety, duH, heavy and low spirited. oertnlrV""^.*" ' '"'' *' "•**""« »' "--"B ""der personal fear: do you not think that appearance mi.h, W ^«ed^ froman,..ty and the hea;''^;:^:^ A. I presume it would. I have no doubtofyour appear- ance on that occasion being the effect of personal fea^ I had none then, I have none now. ' ( w ) Captain John Z. Eattman, •/ the Mh RegimeM U.S. Infantry^ nvorn, • , Captain Eastman informed the Court that he belonged to the North- Western army under General Hull, and was at Detroit in 1813, adjutant of the 4th Regiment— that the morning report of that regiment, on the 15th August, was 345, grand aggregate of total present, including a small de- tachment of the Ist regiment under Lieutenant Stan^ury, then unfit for duty, and the sick ; that "he saw Colonel M' Donald with General Hull in Captain Dyson's quarter* — ^heard the general express to Colonel M'Donald a wish to make provision for the Canadians who had taken protection from him, when Colonel McDonald replied, " It is totally inadmissible," and the general said, " Welly Sir^ I •hall Mirrender," When the shot from the enemy killed the offi- cers. General Hull went into Captain Dyson's quartevi|r and immediately returned with a letter, which he gave to Captain Hull, his aid, to send by Captain SneUing with a flag. Captain Hull took one of the pikes made for board« ing the Queen Charlotte, tied a white handkerchief upon it, and gave it to Captain SneUing, who took hold of it with- out seeing the flag, but upon seeing it, said he would be damned if he would disgrace himself by taking that flag from the fort. General Hull standing near, asked what was the matter; Major SneUing said he was in a passion, and Captain HuU then took the flag and went witness did not know where. Witness said that he saw the general on the moraing of the 1 5th, when the sheU burst. When it came into the fort he ran as if he was going under the platform, but witness did not know whether it was his intention or not. The gene- ral's whole conduct, on the evening of the 15th and mornmg of the 16th, was such as to impress the witness with the con- viction that he was under the influence of peraonal fear, which opinion witness expressed at the time. Witness remained ( too ) 24 6^yB at Defrost after the capitulation. The Saganae In- dians «mvf .i there in about three days after the capitula- tion in number about 260, of whom 60 were warriors- ^e Makana Indians did not arrive before the 10th or 11th ^eptewber, in number about 1 100 or 1200 warriors, ^MemjCross-exummedby General Huii, mtnese said that 2ie had not the orderly book of the 4th Regiment, nor any manuscript oi J.rs, and presumed the enem> possessed them- selves of it— that Lieutenants Stansbury's and M'Cabe's ^tachments were included in the morning report of tht 4|n^ Heg^mem. i^^'i^riant George Gooding, of the 4th V. S, liegiment Infantry, sworn. ^T'^Z" 'TJ^** ^^ ^^ ^" *^ North-Westem ar^v under General Hull, and went with the baggage in the vesV •el from the Rapids-^^iid not go by any order, and never knew the master of her before he wert on board-^hat he saw two tmnk. on board, which he supposed belonged to '^neral Hull, containing letters from the Secretary at War to the general, but does not knowof imy muster-rolls. The b^at was taken in the mouth of the river, between the shore ^d the island of 3ois Blanch, and onthe Maiden side, near of Maiden. The boat that took them was coming from tneisknd. y^uness saw onthe south side of their boat a argc batteau full of British soldiers, making for them- Aat there were m the boat with witness altogether about 40 or 45 men, 34 or 36 of whom were of the 1st and 4th «g.me«ts, the whole of whom were invalids , two militia rn^l'^HK T '7''""' -"^d himself beingthe onlypersons m ueaUh on board, excepting the boat's crew-that the arms were m die nold-that when they started they had not the rl'lT? "" or suspicion of being attacked-that on the 2d July, witness was taken to Amhcrstburgh, and \ ^vi ( im ) remained there until the 6th August— >while there he saw a Iptter from General Harrison to General Hull, naming a certain Indian chief, upon whom the latter might rely; which Indian was put in irons in consequence. Witness says that the regular British force at Maiden was from 200 to 250 ; that about 120 boatmen arrived after he arrived there, he having seen them draw part of their arms from the military store ; that the militia was coming in every day, but he did not know their numbers, nor ever saw them parade-^the militia guard about the middle of July stood 48 hours, on account of the smallness of their numbers ; that Colonel Proctor arrived at the end of July, or first of August, in an open boat, with ten or twelve mep. Witness knew of no force brought by Colonel Proctor, nor of any reinforcements after his (witness's) arrival there, except about 50 or 60 Sank Indians, who came about the middle of July. Witness saw a man riding in, and heard him halloo " The Yankees are coming,'* and then he saw some things going on board the brig Hunter, and there was much confusion in the town. » ■ ■ Cross-examined by General Hull. Says that he thinks there were an officer and six men in the boat which took our vessel with the sick. and baggage ; that he saw some small arms and cutlasses-^that he had no or- ders to throw aw^y arms or any thing ; there was a captain Sharp on board, a senior officer ; that the boat was loaded and the arms stowed aw(>y before he went on board ; that he does not know the number of militia at Maiden ; thev were coming in every day from the 2d, to about the 15th July J that they had no thoughts of being taken, or of making any attempt at resistance,^and he has no recollection of any instructions to keep on the American side ; that the confusion he spoke of as being at Maiden was in the town ; he was not in the fort. In his opinion, if they had been prepared for action, the^ could not have escaped. ' -%'or Jermiah Monson, 27th U,S. Regiment Infantry^ sworn. Major Monspn said that he was wounded before the army went into Canada, and was not reported fit for duty, nor has done any duty since the 9th or 10th July, when he was wounded ; that, knowing that Colonel Cass and Major Mor- rison were absent, he desired his brother, on die evening of the 15th, when the enemy's fire ceased, to take him to the grouftd where his regiment was posted, as well as Col- onel M' Arthur's, in the rear of the fortress and in the line of the enemy's fire ; that General Hull and his aid. Major Jessup, came there— the regiments were in disorder and confusion— the sick and wounded of these detachments were situated in the ditch of the fort, whither they had gone for safety, from the place assigned to them; that witness Ap- plied to General Hull to have them removed, and was re- quested, if his health would permit, to attend and arrange them as w6ll as he could, which he did, and struck the tents, and General Hull expressed his approbation of what he had done ; that he asked the general if it would not be proper to inform Colonel Findley of the new disposition of these men, and was requested, as it was on his way to his- quarters, to do it, but being exhausted, he sent word by Major Van Home. This was between 11 and 12 o'clock at night. Witness said that he, as well as his brother, had some business with General Hull, and went to him on the 16th about one or two o'clock, P. M. Major Glegg same in and apologised for the firing having broken some of the win- do'vs of the general's house. The general told the witness that he could do nothing m his business till Colonel Cass ar- rived, and that he was expecting him every moment. He said, ** I almost dread seeing the Colonel, as I expect he will censure mc very much, my country will also ccn- ( 103 ) sure me, but, under existing circumstances, I have done what my conscience directed— I have saved Detroit and the territpry from the horrors of an Indian massacre." Cross-examined by General Hull. Q. Were not the best men of Colonels M« Arthur and Cass's regiments sent upon the detachment under those officers i A. I do not know; I presume so. When I formed the remainder of the two regiments, there were 30 or 40 of those invalids, who were with sufficient officers in the rear formed as a reserve, and permitted to lie down with their blankets. Q. What was the quality of the arms of the three Ohio regiments? A. At the time they drew their arms, I was acting as aid to Governor Meigs, and was ordered, with a mechanic, to inspect them : many of tiiem were condemned, and many of them proved very bad. On the day previous to my be- mg wounded, there were considerable complaints about die arms-Colonel Cass ordered diem to be examiotd, which was done; there were many unfit, and were replaced bv jome new arms, issued by order of Genend Hull from the arsenal at Detroit. . ^en^erT***' ""*' ^^ ''^'^ "^ *^ ™' ""^ *^ ^^"*^ °^ »"«■- A* I do not knew. C^djoumed to the next day. J ( 104 ) ■ B U 1 Stst Day. Fridai/j iUh Februartfj ISU, The Court met^ pursuant to adjournment — all the members present-— 'When Lieutenant Asher Philips, of the ISfA Regiment United States infantry y was sworn and said That he was d9ing duty in the fourth regiment of infan- try, and in the army commanded by Brigadier General Hull, and was at Detroit on the 15th and 16th August, 181 2-— that he 9aw General IIuU on the niorning of the latter day, but did not hear him say much ; he was sitting on a tent, which was lying on the grounds with his back to- wards the parapet or wall, one gehtleman and one lady near him — he appeared to be very much agitated, and wit- ness then supposed that he was under the impression of fear— the gentleman who stood by the general was Doctor Cunningham, who the lady was witness did not recoi- led. Q. (By ^General Hull). Did you not see a number of officers about me, while sitting on the tent, on the morning of the 16th? ' A. irhere might have been; but I do not recoUectt They may have been walking about, but not sitting down. Captain Charles Fuller was again called^ and being examtri- edby the fudge Advocate, says That there were some women in Captain Dyson's quarters on the morning of the 16th August, sewing up flannel cartridges* Colonel Brush's wife and the wives of some other of the officers were in the fort on that morning. ^estions by General HulU Q. Did you not see the Ohio militia (volunteers) then ? State what you know of their discipline. ( 105 ) A. They were as well disciplined as militia usually arc, •nd better than the Indiana militia uader General Harrison. Q. Was it ID my power to prevent indiscriminate firing, when I gave orders to that effect. A. I heard of orders being frequently given to prevent promiscuous firing, but they did not entirely suppress it. Q. Did you never hear of a mutiny among them ? A. I heard the sentence passed upon two or three of the ringleaders. Some of the volunteers refused to march from Urbana— Captain Cook's company was sent back-^ There are more particulars stated in General Hull's official letter. Q. Were there not labels posted on the trees, recom- mending to the men not to march ? and were not some of the officers rode upon rails ? A. I heard of these things^ but never saw them. Colonel James Mtlkr, of the m Regiment United Stated In- fantry » called and nuorn* • Colonel Miller said that he commanded the fourth regi- ment of United States infantry in the North- Western army under comnaand of Gen. HuU joined the army at Urbanaand remained with it until the 16th August-^that he knew no- thing of an order of battle in the march from Urbana to Detroit— that there was a general understanding how they were to form in case of being attacked in the woods— this was known by his regiment, but he could not say as to th« militia. Witness crossed over to Canada ; was at the river Aux Canards with Colonel Cass and the detachment under his command ; went with a detachment of 50 regu* lars and about 250 Ohio volunteers. Witness was a vo- lunteer, by consent of General Hull, and under the com- • mand of Colonel Cass— the detachment proceeded within a mile and a half of the bridge, and then sent some men in . advance, who reported that there were «0 mr > •>f the «ne* O H ( 106 ) my (25 on the bridge, and 25 on the other side of it) ; 49 riflemen were then detached towords the brtdge, so as that the main body of the detachment might march under cover, with a determination if possible to secure those 50 men. It was expected that some guides would be procured; but, not having any acquainted with the country, the detach- ment shewed itself to the enemy sooner than was intended ; in consequence of which they fell back fl-om the bridge and formed the line of battle so as to prevent our cutting off their retreat. They fired three ineffectual vollies upon us and made good their retreat. The detachment took pos- session of the bridge ; left a guard at it; and fell back with the main body to some farm houses, with the view of get- ting some provisions; having taken none with us. An express was then sent to General Hull informing him of what had been done. The possession of this bridge by the enemy was a great obstacle in our way ; and having now got possession of it, we presumed it would be kept. In answer to the communication General Hull sent an or- der for the detachment to return, as he could not think of dividing the army, and did not intend proceeding to I^al- den for some time. A second application was then made to the general, urging the necessity of maintaining the bridge, in answer to which General Hull sent a discretion- ary order on the subject. The officers were called to- gether to advise upon the case ; and it was determined that, unless we could support the bridge with our whole force, we had better return* as the enemy was very strong, in whole force, within four miles of the bridge, which was fourteen miles from our main body. Witness said that he mentioned to Col. Cass, and they agreed, that, as they had not the disposition of the whole force, they should not take the responsibility— they then left the bridge and re- turned to the encampment. Witness said that on the evening of the 8th of August, (iQf ) he left Detroit, having been ordered with a detachment of 600 men to go to the rivur Raisin, for the purpose of es- corting some provisions which were under charge of Capt. Brush— that the first opposition he encountered was from a party of Indians, who fired upon his advanced guard near Maguaga— that the detachment being in the woods lightened themselves by throwing off their knapsacks with their provi- sions, aod then advanced upon the Indians, who retreated and were pursued two miles and a half— that witness did not think it prudent to allow the men to move from the line to take up their knapsacks— that the Indians reached their main fqrce there and made a strong opposition, but were defeated. Witness could form an opinion of the strength of the enemy only from the length of our line^ and he con- sidered the forces on each side nearly equal. He thought that by this operation, the communication with the river Raisin was completely opened. Witness sent a spy into Brownstown and understood by Captain Maxwell that the enemy had disappeared; he then returned to the field of battle to collect his dead and wounded, and encamped there for the night. Captain Maxwell was sent out the ensuing morning, and brought two or three scalps on red painted poles left by the Indians, as evidence that he had been at Brownstown. Witness said that he detached Capt. Snel- ling to Gen. Hull, at Detroit, to inform him of the transac- tion, and that we had lost the greater part of our provi- sions ; and requesting him to send provisions with boats or waggons to carry back our wounded men ; and also with a further request for a reinforcement, if he could spare it, as the men were very much fatigued and many were wounded •—that Colonel M* Arthur came down the next day with 8 or boats, and brought (as witness thinks) 2 barrels of flour, one barrel of pork and apart of a barrel of whiskey -that the men were very hungry,and made, witness believes, only 4 breakfast of this supply— that it was late in the day m ( i08 ) tance then from the rivet. »«;.■ .- «*=— mc oh- abouth^ir "" '"""""^ ">"'n was 1& or 18 miles, beinr about haU «„y fc.,„„„ ^^,^.^ ^_^_j _^ R.i.i„_,h;, ^'' Xl^ ,h Jh ""u"'" ""' "-"Pl'-i-K of want of SLuWer?„rr *' "««"»""»«. ana *™ «» witn",.". Tme bv .T.i T« f "■« <'"«y. .".wered that he had come by , back road and had lost hi. way. He bron^ht to S^llS^T :"•'"«*"■» «— 'Hull to m„t »■ DetrT on^'th" rh-tr'" "l ",' '""' "" "^«-. " command on A., ~ V" *' '""^ """^^ «'»«»*• command on that serviee there were about 280 regulars Ae rest were volunteer. f„m Michigan and Ohio, ^r^' ^ri^u^^tT *n TT" • ""»'" •"-"sht he ;:;" ^L Ta.^"^ "' *"' ''"■^riptioiU they aU behaved 1 1^, T^'"™ ««P' 4e cavdry-thelos. in the b«de m Med and wounded, was 8t-he Aink. tr kiUed » cannon,^; Ge„e™ ^« mTd that ^°" "" *^ "°""°« °'"»= »«■>. »»""» »f«rmed that the enemy w«s approaching, and th« some of Captain Knagg*. men, of the Michigan militia, hatf join, ed them— that some time after this General Hull asked witness if he had not better sent a flag; witness replied, he did not know, but that he had better consult the com! mandmg officer on the outside of the fort (witness bein* sutioned in the fort whh his regiment, and having com- mand of ,t) who had a better opportunity of ascertaininif the number of the enemy, that General Hull, in answcj to this said there was no time for consultation and that h^ would send a flag : and he did so. That some time after Ui.s Colonel Fmdley's troops came into the garrison. 1 hat Gen. Hull went out to a tent that was pitched in the southerly part of the fort and sent for witness, who went there, and as he approached saw the general standing with his back to the door— witness heard him say to Col McDonald or to Major Glegg «* / will surrender.'' He then requested Col. Brush and witness to assist in drawing up some articles of capitulation; that witness remained there, lying on the ground, having a violent fit of the ague while Brush and M'Donald were penning the articles ; that^ ' the paper, now exhibited, is the paper he signed ; thatatthe time that it was read to him, it contained a provision that the troops should march out with the honours of war; that after the articles of capitulation were drawn up. Col! McDonald asked witness to sign them, which he declined to do, as it would have had the appearance of his having given his approbation to the measure, or of his having some agency in it; that Col. M'Donald replied, that it could not be so, as it was only a matter of form, and that witness, upon reflection, thinking so too, did sign them, then retired to his bed and knew nothing more. Witness said that be never 'saw a letter dated the l/th August, signed by General Hull, to the ofiicer commanding at the Rapids, directing him to surrender to the British ; that it never had been submitted to Km^ nor did he ever see it till then. ( no 4 Witness did not think that General Hull appeared much agitated on the 15th; but that on the 16th, he did appear so. He [the General) was in the fort on the morning of* the surrender, sometimes leaning, sometimes sitting, and at others standing ; witness cannot say whether the agitation proceeded from personal alarm, or from a consideration of the heavy responsibility in which he was involved : and he dpes not know whether at che time he formed any decided opinion on the subject. Witness says that General Hull after the surrender said to witness, that the enemy might perhaps take some advantage of that part of his proclama^ tion which said that ** no man taken in arms by the side of an Indian, should be taken prisoner." Examined by the Court, , Q. What was your opinion, while in Canada, as to the propriety of making an attack upon Maiden, either soon af- ter the army arrived in Canada, or afterwards ? — Were you or were you not, satisfied, from the best information you had received, that an attack on Maiden would be at- tended with success ? A. I was always fully of opinion that we ought to have made an attack on Maiden within a few days after we ar- rived in Canad?. I never had any doubt of the success of an attack at any time. Here an objection was made by the prisoner to the wit- ness's opinion being asked; which the court agreed to consider. The question was then modified so as to read as follows : Ct. Did you express in council your opinion, while in Canada, as to the propriety of making an attack on Mai- den, either soon after the army arrived in Canada or af- terwards ? and what was that opinion, as to its propriety and probable success at that time ? A. At the council which was called to decide the ques- ( 111 ) tion whether we should attack Maiden immediately pr wait for the artilery, I supported my opinion that we should not wait for the artillery, and suggested to General Hull that we should divide the army equally and send down one half in boats, or by a back road, to below the fort, and with the other half approach them from above, that the troops might make an united atuck j and I told the gen- eral that I would answer for my men, that they would at- tack the fort and not fall back in disorder. The general said that if the other commandants of regiments would an- swer for their men he would attack the fort. They said that they could not answer solely for their men, but had no doubts but that they would behave well. The general said he had no doubts as to the regulars, but that he had some as to the militia, who were inexperienced, against a fort. Q. What was the strength of the 4th regiment fit for duty on the last of July or first of August, including the detachment of the first— or, from the latter part of July to the Sd or 4th August t A. I cannot say precisely—about 300, principally in ^ good health ; the adjutant has some reports by him, I believe. Q. Were the men of the 4th regiment trained to the ex- ercise of the great guns ? and what was their force on the morning of the surrender ? A. They were pretty well trained, having been practised by Captain Truman at Fort Independence; there were about 250 or 260 effective for duty. Q. Was it suggested in any council that a position near Maiden would facilitate the communication to the river Raisin ? A. I think I suggested it several times. Q. Was there any general order given for posting th^ troops in different situations for the defence of the fort and town of Detroit, on br before the 1 6th August, 1 812 ? ^ ( "3 X A. I do not recollect any written order ; ther& was an arrangement made the evening before. Col. Brush was to defend the upper part of the town vith his men. Col. Findley was to form rather northerly of the fort. The 4th regiment was to be stationed in the fort, and the residue at the batteries. This arrangement was made by General Hull. . • Q. You stated that Maiden was to be attacked without waiting for cannon, as proposed by you in council, and that you gave a plan of attack ; were not both these opin* ions overruled by a majority in the council ? A. Yes : it was so proposed in council. My plan was not submitted to the council : the only question was, should Maiden be attacked without waiting for cannon or other* wise. Adjourned to the next day. 9. -^ f ^2d Day* Saturday^ 12th February, 1814. The Court met pursuant to adjournment, all the members present. Colonel Miller cross-examined by General HuU. Q. Was I not active in forwarding the march of tlie ar- my? * A. It is my opinion that General Hull hurried the troops in their march, after he joined, as much as prudence woi;dd dictate. Q Were not my personal exertions actively engaged ? A. I observed your personal exertions in the march from Urbana. Q. Did I not, during the march, pay as much attention to the discipline and to the reviewing of the troops as their situation would admit, from their labour and fatigue in opening the countxy ? 111^ ( m ) k. At Urbant tlie tiroopt were driI!Mi part of an afterf hoon : from thence to Dettoit there waa no opportunity . %*P*^^"S ***««• ''he fiktigue df cutting the road» with Om narch^ waa aa much aa they could endirti Q* Do you ttot recollect the troopa being called out fo^ *iU and review at lfrt»ana, but being prevented byi storm* A. Idonoc^ecollectk Q. Waa there not att order o^ matxh generally known .lotheakuy. A. Theorde*- djpmarrr. c .Wbited Was that Ui^d^ratood by tae. I do not iccoliect whether it was to be followed by written otdet ot nou the troopa generally marched ac* wording ♦ it order ot march. Qk Waa not your regiment to Ifbrm in front in caae of aa A. that Waa My intefttion> but I do not know how the other regimentt Were to form. Q^ Was not the column to form by facing outwards, la «ue of an attack upon the right flank i A. that was generally understood, but I do not recollect any order either verbal Orwritten. General Hull converlec^ with me frequently on the subject ; and I think it was com- municated to the other officera also by conversation Q. Was not this order of mafch similar to the one adopt- «d by General Wayne in passing through that country f A. It was, I believe, as General Hull told me it waa his intention to adopt the same ordor. I believe this waa similark % Did you ttot perceive me almost consuntly in a situ- ation that I cottld, in case of an attack, make a disposiUon of th^ array t A. Dunng the greater part of the rtiarch General HuB ««de aeai- me— ^I waa in front-*he sometimes paaa ed to the % w • '( U4 )■ ^ ■ m Q. Waa not the paper (yxhibited) the plan of ejicamp- meut for the anny ? A. We usually encamped in the form of a holtew wuar^ facin^f outward*— the^fires fifty yards wiihoat the ^,of the squarei. ., Q. Had we not generally a breastwctrk of logs with^iyt the lines of the square ? A. After we had advanced so far as bjhti apprshenuv^e of anatt-ick, breastworks wer^ C-oerally made at such a distance as to leave room for wheeling a platoon, 20 or SO feet in front of tlie line of t«;nts. ., Q. In case of alarm was not the post A^ each r«ginient designated by orders, so as that each should form in order of battle in froat of its huts? A. Yes, it was generally understood. I believe there was a verbal order from General-Hull to that effecti . Ci. Was there not a signal by tap of drum given by my order and at my quarters, every morning before day, which signified that the troops were to turn out and form ? A. This was the general understanding, and acted upon idE»brdingly. Q. Did I not use exertion and industry at Detroit M> prepare the heavy an''. light field artillery? A. I discovered no want of exertion in that respect. a. After your battle at Maguaga, ^vhat reinforcement did you want, or Suggest that you wanted ? A. I think I suggested 150 or 209 men, if they could be conveniently spared. Q. Were there no provisions to be had near the place where the battle was fought ? A. We found a number of Indians' hogs, green com and potatoes. I know of no settlements nearer than the River Ecorces, or that of Detroit: nor of any flour or bread-stuffs. ■^Pp m ( J« ) % Were not the ^jBO men you hud with you the whole, orncarly the whole, of the effective men of the 4th regx- A. ritftd almost the whole effective force, except trhat wasleft with Captain Gook in detachment under Major Dwflftic, OB the other side of the river, in Canada ; I do not recollect the number. When I speak of the 4th Regi- meni, 1 aiieaii to include Stansberry's and M*Cabe'p detach- menlK. Q. Were there any Bntish troops in the fort, before you had signed the capitulation at the tent ? lAi.' Not to niy knowledge. 'f /v Q. Did you see any conduct of mine on the morning of the 16th which the fatigue I had undergone, and the re- sponsibility which was ufon me, might not have produced ^ A* I dont knowthat 1 did. Q. C^ you mention any act of mine on the 16th which you did at the time, or do now, impute to cowardice or pergonal fear, and if so, what? «Ai Yes ! such an immediate surrender I think was indi cative of a want of courage. ,■ ^ , Q. Did you see me while I was in the fovt in any place or situation unfit for a commanding officer ? A. The general was towards the easterly part of the fort -I was there myself— he sat down a considerable part of the time near the parapet—this was during the cannonade. I fronsidered it a safer part of the fort. Q. Was not my situation near the gate the most con- venient for receiving communications from without the fort? A. It was. Q. DidCclonels M« Arthur and Cass object to your plan of attack dn Maiden, proposed in council i A. I do not recollect. Q. Were you, in council, in favour of any otJier mcdc 01 attack nn Mai Jon *Kn~ .U-<. „,_„^j. sjjssss iiiai yvn propossd r 1 1 K m « ( m ) A. I voted b council for an immediate auacl. Aftfer having so voted, I proposed to the general my views of attack. I did not suppose Genera! Hull to be bound hy ny opinion. Q. Do you reoolleet my writticn orden sent to ywi at Brownstown by C^kilonel M*Arthur ; and that when Col«i» nel M'Arthur went with 100 men, I would not divest you of the command, but suid that if Colonel M»Arthur went with you he must go as a volunteer ; otheiwise that he must return? A. I recollect something of that kind. Q. Do you not recollect stating to me that you would not consent to be commanded by Colonels Findley, CaSs, or M 'Arthur, after I had received letters from the Secre- taryatWar? A. That I could not, anu Would not: as I considered that the Secretary at War had decided the quiestioA in toy ^vour. Q. Did I not> state to you that Crfionels M* Arthur, Findley and Cass had commissions as full colonels, and that your commission was only that of lieutenant.colonel ? A. You did. Q. Please to state what you know of the mutiny at Ur- bana i A. When the troops were to march from Urtnua, I was requested by an express to send a company of the 4th Re- giment to compel some men of the Ohio volunteers to march. They had laid down their arms and refused to march. Q. Do you recollect my sending for you about the rth ' August, in the evening, when about leavbg Sandwich, and 9ientioning my intention of concentrating the fcMrces at Ih- troit ; and also my intention to send you to open the com* wunication with River Riusin, where the provisions wtw ? ( iir ) A. I recollect your sending for me and proposing th« force I was to comknand. q. no yoanot recollect my she^iiig yoa aotne letteM from Generab Hall and Porter on the Niagara frontier, stating that General Brock waa advancing with a consider- able force } and thdt it was a reaion I assigned for re-cross- iag-f ,-'^..:h -. A. I think that you shewed mc at that ttae letter frtrtn Geneial Porter and from some other general, perhaps Ge- neral Hall, and either stated the contents or read thtia ; that this was about the timie the main body re-crosted ; and diat General Hull stated this as a reason for n-^etoaimgi Q. Do you recollect at what time General M* Arthur left you ? A* General M» Arthur left me, I think, on the aftenk)on of the 10th August. The men were very much fatigued. Q* Was there not a severe storm at nan on the gth, af- ter the action ; and were not your men much exposed to it ? A. TIfe men were very much so, and fatigued. 1 had a relapse of the ague the day after the batde. Q. Were you and your men in a situatiotf to have pro- ceeded ? A. Neither myself nor men were in aa gbod a situatiott as we had been in ; but we were able to proceed, and ahould have proceeded, if we had not been ordered back. Q. State at what time you received the order to return, and why you did not proceed on the 1 1th ? A. Because I had no provisions. I havte stated when I received the order. Q. Did you not draw provisions at Detroit ? A. We took two days* provisions, which served for the 9th and 10th. Re-examined by the Court. <^. When General Hull informed you of his iatettdon ( 118 ) to concentrate his force at Detroit, as you have mentioned, Adhe merely state his intention, or did he ask your opinion 1,^ the measure ; and if he asked your opinion, what was A. We conversedfreely on the subject some days before the army moved, and I believe he asked my opinion. It was, not to re-cross ; but, if he did, to leave one-half of the army on the Canada side. Q. At what time did you leave the fort to go to the tent ^ at what time did you return; and when did you see the British troops in possession of the fort ? A. I went out of the fort between 10 and 11 o'clock ; returned in about three-quarters of an hour ; and saw about 100 British troops near the gate on the outside. Q. When General Hull ordered you to the tent to as- sist in drawing up the articles of Capitulation, did he give you any directions to stipulate for the protection of such Canadians as had availed themselves of his proclamation ? A. I do not know that he did. r Q. Did any essential injury result to the service from ihe rank of the field officers not being settled; and did they iiot act at all times together when required so to do ? If liot, state the cases. A. I do not recollect any movements being made when it was an impediment. General Cass and I went together inost : sometimes he commanded ; at others I did. I was on good terms with all the colonels. I thought I ought to yank above them. Q. When you returned to the fort from the tent, had the American troops stacked or thrown down their arms : and kas the fort at this time so crouded as not to admit of their feting with effect ? A. I think they had stacked their arnis ; and the fort ^as so crouded that they could not aU have acted togethw with effect. ( S19 ) '-,% ^? *4^ - Be-exnmined by General HuU. Q. Do you recollect that when I left you at the tent with the British officers, I told you rwas wUling to make tfce surrender the basis of a treaty, and that you must get the best terms you could ? ^^ / A. I think you did. Q. Did I not state to you as a reason for sending a flag, that L wished, in obtaining a cessation of hostilities, togain S?*" °^^««-«g from Colonels M«Arthur and A. I think you had a conversation with me on that sub-' jcct when the flag went out, and before we had any an- swer from the enemy. «*/ -n Captain James Dafliby was again called to be ex- ammed by the Court, when General Hull made the foUow- mg objectipta— *' I object to the examination of any witness after his testimony h^ been closed, and after he has been permit- ted to hear the examination of other witnesses." J.rTrfvJ^"'^'^^^'^'''^ cleared.-.The Court after due deliberation overruled the objection. The Court being opened. Captain Dattiby was examined. r.1 H„ti'7r.*' '"T ^'^ ^"^ ''''^' directions from Gene- «1 Hull (after the army arrived at Detroit) to make pre- parations for fixing ammunition, makiof or repairing the gun carriages, and, generally, any preparation either for at! tacking the enemy or for the defence of Detroit > A. As I have before stated, no alterations of great con- sequence were made at Detroit for its defence after theTh July. On the 6th July some artificers who came fi^^ Ohio went to work to mount some heavy cannon on trucks for the batteries on the banks of Detroit; and some rep^rs Vrere^made to the gun carriages for the three brass six pounders; and a small quantity of ammunition was fixed ; but no order was issued, to my knowledge, to p«pire the f ( 1» ) fteavy ordnance until tome time aftevtht army went into Canada. I have npt tke order, but I think it waa dated the Uth or 16tli July. * (The Court adj»\$med until Maipdatf, 31«( fWfJI pSdfhy, Mfon^atf^ ^Ut February^ 1814. The Court met, pursuant to adjouitiinent j hiif Oei^eral Dearborn and Colonels Fenwick'and Bogardus being ab^ sent, (the two former through indisposition) the Coxskf thought proper to adjourn until Wednesday morning;, aV half-past 10 o*clofCfk« aAthDay. Wednesday^ ^Zd Feb. t%\4i* Hie Co^rt met pursui^t to adjournment, when, aU the members being present, excepting Colonel Bogardna, the Court waf cleared fo^ the punx»e of discussing pome ques- tions relative to Uie absence q£ that officer ; and wm af* terwards adjourned dU Mimday tl^e 38th inst* at half-jiast 10 o'clock. iSth Z%. Mondayt SSIA Feb, 1814. / The Court met pwfuant ^ adjournment, when ^ tha meml^rs were preaent* e^capting Colonel fiogardua: in consequence of whose nonraittendanca the C^ourt adjour^ Unti^ tO'-morrpw at 11 9?9lock<> fltthDayk Tueadayy Ut Marchy \B\^ The Court met pursuant to adjoumment» Cobnel Bo« gardus, oneof Ae members, being still absent--General HuU, jkfter consenting to the Covwrt^ proceeding without > Y- t ist } Colonel Boprfu,, „d tfiie i. .hoftld h« „ Bberty to take .«h further order «l.„igh..hi.k proper, entZd a^a Zi««.r«Mr 7,m,A iocM, „/ the 4th Regimen, V. J. Infantty, sworn.- iieatenani Bicon .afd that he was Quartermaster of the ^ Hegimer^^ and joined it at Urbana on the 9th J„„I_ Aat, after the march commenced, he had charge of L ammun,t,o„of the whole army-that, so far a. M, „« nence aWed him to judge, the march was conductedTn Ae same manner as the march on the Wabash expedition w« conducted, «cep. that when encamped thiy wete C ffied by felling trees in the form of a brcaaUTin I aquare, accordinj to the state of the ground-^, in Zl or three day. after the march had commenced, ord^r^ JTre 8.«n that no fire, should be made after sundown.hhS the hues, but at a certain distance in front-that cZ Mansfield had at first charge of the ammuni.iot bu^r that charge was delivered to witness after two or th„e day, m«-ch-that, as soon,, witne,, saw the cartrid-' lie thought them unSt for service, as the string wa^S over the .well of d,e baUs, ,„ that they could n« C p^ v«,,ed from falling out in seven instance, out of eigh"^ that at Solomon's Town,- General HuU directed bettef car- njdge. to be prepared, in which service men were employ, ed daily, as opportunity served-that, when the first batm- ton of the 4th Regiment was ordered to cross the river witness was encamped with them on the esplanade anS heard General HuU give frequent orders, after Z "army h,d crossed into Canada, to Captain Thorpe who had charge of the artificer,,- that Colonel Miller had chargeof th« 4eh Regiment at the same time ; that 20 men were de- tailed at Detroit for several day, previous to the ca„i,„.,. « .J, ■ • ^' — "'^ '!^^ ( 12a ); tlfltoto make cartridges for the infutry at large ; that Cap- tain DalUby had no charge of the musket cartridge's .1: ihia tUne^ that the witness has any knowledge of— he diu not interfere With the witness : that he does^not recollect the quantity of cartridges made, but thinks about 106,000, and all under the direction of>the witness, exclusive of those brought from Urbana and those at Detroit when the array arrived there ; that he does not recollect whether the men had worms to draw their cartridges or not, but many were drawn ; that they were fired off by the Ohio volunteers on their return from guard or detachment, as many were issued, almost as fast as they were made, on some days; that witness reported this fact to General Hull ; that many of the covers of the cartouch boxes were insufficient to pro- tect the cartridges from the weather, and many were con- sequently damaged by it ; that witness was employed some- time on the 15th and 16th during the cannonade, in issuing fixed ammunition, in the place of Captain Dalliby, and de- livered some 241b. cartridges several times f that on the morning of the 16th, before day, witness informed Gene- ral Hull that the 241b. cartridges were nearly expended ; that Mr. M'Comb and witness examined with a dark Ian- tern, and could find no more packed in the same kind of boxes; that there was much confusion ; that General Hull gave witness directions to go to Captain Dyson and tell him not to fire the 24lb. cartridges, unless he was pretty sure of their taking effect and annoying the enemy's batte- ries, as those cartridges were nearly expended. (Here Col. James Miller was again called and examined by Gen. Hull.) Q» Did not Colonel Brush come up to the fort on the morning of the 16th, about the time I was informed that Knagg's men had joined the enemy; and what did he say about the militia he commanded ? A. After the fla^ad been sent out^ and before any aa- mt (•123 ) swer had been returned toit, I recollect thatColortel BrMh came to the fort and mentioned, or rather exclaimed, ihm by G—d, he believed his ipen would have run away to a man. .f :/, *; ... Q. Do you recollect at any time daring the campai^, and before the 15th and;16th, any particular habit I had' of chewing tobacco ? -' A. I had very frequently seen it, and obsenred that you had a habit, when apparently engaged, of having tobacco in front ol your mouth, and turning it about with youp' fingers; alternately exchanging the quid from the fingers to the mouth. , Q. Did you not observe this on the 15th and listh ? A. I did on the 16th; I do not recollect particularly on the 15th. Q. Did there appear to be any more of this habit t>n^e 16th than you usually observed ? A. There was, but it might have been owing to want of rest and to fatigue.. C.The Court adjourned until to-morrow at half-past 10 o^clock., A. M.J m 27th Day, Wednesday^ 2d March, 1814. T/fe Court met pursuant to adjournment^ all the members being present excepting Colonel Bogardus, Lieutenant Bacon's examination was continued. / He stated, that he frequently tpok powder from the ma- gazine to fill cartridges, and that, three or four days before the surrender, he was directed by General Hull to accom- pany Captain Dyson and ascertain what quantity of pow- der there was in the magazine ; w|)|ph he did, and they ■ft ■%■ ( la* ) to the general* He cannot say what quantity of musket IMUrtridges there was, as Captains Dyson, Whistler and himself isaued them. Witness saw General Hull on the 15th and t6th August— -there were some planks and boarda lying between the guard house and the gate of the fort, but witness cannot say whether any of them formed a seat or not ; he thinks he sAw General Hull sitting on them, to- gether with some officers, Doctor Cunningham and his lady, on the morning of the 16th, during the cannonade. Wit- ness saw General Hull once on the 15th on the parapet, and once on the 16th} he saw him also in different parts of the fort during the cannonade. General Hull appeared engaged as usual, and agitated more than usual, on the morning of the 16th, but witness does not Vnow the cause—he had no 8U$picion that it proceeded from personal fear ; neither did llQ^he&r any officers at the time express an opinion that it did. Witness says that, after the shot From the enemy did any execution, most of the officers were on the side next the enemy's battery— they had nothing to do elsewhere. Witness said that, as to the subordination and discipline of the Ohio militia, they were militia without either— some were frequently disorderly — and that, one evening at Ur- bana there was a noise, when he (witness) ran out to en- quire the cause, and saw some men of his regiment, who said it was only some of the Ohio militia riding one of their officers on a rail. Lieutenant Bacon was cross-examined by the Judge Ad- vocate, and stated, that the Ohio militia had been just call- ed into the field, and were as 'well disciplined as militia generally are ; that he never was in any engagement with them during the campaign ; that he does not recollect see- ing more than 30 or 40 of them, who at one time, refused to cross into Canada with the army ; and that he thinks he MW at another time 100 ; that, when the troops left Ur« baoai Captain HuU^t^s aid-de-camp, informed Colone! ■^ MiUer that there wit another mutiny aaiDng the Ohio ml- htia ; and gave him an order from General iJuU to keep back his regiment (the 4th) to suppress it ,• that the gene- ral soon after rode up to the head of the column and 4i. rected Colonel Miller to march in, saying, with sbiile em- phasis, " By G— d, Sb-^ eyour regiment is a powerful argument. Without it I could not march these vo- lunteers to Detroit;" that Captain Mansfield's, Cap- tain Brown's companies, and some others, were under better discipline than the rest ; that the feeling and disposition of the men were generally very good ;nhat they seemed to be a«tuated by an enthusiasm highly creditable, and what witness said respecting their want of discipline and subordination, he attributes to no other cause ^Iniila want of experience. Witness in answer to the cro^uc- amination then stated, that the cannonade began abS* o'clock in the" afternoon ; that they continued to throw shells till between 9 and 10 o'clock at night, during which time witness was in the fort and saw General Hull on the parapet, but does not know how long he remained there ; that he was saying something about the field pieces that were getting up ; that this was after the firing had ceased; that the fire of the enemy was principally directed at the bat- tery, which was upwards of 200 yards from the fort-^ne shell came into the fort ; that the cannonading re-commen- ced about day-break on the 16th, and wounded a man; that witness saw General HuU on thfe parapet, lookbg to' wards the enemy ; and thinks there was firing at the fort before the American battery ceased firing. Cross-examined by the Court. Witness says it was early in the morning that General Hull was on the parapet, and before the shot killed Lieu> tenant Hacoks; that General Hull ordered him (the wit- ness) to have the tap of the drum beaten at day-break, t& #1 -¥ ( 126 ) turn out the men to man the works, which was done ; that there was some fixed ammunition for the cannon in the fort beaides what was reported, but he cannot say how much — it was under charge of Lieutenant Dalliby j that the men were taken off from makingcartridges, to march to Browns- town under Colonil Miller. Q. (By Gen. Hull.) Was I not during the cannonade on the 15th and 16th, the principal part of the time, out of the fort, at the batteries and with the troops ? A, I cannoi'^say. Jft,. (Bf the Court.) At the time you saw General Hull at the parapet of the fort, did you observe any of the ene- my's shot to come near the fort i , I think not. e General Hull wished to put a question, relative to l^l^or Snelling^s testimony as to the British force coming against Detroit, which, after some discussion, was waved. ^v^. General Peter J?. Porter sworn. General Porter stated that, about the last lof March or beginning of April, 1813, he was at the office of the Secre- tary ni War with General Hull, after he had been appoint- ed a Brigadier-General, and about the time he was to march to Detroit; that he was frequently with the heads of de- partments, and had conversations as to the operations of the army, in case war should be declared, which was in contemplation. General Porter was then examined by General Hull. Q. Do you recollect whether I recommended that a navy should be formed on the lakes, to have a superiority over the British in case of war ? A. I do. Q. Did I state what that force should be, under those circumstances, and what number of men it should consist of? %iiip« ( 127 ) ^* A. I recollect being at th« war office, but not precisely the force proposed. The British force was stated. — I think the naval force which General Hull said should tie constructed was a sloop of war of tvrenty guns, and tluit the brig Adams, a merchant vessel, which was then on the ways for repairs, should be taken into the servile — the Secretary of the Navy proposed writing to Captain Stew- art at Philadelphia to repair to Washington to concert mea- sures. Q. Was not a navy-agent appointed at that time for Lake Erie ? A. There was — I was twice at the President's with Gen. Hull, when the subject of a navy was talked over : at first it was agreed to have one, but afterwards it was agreed to abandon it, doubtless as inexpedient : the brig AdaB||4rlMi transferred by the Secretary at War to the Secretaiwf th» Navy. ^ •, ^''*"^^,. Q. Did I not go twice with you to the President's, to urge the expediency of a naval force on Lake Erie, in case of war? A. I, understood so. Q. Did I not state to the Secretary at War that 3000 men would be necessary ? A. General Hull talked of provisions and the mode of supplying them, and then proposed 3000 men ; the Secre- tary replied that there would not be so many ; perhaps 2000. Q. Please to mention what was said and done with regard to provisions. A. I wished my brother, the contractor, to have some official notice of the necessary supplies for the army, that they might be prepared; and requested the Secretary to transmit some written requisition to that effect ; this the Secretary declined, saying he would not. Upon this I;iva» somewhat surprised and vexed, and retired, detcrmiiring ( 128 ) to write to my brother, which I did. I left Washington on my way home, and at New-York heard from my broth- er, and wrote to the Secretary at War, who, in consequence ot my expostulatingwithhim, sent on a written requisition. In consequence of adverse winds the principal part of the provisions did not reach Detroit until after the war was de- clared. !l ii Captain Thomaon Maxwell sworn* This witness stated that he joined the North- Western army as a guide and conductor of spies, at Stanton on the Miami ; that he is well acquainred with the country from thence towards Detroit, about 150 miles of which route is a complete wilderness; there never had been a road cut through it— it was a swamp. He said, «* I served five year* in the French war as a private, some years as a non- commissioned officer ,• six years as an ensign and lieutenant in the Revolutionary war, and afterwards under General Wilkinson J and have been in 23 battles in the three wars. I saw- General Hull on the I5th August, and after the can- nonade commenced from our battery at Detroit : not hav- mg any thing to do, I went to the battery commanded by Captain Anderson, to see what effect our balls had upon the enemy. I saw IGeneral Hull riding on horseback, and cast my eye upon his countenance ; his voice appeared cool and coUected ; I saw him ride off. This was towards even^ ing, when the batteries were opened on both sides. I saw nothing like agitation. My reason for looking particularly " at the general's countenance was, because there was k cla- mour that he was intimidated."—" General Hull conducted the army from Urbana with as much regularity and caution as I have ever seen practised."—" I have lived thirteen years m Ohio, and have been engaged every year in droving cattle and hogs from thence to Detroit market; from looo t» UOO hogs annually, from 150 to eoolba. weight each ( 1^9 ) (cmarough.:alculation;) and from 150 to aw hea4 of cattae-they were generally driventhrough the wood, with- out any road."-." I am at present 72 years of age, and am a forage-mastcr in General Wilkinson's army." The foUowmg documents were then read: ' , 1. Interrogatories to, and answers from. Dr. Eustace late Secretary at War. ' 2. Letter from Gen. Hull, from Detroit, dated 9th August, 1812. ^ 1812 ^^^'^'"^ do.to Gov. Meigs, dated Uth July, 18ii. ^'*'*' • ^'°" ^^'^ *^ ^°^' W«"»» dated 11th August, 5. Letter from do. to Gov. Meigs, dated 11th August. 1812. ** * 6. Letter to Gapt. Brush, dated 6di August, 1812. r. Letter to Gen. Hull, from Col. Anderson, commard- mg the mihtia at River Raisin, dated 4th August, 1812 received the 12th of the same month. 8. Letter from Gen. Hull, to the Secretary at War th Regiment U.S. Jnjantry^ was called and sworn, ' Lieutenant Peckhani sakl that he was in the fort of De- troit on the 16th August, 1812, and recollects speaking to Colonel Miller, who was within a few feet of General Hull, but does not recollect speaking to the general; that he told Colonel Miller he thought it would be well to spike the guns of the batteries which were silenced, lest they should be turned against tKe Fort of Detroit; that he re- collects General Hull saying, #' are they coming ?" but does not know Gen ralHull was informed that the enemy were coming. fThe Court adjourned until to-morroxv at 10 6* clock. J 28th Day. Thursday y 3d Maifch^ 1814. N The Court met pursuant to adjournment^ all the members . being present. Colonel Bogardus excepted. Lieutenant Peckham was agsun called, and said, '* I saw General Hull frequently at Detroit, on the 15th and 16th August; and on the 16th, during theJcannonadc,he appear- ed to me to be much agitated ; and the impression made upon my mind was, that he was under the influence of personal fear. He gave no orders, to my knowledge. Mijor Jeremiah 3Jumon called and sworn. Major Muqson, in reply to several questions put to him by General Hull, said, *' 1 was present at a council of war held at Sandwich— General Hull read from a paper he held .what were considered as his views of the course proper to be pursued at that time ;— the general remarked considera- bly on the fall of Mackana, and on his not having received iBjy information on the subject of co-opcr*iioa from bclov/ ; ( 131 ) -there was a fortress erecting at Sandwich, I believe for the protection of the inhabitants. The leading features of the proposition committed to writing by General Hull, and made by him to the council, were, I believe, to re-cross the nver with the main body of the army-to cKct a for tress at Brownstown^to open the communication with Ohio-.and wait for reinforcements. I recollect that the council were unanimous, with the exception of one or two or perhaps more, in not adopting the general's proposition. Genend Hull stated that in his opinion Fort Maiden was equal in strength to Stoney Point,, when taken by General Wayne; that he had no heavy artillery mounted at that time; and that his opinion was, that it might be attacked m the same way, that is, at the point of the bayonet $ and appealed to the officer* for their confidence in the troona for such an enterprize. My own opinion was, that the troops were not generally calculated for that kind of ser- vice. I do not recollect the opinion of the other officers, excepting Major Tremble, who had confidence in the troops under Colonel M* Arthur, and expressed himself accordingly. The result of the council was, that they should wait several days fot heavy cannon to be mounted andfc)laced on floating batteries— scouring the river—open- ing the communication by land, and trying the strength of the enemy's works. General Hull accompanied his propo. sitions with the promise to lead them on to the attack if they had confidence in their troops." . Q. (By General Hull.) Did you not see me on the Uth and 16th; and did you observe me in such situations as could not be accounted for otherwise than by personal fear ? A. The general's situation was a critical one. He had a great deal of responsibUity, and great care on his mind if he had any feelings. I saw nothing in his conduct but what might be accounted for without recurring to personal fear. ( 132 ) I ■ ^ Examined by the Court. *' 1 was present at the time when Captain Dalliby re- quested leave of General Hull to fire on the enemy. The general replied, " Those who live in glass houses should not throw stones first ;" alluding to the geherars situation. I heard something said about, " If the enemy would let me alonef I would let them alone,''' Q. Did you see General Hull during the attack on the fort, about the time the officers were killed? A. I went into the fort, about 15 minutes af^er Doctor Reynolds was wounded. I saw General Hull at that time, ^ . as I before siated. Q,. When you speak of General Hull's situation, do you allude to what passed during the attack on the fort, or afte r the firing had ceased ^ * A. I did not see General Hull until after the cannonade had ceased. Lieutenant Bacon again called, and examined by Gen. Hull. Said that on the 8th August he drew two days' provisions in advance for the detachment imder Colonel Miller ; and that he drew provisions for detachments of the 4th Regi- ment, by orders, sometimes general, sometimes from the colonel— tho^e orders were sometimes accompanied by di- rections to have them cooked. Colonel Kingsbury's Affidavit was taken by consent, and read. (See Documents.) Captain Samuel Dyson^ Ut Artillery, sworn. Captain Samuel Dyaon said, I think General .Hull gave orders, three or four days after his arrival at Detroit, to put in order, repair, and mount the heavy artUlery, and that he made use of all the means in his power that ctr- cumstances admitted of— several artificers who did not be- s situation. ( 1»3 > long to the army were employed in this work. I h^d charge^ myself, of those thin^. la the ^hort time al- lowed every thing was done l;hat could be done. Some of the embrazures might have been repaired. I crossed the river with the army apd in. five or six days returned and took the direction of repairing guns, ma^e a gin atfd the rope for a fall. I do not think wore could have been done without more hands. The carriages (for howitzers) were broke in an experiment; they had been returned unfit f ^, nad there was not enough raised to subsist the ants ; that the Canadian people were not industrious i,s cultiva- ting their farms ; that the enemy might have been prevent- ed from working at their batteries in the day time ; that he supposes the ammunition would have lasted for two or three days, constant firing ; that there were 56 barrels of powder and plenty of ball, which were taken by order of General Brock; that he, witness, did not see Lieutenant Bacon on the 16th, and he received no order from General Hull not to fire unless with effect ; that he cannot say what number of 24lb. cartridges there were ; there were fifty rounds for each gun, of 9lb. and 12lb. of xanistershot; that he does not know whether the 24lb. cartridges were taken from the waggons ; that he thinks there were loa rounds of 241b. cartridges; that the boxes of ammunition which were in the waggons wer© not touched ; that the ammunition used at the batteries was taken from a brick store, where it "was put, and from thence taken away as the service required. * Willis Silliman was sworn* Witness 9ays that he lives in the same township with General Cass, (Zanesville, in Ohio) and corresponded with General Cass during the campaign; that he gave t^e first intelligence to Mrs. Cass of the fate of the U. S. army, and could not get the letter from her; that he is brother- in-law to General Cass by marriage with his sister j that ( 135 ) he has lost the letters from General Cass to him (the wit- ness;) that one of them, the last, dated (he believes) the 12th August/1812, says, " Our situation is become criti- cal. If things get worse, you will have a letter from mc giving you a particular statement of this business— as bad as you may think of our situation, it is still worse than you believe — I cannot descend into particulars, for fear this should fail into the hands of the enemy." Witness says that he had another letter, he thinks of the 3d August, saying, ** I wish you to exert your individual exertions to hasten the march of the troops from your parts." (Ohio) •* Men are (or will) become necessary for (general or) of- fensive operations— (witness does not know which term) Provisions are (or will become) necessary for their exist- ence," (or that of the troops ;) that* in some letters from General Cass to witness, he said " Is there nothing to be done on the lakes to make a diversion in our favour ?" In^ the same, or another, he says, " I can scarcely conceive the impression made by the fall of Mackana." Peter Mills duly sworn. Says, that he is from Zanesville, in the state of Ohio ; that he heard some of the letters from General Cass to Mr, Silliman read ; and that they confirm the statement made by Mr. Silliman to the court. , ■ Daniel Conyers, of Zanesvilley sworn, , Confirms in part the statement of Mr. Mills. Willis Sillimixn again examined. Says that he received a leiter from General Cass, frcna Urbana, dated about the time General Hull took command of the army, which letter witness was directed to bum. It stated" General Hull has taken command of the army s (136 ) attd I am sony to say to you, that, instead of having art alle energetic oomniand«r> we have a weak old man." G§L Samuel Larmd, of the 9th Regiment U,S. Infontr^^ sworn. Colonel Lwned said, <* I was acquainted with General Mull during the Revolution, and never heard of any thing H^kh plaoed him beneath any officer. His character wa:; good* C Adjourned until toi-morrow at 10 o^clock.J 29th Day, Friday, 4th March, iai4. TAe Court met pursuant to adfOummenu*»
My apprehensions were grounded, nOt so much up« Oil the knowledge of the war by the British, as upon the circumstances I mentioned ; that, as she had clothing and Warlike stores, they would detain her under the expecta- tion of wai;. Q. Did you see any thing exceptionable in my situation on the morning of the 16th in the fort i A. I did not. ("Adjourned to the next day, J i 30M hay. Saturday f Sth March^ 1814. The ^'ourt met pursuant to adjoui^nment, all the mem* hers being present, including Col. Bogardus { who appear'> ed and stated that he had been prevented from attending the Court by indisposition. By consent of Gen* Hull the minutes of the Court were read to him^ and it was ordered that he should be again admitted to his seat. CoU Richard Piatt, called on the part of General Hull, was sworn, Q. Were you in th* Revolutionary army j and what rank did you hold ? A. I was in it from the beginning to the end* I com* manded a company in 1775, and was Brigade-Major to General M'Dougal in 1776; and subsequently Deputy Adjutant-General and Deputy Quarter-Master-General to the main army of the United States under General Wash- ington. ^ Q. Were you acquainted with me ? Do you recollect "^y commanding in the lines ? ^ A. r knew General Hull perfectly well when Captain un- der Colonel Webb, and iq Gener^l M'Dougal's brigade. my situation ou recollect (14* ) Ifl'^ITfir iillliiiMiililiiiii rmy .^-^ ^^^^^ ^»wn€u ■ MriNto- Z???^. "f*"** * ** '»''*yw»'***wii mm ■■taa.. the (146 ) m m thM 'the ^ft^rifl fi^uld nlit 1uivf4i«»«>«*f« *w^ Crofts-examined by the Judge Advocate. ; ^ rrs^i .'"It^'W^^capacitjr'trereyoa^lbt'- • •■' •• '- 'H- *»,liT-.,A.fi ^ A;' t' wiM^then S arfrwTitrffPv.p - ..■...■, A. Tlieire wer6 in the Hunter 30 r6gataiir^> aiul^ib tfee Lady Prevoost from 30to 401M(^lanl$ this wa^f^riibut'the aoth }ul^ ; KI^ i&€t^tm^V^<^ Brownsto^ri theft #(:re about 300 in r^d^ebatttfiMHtfri^ferkt': IPitm^ Ufn SOthftetl^ 'Mh Jdfy many of IhftiiflilMa want to thibir i!u»» Aidi re- turned, making as many as before, exclusive of diomi in red coats«-^8ay 900 Were the whole force '^t' Maiden. At tbe^itik!na£,i^\baltrd ^i^BSbwnstownrrdkdiiifc^ii^ serjeiartSMid'r)!^'aMD^'lnf.theifoi!ti-t£ •ah t¥|«if,Wi-W-i0 Q»f Adia i^y^eftbstd;^ theitettle jof iBffdlivsto^ . r^l^ Atibut1^40f^ingtdan,^rmili^f aaA ladiana, d^cliflive of the Brownstown Indiatteti) sis* bt»/yidx'" - "rit'>i bn Q. Were you at Maldfid.'«hiettHDalQBel8iGas8 i^ Mil- hbiRMk %he bridgi&it J^aBj6ananla« and mH$ ti^ifip $pere thei%then? '■■■^^'ti^?mi'Mk h'^.?Hfrfi*?*^.S|,Hf4:- ^.w^,., ■*,>.:■ -.A. I was. The trobpBtiiieTet.fiiontly'aiovedviaitl of the town— there was a good deal of confusion in the town, ( 147 ) nioiwiir^afecu. TheQu«!nClwrl<)ttec4mftto.tiji#Wrf and todk in the bdggage lud Yemeni «b«,i,fterww4« to nertdp^atlsloose; ready to «aii. '^' f'-r' ■ ' ^ Qi Whit number of vessels thu tliem^^ you ^»tre A^Thc Hunter and the Queen Cfaaiaotte | Wittily ' arrived- Aere.' ., „.^k-, . ^,^, -j^- ■ '^i MnntvMilie8t3»etf^d^etraop8? ''': ^„|hf '^^ A. In general they were fit for duty, and ito ^o6dhimu Q. (By Och. Hollr) WhatHUirtber.«f Indtaa ivarriprs did you ever count on anytoae day? •, /. ^t' The greatest numbeir wais about 600i on the iSth Au- SJjf' ^^^^'^^^■■'"Sop* some on horseback, aQme oil Ji Question- by the Courts :e,^: Q. Did you ever write to ai^.A«ierictia offic^/pf the £Bh:e df the enemy f - t mA^ I did, to Captain Biuton. : ijpfH *^ Q. Ceidd &e vessel liave efeeaped if you had gone Arough the ehartael on thfc' Ahieriam side f ,^- A. Itisdifficuhtoanswel", as Ae Hunter was/in the cnanneU -^^'1 'A ''■vf'?-~.-li:i.*i 'h^ 57 Co/»* \i9imm^ ii^^lwf of the jipnijiiofir, pi%in the Revenue pepaitmcmt at Detroit-^ knew the Squjrp^ !W!F«*^.$«^>fChapi^ ■ r. .. • : :.-,h -t'-i' .r. i ^ :)Fw;#ra«j|4«yRJpf4'we8^ BwW^«^ W«4 for that packet ? ' .,,,. ?. . j^^. A. There wiB ^^/j^mmyM'Vfm ^'ml^fP^^t number of inhabitants in m^ijo^spp^l ♦^..wi,.^ / r , 1 Jt' ^ 4»4!; Tlw:» wr^ Jr^.^u^. jwr h ij^ g th | e: 4it;iict >^ ; ..an4 that 4>f M.i fJ ? iliipa | anafe 6% Q. How were they situated as to k)cal situation, 4lB|t|' their distance from Detroit ? ') A, The s^ttlem^^ ^n that (couw^y JMff generally made Q. What number were ,|^ ^| ^» 'WtM%^}^^ ^W^^m^^ ^^^ lii* waf ii^an dary of the Detroit, near ^. ^ jj? ^ JJufjp^of j^e i^ke< d. How long have you Jij^iSkt Detroit, and iiitheT^ A. I was six years ai^4 m^fi^^ im\ *^^ tifOf Pl ^^ surrender, .• ;,,|*^^^■■.,ic•■ 1l- (: ^ ) »„f • '^^""^ ^'^ «fl^»g IN Wf% go to «r?»7|,0f*c, CS^vemorof the Territory, to get it fn,m the he«Wpf fe^ A. Probably ijo. ' Q. How* did I ajq^ ontha^ njomioff J General HuM. ^^^«^ MulgeiiM on the par^ of m*- H. Did I-Mot 8tateb6fbre leilviag' Gntdt, th«f^I-|fftd received information of a reinforceinlent bein^ iMk'-Uli' waf fit>m V6n Brie, a^d tHat I ink t6 hmvt no iM^opMiAod at Niag4r»^'-'*''^'^**"w»n-it i'->-' *■•' ■ '•■»»*• i»«^«jf'iv« #hich the iiihkbittoM would be-exp08edfm'&iiis«^{li«nife of this «vaeiMtloay'bjr his prochmmti Thci British have demanded hk6 ^ place^"' aiid your addihg* vrtitk some firmness, *^ If they wanricdiey'mitst^ghtibi^ it^*^ Questions by the Court. "^ ^^^^i^^Ajt Q. Wereybi]^ ih suthf ft^iuatiott iiito be able >I64«I^- tain the fact of i^«f^ being #aiiting in all the dbpHtlttiiealk of the army? If so, whatwasit? ^^ ^^ ^' A. I Was with 1^6 army frOfit the tifHe it firi^ilaiits of Canada received inrotection? ' ■■•i:-id iluH te-isfwi) J.««ny»dttty*v. 'v.;fr{v<-;:^.-.«;.iii.,n'r: ■ /" - • ♦ .^ .Did j»il^ic«ii|der»y interfering in the medical Mid engineer departBMmt^a^owingttt the sickness of the heads of thoee definrtmentit v / ^i^ Idid net. I thought It was Owingto a great anxiety 9^'thft service wbithwiftb usual wi^ you. ■ . / :^ AASiekly as yo».oaii recoUect, how many of the Ca^ iadtans who took protection were inhabitants not attached to the army P , ,,..,;_ ■ ^,u. ■ .:. ■■ ,^„; .;,,._ ^ ^. . . >/^ , * ' Br0w$.M^ fohnWMttknut Regmmt of htfimtrff; n" M» r* faUt^«»4hep^H of the U. S.nvorn. ?S'i»l^fl(rjWWe%«iidv«|-Mra»in command at Detroit wb^e^ dMiiB^Jiatre get the key in tAy absence. Theit;''^#diie iiaj§ik «tf flour brought ihece before tlii 'icmimktiSmki t^*^ was furnished itm^ ism» m^mJMfliM^I^^^ Baird and I cbtuited these prdvi^: have Itins^idied salt: fvttvislmi ne^ HtiH, I ddak, told lar of mmm^0>m ^^ W the Canaf^^idQt which lv» put u^ my^tiMtfgl^^j^ti^ was an old nm v^ho caiie i«i«lir Aeli^ ^l^filrliiar Some of t^m werefi|lie«ii^ the^ l)ti(llb iitiliili knowledge, reparts: fif the^i heiof aoa^ i^ «i0 #e?f -..seeae of tlwni niece IIUeAfe^be^itoM^^aMll^f^^ to Oett^ in 1797, ind «9 s^aer^yjaeipli^t^ %|i$^ country! If the^ftoyisioQe oejulf^Ia^l^^ '■■■■'■■'•• '-'i' .;c,! ■■. ■ ,»'^-<' Sift-' - '■' ' , .■ «p^^' A \-i^.A 'A Is ^. i ^aff ( iw ) the other resources of the country, the army might have been subsisted for 2 months. There were large crops of wldeat in 1812. 'tSdBkWf ■^ Sfgjl r liiim &i~i^^ tffiAgk 4^ 'f'-'X:w0^ --'^^■A*4i mmm ctud^im ffi^»^|'?SlliB: ^iw^ Questions by the Court. d. Did you see General Hull iaiihe fort on the morning of the 16th, during the cannonade ? A. I did. Q. Did, or did not, the situation and appearance of the general induce you to think at the time that he was under the influence of personal fear ? A. It did. Cross-examined by General Hull. Q. What numbers of Ohio militia were left at Detroit when the army crossed into Canada? A. There were, I think, 68 in the fort who refused to cross. I do not know how many were in the town. Q. Do you know whether I made any exertions to have &e carriages for the cannon repaired ? A. I do. I saw General Hull frequently before sun up in the morning : he was active in his exertions for that purpose. Q. If the army had been confined to the town and fprt of Detroit, could the resources of the country have been collected which you speak of? and, if the provisions had been uken for the army, would it not have left the.inhabi- tants destitute? A. If they were confined they could not— the inhabi- tants would not have suffered for two months. Q. While you were at Detroit were there not large quantities of beef and pork brought from Ohio ? A. There were. It was not all purchased by the inha- bitants— Some by M'Intosh and Patterson, Indian traders, Md other persons on the Canada side of the river. U ( 14* ; l^he Court adjourned until Mondui^, at lu ai'dovk* 3Ut Day, Mondat/y 7th March^ i8l4. The Court met pursuant to adjournment, ail t/ie memiera present. Gen. Hull read the proceedings o^ a council of war h«ld at Detroit on the 9th of July, 1812, and an accocmt of the quantity of the respective kinds of provisions then on hand, which was admitted by the Judg^; Advocate, vi« : 125,000 rations of flour, ^0,666 do. of meat, 150,000 do. of candles, 1 10,000 do. of Whiskey, * 300,000 do. of soap, ia,800 do. of vinegar. Also an order on the contractor for 2000 tationa com- plete for Colonel Miller's detachnteat, on the 10th of Au- gust, 1812, out of which the detacWent brought back 1919 rations of flour, 533 do. of meat and 8;96, ^6. bf #hi»< key. Also an order on t!ie contractor of ^e 9th of Au- gust, to issue to the detachment under Cok)ne\ Milfer 600 rtaions of flour and pork, and 1200 do. of whi»Ijey, to be taken by Colonel M'Arthur—indorsed *' delivered 413 lbs. of flour, 6oo rations of bread, 600 ditto of ^at 1300 do. whiskey." ^n^D Provisions on hand at Fort Detroit on the 28f/i ^vfy, tai3. ro,000 rations of flour, 21,000 do. of salted meat, 150,000 do. of whiskey. I certify that the above statement was handed to General Hull by my order, containing the provisions in the con- tractor's store. ihfil«#f ( H5 ) C^'Sned) D^yjj, Beard, Contractor's Agent. General Hull stated that he had no evidence to adduce but what was by way of depo.itiow taken out of court W consent of the Judge Advocate, and therefore requested time to make his defence, which he would do by Friday next, until which time the Court accordingly adjour.^ed, ti meet at 10 o'clock, j « - **»«» jikifriot,*,, iiSdDay, Friday lUh March^ \%U, The Court met pursuant to adjournment, aUthe Memiers present. General HuU appeared with his counsel, and r^juested fcrther tmie might be allowed him to prepare his defence i upon which the Court adjourned vmtil Tuesday next, the tstii Jnst. at lOoMock., , ' * ^^ ^«.tf mj^m^vi . /'^^^- . T'aw'^e^, 16th March, 1^4. «. ,Genj«»l Hull commenced deliyering l>is defence, irfaklk ^ Jhe read unul 2 o'clock, when he requested that the Court ,^l^^^^^^m^^^.yfyiic\iy,2^ done until to<«,m,w ^ 11 o'clock. »4tfA Day, Wedttesday, tm March, 1814. The Court met pursuant to adjounmmt, all the Member^ . present. The affidavit of Captain HuU was read in evidence^ ter which General Hull continued to read his de- leace. C 156 ) CThe Court adjourned until to-morrow at It o'clock,^ ^Hi m W^m HP ffi H fl ■ '^^■i^^Hri ■1 >'^^^m9Bu:' i ^■H '.^^BaEBS ^Hfl jMM 11 w§ II m 35th Day, Thursday^ ITth March 1814. The Court met pursuant to adjournment, all the Members present. General Hull continued to read his defence. fThe Court adjourned until to^morrow^ af 11 o'clock, J ZQth Day, Friday^^mh-MtrchyJlSiiA* The Court met pursuant to adjournment, allkhe Memh&m\ dl present, • 5^'*^'' General Hull closed hi^ 46fence : whereujpon therC^jtiri;'* '^ after deliberation, determined to hear the Special ly4ge ^i^- Advocate in reply, which he stated he could not do ibefo|e>' ^(t^ Wednesday, the 23d inst. to which time the Court a^-;]f *| joumed, to meet at 11 o'clock. ^iir* Z7thDay, Wednesday, 2^d Ma$ThftB14. : 4tit;i The Court met pursuant to adjournment, whence S|K^ i\f cial Judge Advocate delivered a speech of Cottiideinibtlf :^' S length, in application of the evidence on the pan of the fo^i^f^ secution, after which the Court adjourned until to*iatotow i at 10 o'clock. $%thDay. Thursday, 24,th March, 1814, The Court met pursuant to adjournment and had! all iht r proceedings read. A question had previously arisen, * *' whether the doors shotild be closed. It was deteriAincd that the citizens might be present. fFor the Charges against Gen, Hull, and the further prO' ceeSngs of the Court, see thefoUoxving Appendices, Appendix. ^e United States of America, i . . against I Brigadier General William Hull. J Charges exhiUted against Brigadier-General WILLIAMHULL; of ike Army of the United States, by order of the Secretary of War, viz."- I. CHARGE. TREASON against the United States, between the ninth f/t April and the seventeenth of Augustj one thcusand eight hnn-< tfred and twelre. FIRST SPECIFICATION". In thii^That on the first day of Jul/, in the yaar one thou- land ei^t hundred and twelve, before that time and ever since.' an ^eiR land |t^9blie war was and is yet carried on and preseentaA by aiid^lbet.ween the United States of America and their territo- ries,^«fidlhe United Kingdom of Great Britain and Ireland ku^ the dqM«d«n«i«i thiireef : And that William Hull, a brigadier-' t?"*'iliV|^ aPWr of the United States, a citizen of the said Vmtfi^'StalH owing allegiance to the said United States, anil late Commander df tho north-Westerft army of the said Unitedl States,; well knowing the prenliaes^ and traitorously and unlaw-' fally designini^ and eoiitriving to send andeonvey intelligenee to the said enemies of the said United States, touching a declara- tion o%f|lrs^fi4h« said United States against the said United King^DI 1^ Great Britain and Ireland and the dependeneiea thereof, kiidalso touching the expedition on which the said north westerilBiiiy, under his e((mmand as aforesaid, was employed* and ai«»^ tnuefaing the iiumberg, state aud condition of the said torth'western army, in prosecution of the said traitorous and unlawful dtsign, on the said first day of July, in the year afore- liaid, at the Rapids of the river Miami of the lake, m the Ter* jbitory of Michigan, (the said William Hull then and there beinr fe brigadier-geueral in the army of the United States, and being then ami there the commander of the said norlh*westem armr as afoEesaid,) did traitorously hire, or cause to be hired, an un-> anaed 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, from the said Rapids of the river MianHiofthe Lake to Detroit, in thrsaid territorv of MifthiapAn. hut in tnifli traitai>nn«lv A».»«_:«r:«<. _.>j intending, that the said unarmed vessel, together with all per- sois, papers and things put Qn board thereof should he «aptur«di 1 t if the cncuiics of tho said United States, on the passage of t66 said unarmed vessel from the said Rapids of the Miami of tho Lake to Detroit aforesaid, in th^ territory of Michigan afore- said : And that the said William Hull, in the further prosecution of his said traitorous and unlawful design and contrivance,- (being then and there a brigadier-general iu the army of the United States as aforesaid, and being then and there commander of the said north-western army as aforesaid) did then and there trai- torously put, or traitorously cause to be put oa board of the said nnarmed vessel, a trunk containing, (among other things,) the o:9\cial correspondence of the secretary for the department of war and the said brigadier-general William IIuH, as well touch- inj; the expedition on which the said north-western army under iiis command was, as aforesaid, then employed, as touehing ft declaration of war, by the said United States, against the siid United Kingdom of Great Britain and Ireland, and the depen- dencies thereof, and also certain official muster-rolls,^ reports, ami returns of the numbers, state and condition of the said north- western army, under his cofrtmand as aforesaid : And that after- wards, to wit, on the second day of July, in the year aforesaid, the said unarmed vessel, so as aforesaid traitorously hired, or caused to be hired, by th^ said brigadier-funeral William HuM^ on its passage from the rapids of the Miami of the lake to Detroit aforesaid, was captured by the said enemies of the United^States, having on board thereof, at the time of the (capture, the said traidc containing the said correspondence, as well touchin^the said!**- pedition as the said declai-ation of war, and the said offietal nmiiter- ipolls, reports and returns of the numbers, sftate And eonditUii »f the said north-western army, (together with eertain siekioMitb, and the principal part of the hospital stores befongiikgto thcfsiifd north-western army) : And that by mean« of the said captate, 4nd in fulfilment of the said traitorous and unltiwfal dettign^ iBMi- trivance and intondment of the said Brigadier General WiHilMn Hull, the said correspondence, as well touching the said exp'Z?.'' *"^ ''" P"^"" documents, including ^&w^ilSf.fP''5'**' ".**"'■'' appertaining to the said fort ?^^T*^?1?!*r*' ''"? *° *^ "^'^ north-western army of tha SS .*^Mr **»' »"^*''i*'® eomraand of the said Brigadier General William Hull as aforesaid : And that in prosecution of the «"d.t™lto™"f. conspiracy and combination, the said Briga- dier-General William Hull did then and there wilfullr and trai- tdrnusly nealect and omit to repair and strengthen the works of the fort cafled Fort Detroit, then and there under his command as aforesaid, and to put the same (together with the said suns and gun-carnages belongina- thereto) into a proper state and con- dition for resistance and defence against the approaches, attacks atid assaults of the enemies of the said United States; and did then and there wilfully and traitorously neglect and omit to for- tify the places and passes at and near to the said fort called Fort Detroit, by and through which the troops of the enemies of the gaid United States might then and there reasonably be expected to approach, and o id approach,Jhe said fort called Fort Detroit, for the purpose of attacking and subduing the same ; and did then and there traitorously neglect and omit to oppose, resist and re- _ — t^. Mirciijpi lu icjici ana acieai, me iroops of the enemies of the said United States, in their hostile prepara- tions and approach to and towards ^he s^iid fort called Fort De- 6 troit, for the porpose of attacking and subdiiine the same : And that in the further prosecution and completion or the said traitor- ous conspiraey and combination, the said brigadier-general Wil- liam Hull did then and there traitorously and shamefully aban- don and surrender the said fort called Fort Detroit, then and there under his command as aforesaid (which it was his duty then and there to maintain and defend) tot^ethcr with all the troops, as welt regulars as militia, then and there in the said fort called Fort Detroit, then and there belonging to the said United States as aforesaid, and then and there uudcr his command as aforesaid, and all the public stores and arms, and public documents, inclu- ding every thing else of a public nature, in and appcrtainiuj; to the said fort called fort Detroit, and to the said north-western army of the said United States, then and there under his com- mand as aforesaid, unto the enemies of the said United States, to Tvit, to the British forces then and there under the command of major-general Brock: Whereby the said William Hull, on the^ said sixteenth day of August, in the year one thousand eight hun- dred and twelve aforesaid, at Detroit aforesaid, in the territory;, of Michigan aforesaid, (being then and there a citizen of the said United States, owing allegiance to the said United States, wad being then and there a brigadie\ ^ ?neral in the army of the saiilt United States, and being then and there commander of the said-: north-western army of the said United States, and being then and there eommander of the fort called Fort Detroit^ belonging to the United States as aforesaid,) did then and there traitorou^y and shamefully abandon and surrender the said fort called Fort Detroit, to the enemies of the said United States, to wit, to the »aid British troops under the command of major-general Brock as aforesaid, and did then and there, by the means aforesaid^ traitorously adhere to the enemies of the said United States, giv;T ing them aid and eomfort. II. CHARGE. COWARDICE, at and in the neighbourhood of Detroit, be- tween the first day of July and the seventeenth day of August, in the year one thousand eight hundred and twelve. FIRST SPECIFICATION. In this — That during the said war so as aforesaid carried on and prosecuted by and between the said United Slates of Amer- ica and their territories, and the said United Kingdom of Great Britain and Ireland and the dependencies thereof, the said Brigr adier-General William Hull then commanding thenorth-wtstern armyof the said United States as aforesaid, having entered the said British province of Upper Canaila, in prosecution of the said >var on behalf of the said tfnited States, and being there in pos- session of the town of Sandwich ana ihe uiljuceut coiiniry, in lUf the ene« my's crossing the said river Detroit as aforesaid, landing at the said Spring Wells, otherwise called Spring Hill, as aforesud^ and marching towards the said Fort Detroit as aforesaid, with the design to attack the same as aforesaid, shamefully uisbe^^ have himself before the enemy, and manifest great fear and ap- prehension of personal djEinger, by various timid and cowardly actions and expressions, then and there uttered and used, in the presence of the officers and soldiers belonging to the said north" western arsn* of the said United Bta.tes- (hen and there under his command as aforesaid ; by avoiding all personal danger^ from i Am er lean retO) in the commander States) (Hd nade afore- |r, and mau' by a course t, agitation r by varioua I there used rs then an^ said United I, as well id leent i&tlai estabKskeci' Mieliigaii: I hostile «n-! lated !<► inu lean trootfi;^ tidn of tli^ latasent. * led, OH: AH »f Amejae^ areajtQrJii wit, ppi^ onmand of er Detroit, viae ci|lJi^ iriag thesf ft isiga loat- Ueenth day ind tweUej » being tfaeik., being then •f the said dt the ene* ding at the afaresud; tsaid, with rl'y misbe<» liar and ap- 1 cowardly ised, in the said north" s under his iger^ from If ihaking no attempt to prevent the enemy's crossinir the said rivet Detroit, and landing at the said Spring WeII«, otherwise called wpnng Hill; by avoiding all personal danger from reconoiter- ing and encountennK the enemy in tattle, on the said march of the enemy towards the said fort of Detroit; by hastily sending flags of truce to^he enemy, with overtures for a capitulation; by anxiously withdrawing his person from the American troops, mthe open field, to a place of comparative safety, within tihe walls of the said Fort Detroit; by an irresolute fluctuation of or- ders, sometimes inconsistent with each other, and sometimes inco- herent in themselves , by forbidding the American artillery to fire o» the enemy, on the said march of the enemy towards the said Port Detroit ; by calling the American troops from the field, and crow- ding theniinto the said Fort Detroit while the enemy was on the said march towards the said Fort Detroit ; by a precipitate decla- ratt^ to the enemy that he surrendered the said Fort Detroit, and the aaid north-western army of the said tnited States, before terms of ^capitulation were signed or considered, or even suRBested ; 4nd, gp»n •'ll ^^" eiyofsed to unmerited mortification and ra- P'M ^ifj** *^« »«!'^»«« tf the said United States, in the prose- tMttofl of the said war, suffered great detriment and discredit. ' P6uRTH SPECIFICATION: A'nd. also, in this: Tliat during the sai^ war so as aforesaid caiwdonand proscJcuted by and betw-een the said United States l**?^»«f ^"« t!'«i'',tf "itories, and llie said United Kingdom of Orfeat Bntnin and Ireland and the dependencies fhereofrto wif, on the sixteenth day of August, in the year one thousand eitfht hundred and twelve aforesaid, at Detroit aforesaid, in the terri- tory of Michigan aforesaid, the said Fort Detroit being then and ther^ well garrisoned and supplied with cannon, ammunition and provitfions, the said north-western armjr of the said United States, iyeiW§ then and there well supplied with arms, ammunition and provisions, and the officers and soldiers thereof being then and there in high spirits, and eager to meet and encounter the an- proaehing enemy in battle^ and a fine train of artillery being then and there subject to the orders and disposal of the said brigadier- general William Hull, for the piirpose of defence or attack, yet »he said brigadier-general William Hull, then and there bein«r eomm%iider of the said fort of Detroit, and of the said northrwest- «rs sraiT oi the s»ia United States,) aeiiftg upon the impulse oS ~t#— «-^-?7j id |Mri«ait fetr and appreliension, and canteihplatiag aa ihtt idioa'n^ of perianal safety, a nhamefnl abandoument and surrender af tliei iiaid Fort Detrait, and of the said north-western armj of the ^aid United States, under his command as aforesaid, to the approaeh- ingenemj, did then and there sham«''*\ , i .i-ibt-have himself be- fore the enemy, and did then and r !.«>■: enter into a diiigraceful capitalation with the enemy, . .i''au'"''t^ • eaosolatory stipnU' lion, that the said garrison and army should march out of the said fort of Detroit with the honors of war, no Just and humane stipu- lation for the security and proloetion of such of the inhabtlHnts of the said British province of Upper Canada, as had aeec|>ted the said hrigadier-ttcneral William Hull's invitation to I'tin the American standard, nor any reosanable »tipula^\ u iui .i^ ,irr|(|po»'-' tuttity 0^ reporting to the secretary for the departmeiU of xrar, the circarastances of so unexpected and so important un event 5 and did then and there shamefully abandon, surrender and eive tip the said fort of Detroit, together with all the troop«, regulars as well as militia, then and there under his command us aforesaid, and all the public stores, arms, and all pubHc doennorents, inclA^ ding any thing else of a public nature belonging to the said fort of Detroit, and ta the said north-western armr otHhe said Uni ted States, then and tirere under his eommand as aforesaid, to the said approaching enemy, to wit, to the British troops under the cpmmiiiii(i of major-general Brock, withaot any cause for g« doing, arising from the superior numbers, state and condition of the fiaid British forces, or from the actual want, or j^% expectation of sudden want of arms, ammunition and pfovisions^lbr the aaid fort Detroit and the said north western army of the said Untted States, and without any other tdeqnatfc cauhe whatsoever: Whereby the (erritarial sovereignty, rights and propertyof the said United States were shamefully ceded to the enemy, a brave and patriotic army was wantonly sacrificed by the pergonal fean^ of the commander, and the service of the said United States, in the praseeutiaii of the saiil war, suffered a great and afflieting low. -.'iH^^^.^ 111. CHARGE. ' ^: ,X^hE€V OF DUTY, and UKOFFICEtt-LIKE CON^ D^ ijTt while eommauding a separate armv, between tfae.«iiinth of April and the yeveBteenth of August, in the year one thousand ei|{ht l^andred and t\^elve. FIRST SPECIFICATION. Xt t?»is : That before and during the said war, carried on and pro^eciuted ^ aforesaid by and between the said United States of America and their territories, and the said United Kingdom of ^reat Britain and Ireland and the dependencies thereof, tw said iirig. Geiierai Wiiliam Kali being aulj appcintcu it, csiaisand the north-western army of the sai^i United States, did aCtaaJly ii U (o COlSiuuIItS take and aMun»e the commaTnl of the laid north-western aroty •n or about the twenty-fifth day of May, in the year one thousand eight hundred and twelve, at or /lear Daytoa, in the state o* Ohio, and did thence constantly continaein the aetnaiy eomoiand of the said army, as well on the march from Dayton atoresaid, to Jleiroit, lu the territory of Michigan, and at Detroit aforesaid, as in the British province of Upper Canada, until his eapitula' tian with the enemy, and the consequent surrender t f Fort De- troit, in the said Michigan territory, vvith all the troops, regular^ as well as militia, under his command, to the British farces under the command of Majn General Brock, to wit, at Detroit afore- said, in the territory of Michigan aforesaid, on the sixteenth day of August in the year one thousand eight hundred and twelya aforesaid : And that the said Brigadier General William Hull, uamindful of the important trust ^poscd in him, during all the ^me aforesaid, and as well on tl march of the said array from Dayton aforesaid to Detroit aforesaid, and at Detroit aforesaid, as in the British province of Upper Canada aforesaid, was guilty of jiegleetof dutr, and of anofficer-Iike conduct, hy neglecting and omitting, with snflic:<:nt care and frequency to inspect, train, exereiae, review and order; and to cause to be inspected, trained, reviewed and ordered, tk^A -uid army under his command as afore- said J and also by neglecting and omitting, in due form and time, te prepare an order of battle, and make the same known to the said army, on the mareh from Dayton aforesaid to Detroit afore- said, in the Michigan territory aforesaid : Whereby the discipline •f the troops under the command of the said Brigadier-General William Hull as aforesaid, was in danger of being relaxed, their comfort was liable to be impaired, their confidence in the military skill and dispj^sitions of their eommander was diminished, and the said army was exposed to the hazard of disorder and defeat, in the event of an attack being made thereon by the enemy. SECOND SPECIFICATION. And, also, in this : That durini; the said war, so as aforesaid carried on and prosecnted, by and between the said United States Af America and their territories, and the said United Kingdom of Great Britain and Ireland and the dependencies thereof, to wit, m or about the first day of Jqly, in the year one thousand eight hundred and twelve aforesaid, at the Rapids of the river Miami, in the territory of Michigan, the si 'd Brigadier-General William Hull, then and there commandii the said north-western army pf the said United States, on the march thereof from Dayton, tii the state of Ohio, to Detroit aforesaid, in the territory of Michigan aforesaid, and then and there having sufficient cause to know or to believe that war then existed between the said United States and their territories and the said United Kingdom of Great Bri- tain and the dependencies thereof, was guilty of neglect of duty ' A 1« J .a;. ,_ i:i,„ .l..«|. K.. it ■ IIU tltCIC nil Hi .3' ui' ca,u3!:i> be hired, an unarmed vessel, and putting, or causing to be put on in r fi r bpard thereof, to bo traniported by water paaiiaf)^ from ike Maid Hapids of the Miami of tno I^ake to Detroit aforesaid (the aaid Bri^adier-Gcnerai William Hull having anfficieiit catiHcto know or to believe the imminept danger of capture by the enemy, to ivhich the said unarmed vessel, on the passage aforesaid, would be expoHed) certain sick soldierii, and a great part of the hos- pital stores belonging to the said arniy, together with a tronk , containing, (among other things,) the papers herein after men* tioncd, wnioh it was the duty «f the said Brig. Gen. William Hull most carefully to keep and preserve, from the view an4 knowledge of the enemy, that is to say, the official correspondenoa «f the Secretary of the Department «f War and the said Brig. Gen. William Hull, as well touching the expedition on whieh the said north-wcslern army, under his command as aforesaid, was then employed, as touching a declaration of war by the cnid United States of Ameiica against the said United Kingdom of Great Britain and Ireland and the dependencies thereof, and also certain oHiciul muster-rolln, reports, and returns of the num- hcm, state and condition of the said army under his command as Aforesaid ; and the said unarmed vessel, on the passage aforesaid, from the said Uapids of the river Miami of the lake towurda Detroit aforesaid, afterwards, tq wit, on or about the second Amy of July, in the year one thousand eight hundred and twelve afore- said, was captured by the enemy, having on board thereof, at the time of such capture, the said sick soldiers, the said hospital stores, and the said trunk containing the said official correspon- dence, and also the said muster rolls, reports and returns oi the numbers, state and condition of the said army : Whereby the ^aid sick soldiers were made prisoners of war ; the said hospital stores were lost the said United States j and the said offieiaTeor- respnndencc, and the said muster rolls, reports and returns of tho numbers, state and condition of the said army came to the pos* liession, knowledge and use of the enemies of the said United ^tates, to the great injury of the said United States. THtRD 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 Britain and Ireland and the dependencies thereof, the said Brigadier- General William Hull, having arrived with the said north-west- ern army of the said United States, under his command as afere- siiid, at Detroit, in the territory of Michigan, on the seventh day of July, in the year one thousand eight hundred and twelve afore- said, and having the possesstioa ana command of the said Fort oi Detroit from that time constantly until the abandonment and sur- render thereof lo the British forces under the command of Ma- jor-Geueral Brock, on the sixteenth day of August, one thousand I'jgbt huiulred and twelve aforesaid, and iinding upon his said ar- rival ai DeU'uJt aforesaid, that the works of the said Fort Detioji iyere greatly damaged and dilapidated; and that the guns and gun i8 earriagen belonging to the said Fort Detroit wore also (lainajEed and out of repair J and moreover well knuwinir the importance of the said Fort Detroit to I he service of the said United States, in the operations of the said war, and that the same, (together with the said suns and gun-carriages) Hhiyild be put and kept in proper order and repair, was guilty of neglect of duty, by neglecting and omittinpf, during all the time of his possession and oommund as aforesaid, in a proper and sufficient manner, to repair and itrengthen, or cause to be repaired and strengthened, the workv of the said Fort Detroit j by neglecting and omitting, in a proper and sutHcitint manner, and in due time for the service of the said United States, to repair, or cause to be repaired, the uuid guns and gun o-rriages, and generally, by neglecting and omittinic ta put, or cause to be put, said Fort Detroit in a proper state hul condition for resistance and defence, in the event of an invasion «ud attack by the enemy : Whereby the said Fort Detroit was Wft an easy conquest to the enemy ; the said guns and gun>car- mpes being afterwards required for the serviee of the said Umted States in the British province ofUpper Canada, were still feund nafit for transportation and use; great time was aonsumed in preparing and fitting them for the said service, and the opera- UifW of the war were latally obstructed and suspended. ; FOUBTH SPECIFICATION, . ^ And, also, in this : That during the said war so as aforesaid jjarried on and prosecuted by and between the said United States af America and their territories, and the said United Kingdom (tf Great Britain and Ireland and the dependencies thereof the 9Aid brigadier-general William Hull declaring and avowing an jintentiou and design, with the said north-western army of the »aid United States, under his command as aforesaid, to invade and enter the British province of Upper Canada, to invest and attack the British fort called Maiden, otherwise called Am- ]ierstberg, in the said British province, and to maintain and en- Jarge his position and possession in the said British province, ^nd well knowing that expedition, resolution and energy were indispensible to the prosecution and accomplishment of such in- tention and design, and having arrived at Detroit aforesaid in the territory of Michigan aforesaid, on the seventh day of July, in Uie year one thousand eight hundred and twelve aforesaid, and having invaded and entered the said British province ofUp- per Canada, on the twelfth dav of July, in the year aforesaid ; and therein taken possessioii o'* the town of Sandwich aforesaid and having evacuated, with the main body of his army, the said British province of Upper Canada, on the eight day of August, in the year aforesaid, was guilty of neglect of duty and unofticer- like conduct, by not seasonably repairing, fitting and transporting or causing to be repaired, fitted and transported, the guns and gun-carriages, which were necessary to the operations of the war in the said iJrlu9h province of Upper Canada j by an useless and H injurious waste of tine and opportunity at Sandwich aforesaid, ii| th« said British provin-3 of Upper Canada, without making aa attempt to reduce the said British fort called Maiden, otherwise '.ailed Amherstberg ; by an unneeessary consumption df time in projects to eoaeiliate the Bri|[ish inhabitants of the said British province of Upper Canada, and the nei,^hbouring Indians, with^ out resorting to the more eflTectual display of a military power, capacity and dispositiou, to maintain the acquisition of conquest, and to perform tae promises of protection j by postponing iu the first instanoe, and by abandoning in the next, an investment and attack upon thf said British fort caii,3d Maiden, otherwise called Amhcrstbeig; and by finally evacuating the said British province of Upper Canada, without providing, in any respect, for the safe- ty «f the inhabitants thereof, who nad accepted the said briga*' dier-general WiiUam Hull's invitation to join the American standan^, and witiiout having in any degree accomplished the said inteution and design of the said brigadier-general William Hull, ^o as aforesaid avowed and declared, upon the invasion of the said British province as aforesaid : Wtterehy at: opportunity was afforded to the enemy to bring into suspicion anu contempt the pawer and the eontluet of the American eomma'^der ; to colt lect and combine the British forces ; to seduce, intimiUate and engage the Indians ; to awe into submis»ion the wavering inhab- itants of the said British province of Upper Canada ; to reiiuforee the said British fort called Maiden, otherwise called Amheriit- llierg; and to prepare for investing and attacking the said fort of Detroit, in the said territory of Michigan ; while on the other band, the said army of the said United States, under the command of the said brigadier-general William Hull as aforesaid, dimin- ished iu effective numbers, in consequence of sickness and othep casualties^ the officers and soldiers naturally became dissatisfied and disgusted with a scene of such inactivity, irresolution and procrastination ; the hope of support and co-operation, as well from the Indians as from the British inhabitants of the said Bri- tish province of Upper Canada, was destroyed $ and the general ardor of the troops, in the prosecution of the war, insensibly abated. FIFTH SPECEFICATION. And, also, in this : That during the continuance of 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 dependen- cies thereof, the said" brigadier-general William Hull, with the said north-western army of the -said United States under his com- mand as aforesaid, arrived at Detroit aforesaid, in the territory of Michigan aforesaid, to wit, on or about the seventh day of July, in the year one thousand eight hundred and twelve aforesaid ; that with thn said army under his command as aforesaid, he entered i^nd invaded the said British province of Upper Canada, to wit, 16 6n Of ahout the twelfth day of July, in (he year aforasaid ; iUt With the mam body ot the said army under his command as afore- said, he evacuated the said British province of Upper Canada, on the eighth day of August in the year aforesaid, thence returning to Detroit aforesaid, in the said territory of Michigan : and that he abandoned, surrendered and gave up said fort Detroit, with all the troops, regulars as wtll as militia, under his command af aforesaid, to the British forces under the command of Major lxener?U Brock, to wit, en the sixteenth day of August, in the year aforesaid : And that during all the movements aforesaid, and during all the time aforesaid, to wit, from the said seventh day of July, in the year one thousand eight hundred and twelve tforftsaid, to and including the said sixteenth day of August, ia the year aforesaid, it was of high importance to the security and ,*??P'?y ^^^ *'^'** ^"""^ Detroit, and the said army of the sai« Uiiited States, under the command of the said brigadier-general WilHani Hull as aforesaid, that a free and open commuhicatiott shod Id be had and preserved between the said fort Detroit and the 8Aid army of the said United States, under the command of the said brigadier-general William Hull as aforesaid, and a cer- tain American settlement and military post made and established titih^ river Raisin, in the said territory of Michigan: And that the said brigadier-general William Hull, well knowine tho premises, but unmindful of the trust reposed in him, was guilty of a neglect of duty and unoffieer-likc conduct, by siifferinff the Mieiay to^mterrupt and cut off the said communication between tKe said fort Detroit and the said army of the said United States trtidetiiis eommand us aforesaid, and the said American settle- tneAt and military post made and csftabiished at the river Raisin ^foresaid, in the territory of Michigan aforesaid, to wit, on the firstday of August, in the year one thousand eight hundred and twaive aforesaid, or on some other day of the said month of Au- gust, or some day of the preceding month of July, in the year ^foresaid : also, by afterwards, to wit, on the fourth day of Au gust, in the year aforesaid, detachiu- Major Thomas B. Van Uornfe, of Colonel James Findley's regiment of Ohio voianteers with an inadequate force, (the said brigadier-general William' liull having suthcient cause for knowing or believjag the same to be inadequate,) to attempt again to open the said communication ictw-een the said fort Detroit and the said army of the said Uni- ted States, under the command of the said brigadier-general William Hull as atoresaid, and the said American settlement ami military post on the said river Raisin in the territory of Michigan aforesaid; also, by afterwards, to wit, on the eighth dayot August in the year aforesaid, detaching Heutenant-coloiiel James JVfi Her, of the fifth regiment of United States' Infantry with the number, or about the number of five hundred men to at- tempt again to open the said communication between the said fort ol Detroit and the said army of the said United States under the eommand of the paid brigadier-'^efleral William HnIL ^mA * ^ tlie said American settlement ami military post at the said rivet Haisia in the territory of Michigan aforesaid, and neglecting to furnii>h and forward, or to cause to be furnished and forwarded! to the said last-mentioned detachment, at or near BrownstowD^ on its march upon the service aforesaid, an adequate supply of provisions, (the said brigadier-general William HuU having sufficient cause to knew or believe that the said last- mentioned detachment, at or near Brownstown, on its marclt upon the service aforesaid, was in want of provisions, an^ that they could not prosecute and accomplish the said servieet unless an adequate supply of provisions was furnished arid forwarded to them, at or near Brownstown aforesaid :) And, also, by afterwards, to wit, on the fourte«nth day of Auguat/in the year aforesaid, detaching Colonel Duncan Mc Arthur^ colonel of a regiment of Ohio volunteers, and Colonel Lewis (Xass, «nr ionel of another regiment of Ohio volunteers, witli tbe,BOnil^ei^ or about the number of four hundred men, us weil ta attempt* again to open the said communication between the said fori I)etroit and the said army of the said United States, und«r th« command of the said brigadier-general William Hull as afore« said, and the said American settlement c^nd military post at the. river Raisin aforesaid, in the territory of Michigan aforesaid, ;.att.. to escort provisions from tlie said American settlemeutand mil-- itary post, to Detroit liforesaid, without issuing, furnigbittgand. forwarding, or causing to be issued, furnished and forwarded to < the said last-raentioni^d detachment, an adequate iHipply of ppor visions for the service on which thev were employed as aforesaid; (the said Brigadier-General William Hull having sjuffieieUt cause to know or to b^ilieve that the said iast-'mentiot^d detaehn ment was in v. ant of a further supply of provisions upon the s^eiv,, vice aforesaid, and that they could not prosecute and aeeompljjsb - e unoiiicer-like conduct, and that the only j^ecifif- cation should be insulting a- superi' , Suppose that under this general tharge and specification, testimoisy should be offered of absence widiotit feave, thiswoiild also be unofficer-like conduct, and therefore would ccoB^ tjjider the general charge. But would it not be tlie height of injustice t6 try the accused tor absenting himself, a crime of which the pharges gay6 him no notice. I trust the court will see the validity of the objection I aT9 consiidering, 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 ppecifications. . . - I do not think it necessary to occupy the time of the court with a reca- pitulation of the charges, nor shall I exhaust your patience by attemptang in my defence, to follow the volume on your table through all its reitera- tions. It will be found fqr the most part to be a repetition of the same facts, displayed in the jargon of special pleading, with an incongruous dis- semination of such opprobrious epithets as fitncy might furnish to heighten the imputation of guilt. I shall endeavour to arrange apd consider the ac- cusations in such order as will enable me to bring my defence into some compass, and to be th^ better understood. I shall particularly notice the chai-ges which thf. judge advocate in his opening mentioned as those which he expected wouid be substantiated, and I shall not omit to make my de- fence against evtry accusation which there has been the least testimony to support. The cardinal accusations, if I may be pei-mitted so to express myself, are founded upon an alleged delay at Sandwich, the reti-eat from Canada, and the surrender at Detroit. If I can satisfy the court that these acts were in themselves necessary or justifiable, it will then remain for me to answer such of the acciisatlons as relate to the manner in which tliese acts were done, and to answer also some ^barges not immediately connected with these transactions. 'J'bis courju Si vill eiabrace the whole of my defence. Of tliis latter description is U.e first specification under the charge of treason which relates to the vessel sent from the Miami. I shall therefore give this a separate consideration, and as it stands first and highest in the black catalogue of the Crimea which are imputed to me. and is repeated in other specifications, I shall in tJie first instance ask the attention of the court to this subject. I have already protested against the authority of this court to decide Upon this charge, because treason is a crime of which a court martial has no cognizance. Their power is confined to such military crimes as are ^iiied in the articles of war. and tlieir jurisdiction is so limited, not only by the Constitution, but by the very articles themselves. I have thought it my duty in the most solemn manner to make and insist on this protest for the sake of repellmg a dangerous example, a)id not as it respected myself or the case now under your consideration; for my only desire is to acquit myaeli of the criminal acts and motives which have been so wantonly imput- ed to n-.c. If 1 cannot succeed in tliis, I am indifferent as to tlie names by which the crimes may be called, and if I do not acquit myself of the other charges which are the most wounding to tlie feelings of a soldier, I am equally indifferent to the punishment that may be inflicted. I have no de- sire to preserve a life that shall be stigmatized by a conviction of this court «D the charges of cowardice. ' TJie first specification under the charge of treason relates to sending tlie vessel on the first of July from the Miami with the Hospital stores, sick baggage, and army documents. As to sending the vesicl with what she liadion board, except the last article it is not disputed— but that for the reasons which according to the testimony of General M'Arthur I assigned for it at the time, it would not have been an improper measure had not war been deelared. . Tlie whole crimmality then in this respect rests on the U-uth of the al- legation that I despatched the vessel knowing of the war, and with a design to give traitorous intelligence to the enemy. It is very certuin that I had no direct intelligence of the war en tlie 1st of July when the vessel was despatched. I had on the 26th of Jime r* . ceived a letter from the Secretary at war, dated on the day war was declared the 18th of June— and 1 afterwards received another letter from him of the ^same date, announcing to me tlie declaration of war. It seems to have been intimated that the letter of the 18th of June which I received on the 26th, was the letter announcing tlie war— but I think tlie testimony of General M'Arthur setUes that point— He acknowledges that I shewed him both the letters which I received on the 26th of June at the time I received it— and also the letter which I received on the 2ud of July at the time that letter came to my hands : But if the testimony of General M'Arthiu- and other witnesses left any doubt on this subject, it must be removed by a refer- ence to a letter from me to the Secretary at war which has been read by the Judge Advocate, dated at fort Findlay, on the 26th of June, which ac knowledges the receipt of the letter from him of the 18th of June, which I h;id Iheii received— In v^hicU I say <' in the event of a icai;" it will be nc- an cessary to pursue eerLaln measures— I think this is evidence not only that the letter which I had received on tlie 26th of June was not tlie letter which announced the war ; but that the letter which I did receive jfave nie no ex- pectations tliat war was declared when I wrote. It may be said however in the language of some of the specifications, that though I had no certain information of the declaration of war when I despatched the vessel, 1 had " sufficient Ciusc to know and believe tlmt var existed." As I have said the first letter from the Secretary at war, dated on the 18th of June, gave me no cause to know or believe the fact, all that is in that letter which could by any possibility be supposed to have telated to such an event, are these few words. — " Circumstances have re- cently occurred which render it necessary you should pursue your march to Detroit with all possible expedition." This was but a reiteration o^my former orders— In the letter from the Secretary at war of the 9th of April, 1 am directed " to repair with as little delay as possible to Detroif'^^how then was I to infer from this letter that war had been declared. I did nev- er suppose that if war was declaved I should receive a peremptory order from Washington to march my whole army in all events to Detroit; there. by leaving the enemy at Maiden eighteen miles in my rear, directly on my line of communication, with all the facilities wliich he had by reason of hW command of the waters to cut off my supplies. Such an order appeared td me so inconsistent with my military experience that I did not suppose it could liave been founded on a declaration of war, or even on a prospect of immediate hostilities. I did suppose that in the event of a war a discretjofl would have been left to mc to conduct my troops in such a manner as I might judge from circumstances would be most conducive to their securi- ty, and most likely to effect the destruction of the enemy — and that I sliould have been left at liberty to post my army in what I might think the mosi advantageous situation — I did suppose that when it was seen that war would be immediate and iivevitable — I should have been informed of mea- siu-es taken to reinforce me, and to keep open the road which it was fcnowhi I was obliged to make for near two hundred miles through the wilderness, and en whicli my army must depend for its supplies — I did suppose tliat i should have been informed of co-operations intended for my support, ahd of means provided for my communicating with those wlio might direct those co-operations — and I did suppose that I should have been informed of mea- sures taken to obtain the command of the waters — All my intercourse, as well previously as subsequently to my appointment, as I shall liereafter prove, witli the executive officers of the Government, gave me reason to expect that all these measures would be pursued in the event of a war. How ^len was I to undci-stand from this simple i'ltimation that circum- stances had occurred which required that I should pursue my march to Detroit with expedition — that war was actually declared, or immediately expected? Besides, it naturally occui'red to mc that if the circumstantes alluded to by the Secretary were a declaration of war, or sucli ;is would Im- mediately lead to it — I should be told so explicitly — I could conceive ivv reason for^mahing his communications tome in ambigvious terms. But it may be said that General M'ArthurhM proved by the testimery WhicJi he lus given relative lo conversations he had with me when I re- ceived Uie letter from the Secretary at war on the 26th day of June and when I despatched the vessel on the Ist of July, that I had "sufficient cause to know or believe that war then existed." General M'Arthur's testimony on this subject is as follow. : "On the eremng of the 26th of June an express arrived from Chilicothe bearing u letter for me, another for General HuU-I went with the bearer to General H.iU.who opened his letter and handed it to me-it was from tl» Secre. tary at war. dated 18th June. 1812-It stated that circumstances had occur- red that made ,t necessary tliat the General should proceed to Detroit-tak. measures for defence, and wait for furtlier orders. 1 also received a letter from a friend quoting a postscript to a letter from General Worthington a senator m Congrese, which postscript said « before tliis reaches you war will be declared.' I stated to t he General that Colonel Dunlap the bearer of the express had told me that before that time war was declared. The Gen- eral then asked me what I thought of the Secretary's letter-I said I tho.^ht It a notice of a declaration of Wiu-_the General said it seemed very much like it.-Thc General and I had a great deal of conversation on the intorma- tion we had from time to time received, and wc appeared to agree that wai- Vras certainly declared." * General M'Arthur further testified that on the morning of the day on Which we left the encampment near the Miami-" the General sent forme to his tent and stated that he thought of sending the baggage by water from that place-I said I thought ,t hazardous-that possibly the British might have mformationrof war and might take the ressel-tjie General re- plied he could not imagine there was any danger, Uie wind was fair and the vessel would pass in a short time, adding Uut he could not take upot. himself the responsibility of carrying on the teams any furthei^I think there was a verbal or written order to embark the baggage-I stated to Ih. 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-snd! on the first or second evening after the commandants of corps were called to the tent of Gen. Hull and were informed that a letter had been receitred ftom ihe Secretary at war announcing the declaration of war." The witness further stated in some part of his examination that notvith^ standing the order he sent nothing by the vessel but his mess-boxes. I must beg leave first to remark to the court that this testimony of Gen M'Arthur aifords strong evidence of the fallability of his roemory-for he states that the letter from the Secretary of war which I shewed to him at fort Findlay on the 26th ofJune, ordered me to proceed to Detroit, take measures for defence, and wait for further orders.-An order to prepare for defence would have been a much more significant intimation of a declara- tion of war than any thing the letter contained. A copy of the letter fur- nishedbythe war department is before the court and will prove how far General M'Arthur can be mistaken. The expression, which he gives as having been contained in the letter which he saw on the 26th of June are contained in the letter announcing the war which wa» shown to him on tiid 2nd of July. It cannot be pietended tliut he might have sera tlsis last mentioned letter on the 26th ofjiine—bccuusc if that had been bo there could not have been after the explicit information contained in that letter, any such debate as he states there was between us on the 26th of June, M lo the possibility of war having been declared. I do not mean to charge Gen. M' Arthur with a wilful misrepresentation— I have no doubt but that the zeal which he has manifested for my conviction has led him into this mistake. As tliis is the liighest cliarge against me, he probably has felt the most anxiety that it should be substantiated—and his mind has adopted «■ the impressions of his memory what are only the results of his wishes. I marie this inaccuracy of Gen. M' Arthur the more particularly to shew that inasmuch as he was so materially mistaken with respect to the contents ■«*■ the letter, which he states he had in his hand, and deliberately perused, and liasconfounded what passed at one time witli wlmt occurred at another, he may very possibly be as far mistaken in relation to tlie conversations ho; has related. I do aver that in respect to the ronversation which he relates as having' passed between iis on the 26th of June, he is mistaken ; or rather he repre- sents it in a manner calculated lo make impressions altogether different from what in truth it ought to do. After he had informed me of the letter he had received, quoting the Postscript from General Worthington— and. after he had communicated to me what had been said by Colonel Dunlap the bearer of the letters, I might have said it seemed like war, or made use ofsomeexpressionofthatsort— butldeny thati c%'er said that the Seem- iary'g Utter seemed like wai'— on the contrary— that letter induced me i» suppose notwitlistanding the Postscript from Gen. WorthingtMi'and the in- formation of Col. Dunlap, that war could not have teen declared. I beg the court to remark that neither the postscript or the information of Col. Dunlap did state, or could have sUted, that war was dcclai-ed, but merely gave tlieir opinions that war would be declared by the time the letters were received, without stating any grounds for their opinions- considering, however, the opinion of Gen. Worthington, as coming from a 8«urce entitled to great respect and cons'deration, it induced mc to tliirJc it possible that war might have been declared— But wlicn I found day after day passing without intelligence from the government-^whcn r found that on the 1st of July five days had elapsed since the arrival of Col. Dunlap, and when I felt confident that not a moment would be lost in des- patching a messenger to mc whenever war was declared— I was satisfied that the information which had been communicated to me througli Gen. M' Arthur had no other foundation than those rumors and expectations which had>4}een so long afloat throughout tlic country. One circumstance was a strong ir.ducenvent to believe that the relations of peace with Great Britain had not been interrupted. When I left Washington, the secretary of wai- had told me it was not expected that w.-ir would be declared before the 4th of July. This is a fact, though the secretary of wai- has answered to Ihc ninth intm-ogatory acTdressf d to him th.it «' he had rot such a recol- WtJoi 6f tlie conmsation between u» respecting the probable time of tht JicWaiion of war as to enable i m to answer satiMfiictorily on that sub- |ll^"--But as I lud not on the 1st of July, when I despatched the vessel IwtAvei myself any information of the declaration of war, 1 wa« to pre. wnit tfcat the enemy could not have been apprised of that event It app, .red twme an inadmissable imputation on the administration, to suppose it pos- •iHe that they would suffer infortnation of intended hostilities to be con- f«9^^ Uie enemy before it could reach their own General.— Tet it was ftWteen days after war .yas declared before I had any information of it— 1*«ogh it appears that a letter from the secretary at war written on the 18th of June, had reached me at tort Fi ly in seven day»--and an attention <»> the dates of the correspondence between me and the war department will 4iew that the communication between the city of Washin^on and the *my, even} when it was in Canada, mig \ be made in eight or ten dayi. la |'l^vur^ expeiice, by. an atfcejmpt to make it be believed that the eniemy diSs^wJ^* knowledge of tiie war from tlie capture of th^s vessel. If thi» '^er* ^^' how is it to be accounted for that the enemy shbuld have asstiledf iKa )&'* hostile maimer before she was captured. , . ^ ^ . >.a- The court will recollect that f<;r fha^ _ ^^ documents in my possesion at the tithe she sailed from thle nplSiot wj^' lifiami. it is al*o a ftct that is no^w ncUnrious that tlie enemy liad^retieiy^' information of the passingof the act declaring war'several digra befc«'|f tad taty cbmmuhicatton frbiti WashingtoH on the subject. It is vtnagaibglKmi as it is unjust to charge the enemy's prior knowledge of the ptcjUiitiam 'e^^posed delay in atta^ing linden and the retreat from Sand wich, the othier to t^e surrender of Detroit—But as there is' a i«potition of iii^ specifications under the two other charges— t shall not now notice tbem ftirther than to obser^ that these specifications under the charge of ^i^ason, allege that the delay, the r«tr^t and tlie surrender wetfe all in pursuance of.a traitoifo«is cpmbinatioh f«d conspiracy between me and cer^ tain enen>ics of the United States, whoso names arie unknown. Jf the court coiiu a lined ftc^ cuxmst » 118 VftttW lilpiiiliplpi aduMsaen loiBetfcio'Bi piren i9to under the AS to '^»' ttions»MMje treat ftcfih I t^potitkift now notice : charge of went all in le and cer' f the coari hf4 r^gBisnee sf thii crime of treuoii» I could vol be ecmvictad vaim r .flWc.tnhoroaf oppibutatum and conapiraey ^rc^ jyroved: I iai(^t ^ iv irase ia the erkltiiiee pf any cmaliiinAtiOn or Cflfnapixacy tbetvcen ne Npl '—But I forbear with inctignation from tihe ezamioatiaa of such « oour wlien the court has before it'aU the testimony that the IffhtfM of my ]^r and crime are not convertable t«rms. J1;B^iN|,| A^B^itod a cqtnmissibn from the gavemmen VT pledged to thdii ]|^^|IQ^ic zeal and ^ility in discharge of the duties of ^^ o£ce they ''u^liw^ahd I tnut that pledge wiU not beconsidei^da^ i^DU^ aj^>e»r to this court that on some occasions n^y judgmoit misdirected me. The professile testimony-^ sh^l only present for your considerationiMMt which »re {woved by documents before you, and shall make no obs^rvlMiMif ^ 19011 them which are not obviously and absolutely necessary fiwttydl- femBerrMuch ^less shaU I attempt to charge the administration wi^ «7 wilful misconduct. I believe every member of it to have been aptwKled by the piuest motives and the most ardent zeal in preparations ^r^.d^d proseention.of an inevitable war. A war in which I should never ha^te^ mh listed had I not believed it both just and necessaiy-Hind while my counfigr is engaged in such a contest, let my former services to her, let my ifefiiwr chiHM^ shield m^ from tlie suspicion that I would voluntarily say t$tt won^$ttt shall lessen the cmiiidence of my countrymen in those, undw.>wh<)l|B auqiiiees our battles must be foaght<<--and by whose wisdom and stieiii^ pur misfortunes are to be redeemed, and our honour is to be saved. But in my own vindication^, and in defence of that honour which the go-_ vemraent have now put at stake, I am obliged to say, that the army 1 ^f^m manded had net that co-operation, and support which when I accepted lily commission the goviemment,.gave me reason to expect — and wijiDsutj^^ prospect of which, I should never with the force that was.pUcfd.miicffBd, my command have thought of carrying on offensive operationa against Upper Canada—nor even have placed my army unless in pbed)^)^ tn orders in the situation in which it was after ifs arrival on ti|y; wat^n^pf Lake Erie. , ivhen I accepted the command of the North*westem army, I did not aup< ]>pse that in the event of a war with Great Britain, the fprce of .that army would be adequate to conquer Upper Canada— Nor did I believe that the administration had such an opinion :-— But on the contrary I did understand, and such it will appear was the understanding of the cxecutivie officers o^ the govemmentftthat in the event of a war the operations of my army would be strengthen(^d and secured by a competent naval force Jon Lake ISrie, and by the direction of other forces against the enemy's territory. Hac^ these expectations been reali^edi instead of having linge^d out so many months as a proaecnted crimiiial, instead of now standing before you as an accused, | might still have ahared my country's confidence*-r'The ipql charges to which I am now to answer wonld not have thus blasted the lau- rels of my yputh-r-But even in the wilds of Canada and amidst these whit- ened lopks thj|^ flight ha^e retained ti^ pristine verdure. I proceed gentlemen to torn your attentipn to the documents, by a refer* euce to which I mean to sheijf what were my views and expectations, and what I had a right to suppose were the views and expectations of the ad- ministration on the subject which we are now considering. The first paper read by the Judge Advocate was a meinprial addressed hy n^«! in }809,'tp U^e then secretary at ww> H ' from thbmemoriAl the ft>llo«riiir>«iiextifiK;t: ; " My residence at Detroit tqit four yews has giren me funie fewywiU^lgf 9f our Mothwn «iid Wettem ftoi)Uer-HU)d I take tlie Uberty.^f coma|p. ^ftktg to you such facts as have fallen tinder my observ^tiot). The <^. (MtlitkVt ftinned— and the measures which »^p9ir jto 109 ti»e m*%!!SI^ ffiait undbrthpexistii); state of tbiings.** * >, ?^ j v- ' ^ ^tlili»]tlaee, it would be nepessaay to have a larger force in Vj^ptr Pamdn thiiiyu then ther&!r>the memorial is as follows : '*'^% fwH likewise suggest for consideration the eypedieocy of building ^KtiM'imied vessels on Lake Erie, for the purpose of preserving the com< 'pmAemkn-^r^ontider, you have (^ mUitary potf to the NwlOi and West ^tiie#9 waters, and no other communication with them^^ mf%% |g \jf^ this memorial was written in time of peace-rbut tl){p suggestion 'Ipi to the nival force could only be with reference to it's use in vd^'#||}o ^^t Know ^r what purpose this memorial was read by the Judge Advocfte, uttlasit it Were to shew of what iniportanee I thoiig^t our possesst^'Oil'De'* ttoit^rrSir* my opinion on that subject has ever been and is yet the same ^M Is >kpressed in that memorial~r-I thought 'Uie administration had the same <^|ientiments— and therefore I was the more firmly persuaded that tiie |d^ ^MitiliMelUdtt would have taken vttry pcssible means to support the army ^^ichwsis sent Sav it's protection. At the moment I wa9 sunmdering • li^t Ibrtress, a conviction of it's grt^^t importance ineroased tl^ v^isoant ' ^its^^ I fdt fbr the necessity of thr measure. Oh the 6^ of March, 1813, which was about a month before I was i^pomt- e(ltecretary acting as goyemor has been authorized to make a de« |:^c^ment of four companies of milit'.M and call then) into actual sefTioe. wtm "Wf mfmmmm «Tlie meimuasialimtee of fort Detroit hat been directed to ereetbat^ tari^^on the buifa of the river Detroit for the protection of the town. ' ',* «^^Jile«t, u incipioit meuures I very much approve, and was particidwl ly pkaaed with the decisive manner thejr were adopted. It miut be i^^ JPfnt however t|*qr add mphatieal atrenyth to that aection of the oQuntfy;.t The force alrrady there is only better organiaed and prepared to be c^fed(' into actioB. By comparing this force with the force which may be op|»i^* ed to us, wUl evince tWnecesaity of additional means of defence, if the t£* ritory is worth preserving. > li ♦• In the fort of Detroit 1 undeistand by tlie last returns there are leatl than one hundred regulars—the population of thfe territory is lesn than 4vis! thousand— and this population of the territory principally of Canadian, CharacteiwCbnnectcd with the post of Detroit, and three hundred ipilcti ^""^i"? *^® "^** **' Micbilimackinac, where U a fort garrispnea by i| *^**"^P^^ ***"*■"• *'*"■ *^® ^''"* ^"'* of Lake Michigan on,th« ^^^to«'de is fort DearbMn, likewise garrisoned by a eompany of " This is all the force on which we can at present calculate for tlije safety of our frontier and for the protection of the Indians which the Unit- ed States are bound by treaties to afford. « No support can Be derived from tlie ladian Nations, even in tlie eirent' of war, because pur officers 'are instructed to advi»e them to renaain neu- tral— and not to accept their services if they should be offered. ' f ' *' I will now consider the British force opposed to this part of tbip Unit* ed States. •* A fort at Amherstberg at the mouth of the Detroit river, garriapne^^ by about one hundred British troops— another fort on the island of H% :fo- [ teph's at the mouth of the river St. Mary's, garrisoned by about 6fty. British troops— two armed ships on Lake Erie, which command the waters, and would prevent all communication from the States through that chan.^ ■d— a population of at least fifty thousaiid in that part of Upper Cana^ which is connected with the Detroit river and Lake Erie, and could eai^ly be brought to operate against our settlements— about four thou8|m4 mcn,^ principally Canadians employed in the Indian trade and under Britisjli in- J fluencc— fnd lastly may be reckoned all the Indians in Upper Canada, and a v large proportion of the powerful nations residing in the territory pf the United States, who now hold a constant and friendly intercourse 'ji;ith. the British agents, and are liberally fed and clothed by the bounty of the ' British government "It appears firom tfiis statement that the British force which can bo brought to operate agiunst us in the territory, is more than ten to one, without including the Indians. « ^t requires no difficult reasoning to determine what must be the cout , sequeijpeT-tliat part of the United States must fall into the hands of thp British government, with all the inhabitants— the forts at CWcaga, Micji. ilimackinac and Detroit, and all tjie public stores, with the public an^ private vess^s on the Lake. I u "ttitwUlffive our enemies the entire contnand of all the «euBtcy jMh and North-west of the Miami of Lake iSrie-and the settlementa oil ^2^"' ^^ ***■ ^^ ***** of Ohio, will be subject to the depredations ^SjTi^^ northern nations of savages. There is nothing in my opinion C» wewt of war) can prevent this state of things but an adequate force *m, the Detroit river, opposite to the settlements in U^jper Canada. It may %l^^ 1°'' " ***" *°''** *° !* placed there, and how is it to be supported? i | -* J^'^**^""*'*** command the Ocean, we can command the iidand Lakes of •ur coiintiy— I }iave always been of the opinion that we ought to have built •? "?^ ■"°^** vessels on the Lakes as would have commanded them-^we i*W more interest in them than the British nation, and can build vesseb t^tij niiore convenience. If, however, there is no intention of the kiqd, wiit' eommunication must be abandoned unUl we take possession of the . •*TI(iB amy which Marches into the country myst open roads Mftgii *»^^»Me«>eM. and the supplies and provisions of whatever else,iiDi9^be neeesiit^Vmust pass by land through the state of Ohio. If the ^qjuest of .tiie panadas is the object of the government, they wiU then have an army jn a proper situation to commence the operations, and at the same Unte protect the defenceless inhabiUnts and control the Indians within ^^ **"^,V*y- The answer probably may be, it is more expedient to leave «he Michigan territory to it's fate, and direct the force to Montreal. thi» wilt prevent all communication by the St. Lawrence with Upper Canadf^ and it mwst of course surrender. In this expectation I think it probable there wtitild be a disappointment— if a force is not sent sufficient to oppose ^British force which may be collected at Amherstberg and it's vicinity, Weti^t, Mtchilimackinac and Chicaga must fall-- 1ft a|>pro^hing them by land you must pass through a wilderness filled with savages under British control, and devoted to British interest. The ' eolufequences of such an attempt may probably be best learned from the Uiitoiy of the campaign in that very country conducted by Gens. Harm^^ St. Clair and Wayne. In Upper Canada they have a governor who is« Major Gen. in their army— who commands the regular troops, the militi* and the Indians— the whole force of the country is therefore combined under his command and may be directed to a single point without any collision. \* From the preceding state of facts and observations it must be appa- lent that forYDetroit and the settlements in it's neighbourhood— and like- wise Michiliiiackinac and CMcaga under present ctrcumstanees are in the ^ \ < J WM .-^..- ' -^X-Hr.- ;'].^?^ ■J:'U' j'ym 1 1: '■'?'« t f&Wtr of the Britith-oABd th*t their p««MHuon of them would hfdU tremely caUmitous to the United States. ^.d •« In the event of peace with England I am of opinion that the Mrtkgm fnmtier ou(ht to be better protected tlun it in at present in the igfvil^^of war— and the object bsiiig tlie reduction of theprovincet of fj^ptf in^ X4>«er Canada, I think it must be evident that the estabHdhmsnt «#mt turmy at tletroit, sufficient to defend that part of the country, eenti«l<^4|i« Indiana, and commence operations on the veckest poihte of deflMiWl%f the enemy, would be an incipieilt measure indispensably necessary^ ^VfllQi yespect to the other points of attack t shall make ifo obser^-atiiMM,' k* I probably shall have no ageticy ut them. In considering this suEJMl t Virie' endeavoured to divest myself of all local feeli^, and groundedny oMr* vationa and opinions on public considerations alone. ;!\( '# '" ' • '*'; <<^Wo things appear to me to be certain, one is that in the ^i^ifaf W«r« Will attempt to take possession of tlmt country, wit& 4 vier Canada Without opposition. ¥he naval force on the Lakes would in that event fall into our pcs8e8sion''^and we should obtain the command of ^t water* without the expense of building such a force. . . -'J- - ••« . ** The British cannot hold Upper Canada without the assiatantld of tlie Indians, and that assistance they cannot obtain if we have ah adciquate ibrce in the situation 1 have pointed out. *• There i» atwther consideration very important. It will do more W prevent a general Indian war, as far West, and beyond the Mi^isld^pi. thftti any o\het measure. The Indians cannot conduct a war wi^out tiie assis- tance of a civilized nation. « The firitish establishment at Amherstber^V>s the great emporium from which even the most distant Indians receive their supplies. A force at the point I mentioned would prevent all communication of tlie Indian's with that post— indeed sir, in every point of view in which Ae sabj^f. can be considered, it appeara to me of the first importaaccTto ad<»pttfa^ msidure.'* r I I Mi very Respectfully Your most ob't servant, - WM. HUUL. • , To tbia document i« annexed a copy of ft letter from me to the secretary at war, and the two documents are certified as authentic documents in the following words : ^' Copfy of the Original on file in the WarwOffiee." D. PARKER, Chief Clerk. Can it be supposed, aSUt this exposition of my views of what would b«* iheeneroy*.^ force and situation, tb^t I could ever have takgn the command \ i#8 »i|^4>(MH foarlbuMdred wgular troopa luid sixteen t^iulrea mUitidj ,ta «iict by means of such a force, without any aatiatunpc 9f toioptwtio^i^im- Kj«#»t«f a prdVtaw. a part only of which I M itprfesented at «»iM«faunr Wky thmuand inhahitants ? That | epu}d »Wf,w»te»»pUtc4 i»*tU«k tn 'mtMmy.htvmg at ifa disposal • body of MgMlvr tiqMip^,!!!* tjMttVol "ov^caoatteis savages, and the groat advantage of the xmwnifKiAtjtJbe ■iAkea and w«ten^ This memorial was received and i^iproved by the S«»verinteht. This in itsfelf is proof of their adoption of ita aentimenta-4uid ,tllilt it was their opinion as well as mine, tltat in the event of a^tvar, such an »rai|jr«swaaput undw my command could do i^>thing (^enivc, without Wf I^^MVal force on tiae upper- l^es~-and without » co-^^teratioa on ^^BNnrpifta of tftc enemi<^s tmritoapi which should Ai»V^\ l^ attention and prejrei>t his bringing the g|%test weig^t of his pow^ on a;>i£le poinj. T A%V:i||kys after I was i|||x>inted to thf^JMUnand of the I^a fmjn I Planted pother memorial to the Hi^^n^ ^^^^i^P^de- ^paft9e9t,|f» which I was oxplicit as to what^^t 1^ expeete^MV^^ f» ibrce aal was to lead-** to the neqjjiityof reinfbrcementfc pf ££|. smimding t|e L»kes-and the necessity of a co^)perati«n in wtlier qmataw. »|y draft of tl^is memorial I have loit in the way w)tich I«h»U IwMiifter e?pl%. T^exiatence of the origima mUf* gen^n) D^inSip V^ .J^M^^jii. who in his answer to the #t^ ^Tt^iJSSrSS . ^resiled id him, says : " I have a perfect reisoUect^on of yo^ hnyinf nM^^t^ Ihemcpiiorial reftrred to in the interrogatori«*^I.re«faiect ibe adjdi* yowr «Jt«id«ice by appointment at the war ofcc^the nemoriaVer that put ^ il^lW:^ related to t|^val defenc«^«^Uke Brie. wa. referrfcd or com- JUtt^io^tCit to the secnSary of the navy, who w^s present-The hrir Adams, which had been employed as a tran^rt, utider diwction of the ,VWd<*«li»«»»t^ became the sjjbject of «oi;v«rsf(tiQQ^whethw Ae wis t^^ ^Kep on Jfte stocks repairing) actually transferred to the #ar d«|»rt» me!it|donoidiBtinctljrrecoUect>-if U}At was the Caae^ the evidenceia on record." V i«»,.this piemorud, or a ijopy of it 1 hav^ wm heeu able to obtain. I, V« •pplied for it to the secaetary of wajy-He referred ne to die kcm. 4iry of t^iiavyr-the secretaiy rtT the navy to Mr. ]]iaIk»> . ' ttat in answer to my letter, I received a letter firom the chief eterk'l* tlHi-wiiroflne, dited Febroaty 13, 1814— with a oertificate ftom ths Chiet* i eteric in the naVy det»ailMent. The lettti ftbm the war office is in A«r following words : * ' J Wam Onici, Feb. 13, 1814. Sin, '■I ■ W- Ymir letter of Uie 1st inst. addteited to tiie Pi'MSd^ df the United Slates baa been t^ilcrriA to me-^In answer to which I Site tlic honour to state, tliat kll ^our communHStions J> the War departijfAHit afie^ yota li^Bu; appointed Brig. Geik in the army, wre been transmitt^ to^i^. 9. Jiidge Advo«|||d^ the court n#tia1 n^ settutg'ht Altiany, syich others w you had required asllr as th^coiildbc we filai of thUi iNBoe. T|ie public rdcordi of Jiaperk 'of the wat'' it have been cfmstantly'^thin iiiy obsertatton and cliarye for ievtetal ye^ past; and t Assoi-e you^ Sir, I haV^ never seen or heard of <* a ihi^dr piHnting out the neeetisity of * navy on Lake Erie. Since the receipt of your letter t have carefUUy examined the files and enquired of evel7 gentleman attached t& W uweaf :. "!I?;? *•• iwmoMal, I c«i novonly i^t Vn «>y ownieelftm. tionn, ,«adt 1 thlnk-whsR l,m In tJii^ p^ipaner deprived of ,the ;hMr«mQf «1^- •fi:"^"^'"™^ «.4id?«tiiiai^>p,,e.^^ molt Explicit and strongeBt term., of tb*.. ^craai^ dT our haviii!*. ^^ fiiree'«ip«rior to theeiie«iyQi»tfcp;Iak«f, andthatwithaijrt it, i|M|>«rte8» Ai^artij^rwaitftcojnmMd wa. atStengUrtned by addition- 1« it. nwh«i». «nd antei. it were fetioiw^ihy detachment, tovkiep op«i tb^^^aami^ ttiHi, aitd l^fi it»a^ipliea.fttonOhioi.and uiUeaa it,»«i mippqrtodhy,gi». *|i«!WtiDnriil^ther ,maiiM^init(Nflf atllMf«^ iMch teaa eaii7 on offen«if# oi>e»tion» in tb««ne«iy7« c^mtj^.. That aiuft vtwe the i%w and sentiinenta of the goycmm^ntr'a* to W ox|»dltioo, as we» as my own, and tliat I was not expected to do im mk protect Deti^ and t&at qnarter, and to keep ii» awe 4he lodww, wtU further ^pew from thcftcts »nd4o(5uro^t8 4o which I ahaUnw - tponAissul^ect, Ibegtotutnthe attc^^ of the court" to the. W* mony of General Porter. It wiU prove not obJ^ how pressing! was. «i the subject of a naval force witjhi 0'<; Secfeta^ics,; but with the PfCfidimt l^^. self. The deposition of Captain- Charles S^^ward of the Mfy,^,f.Utes, t|^at at an interview he had Wit^ the Secretary of fte ^^aw, in tj^p if^nning of #v" give him the eomnuni on the Lake^-Uuit a iwvtl Ibice auperior t* tltoW Bvttlih OS the Uket, kid htan itronrljr lufged by Qenend Hall, ii tmwt^M ■■<.•• i etetaM aieMftiir«Marin|r to the ittlny aoecais. •; • 4'-. w •tOm-' IhcftheeoorttwitttMittMitiiitheMatftted, thet I luA tlrm^'mt^ The int iMtevnrhklil reteifrcd |Wm the Secretary of Wef Mlw Im^Nx ♦ JMiiMihMt,.Mi%hieh k,dMed.fh«lth of AprU« iMt^d^eeritHi. thtffcffvi vbMkwae H^he iihder «iy toMnaad , the de>Witr^ of itself I jNMiaiili^ ^ iMiM^lMhide ei|idte«tiaA i|^|Ml^1uve boen intend Ot hvMiri^ evcov > " < af that fcey^ W .'«edopt yich mmmtt with the cMefrof th^^ iHlhlnvAtiiifhftt^ py jttdfnKent, epfiew to1lil%e«li«it||>^ tetheftecceel^thccbuntfy.'' , ., -l.£g — ^totttirK^iehl Mccincd from the war depurtmnit, dcted«hct inhf^Joafe^. and.«rhkh vrwijliillvi^red to iii«,on the a6th of the «*•' «**kh-*I iwdiwetM t»|»iiniia nf ^aprOh t4 ■>!» ^ '<^hi«h MhMMmnoed toiM the war. give, me the T' "Mli l[ ««»•. JWWd tepiwseed M'U«t'j*A.yf l|iq« arnyr I ionmiade^WmlmiM^ «adttt|i«t(JAtt(i<<:' «tt«tUiU^r It ^rbtthr r----- ll'llll ' I diaclwioit to purtufr Mk^^i^ •utet, ai I ni|fht have judged m^idtoMidlu. Witih «n a#|in« «6ttp«tM#t W^^tttte'iw' iiiV«ifij J#1«ittjy»<^pf^4Heto Aiilhei*^ r^HftJbHS trtiltwo s but ])e«i«|l «riii the p^ sitlfotJbi^Wi.' ^fcrawiS'' 1W ««f'^*fittee'df p|«««ilai^tlUi ta*itorj» andhihaiiitai^ti^rMfclil^, anc^ .Wf(irt>!ljirlrti«wthi iMdlMi tribe*.' -■" ■ ■ ■ ^ ■"•, • " . ■ • ^^, ■ ■•' i*, v-..-. ./ '^«*r««at'lt^*|»j^1« «hi«md,.|h«t I do not pretend tl^at H wa> Mt to«c «««ifl»«»^'t|«t'fh»^irtny | «f«i ^l»W,iilfed41Ufji|Jiiii ^ajig*p,j,^ »gfaf^a$ would ui a |p«»t '!i^i' *** **^**'' ^ ''****'^*^ ^^ *^ Pepretary at war, is dated the Mth ^^mm^^ipoii tliJitf^^tfuM^t hMi^bepOM(Mt itfea'iad klndhtiiB nugreAt theMth reated'tb rcesttffi* ic'eived a Ivef ts to I^^Ukiar pOHeukMor Maiden , butnotM if he suppoied I had the power !Lfj ll*".^l*" "•* *"""** **^*»*«'»P*. »"»«•• »he force under my com- ■MBM, aliouM be equal to the enterprite i nor ankn I eoukl do It consii t* CB^WiUi the aafety of my own post*. 1V«Mttion which it it thouylit neceMaiy to communicate to me hy this !««». to lie limited in my usut^e. of protection to the Canadian., «id Urn >»««^ttat It confeya me that an adequate force emmot be relied upon VH!!?** - otthtttKtaf* potts below, it evidence that my army waa pa^ tbM^t mimeient to mainuin ittelf in the enemy'a country without at. pirtaQBc AUkl eo-operaUon. Iftltty lette? to the Secretary at war of the 9th of July, 18l»-wl.icli it in pnewer.to tbat 1 have last mentioned, in which I am told that I am 'author, tetd tt^oownence effensive opQratfons, lexpretsed in the most e»lici( t»mt ar^ opinion of the inadequacy of my force to the only offcuii«S||w. AUon whlcfi could be undertaken from that qnarteiwRfy worda ari#«rke Britiih command the water and the aavage»-l do not think the force Ws equal to Oie reduction of Amherttberg-you mutt not therefore be too •Wuner , I bejf the Court to remark that thia letter waa written imme- *^ W4y Wival at Detroit, and a few daya before I pasted into €t»| l | t M 9ff»il»W before I had any knowledge of the faU of Miebilhnaeki. imc-^ event whkh hacT to decisive »n influence on my subaequent Of the lOth of July 1 wrote two letter* to the Seeretaty at war, both on the ati^^ ofprovitiona for the army-f mentioned to him in the first that , , ,. - ;-/ There h(as been read by the Judge Advocate a letter from tbe Segiretaigr'*. at war to me, dated the Ist of August This letter I never recmvedlfiMt. however shewn *m> less on tluLt account how necessary it was Ihoughtiitiit a decisiott should be made in fitvor of the army I conunanded. I ibtttSk^ e±-'' tract irdm it the followinf^ parajfraph. , . \ **||nf.ae aeth July your letten of the Vth a.nd ibth weniinicldicd io/ -**^u<»10earborn,wilh a copy of mine to you ofthe :*'^lh«, aceothpiu^id wid^"" "*^ that he would make a deei^idn in your faviyur.' iTiIe \^en«nAr ^ received this letter at Albany, % the mail of this eveii|fi|j'* jour's of tlie 39th is ihciosedix) him, with an instruction to ma^ ^ ^venion, at Hi^^^ara ud Kingstcm as soon as practicable." In another letter from the Fecretary of war of the Jst of August, he ac'., knowledges the reefeipt o; i.n ixociAmation to the (Janadians. 1 now rsfe^." te that proclamation ma*elyto direct the attentionof tha Court, to that pvt| in which t say "that the force I cnmmandea vas but the vanguard pf a.muj^-. j^ater^— 4 do this to shew ihe confidence I thien had that the corps I po^- inanded was to be iciitforced aud supplied. On thfi 20th of August the Secretaiy of war addxetMcd^ f.,lcit(i^ f^ v which I did not receive — ^but from whicn I here^quote a paiptfr^h po ^l^fiffit how necessary he thought co-operation was for my supporW-^^^iragntpik^ Jain the following words— ^Orders have been given to CfCWDml UeaH^om-^" attack the enemy's posts at Niagara and Kingston as soon jif may bk.-;{mic^ « tlcable. Our force at Niagarat according to C«n^«l lJeai!b«M»'« :«i6Cf>BttV'!' vill amov. . to iwenty>four hundrerl->-and he will notify you of mctiiikHMr^ii niei>^ and opeiiitions as he may order." ,. »;,;., ,4- : ,,; it Ih from these documents which have all been introduce^JttyUie fudge :> Advocal^e, ti^at I pTOve whati have undertook to dof-rthat When | took v^fta^ mandcf the north western army, it was understood by the A(Nl|inlistration^ ^ as well as by myself, that in the event rfa wai- with Grest Briti^ my fort^"" was tu be augmented— that my -^ommunicaticoi with the State 6f Ohio #fts * to be preserved by troops from that quarter— that the L^es^ere t»^''^ commanded by us—and that my operations were to bt facilitated by 4^1$. ^ ions OK tlii tistration, "' my fatte k Ohto^as* ideration I on their •Wticni'i'4^ ^i3^"**' *^ *^' «ncmy*« Countfy-unleM it be admitted th»t there wl* liMaf'#itlk the possession of ao greater territory than his trovM I ii^w$fq}iMt.the Court before I proceed to the consideraticn of other ^^tt^le^^pdnlge mc with the repetition of a remark which^i#«oiieecnary ftr tiie itdderstanding the subseqorat parts of my defimoe, tiMi f am anidMia if* in^MS i%oii their minds. It is that f hoa|^ as I have saitf, and I t|Mt I ^y^ P^I^.^H .WAS understood both by the Administratitm and hf-'^^^i^ H^tUiel^ vhich I commanded would not in all events hi case of ||il>W » MmJiNitent to the invasioii and conquest of Canad«~yet both the ofitem o{ tbtefiHeci^fiiotrenunent and myself did contemplate that ineer^evmts Itnif^t^tfHbtfeearmy which I led subdue the enemy's posts in the I^il>ep Canada-It w|s <;«)iitemp)ated and believed ttut diere would be a ve«y ff^netal {{eftctton of lli#, Iidiabitants of that Provimse— and thai, mmy «#? them wmM rrrange ^temielves under the American Standard—and it w«» ^tm ivmfxIlfU^Mhm^ that it would be possible for me to drav •^Mihteintfoaidifkftheftaviges. • Ifriwil 1 landed in Cuii^ &d prtsvbuuly to the fall of Miehaimaekinac; there wv eWiy reMHm to believa that these ezpecta^ons wduld be realiaed. Vmjm^iMiaRti^Apf^ of which the esiemjr W notice about tiie 2nd of At^gtfi^ f iiad ibum^wuttg^m hme» of success whidh I bad expressed in my mii«rnti«^ or at least such a demonstration of force against •thi»..paif|B iif the enemy's territories, as would prevent his directing all his em9||w.ti» ti^ pobit where I mi|^t meet him— But it unfortunately hap. yei)ed|ba.| none of these expectations were fulfilled. ITie eifects of these disappointments will afterwards be considered. Ti^Q^vt th^ adjourned to m«et to morrow morning at eleven o'clock, fFednes<^monu«ff, March IStitlHli. -*. -It .^1. ««^Md Hull ap^jctrod in Court: Capt. H. F Huirs affidavit read by 40 itenenl HuU then proceeded to read bis defence as folloirs t I ipv aiaiune my Tlii^icativa of the measures frtiich form tl inmt featuces ill n^ accusation ; that is to say <&» |Wil t\timbfi to satisfy the impatience of my o^eers, and p^amo ttie cmfidenfi^/^liigy^^ army, which, expressions gf discontent w^ 4ike)y, to, «npairr*I«^b(^ command the streights, and thereby preyent tli^^(|imy finro se»^9;«^V cqtps to their northern posts, or carrying on .|J»iei»p2 hoped, by establishing myself at Sandwich, to faGititate /tnd incjrca^e ^, defection to the British Standard, which had manitested itself aotCHag t^^ , inhabitants Mid militia, and their Indian allies. I^y views in taking popt in tlie enemy's Tigp-itory, nre expressed in my lexers to the Scci«tM»)r of War- Sir, my letter of the 9tii of July, I had as I haye above ra(;ntlQned tdWlbjm ' I thought my force incompetent to attack Maiden. In my letter of the ISth, Writtenfrom Sandwich, I say " Iconsidcr the possession of thit bank asWi^ly . important->.by erecting one or two Batteries opposite the fiatieries at IJe- ■ tfoit, the river will be completely commanded. In the rear of ti^e aiifhy oh the JUrlTM'f river. Lake St. CUttr, and the river Le French, is a populorce 1 could command when i crossed into Cwuda^it's i|ature, and the probable force and strength of the enemy. to^ftvciy auge of this trial, I have felt as a great misfortune, the want *^|hatdocupei|tory evidence, which might be expected fi|im met. This aris^ from th^ loss^Pf .^rfacket Which sailed frointhe Miami^-and ftoia. the more recent loss ot all my baggage, and most of my papei^ When I lfft,^tr^t » prisoner, 1 left my baggage with n^ daughter Mrs, Hick- i9|i^ %^,,5?^ried>to my house by faer. Sihe soon after embarked in the- «f«ny*'*''^'"'t Erie. On her arrival there, she was per. rf** J5 ^ *** fi*ffia<»e, leavihg her own and my bagagge on board the hrJ3&;,tT?hc same night the brig was taken by Commodore BUiot, n- Ukm.y the enemy iW burnt, witii all my baggage on board. Thi. losa.ofcmy doeumants, has left the witnesses who tesfified against me, to ' sppckort manywportant points, f5pom estimation and conjecture-and !S* !S^** *^"'^ themselves of the liberty, so as always to make AuJ'^S^**'' '*'"*' *"*°"^^ ''^ ™*"* "ff*""* njc-I shall myself be t?*? ?? !f •f^»''<'^n««l'er8 from conjecture and estimate-but when J?^: - I^T ^ P'^"*'"* *•* *^« «°«t *be- data on which my cjntiiHAtes wer6 Igonded. ' ^or^ssupi the Brigade ^fa}o^, says, that we moved into Canada !? S*? *"■ *"^*^" ^'"^^'•"^ men-now neither the Michigan Legion, ^ »r the M.eh.gan militia crossed with the army into Canada, Ld bes^es- , there wpre, as the court will recoUect has been testified by several of the wunesses. aportwn of the Ohio volunteers who; refused to cross, this •n^her^'aii about. 180. Major Jessup further testifies, « That some tane^^rl^ m A«g^, a.few days previous to leaving Canada, he was caU- 6d y a^9uncil of wai- to eiplain a report of brigade, and that theits were tiien a«h^ hundred effective men in Canada and at Jtfetr^t. The SJS" ^"^^I'^^'i '^^ the 1800, but th.i Michigan toilitia, v^M:lm!^ "^^ ^^l '^'° '^'^•'"«f="ff *<* *^« ^''^^- »t this time, in. i.udini^alUhat were ether M'ithm^in Canndn,,or at Detroit, and indud. 6 M ing the Lcg^ion, liow could 16 or 18 hundred have deotatd.iHiihij^i^ At the time that this report of Major Jessup's was made, we had lpf|.|nut few of the troops that had crossed, and from the amount which he gives of the whole forces at that time, to ascertain what was the munbjer; that crossed, must be deducted the Michigan Legion and the Ohio volonte^ that reftise^ ^o^pa&s the river. Thb willleave an amount much shorter the sixteen ot eigh^n' hundred, with which Majoi^ Jessup says we |Muii-' ed into Canada. The court will reniember jAai by a muster-roll and return, made at foj^t Findly on the 26th of June, which has been exhibited by the Judge A4T9* cate, the whole force whi^Qiit I then had under my opmihand, fimoun^d J* 1,950. I was obliged to ISare detachmenis at M'Arth'tur^s bj^tpfc hpusiK^^t ibrt Findly and at the Miami. There were aboutifbrty^wilids taken is the vfcssel that sailed from the Miami. I left sonle >sic]K atthle rirer;llai- ain|andthe whole force with which I arrived at Octrfrit, I an conyin^, did iMt exceed 1500 men— and I am confident, that the force with which I passed into Canada, did not elCeed fourteen hundred.. What {miportioaof the militia which I had M^th me at Sandwich would have been ejIFect^e to lead against'lhe enemy, the court may judge from general experience. ^4 Majo^ Van Horn has testified that when detaclcnieRts Were ordered, it was always found that not more thari two thirds of therComn^and p;F1tig,]^ai|den. I cannot conceive that these declarations could prove me giiU^y^ if ll^ ^^^' ciures without them, would not have been so I do not see, that tj^ can in any way be made the test of the propriety or ifnpropriety of tli^- course I pursued. It would be hard indeed, if every general were to be judged ci;lmtha], who did not acomplish «f2 the intentions he may have avowed. 43 'JTiu* would be a rule, which I presume, there are nai^ gtneraii woukl not oiWMitt to establish. If it were adopted, no change of circumstancet would Justify the relinquishment of a design once formed. ; 1 think, when it is considered under whet circumstances my procUsnatimi Wl^ pub}iahed| it will not be thought just to adduce it as evidence againat 'iiiilE^' on this occasion. I was then in an enemy's country, the inhabitahtif of Wh|Bh were sufficient, independent of his regular force, which was esUUish- ^tt'flei^'^me, and of his In^Qan allies, to overwhelm the army I commanded. I had no prospect of even maintaining myself, much less of making cott' ' quests, unless I could induce a great portion of those inhabitants to for- sal^e his standard. It was incumbent on me to use all. means to deprivQ 'him of aid fn»D the sMrage tribes. I knew that these two objects could '^ianly b« efiected by r^esenting myself as hoiitig the ulmost confidence ' in 'Uiefijree I commaisded, and thkt it was able to overcome all opposition. With' these views I published the proclamation. And indeed the force I - tomdunded would have n xeach of instant support from thence. The fort at Maiden I vas well acquainted with. .J^» time pjff^ace I had oitenbecii in it li^^w that it was capable o^being made a pla'c^pf strength, and that in conteliaplation of a war, the ArilQsh far.S(^gif tiinE>, had been using great exertions to put it in the best possib)«i,J9tate of de. fence. I knew for Mar twenty years a field oiBcer had cbminanded^ and «bout an hundred ^ffular tj»op$ had constantly been stationed init, and that there alwaysjiad been a r^(#ir corps of British artillejcy atlfi^ch^ u> ■the command. The ^uesti9n was« whether tiie txQpps I Ijad lu^der a|w command, so f^v of whom had eyeit been trlei^ I was to attempi to cwfy this fortress with the bayonet ? i»«|pr myself i)i||Kularly, when I q^ ed what would have been the consequences dllM iuun^ipcessful attempt, 1 had a strong conviction that it would be wrong to, malcc^ the eilfoi^^ u^til we could have the advantage of heavy artillery, iut l|iding that many of •my officers who had seen no sQirrice, we^ ^^patieht at, ^lay, and^iUne dcstroyuig my influence with the army, and its discipline, fey ttieip complaints and censures— for their satisfaction, and jmt tor ngr ow«, nor for my ^» justification, two days after I crossed, that is,, on tl)ie l4th of .^uly, I called a council of war, in which it ^as decided that no attempt ought to be made on Maiden, without the heavy ariillery. My utmost exertions were then U!ied to get in readiness the two tW;^nty-four ppunde:^ and two howitzers \«hich were at Detroit. Carriages were to be inadc for them entirely new.' Though a delay in these preparations is; one pf the charges made again&t ^ne, npt a witnesq has attempted to supporVit. In-. ^eed, gentlemen, I daro appeal to every olticer who was with me, and who is willing tp speak the truth, whether I'did not use all possible ^eans, and make all personal exertion to accomplish as speedily as possj- Bie this desirable cb^sct ! s£V£r^ times crossed IHa rlv^ Ktve^li^ ifi itt- (peft Mi(l hasten tb« artii^ers. I ordered plank to be tak^n <>tw ^^^ MiiiM'is^tirnuih a neeegiuy part of the nuteriab fer tlie ^ cwrU^s. <^9t. Dilliba in bis second ezantina^on ■totet, that he rtceired an cnder *MVnf$reiUl,t^ fomer^, tknr the amjr had ctMMd toCanada^^e 'iMifhi i««Mioh the 15th or ISth of Juljr. My rtttoUeetkNi ia <(!hat the <>#d» feaa ghne on the I4tb, that U, the day after we eioaied, and on the 'vtniy daj^fhattiiecouQcaofwar adriaed that the attack shcMld notbe i*»4b WftbOQt %» heavy cannon. Prom that tine it ia rtot preteiided theie "Wm any delay in fi^aringthein for service, and could aot have been, with- •iit the hm dt the officer who was tnuted with the aenrice. Until we. «to»tis| to ^dwi^ the artificers l^ere en^kyed, as appears by the testi- mihftit tbi sikme Witness, in mounting the gtms of fort Detroit I beg the cd»lrt »t0tomiWi the testimony of Col. MUler on this point. He sayv he ««wn0wa«t>f exiirtion in preparing the artilleiy. The nepeasary field irtilfc*y ^faj^not* pnpared until the rth of August. Two days pievi- ouat«i'«aiiil1ttd' called another council. The membera determhied it W«»iild Iw idsriaeaUe to wait two days for the artillety, and if it was not ■^f* f*|*dyitfie atticlt ought to be inade without it I did not concur in ^s dpinldn. Indifcd, the opinion of the officers in this and the fiarmtt' . ^?!"!*^'^ ^PP^^*^ *o m^ inconsistent. For if, according t« the decided tip^ion of thelhfst eouneS, it was then improper to make the attack with- ^dot^heavy^nlnance, why was it nbt aa uecciitfiity, when the last men^ tldned couneil iwt ? And If it were proper to wiiit two days for the artil- tery^ according to the opikioh' of ^e hut council, why wak it not prt^iev tbwiii longer? It;;inay be «aid that between the first and aecmid couneil, the c^tehfjr'if ■ fdrce had dUodnishea by desertion. No doubt H had as to 'nunilNilfa%tit thatth^ rc^ar fbite (of which not an mdividual had desert- ed) uid th^ reniaihing militia. Was sufficient to man it Indeed, zehi- forcemeiitii had mived i^m fort Geoi^, both in the brig Hunter and one dther vessel. At |^ couneil I found that nothmg would satisfy my offi- cers or the army, ^t jk mpvenie^t towards the enemy. I felt mjrself oUig- ed' to yield to tlie advice of the council, and did, as Gen. Cass has testifiev!^ , declared that l would lefcd the alrmy agipnst Maiden, as soon as the heavy artillery should be completed. My opinion wail: that an attempt on Maiden should never be made until there was an absolute c jrtainty of success; This opinion waa founded not only on considerations, which I shall hereafter mention, but upon the order I had received froin the war department in the Secretary's letter of the 24th of Jufte, which I have so often quoted— and by which I was Erected not to attack Midden, unless I judged my force was equal to the enterprise, nor unleiss^l could do it consistently with the safety of my own posts. I thought by delay, I Was every day strengthening the probability of success in the enterprize— because the force of the enemy was daily diminishing by the^desertion of his militia and Indians." |(ntJJ9iouglittnyseIfbound to delay} till Ihadpossvssedmvselfofevei^ m poatible mtMUoTciuuriiicr raecetSifroi^a eoiuidcmtioA of wb«t wm|4)^ tbe consequence! of » defeat , .^ Tlie army would hvn been destroyed, if not by the top«lu^I( ^jp» IndtaiM— iJieymutt after a defeat have periahed for want olf iu|^|A^f« ^ A defeat woHld liave been the signal for all the hordes of 8ayag«| in'i^ surrounding wilderness, to fall upon the onsuootssful troops, l^crypiih would have b^en filled with those remorseless warrionH*-Btlt]^ was wit<^ the fate of th« amy thktt anticipated on such an event-^tb^ bornHM tltat it WQuld let loose on the neighbouring eountry and throughwijpfar^tf?!'' •ive borders, were presented to my mind. I knew that if th^. jpipy Lonn* manded were beaten in battle, there would be nothing to resti^^p tl^^ lif*^* ges of that |Mrt of our enemy, which, when a battle is deei4|)^^|Dt^i^|ffl- vour, makes the vanquished and their defenceless countiy and pt^^thcu^ prey.— In the ungenerous letter which ColonnlCMs wrote to t|^ <|(Hrefn- ment, (and which as I think, was most unwarrantab^ pvi^isbiifdv' fcie seems to think, that these ar^ philanthropic considcratiom,; ust^jl^y a soldier. But sir, though brought up in the field, and thoiigh I ^t^m*t£«' 'ffifie 'tlwt accounts were received of that event, there were no more oif their militia came over to us. I had also heeti informed of the ar- rivai ojTthe iBritishteol. Prbctor at Maiden, and it was goierally, believed that ^e had brou^t with him some reinfol^eements, as well naval as milita- ry. To the enemy's naval force I had nothing to oppose. ^ it, the enemif m^t 6i)fihtnaiid the Lake— obtain his supplies without the least in- .'tjir^«|^|^^^'W|nspb^ his troops at pleasure— ibrce ofCanadiins and Indians were colkcted at fort wiuian, n«||h^' descend th« l a kes and that there was also * force of theaame dflie^|ptl«#< collected at the outlet of Li^ Superior. I was further informed tviUtd-^ i teiwnt Itanb. that Iminediately after the surrender of MiehilfnMcidMM^g'^ wWch Wtta on the 18th of Juljr, the British commander had sent aii (}i|ftcs«' to Little York, and itwaa supposed that on the returtiofthe ezptWsai^^ the forces which had been coUefcted and were coHecting in the'noiiiM'* togioiu, would be ordered to Maiden, the death of Lieut. Ilanki a«|ili^<' me of the benefit of his testimoiqr. Bat this is sufficiently suppH^dH^''^ evidence of Mr. Stone and Doctor Day, genUemen who were at MkilQIlmilif^ inac when it suRuidercd, and who accompanied Lieut Hanks id % Blif*« quarters at Sandwich— and Dr. Day was present when Lieut. UiOiuikgi^'^ the communication to me. it may be said that Uu» information omi a^^ to have had any influetice upon my conduct, becatwe the nocthetlflii^iic' ' couldpot,andinfactdidhotarri*einagreatlengthofUme. .i^' - I presume that no testimony is wSsnting to prove to this couMi' thit ftM»<^ ' the points where they were collected, they might have de^cem^ ^ a |^# days. The savages of our cduhtry have an advantage of all otlierd«abe& v the celerity and facility with which they make these movementrt-JSiit'^ too were to be added by the means of the Korth.\(?^ <»ttipi*vi%lifcfci^. were particularly adapted to tnmpportation f«>m theirtture orSr*«»r upon the waters of the kkes. > i ^J^ri.,* As to the fact that the northern savages did not attire at'^^Odg* ri,i«8«e ed at Detroit 24 days after the capitulation-that the SastoliiikiiduiHs'' « wj^about 60 warrior, arrived three days after the surreE^t^' MichUimackmc Indians, with about eleven or twelve hundred wartiS^ arrived about the lOth or 11th of September. "f""^^ It may be WeU to remark here, how formidable this force proved t6 be althoughit wasbutasmall porUonofthatwhicUwouidhave S^lj . Detmitbeensurrendered-But can it be concluded that this force S uot have armed earlier, had not intelligence of the fall of my 4rmv reaT^ them,wh.chitmusthavedone,afewdaysaftertheeventb^S wS information of so many adverse ch-cumstances had reachedSmlt vious quarters, the fate of my army appeared l^^t.^V tdlL" Trate te^rr'T'T^'J"' either seemed to me almo^lZ- perate alternative. I must either advance or i-ctrcat. IP i i,.;i »ut tftat I ought to have adopted the former expedient T ur« „Ki „ iT consider the effect a ret«at' would have in myorlmp^^ tejwthfttWM not immediately before thetf e^M ; %hd ibotirtt «htf. IJMMtotthey were very brmre , but who, with . few exceptions, do not know 222". day. from «iy trial, of their counige-who dcpiied .It pm '355*: ■"? *'*™*''* *" gBnerU.bip c6n.i.ted in incortgaferate and W»Jggjdv«,ce., I jknew well, wo„ld puf.ue the conduct which ^SST^iu . ^ fcprwenUnp a retreat a. proceeding froiil i tfc^^-M^uriworthy and unju.tifiabie motirel, de.troy the efficiency ' t^^jLjr^^' ^ "*'»'>"'«? me of if. confidence. The Cabals which ^»^fm to .uch a heiglit a. to mature a plan of mutiny, in which my flSf Sfto. ''T ^'^ ^ ^^"^ "'"^ '^•^"■•* '=°"'<^ '«'» •»« «"tirely conceafel ftj|MW,^though, mui I sawr the confc.ion publi.hed to the world by OM ^,*||!^con.pirator«, I did not know the extent of their deign J&^ circumatances, dangerous a. the attempt dn Maiden «p. P«|t^^ me to be, I thought it might be lea. M than a retreat. I determin. "Jb^Jj^Maldejv-and on the 6th of Au^.t, i.sued order, to havo «*«ffi'li*IWte5pared for the movement of the army oh the 3th j and feenUe- ^f*ym » >«> P»" of my conduct^ since t have been a .oldier, that i ttMmm^ jrith M much .elf conviction of error, a. 1 do upon thw | look back i, and infested every part of the road which was not prot^ted by itti iilMMi ftnte. From the Miami to Detroit, a distance of 72 mileij, thetiio|d runs so n$ar the waters of Lake Erie and of the Streights, that theibnemy having the command of these waters, could with the greatest fkcili^ ttfttiipmi ftom their shore, and from one point to another, detach^' ?iQt^ to intereefititho communication. Their vessels tod. Would always aflfbrd tbtfln * seeuJK^ retreat in case of disaster. There were in the whole ML-hig«n terHieiy less than 5000 white inhabitants, about 2000 of whom wiete »ettied'"«l<^g the U^troit river, llie soil, though fertile, was but little ctiltSli^ r the inhabitants greatly leiying for their support upon the supplier ^bf^sh and venison, wfiich the -*oods and waters afforded. The territory haa nerftr furnished suificieni jptovjicas for it's own inhabitants. There KH»' anira- ally, as appears fror (.ha > stin^rsny before yon. larirR nuflmtitiea of P^rk J;, tad beef bfomrht ia from the ittte of Ohio. «td notwithiUndinf tb« tMti i^j of «,me of the witne.«... i ...ert. that, .t the time the .rniy wm in ^quarter, they comU not h... uken the necemry «„pplie. ««,m th« JWW17, fbr any length of time, without dittiessing the inh.bitMnu. It if* J?1**"****'' ***** ***" '" *'"** o'P««".*e fc* troop, who wcr» «^««e4 at Detroit, were fed by supplies from Ohio. The country u.-.: ■MWj^lniuftcient provitiont for an army, or there could have been no ne- ♦ttgtHbr ftirnJahlng G. Harrison from the western sUtes at the iminenae t2SS* ^ **'' '"PP"" ^'^^ ''o**- '»'*»« teitimony of Gen. M* Arthur mm iomc evidence of the sUte of the cointry in respect to provisions, m mtd that from ti»p morning of the 14th ef August when he marched f™** ®^ ^*™'* *''^ ' detachment, until the 16th, when they met with And Wnted ai. ^s ma c .. -), of near 30 miles; he saw nothing that wa< Jtod at muB. except some unripe com and some honey. The opposite •r^^ *^ **** •^"'"^v were not more productive in supplies. The whole of »h* co^ u • ^ bordering on the strelghu and on the f.a](e is a wildemeNb fXfC|,c ^e setUement at \mherstberg and a veiy thin population on the bai^ks of the Detroit river, and a small place on Lake Erie, known by the n^ of the New Settlement. Above, on^ the river French, at about the *»•»««» .^f'^y mile«. w the most fruitf»a «od valual)le part of the comary. * ' ■ . . ■. i- »of MiphiUmackinac, when 1u?l!LT*J***^^ '"•*'•"" »'«»*°'«ho«tile. and were let loose upon •^.StS^**'*':'"^*'*"*''*"^' " 'PP**" ^y *^* '«"'" «><'Mr. MTCent- 4S15»2Sl?*^.?' *•**? ""«»«~«» wtainers ; and when the naviga- ^^ther«|j^ig^l„Qfthp^,^„I^„ ,^,^ free to the enemy, no «?!l^ '*°********^ oh^ined fron, the river French, or the borderinir- c-CfipBtey. It am^ bet««Miriced that from the time the army arrived at Dc- .mitt not one poBtad of prvriaions htd been received-r-from the moment the 4e«lamtion of war.FM known to the enemy, he had intercepted the only ^ofAmBupiiQi}ciiyoB,«ndthu9 cut off all supplies. I^q>IKW« fhm « return made on the' day the army arrive4 at Detroit and whiph ianumUofied in the minutes of a councU of war, held on the 9tb ' th«tt)terewefi^th$i!^i]DLS%)re ' 135,000 Bations of Flout^ i^)(^ 70«^ lUtions of Meat. ; Tiup.^tofik, as it Wa« never repljepjsh^d, must hfive been proportionably exha»' JtH^ attli* ume of the retreat fyom Canada, and at the time of the final A^iur«iid«rt «nd indeed would have been entirely so, had we not drawn. ittfpr M«:ei?(mld, our supplies from the country j which every day became ,th«.jfl|M» ajrippcd, and the less able to afford them. ' A m^^ n»a^ to ipe by the contractor on the 2ith of July, shews liot .qpljrllm quantity of provisions on hand at that date, but it shews, by a com- |Nuw9ii,with a return of the 9th of the same roontit, the rate at which the liroriatons were consumed. • ,^, j„.„,,^ 3,5^ rca« III cvjucncc; u iS as JOMOWS^ ^.^royisions oa hwd at Fort Detroit, 2SXh July, 1812." Q« 'fOfGOO lUtwns Flour, 31,000 salted Meat, 100,000 WbiBkey. ^t has teen said l»y Generals Cass and M'Artl.ur, au4 by other wiUjeBM^I*- that ti^y never 'teard complaints of a want of prdvUions'-thtn is cefti^j?;* ixar : there was not, previoiuly to the surrender, an actual want or deite^l. cy of previsions ; our stoies Avere not then entirely exhausted, but there mm a certainty that they vo^id soon be so. Such then was my situation when I determired tr retreat from Cwi|d«;: 1 had above me hordes of hostile savages ; I hitd below, an enemy in a fer> ' ti-esst which I believed to be a work of Ptrength, and sufficiently maniied fot iti defence ! Ifound that he bad lee.i left at liberty to augment Liri l^i^ by drawing his troops from all other point?, f ct mmanded rui arniy; tKe* troops of which (except a few regulars of the 4th regimant) had tHle^ie. Heiice, and had never heen tried ; and this army vas officered by «teni^tbfti chieSfofwhomhadnot hesitated to express, in the most indeed*' t«iM^ his want 6t confidence in me. 1 was told that I must not expert ai^ctN operation or ass irtiance. t saw that my provisions would he soon exhtostcd and that neither my own nor the enemy's country would aflMl mmtdet ft* any length of tiine : I saw that my only communication WMl»utj0ii^|im(i' unless Jt were opened, the army would be subdued b - v»/U 3 MB' i 'Inder these circumstances I determined to recross the irifeiv ■t'^-^ho principal part of the army, riot with an intent, as I J^yrr ^i^dt^ t^-^^|;ijig|,j^ the citterprize against Maiden and the upper provider, ifc^t-qto'^i%>a Cooperation and assistalice, which might afibrd iftara fiitn^t^iihi^i^ yy^gj^i^ffti^ and in the mean time, which J. considered a duty of;flie mat Unxtpttfoce to' open the communication by which I could obtain suppKes^/^ i^^ita^lijoTi Maiden ^as an alternative, which as I have sai^, pw^esil^ ,its^|Ci to j^ mi?id, it Was one v/hich I had the most powerful mdwcenierite*pjiuiwt} J *ell knew what rewards of hono? and glory awaite4 an achievemenii^icli ray coimtry bad been led to expect, with so much certainty ttiaflxiejtyj, J knew what were the expectatiojhs of my officers, and what releht^ent 11 disappointment would create ; I knew a retrogade mo\xii»en!t woul^ expose me to censure, and to the malice of my enemies, dut. in delitierating on this alternative, I could not but take into view the poisibjlity of a defeat in the attempt, and the consequences which, as lliave before mentioned, would result, not only to the army, but to the people of the Territbiy. A Wore de- cisive consideration however, induced me to reject'this alternative ; I then felt confident, and I do now feel most confident, that ifthad attacked MiU den, and had been successful, it would have l)een biit' jiliseiess w*jte of* blood. It would have' been utterly impossible to have «iaU»tkiiied the fer- tress, it npust have fallen for want of supplies. It must be t^Membbi-etiibat \he waters of the Lakes vi'ere shut against us. There coiiS! ha«^ 1)^«h no possib'' communication with the fortress, but by the road which 1 had- idut tht ough the wilderness. How was that road to be kept c^en f Most prdba. bly, after an engagement, or after carrying the works by storm, I eoold lave ^aken into Maiden but a few hundred men. > , ,, ., ^^•"im. without crossuig the water, and on that the British had a force, bft r k!^ had nothing to oppose. If we had possessed the fort, it would ^^|)epf» J Tessed by the North.West company and its retainers from the ^Sr^* WAtljali the hosts of Savages of those regions. A British force no HW^ir«Wdhave approached it from Lake Ontario by the Biver La French— «atts,,rirter it would have been attacked by the naval force— and aU this It must hare encountered without the posaibUity of obtaining supplies, and witbptttthe least prospef ,t of relief or assistance. - «fjii4|r«ieitt, Mr. Prr.flident, may misleadme now, as it did then— but yet ■ V^ *T ^^ *** ^ ^"^ »™y ' commanded to the conquest of Maiden ^>:4aclf*i»uin8taflee8 as I have stated, it would have been as great « «ratte as iflny of irhichi am accused. *^«^!tt I ito that islwdd have wanted that consciousness of havm^ ?~'*'®?°****!*'*°^"«'« *"* according to my bestjudgment.-hichhas prtM^trtE^Oon^^ ^H-!^^"fT***« "^atcd, and as I think the testimony proves, that the fcrtuy tod tibtpr^foioM for any length of time-and that neither my own ^ae«'remJ:'scotmtry could have been capable of furnishing them-I 1^ **^.^ **^*?VtK3 members of thU tribunal, how important it waste '*^**«**^1* open the road I had made Jwoughthe wilderness— tlie only cdiftmunicaUott b/n^ich suppUes could approach me. , *" "^'S^'J ^#« th« fiwt great object of each contending party, is the re«6urces of Hi? en^my. The fate of armies is found to depend upon the «bur.duncc of their resources j on their security, and on the facility of keep, ipg up a cominunication with them. ^ It hwbecpnie a principle to maneuver in such a manner as to cover the fPW from wheiKje supplies may be drawn— not to go far from them but :**#jSr«?tp«'»tion-*nd never to cease preserving v/ith them those con." .ejections in which the strength of an army coasists, and on which its strengtli depends. The« ai<8the sentiments of a modem military writer ofgreali cpWwity-. .Tbe experience of all military movements in latter times prove 'theus.corpectness. I always fe't the force of them. It was agreat violation «f these principles, and therefore, as I coiisidered, a great mistake, to march fie. army I commanded, after the wa.-had commenced, to Detroit-leaving a BrStiah ];eeC<^. Miller tlwiq^ht necessary I have already stated. If these gentlemoi were«orre<:t oQithU point, my army could not have been inaprop^ sitii*tioarfWbieai.I>nMii^ have stretehed back with nearly half, and the most efficient part df iny fcommand to insure me supplies. It must be recollected alio cihst it.wiift not a temporary detachment tliat would have answered any fwrpon^* , 1 must have kept always separated from the atn^ a sufficient (i^Cf^e to huve kept open tbe road from Detroit to Ohio^ 4i,4^titpce ^ about '^"0 miles. I do not believe that after the fall (^ MichUiiaacicinac^ when &e savag^es became arrayed against us and infested every part of the tbnii my whol^ force would have been sufficient to have protected aoear- tenslve a line. These, gentlemen, were the grounds on which linade a retrogade more* ment widi a part of the army to Detroit. It was, frpm thence to opoitte only channel through which it could derive the mMtti».of eadsterice. I repeat, my judgment may have misled me— if it did, itoontinueB yet %» mislead me — for every day that I have lived I have become more con^klent that I did right to leave the Enemy's country. Had I fallowed fke dictates of my own judgment I should have made my retreat to the Minniy and there waited for co-operation and assistance. ;> '^ i.;^ i. The distance from thence to the Ohio would have beea comparatively short, and I should have had no enemy in my rear but scattering savage^^ and he could not then have availed himself of the great advantage he: d6> rived from the command of tlie waters. For the reason that 1 did no^di) sjL ' Ipt me appeal to the testimony of the two officers next in commaod. When I pitposed this measure to Col. C«m, his tMmr waa, that if I did, under the then existing circumstances, every man of the Ohio volunteert *J«uld leave me. His knguage was in substance, as he sUtes it himself— %»t the volunteers would retreat with me. if they thought a Ktreat necesl "•Wy: but as they undertook to judge that it was not then necessary, they would leave me, and not a man would retreat under my command. Co*. Cws's testimony on this subject is in the following words- '• I recol- •iect » conversation with Gen. Hull, after the retreat from Canada, and he. fore we went to the River Raisin, in which Gen. HuU suggested, that as ho hefrd of no co-operation from below, it might be necessary to take post »C flje Miami. I think I told Gen. Hull that ii; under existing circumst«»ces, he took such a step, the Ohio militia w»uld desert him to a man. Whether I tcld Urn. Hull so or not, I am confident it would have been the caie » K may be well to remark, that this testimony of Col. Cass's is evidence of the msubordmation that was among the troops. By whom and by what meami It hadlieen encouraged, the court may judge. Upon this part of the sub- ject, that IS to say the retreat from Canada, I have but a few moro «^rds to say. 1 retreated for the purpose of being enabled to take effective measures for opening my communication. The importance 6f aeoraplishinjf thb design, I have endeavoured to shew. But it seema that the govfemmcht;, or whoever it may have been that drew the charge* th»t ate no#1)efo*ts you, were also sensible of this importance; for one «f the accusattons that I am to answer is, that I did not keep open thi» OOHfUUaieationr and yet the measure I took to accomplish this object, an< ivhidhwat the only measure that afforded, any prospect of success, thatt te tasajriwithdriwing the army from Canada, is also made the ground of teri*teitj«i.v 1 bejp the court to notice that these reasons for the retreat, are such as I assigned for it at the time as well as now. For the evidence of this t sefer tci my letters to the Secretary of war of the 4th and 8th of August. >ly letter to Governor Scott of the 9th of August, and my letters to Go- vernor Meigs and Col. WeUs of the 11th of August. AU these shew that I abandoned Canada, because I had ascertained that I would soon be sur- rounded by an overwelming force ; because my communication, if I re- mained where I was, would inevitably be cut off; and because Ifbun^ 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 atat^ had declared against one of the most powerful nations on earth. The surrender of the fortress of Detroit and of the forces in the Michi- ^territory under my command, is another charge against which I am now to defend myself. I heg the court to observe, that the course I am pursuing is to examine in the first instance, the propriety or necessity of these prioeipal measures. The circumstances attending their accom- plishment, being ground of distinct accusation, 1 propose to give them distinct d)nsideration. — — ..... po,r,t .,„ r,«i-ji2 i am iiuw aooux to maEe my Uefence, I must beg the coim tfl husv in minA ivhat I have said in relation to the de-' -md^ lay in attacking Muldeii, and to recrossing the river~]niich of Wiiat f have iaid upon these subjects will be applicable to the charge now^ undei' consideration. The same facta are reiterated in the specifications in aoi many different forms, that it is difficult to analyse them, and might maybe absolutely necessary to make mgaijt\ Clearly undj^rstood. ; ,{ ,, The extent and st^te of the force ilndcr my command, at the t-me of the attack on the 15th and 16th of AUgitst, must be ascertained before so^, tondaet can b6 dtily appreciated. , , ^, ^' The detachments tinder Cols. M'Arthur and Cass, consisting pf,*^ af tfie liiost efleetive men of their regiments^ vrerc absent on tipiiJE e^JJfdi- tioh to the river Raisin. . /«,,v On the morning of the 16th the Brigade Major J^esaup, aa ap|:teu»|ijf his tross examination, had, by my orders made a report of the, effef>t»re iben under my Command. He stated the number ii» appears by a>4oc|i- Inent hefbre you, in the three Ohio regiments, to be 700, iacladiRg tbt i/lichigftn l>gion and waggoDers-^but not the., MiChiglfi idlititb. - The ahned inhabitants whi6h sujne of the witnesses httve fiieati^ed» i ptesimM Were not intended to be mc^<;^ded« and inde«i should not h^^liftfen' For/ ^though it may have been agreeable to tlie dispositldb ok mhu^if^iua» testified in this cause to mention them here,- that they iliiyightl^tiQlaay Mini ben in ^e eyes of Hie court— yet, I believe it will not be t%i(>^t thatAt. 6ught to have taken them inlo calculation, in estimating inyineiuitf^ deience^ In the field they were only likely to be the firsjt to set lia «iBf ample of disorder, and in a siege they would only hiM ittcreased tfatt t^tiak sumption of provisions. t ' ; ., Major Jessup says, that On the 15th he received an estimate fcom ohBo^ Ihe adjutants of the number of men lit for duty. He thii^tf it exceeded one thousand. This estimate was not deliyettd to me-^iit was given^-tlf <3en. Cas^ the day after the battle, but (or trhat purpose does not appear! ttt'iah Gen. Cass had produced it on this occasion. Of the iOOQ, if there were so many effective, only 320 were regulars— that being Ma f{» ftielling'*' elitimate of the effective force of the 4th regt. oh the day Of the aunrender. The rent of this 1000, were comprized of the Ohio volunteers and Michi-' gan militia. In my letters to the Government, and piy official account of the unfortunate termination of the expedition Under my command, i have always spoken of the zeal and bravery of these trOops in termtf of respect^ and I still think they merited all I liave said of them in these respects ; j-et in estimating their probable services in an ai-duous conflict, I eoiUd not but eonsider their real character. My experience in the revolutionary war bad ixed in my mind a distrust of tlie services of undisciplined militia, hower*, er ardent and valorous they might by language, and even by actions, when ; not before the enemy, make themselves appear. Indeed the organization Ot'' the YnllitiA P.tyrn$ I Ka/I with tPjS V/&B 'H^rtl^ularl? C^l^-'l-''t'^d ^'^ ^^T'^ff^ A^ii. trust -witfe respect to them All their officers held their commissions in virtue of an election m^H- My second in command. Col. M'Arthur has nr«.fi.o».i u- * .- 'filing you that at such a time he was eleL^ CoTonei:^^^^ "^ «kct«d MujoiwMr M'Cormic was elected a Lie»UenltlSLlh.f ^^ """ What oc,„p.« ,,^^^ ^.^,_^ ^^^ eiec;rd rhr;h:mt^ r^^^^^^^ l^c^l^T kT'' '"" '°"^^^" ^'^^^ -t-^»ta„dinff all S^l'exnti ^r«^>Zo^' "If '^'"' «-v have not yet leam'ed militarril •^^onl^^ "'** "'"• P™'^''-^' ^'•'^ P*--" o^ their fiLcn 'fieii. M'Arthur in describing the disposition he intended to mat. nf k- yS" '"* "'*" **^'='^' ^P"'^^' - he would ofTe IJ o^a '^^^^ tii« &r!f 7 . ^^^ *"'*'"''=^ °* * datachment,as they would ot ^^n^r.Z "^''''?■'~''^• «'«<=*«'! officer, c^ never'be calcu SXinTurXn 7'""'"r- '--'y^t-tion the elected will be un- t^tL^tSft** ;^^^^^^^^ ' ■'"'^^^' '^'^ -»«ft- l>e found i»cZIl«!w -Jr .t' *™''''^'*y*"*^'^0"" which are toUllv Wccmpatible With military discinlino ti,» ^ .i. . •*■" "re toiauy I lueir own teelmgs m mtercourse with their superiors. h..^Z^Zttm: t""''' "'* -hat confidence the officers who , ^■Z:t'jT^:; !:::r;rtfeirTdre%r-^-\^- ' thought that, when a council of w^ wa, c^led Tw.- t h '''™ *" '"" able elucidatonnridl/or^r'f ^t ^-horne is a remark- seems to think that ll^ZtyTLl "V. "" " '''^ "^P"^- «" cat^fulto -certain Jc^S^^^et^^^^ "^^^-^ tK6ughi as it turned out. I had omitC to UAh . V'^'" P''^^'"' ' whose opinidnkcoincided witkmy own ^' '"*' "' ' ^^"*^'^'"- Mr. Piteiident. my Ideas of a council of war are that if ;« . ii w . vise the responsible ofiicer as to ««„ „ . ^f, that it is called to ad- to subwit to its members that L^ Tf! ? '"^''^' ^' '^'"^ '^^"^ P'"?^^' liberation ci^urtTnces ^ 11 admr* '"^^^'^--^h. with what de- thatafteraHheisbr;r;l:X^;rrc:^^^^^^^^ ment. be the opinions of his officers .vh».l,., 1. * ? •'"'^^"■ advice of a council will not in all ..7""- "Tr "'"Y""^'"^' inasmuch as th« 8 . . *■ S8 by a intjority of yotes. These are considerations xrhich I thliik it necetsary to impress strongly upon the minds cf the court It unfortunately happened that on most questions which I submitted to the deliberation of aqr officer^ their opinions and mine *d not coincide— and maiqr of the wk. nesses seem to think that therefore they must be condemned— But sucfh a principal will not, I hope, be adopted by this court. The decisions of the coanciu should have had the less influence, because it must be recollected that I could not, with the exception only of the officers of the 4th reg. etSA for the advice of a^y one, who had seen the least service or had the least experience s for, though most of the witnesses who have been produced on the part of the government have appeared with the titles and badge* of high military rank— yet, it is certain tfiat most of these genttemenj when they joined my army, knew no more of the duties of a soldier than was to be learned from militia musters and parades about their own home*. What services they may have since performed to entitle them to the hon- ours they have atta'med I am ignorant— and only hope that their ekivat^ r*ik (as it ou^ht to be presumed it was not ifiteMded it should) t^ffl not give them any other weight than they would have had, if they had re- mained in their fortfaer subordinate stations until they had given 'thtir testimony against me. These observations are made in reference to the principal part of the troops I had under my command— and ti» shew th«t. although, as men, they might be trave and patriiatiCj a«rb«ve •iway*'M«e«d they were, and as I have always spokeribbth 6f theofficei*«id s6J\^. Gen. M'Arthur) represents that he addressed to mc irhen 1 proposed to him to remain with his regiment at Sandwich. Let it be rcmembereid too that the'Brijf. Gen. has stated, that when we were in the face of the enemy, and he might hourly have expected to be called to battle, he used this language, with an expectation that he would be arrest- ed : with an expectation that at such a moment he would be put in a situ- ttion that he could hot^ be called upon to uit his sword. Briy. Gen- M'Arthur has said that these expressions were extorted from him by insin- uations of cowardice. I meant no such insinuation. His declaration that he felt his single self able to carry the fortress at Sandwich against any farrison, left no room to doubt his own good opinion of his prowess. When Gen. M'Arthiu- addressed such language to me, I had never seen any thinf that would have warranted such an insinuation as he conceives I inade. But if any thing would justify an impeachment of that officer's courage, it would be such conduct at such a time. It m.iy be thought that 1 ought to have arrested Gen. M'Ai-thur. It is not one of the charges. Bgaiitst me that i did not— and therefore I shall not digress further from the course of my defence, than to say the peculiarity of my situation alone prevented my doing it. If I had taken such a step, I have no doubt his men who had elected him a Colonel, would have turned their arms against me« with Rs much alacrity as ihcy prtfeated to use them against the enemy. I nighty and 1 believe I stiould have had a civil war in my camp. But to ' Ihew \i1iat wa» the disposltiou of my officers towards me, 1 have only to irefer the court oaiDe more to Col. Cass's (now JBriff. Gen. Cast't) letter toi goviemeient of the XOth of September, in which he states that he, and '•■ "^ttiS* had formed a conspiracy to wreet the command from me. Whether "'^''^sWiWi or was npt, ft treasonable design, is not for me to determine. '- JMft illuit confidence could I place in officers, whose conduct had beea ' :Mdh lA thef themselves have described. j-i khdWi Mir. President, that my letters to fhe Secretaly at war, and my '(bfl^eital^iicceimt of the surrender, may be appealed to on this subject. I %iih tiley m^ he. What 1 have written of the volunteers and their officers ■ it jU8t-ii^and what I yet say, they were brave zealous men. It is my pride t]bat in the very hour of misfortune, I had the magnanimity to giv# ttiiiii all tiie 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 s^ iDu6h censure. Would Sir, that I could liave observed a little of the same spirit in my Accusers ! that they had been willing to take some sliare of the blame that " ii justly due to them ! and tJiat they had not, in the triumph of their own salvation on my depression, represented with the most unch^iritable bitter* hcss a man whose smiles they once courted. I must be pai*doned, Mr. President, for yielding to tny feelings iti these digressions. iiJ have stated to you the numbers, nature and situation of the forte which Jhad to oppose to the enemy. I shall now state what force he brought or might bring against me. I say, Gentlemen, miffht bring^-'he' cause it was that consideration which induced tile surrender, and not the fnrcr SA'hicli was actually landed on the Araei-lcan shore vn tiuie morning of 60 lite Ifitii. It is possible that I mlg^t have met and repelled that foree--Hkti one third were regfulars and the rest militia and volunteers. The number of Indians he could not ascertain. As he was goingf Urhis lodgings, after having satisfied himself about the >Vhite force, he saw he says some huB«- drcd and fifty Indians in array. He does admit, however, that there were aomc more on the back of the town, killinpr horses and stealing catUei But it is very evident that Major Snelling, as well as other witnesses, meant to convey to the court an impression that they considtrifd the Indian foPce» very insignificant, both as to numbers and effect. And yet it is veryextr»<*; ordinary that when my conduct would be censurable in proportion as th* Indian force in tiie power of the British might be Considered nnmerouB an* effective, their numbers and powers arc augmented— I am charged with h»,v-> ing sent out too small a detachment under Major Van Home. To pitnro that I did so the Major has teslified that according to the infoi-mation he received, there were 300 Indians crossed from the British aide, the day his' party was routed. It is necessary, to heighten my criminality,' that in one instance the British Indian force should appear to be very small and veipy insignificant, and in the other veiy numerous and very formidable. It ii •well known however, that all the Savages in that quarter had^ imm^iateljr after the fall of Michilimackinac, joined the British. I had had in cdithcU, between tlie 14lh and 20th of July the chiefs of nine nations, whose' wu^^ riors amounted to between two and three thousand or more. Ts'it not ei*'- tremcly improbable, tliat with a large force of tliis "nature at their disposal^'' the British should have employed but a small part of it in their enterptiec' ^ against Detroit ? Is it not rather to be presumed that, in an tindei*taking ill which tliey must have been very ambitious of success, they would haVe employed all their disposable force, whether white or red? Tiie force brought against me I am Very confident was not less than on^ thousandwhites, and at least as many savage warriors. • • , But it was not only against this force on our own shores I was to defend itiysclf — their Batteries from Sandwich were effectually co'operating with ' them — and their ships of war were ready to lend tliem assistance in the moment of attack, to cover their retreat, and to afford them shelter incase of defeat. If the British landed at Spring^vells were not much more numerous than my own troops, I knew they must liave a powerful force in reserve, which they could bring to operate upon me, either by crossing t^m above the town of Detroit, or by transporting tliem in their ships to tiat point — and rhus attack tlie fort on all sides, and place my army between tlieir fire. I should not however have yielded to all these considerations, had the warl v.'ss Ciirrvin'^ on been o!!]^" a^'aiiist civilized men. In that case, those onlv M lio v,c>:^ in ll:e contest would have suffered. But i knew how sanguinary 61 aftd remorseless the sava^s would be, should my army be subdued uai the troops be obliged to yield. The whole country would have been delug- ed with the blofid of its inhabitants.— Neither women nor children would have been spared. The large detachment which was out under the command of Colonels M'Arthur and Cass, of which I could g^t no intelligence, and the detach' ment under Captain Brush at the Kiver Raisin, would, most probably, have been the victims of savage fury, which is always excited by battle, and ren- dered more sangfuinary by victory. Those uppearcd to me the certain an^ dreadful consequences of unsuccessful resistance. If after a conflict, I should have beenable for that time to have repulsed the enemy, I might have purchased fame, and have avoided all I have suffer- ed and what I now suffer, in being obliged thus at my time of life to vindi- cate my honour and plead my cause before you. But at what price should I have done this ? How many of the lives of the brave men I commanded vrould it have cost .' How many of the persons who now appear to witness against me might I not have sacrificed ? It might indeed, Mr. President, have given me an honourable grave, and if mine were the only life concerned, I wiali it bad been so, rather than that the foul crimes of which I am accused, should be coupled with a name to which my country of late as well as here' tofbre, has acknowledged some obligations. But I had rather even that this should be, and I would rather stand be^ fojFf ybu apcused as I am, than have uselessly and wantonly sacrificed a sin^ life, tliough it should have ensured me immortal fame. If the attack of the enemy had been repelled, our triumph would have been but temporary. My numbers must have been diminished by loss in battle. They would have daily lessened by the cannon of the enemy, frorai t^e oppo|ite shore. The force ofth.e enemy, augmented as it was by rein- forcements under Col. Proctor, Major Chambers^atid \he commmander in chief. Gen. Brock, would have been daily augmenting. The force from Michilimackinac and St. Joseph's which would have amounted to several thousand savage warriors-the savages, with the addition of some hundred white men mentioned in the intercepted letter of Mr. M'Kenzie,collectedatfort William, would in a few days have descended oipon us—the Canadian militia had all returned to their allegiance — the en- emy's naval force and means of transportation on the lakes were augmented. There was no co-operation with my army from any quarter— the letters I had received from Generals H all and Porter had not only satisfied me that my expectations in this respect were disappointed, but that no diversion in my favour was soon to be expected. My army was in a corner, surround- ed by a wilderness of waters and a wilderness of woods— all communication with my country, either by land or water, cut off— my stores of provision and ammunition but suificieot for a short duration — add to all this that, at the moment of expected conflict, 1 received information that a part of my own troops had gone over to the enemy, and tliat a lai'gcr body were about w: Maoees, tli« array must have yielded in a little time, iiutwitlisUndiHg any temporary success-—! did not think I should be justifiable or even excusa" blc !f I risked a Battle when victory could purchase no real good ; and when the consequence of defeat, 6r even the consequences of being drivcM into the fort, would be to submit the whole country which I waa a«^t to protect, and that part of my force which was on detachment, to the rulh- Ifss ferocity of Savageit, armed with the horrors of those instrum<(pts at carnage and torture which are known to spare neither age orsex. From such a calamity I know a capitulation would be a protectipB. The British, if made master of the country, without fi battle, would \>» able to restrain their merciless allies, which they could n^tt do laft^r « cop- test, even if it should be only so far successful as to <4>Hge us tq ret|%^i into the fort. A savage will have blood for blouidy Ahpugh he draw it Irpm the veins of the defenceless. Victory only b«ight«iji0 .1)19 V^mPftQ U>tfs^ fbr blood. •ii't'.iiitti:'}Mi,u'. I offered a capitulation and surrendered. t • . " I Well knew the high responsibility of the menaurc, md take the whoUs of it upon myself. It was dictated byaacnsp of duty, a^d H A^U CQtV' victlon of it's expediency. If ought has taken i^M^durkig th^ campaign, which is honourable to the army, my officers are-ratitled to a large share of it. If the last act should, be disapproved^ no part of the Assure bek»^ to them." These, Sir, are the wotds oi tty official communicftiQn of this unhappy event to the Secretary of war. I repeat thtmrr-itwiu) *ir| « 8«iuib of duty which drove me to the measure. It WM ft MUsejQf wh»t| qw^A to the protection of the inhabitants of the territory I tiad- so loagjgOTBntnl.. . I felt myself bound to sacrificejevery privAte feeling* and, Wipite oftbeOk- selves, tosave from useless waste the Uooidof tb9 bintveiioeplciyaimaadedb :Soe, sir, will I conceal, that, in the midst of tiafitage liuji m|i^.emiu!4 battle, my parental feelings saw a dau^ter and her oR'iftis^, Wfr» vserc with me in the fort, bleeding under the tomiJiawk of the 9»v«ge) i , If these be considerations tmworthy of a soldier, then I am wlUioutitX' cuse— then indeed you may pronounce your utmost doom— ]But do notkit me transmit to my posterity a name t^umishedby the fool (sriae^i imputc4 tp me— I say I am as free from the sins of that black catalogue as aay-ppt Arho hears me— But if a propitiation be necessary, and it must be timxen- iiant of the life of a man whose country has heretofore acknowledged b^ claims to her gratitude— and who has not ceased to deserve it — Here is one: ihat I offer— I would freely part with it, if you will not time of the retreat and surrender, was very different from what it w6uM appear to have been from the testimony they have given before yoti.*— at kast the observation applies to Gen. Cass. t^x The testimony of Mr. Silliman (the (Senerals brotherJo-faw) of Mr, Mills, and of Mr. Converse his neighbour, proves that in letters writterfby Mm at the limes to which his testimony relates, he hwi different sfenti* arents from those be has here expressed. To. a Uttter mt. the 3d of August, en •t whieh time we were in fMiseaaiori of the «n«mj^s teiritofy uid xU the veaourcM that might be drawn from thence, Gtn. Csua tells Mr. SilUman, th»t provisions would become necessary for the existence Of the troops, in a letter to Mr. Silliman after the fall of Miehilimackinac, Gen. Cast says, that the impression made by the fajl of Miehilimackinac, coald scarcely be conceived. In the same, or some other letter, accord(ng|to the testimony of Mr. Silliman, Gen. Cass pressed him to use his inflaence to proetire reinforcements for the army, and expresses his surprise that we were lefl without co-operation—by putting^ to his correspondent tha fblldwmg interro^tion. " Is there nothing to be done in the lower end of the laical to make a d^ersion in our favour?" In a letter from Gen. Cms to tiie same gentleman, dated on the 12th of Auffttst, Gen. Cass says •' tiinnkour situation as l^ad as you may, it is still worse." It is most unfortunate for me that I have in the course of the prosectt' tion so often to feel the want of documents. I want to preve the contents of a memorial whleh wna filed on record in the war department— I ask for tile record and itisiosl. I am impeached for not having^ regularly issued orders to the irmy. The witnesses Who are to support this charge, prove ^t there were orderly bodks in which my orders were entered j but they l^lrtr«^ either- b^m loil^ ar,.-whtkt is more extraordinary, left at home. Capt • SfiCiOrmitf hM ais orderly liook~4>ilt, when he was called here as a witness, lK>leii! bb book behimi him. Other officers seem very unaccountably to ' ks«e'l9iM|[lit the order to ship the baggage at the Miami, included theif Oi!d«iy.books— and they have been lost by that jneaus. And now these kttm^Aem Gen. Cass to Mr. Sillimsin, the Contents of which it might be so hi|MrtMiit to me to eimtnst With the General's testimony, it appears, P^orftcatniilcd to Ute 6ener»I'k Wtfe—aad they too have been lost . Butj iX asktheeoUrt, do noteten the slender accounts which we hare hadof ttte eontehts of these letters, sliew that Gen. Cass, at the time thcy wcre written, did.believe that the army would be in Want of provisions P that reinfovcements were necessary f that the fall of Machinac was to have « decisive operation oh the fate of the army ? that our hopes rested on co< lOIMratioQs from below— and that the situation of the army was critical in' Ae <9ctreme MC these were Gen. Cass's sentiments when he wrote the let, terst<->-I must Ktttyc it to the court to reconcile them to the testimony he has given. ■': The coart>tiiim adjourned to m^et to morrow morning at 11 o'clock. Thurtdt^ morning', March 17th, 1814. ■ The court met put-suant to adjournment. Present all the Members. ' General Hull Appeared in Court, and proceeded to read his defence as follows. I now appeal with some confidence to this tribunal for their decision lipon the accusations which I have hitherto considered. Were either of the acts, to which the attention of the court has been aircctcd, in thcmaelves and abstracuadly considered, unjuttlifiabie; or ralh- fr, (and tiiis is tlic true ^ucsUon^) was either of them so manifestly wronf-, we e«tly, though it should now appear to the court that it was erroneously. If an act may Imve proceeded from pure intentions, it would be the ligipht of injtistico and misanthropy, to impute it to bad motives. I shall now proceed to make my defence a^^ainst tlic other accusfttioim : I nhall endeavour to arranpre them in the order of time, m wluch the fact% by the Hpecifications, are supposed to have occurred. Hitherto, IVf p President, my defence has ciucfly rested on documenUry evidence, or upon facts of general notoriety. As to all that follows, Uw feharpfcs depend entirely upon p.irole testimony. It seems extraordinary that there has not'becn a witness examined. on« the part of the prosecution, who has not been promoted since h«j wm un- der my command. A ^at majority of the younir gentlemen who have been called by the Judffe Advocate, have appeared decorated with their two epaulets— these have been bestowed, and sometimes with the augmentation of « sUr.upoa eentlemen who began their military career with my unfortunate campain. By what services many of these gentlemen have merited such rapid pro- motion,! have not learned; But if it .11 arises out of their achievement whdc under my command, I must say that it appears to m^, that mr •«- pedition was more prolific of promotion than any other unaucccsaCul miliU- ry enterprize I ever heard of. It cannot be that it has been intended to give a weight to the teatimony of those witnesses by giring them ranks and honours which they would not otherwise have had. But Sir , when my military character ud meM«ie» are to be tested by the opinions of Gentlemen, with high soindiW ti&., of m.liUry rank, I think it necessary to remind the court, that. witHthefcx: ception of a few of the younger officers, there are none of them who have not been promoted to their high stations, without having had any roilitiiry ex- penence-and without, so fkr as I have heard, e«r having discovered aiv" military talents or genius. • If the opinions of witnesses on military conduct, ought io any caa^s to be hstenedto (which I conceive ought not to be) yet. I thinltWie opirtiona of men of these descriptions, ought to be received with the greiteat caution The extraordinary promotions which the witnesses against iwii have i»n- erally attained, I think may be accounted for, by a recurrence to the facts of which this trial has afforded the most conclusive evidence-which ia-I that each of the witnesses, from the Generals to the youngest and lowest officer that has been called by the Judge Advocate, ia himtelf in his own opinion, at least, a Ifevo. " » wwn From General M'Arthur, who thought himself capable of fighting' a whAle garr,son down to the lowest rank, every officer seems to have the^ght that It he had been the commanding General-or if I had taken his advice-.alr ^ ^^;\V^'^7«»--"« ^««bt they have injustice themselves made thesa ■ ' •vv^vr,,n5mvui— aim uicir rauKs must be considei-c^ ' v! 1i? 6tf u » reward for Uic great thing, which they uid they would hm done »tfc. er than to have been acquicd by any actual aervicet. But, gentlemen, before I proceed lociamine the parole leatimpny. let me Jiai your attention to aoothcr aubjcct connected with it-I mean the inde- Jifiu "?"? *•*''■' ''*'^' '^'" '•^'" "" P"""'"*'' *"*1 ''^"P -Jive the ,no.t UteRU pKjudicea against me. Sir, I bilieve there never wa« a greater out- »fB committed on the ailminiatration ofju,tice, and toward, an indivldualJ I letter to tlie Government of the 10th of September. lliat aueh a letter should be published under the ..notion of the adminU- trat.0. agamat a man whom the administration was about to put upon trial ftHii.l.«jIbo,Mive.i.aproceedin>f of which no country on earth ha, be- y* aflbrdedtn example. That the administration should, under such ^lequmstanceB permit the pi blication of such a letter as General Cass's-^ ••letbat labour, to represent my conduct in the most odious point of view, «rt ««es pains to heighten the public resentment against me by a colourinir Which Colonel Caae could not know of his own knowledge was true, appear. to md to be a violation of every principle of j ustice. tJ^! ****?!? — P'****^ recollect that Colonel Cass and M'Arthur left Wrolt With the Detachment to the river Uaisin on the 14th ot August- WiAmmttUun to the fort i)ntil the evening of Uie 16th-of course they ?»«W oat kito^ of tMr own knowledge, what passed in Uie interim, ^perwn reading Colonel Cafta*. letter but would suppose he was an eye J™" "if} ^ ^^^ 't ^ impossible to discover that he was ab.ent in the ekpedition to the river RaUin-yet General Cass .tate., a. if it wa. « '!*.*?^.f **" ^ «*» knowledge, that when the troops received orders to rplrfcatinto the fbi;t~«one univertal burst of indignation was apparent tipontiH! mse.pt of thi» order.?* I beg to quote from this letter another paraph, to riiew wh«t waa theapifit with which it waa written The "**'g? ?^ itf publication I must leave the court to infer. •• totee tlpe whole of our men flushed with victory, eagerly awaiting the appwwhlng conteat-to kc them afterwards hopeless, dispirited, and des- pondiilMt least^ve hundred sliedding tears-because they were not allowed to meettheii»country'a foe, and to fight their country's battles ex. cited qensations which no American has ever before had." * Would not cvory oRe imagine that Colonel Cass was here describinr a •cene, which passed before hia own eye.. Did he actually see at least %e hundred m«m shedding tear»-or doe. the cottrt believe that this is a representation of a fact which reaJly occur- red. If it were so, it is extraordinary tliat not a witness has testified to it. Captain M'Commick say. he observed some men shedding tears-but this falU greatly short of General Cass's five hundred. But who were these weeping troops. It is not to be presumed that it was intended that we should believe they were the regidars— they are not commonly much given to weeping— they were not the Michigan militia, because a part of them dc»ertV(W-and the rest were disposed to go over to ikp en.my, rather tUun 9 m ifigfat him. The men ihflate4 description, was intendi^d to recommend himself to the Govem'linent,; by representing himself and his troops in the most favoi|xable point of vie^-<*' and me in the most unfavourable that even hyperbolical language WOvi^ admit. -, ■' Sir, these are not the only means that have been resorted: to, to exoi^ and keep, altve the popular clamour against nie— others of n^y <>ffi<9pr«, finding what favour the piiblication-of his letter gave him in the ey|» 9f,.t^ administration, halve seen that the same road of prefennent; Was open rtp, tliem— and the newspapers from one end of the continent ta the otiieii, hawe been filled with letters concerning me, expresaied in tenns, Arhieb neither truth, justice, or even the laws of. decorum can satetlDn. ]S^wn to this very time. Sir, the same system is puraued-KowAwhilei'IiamR been 'cio ,11^ trial, publications have appeared in the publie printi ofdtia cHyr cogi- mending the principal and leading witness for the BianHee i)i;«i4Mpc^^iga«e his testimony agninst me, that those who were to eodie aftei^ ^itn flsigbt ssd^9(iji)r($|«Katdd^^ AVho are they that thirst so for my blood, and; take tj^ese ^eana' tp Qi)tain it. Itis not the ostensible author of this performance-~his insigiiiH^nce, jM>4 t^e; Contemptible talents employed in the work, shew hip) to be too'ffieaiDto iiave a motive of bis own. I know not who may be the authors or instiga- tors of such outrages upon justice— if such tilings are permitted^ and can have any influence, then Hm aeakft ought to be torn from tlie hand of the figure which adorns the H(£il wherein yon sit. : She onght only tQbekft the sword, with which sh#|li decorate<^— and she ought to waive that as an emblem, that vengeance and not juatiipe, (s administered under this roof, But, gentlemen, for whatever purpoe^ these acts may have beenintendcd, I rely witli a perfect confidence that you will rise superior to them. m authority, it is on this account,, that the ^^3mtn^^^Wtiigt9tmmbeta always taken first. And it was on the ^*jmea«ooalit,as I^^ established, that witnesses •j«iTOld.V^CBin*tfsei«i*tely^th*t the younger might notbe influenced -J h« tettfiBfc««r by .«hat might be said by the superior. It would be :^oatriry t» e^|>e^eneeof the human disposition, to suppose that after a «ib*lten«li« heard, two w ihiee GenewU and officers of higher rank than fcim^tftestlfy5frt«^l,ose,uthoHtyhe is perhaps sutservient, or to whose '^ #oH lie wajrirtjre owed, dr expect to owe his nromotioh, he will be y"S ****"*^* what his superiors have said, or even to mate a re^ freae^bti^Whlqli^in vjiry from their's. , if oh toy ^, Si^ UiefweS^Iitof this sort 6^ influence could be felt on tWf tertjm0ny, thecoufse pursued oh this occasion Would give it the fair *£ IT: F*' *^* witnesses seem to have been arranged and pror'uced m TTf> '"***^*'^«7 ™"«^^ aecording to their rank (except Color.el Mil. ler) after the generals had been examined, then came the subordinate^. ne exception t» th« general iodtse a» to Colonel Mille.- struck me a. a .^Uti*.»,„Sular. Tdidnotknttw why he should have been exirtnined Hit ^S"T H^^"" '"^ '"Btest officer 6f die reg(ilar artoy vh). \^^^^^^ the campaign. He was with me during the w^to tm.*, *,d ha*the taost^timate knowledge of the transactions to wh^ TV^" ^"*'''^ '^^'^- ®"* ^»'*" ' «'""d «"»* Colonel mS ^^^^^Ti^^"^^"^ *'*"^' ^"^ «»* testimonySt. witnesie. vvbo^hod preceded him , and U.at he would hot support them in ^^^:^^^^^ n.lossS'.cot^^ ^.fcfc*»;--j«# -^« ,.i — i siian consider, is specified under the It is, in substance, that from the time I took Uie command,'i omitted t^ exercise, inspect, train, review and order the troops, I cannot believefui-' tlemen, that it will be necessary for me to say much on thip sidiject I did expect that if any part of my conduct could have escaped the cefliwe of my enemies, it would have been the manner in which I kdthe t>oops through the wilderness. When it is recollected^ what an extent ©f n^ it was necessary for me to cut j— that a great proportion of the inen wei^ constantly employed in this duty— that those who were not w, were moft * generally fatigued with their turn of this laborious servtce,<-H[ believci tlie court will think with Col. Miller, that there was neither time nor opportu- nity for that sort of discipline and exercise, which, tinder oth^r okvuin- stances, would have been proper. The coimnanduits of refpisents h»vc testified, that as to their respective commands, there mis nti omiasion «f what was their duty in this respect. The fault cbu^d tome,!* tlf^, that in the depths of t' e forest, through which We were marching, I 4id not call off my fatigi parties, guards and advances, and g»>tb«»«^ tilijs ceremonies of military parade.~And yet, m if ev*rjr thu% tfc«#t I cpttld have done, must, in the opinion of xny ofRoett, be 6onderane4-ngi^ ^njf- ' sions to have these parades, are not more severely censtuwd/^aa my eoR- duct has been for making sOme display of diie troopS) and n|kiMMiiilg!;thein in review, on some few otcasions, when I thouf^ It .tfas «plte4to the^eneral-andhe permitted them to form an order of btattte.-, I do not recollect tliat the General assisted in making the ^Mey. I think the fdun originated with Colonel Miller-I do not recol- lect thi* the ordW mutmemax^ submitted to General Hull, I presume ttew was Ml otdex^ :*b0o3^ as orders were issued." 6eneMlM^A>tfavr*s tustiiBony on this point is as follows—'* on the day %b passed th.:rl*er.I|*jsin, our march was about nine miles, and we en- camped near SWaa oreek. Bumima were among the inhabitants that we thouW be attoSske4 by Jhdians who were assembled at the Huron, about «i5t mites in ad^toce^-^Ryself and Colonel Pindlay called on the General ^ and stated tiiat some plan of battle ought to be agreed upon, in the SMTCh my tegiinent was :divided— a Battalion marched on each side of a»<«»4i in the rear of Colonels Findlay and Cass. I mentioned to the lOimttt^t^au sitoated, it was impossible for me to be with both my fe*.^iflni,Hidl wishedto be permitted, in case of attack, to form them •in«meHmi. *!» General thought it would be well enough to do so. 1 "iugnB«st«d the proprietyof my battalioha being so formed on the march hi l^lrearofUie regiments, as that in case of atUck, I might t-wins- my tegtment round, and form the rear line of a hollow square. The General gW* me hk permission to adopt tliis plan. I then left him. Whether J left Mlt«^un^^^gii»r'fv>itk AtmSf mtlifo n9t hnov." " Mij«t iiasup testifies that I issued orders on the march— that they were •|ene«i% J^t to him by one of my aids de camp— that he assembled the B^utanU and communicated to them my orders. He further stated that tiio «><;I«.>1/ uSfi^^rwM'ly'ivcix aut-i-cn«cret^d, w'as thaf which had been pursued by Gen. Wayne. I know nottitt%to thciebtftrai^*-^^ Col. Miller adds — «« of the Generals having been aflmbst Al^jiys, when xr^^ ■were on the march, in a situation to direct the'mdv«ttients of the trbbps— for the greatest part of the time the GeiJ. rode near nib infront— .soWet'imest he passed to the rear. Generally the amtjr eftftamped in a' hollow squire. After we apprehended danger, we commonly formed a breast work, an^ wiu camped Within it. By a general order each line was to fortM hi front of it* tents, if atUcked in camp. There was also s general otdbifiiritoTiirig out the troops by taps of the drum, proceeding from head quarters aldng tfe; lines. This method was practised, and this troops Were Calkd W anng eve- ry morning before dawn, by these signals." I believe, Gentlemen, that this is tlie wholeof the testimony oii this poiirt, which can be considered as of any importance. It CaBnot be disputed then but that tliere was an order of battle. But General CassV testimorty seetttf intended to leave an impression tliat the order did not originate whhijjc-i but that it was suggested by my officers < and adopted by them with mj' consent— without my having given myself much trouble abftut It. I cftn^ not but think that in tliis instance, there is .i display of the spirit, tvitH which much of the testimony has been given in this case. It seems to fttivl been determined that I shall net even share in the credit' of any tftlnfe that was done, that ought to have been done, my officers claim eVery thtijr Qiai is meritorious as their.s. ; > i General Cass says, he does not recollect whether I assisted in MaJtlh^ the order— or whether it was submitted to me after it was mad*. Thwl one of ih^ ire8« bis strong aversion to the surrender. I have surely great *e«W»i.^ regret tt»t Major Jessup's memory would not enable him to «t»t« wl»at, laaid, when it might have been so important to shew the mo- tirea,«rf,DBy «>o4uot^wl»le eyety thing that he said to me, which was cal- ftUlated to set,his own conduct in the most favourable point of view, made «o deep an impression on his mind, that he could undertake to relate the wryexptesaionshebad used, But to return to what respects, the order of. battle. , , general M' Arthur states that after, on his suggestion, he had settled ^ith me, how he v*a. to nuit^ his Reg. in caseof an attack— says--" 1 then leftt^e.Gcneral— wMher I left the other officers with him or not, I do not know,"; It appeara then, that this arrangement about the order of battle, was concluded in the presence of other officers— what others. General ^'A'^^'^F does not state. CoJ. Miller says he understood from conversa- tiona with me, what was to be the disposition of his corps in case of an at- fack., ;.^- ^ tJius jt appears thatCol. M^Arthur, Col, Cass, Col. Findlay and Col. MU- %^' ^W ^^^^ tiieywjre to do, if an^enemy was to approach us. What fowndation is there t||»en ftr a charge that no order of battle was made j^npWn .' If tjie subordinate officers were not instructed as to their duty in theeventofan attack, was it not the fault of these commandants of corps, and not ipine I Suppose ^erehftd been no written order of battle— but that after thp order gf piarph, which so nearly approached the order of battle, |)ad beeii fcrmed, J bad to inakp an expoauni of biti>to«w, in every orderly book in his army. If t|»ewiti»e8|e»y on whose opinions these charges and specifications, hav y« aid that thef nay often thereby g^tve their enemy an opporiimity of gahif iag information which he ought not to have. As to the order of battle at night ; it is proved by the l^tillboAy ofCo^. Miller that that was settled by a general order, which was milidlBt l^o«^'t6 all— and when the court considers what was the nature of oti^ liiMlif of marek— 4tow nearly it approached the only order of battle^ wbltek cotildlUKlf keen proper in the -marfare which we were to expect-^ow ftiitahtly ^ order of march was made the order of battle— and consider atao, tiiat I viM always at the head of the troops while they were on th« imirtfli^ a«h 'fiftp^ suaded the court will think there is no foundation ft* this ac«tt«|*ion-*# it has not originated in malice, it certainly han in ignorane6. I am ffftwHP ling to deUin the court longer on a charge, Vhieh in ; ofinwtt, ii sufficiently answered. But I know I ought not to plsC. M «•*#•■ dence in my own opinion, as not to avail myself of sssqf ti^ w^k ifeft' have an influence on the opinions of o^er9< I mttot tibeWfiWi^ *|i(l«i*'"to •ther testimony, which I believe, ought t* be COnelusivte «»^ «hii piMM. I mean my letters to the war departitteilt. linnse td whlehl*alllifef«rft«» this purpose, the court will recoUefet, were reid |ty the^Ju^ ttdv)iiWit«S. If 1 had offered them, they certainly WoiUd not have* 1«efrcOBil«l»iv* efidenc* in my favour— but when introduced oh thwfl : f* I had before stated that no alterations had been subsequent to the 4th of July for defence of the fort. Some few artificers immediately after thesarriral of Gen. Hull, w^it to work to repair and mount some heavy cannon on trucks, to be placed in the batteries on the banks of the river; and some repairs were made tp titree brass field, pieces, and a small quan- tity of ammunition was fixed for them— But no oi der was received to my knowledge, to prepare the heavy field artillery uniil after the army went to Canada. I have the orcUsr, and think it was dated on the 15th or 16th of itily.'* " . ■ . ..> •'. ; > 1 have already made some remarks on this testimony, and stated that the order was in fact giten tn the 14th of July:fiuntil that time the artificers had been otherwise employed. I will remitti the court here of the objection offered— and- which was over-rtried by the e9urt, to this mode of re-exam- iningsL witness. If to examine the witnesses in the presence of each other^ be fcdep^ure from the usages of courts Martial, it is certainly a much wider and more important, deviation from that usage, to call up a witness, and to allo\v him to make important alterations in his testimony, after he has been listening for days to the testimony of othtr witnesses. 1 now mark this irregularity, as I conceive it to be, for the sake of pre- senting it, as well as the fact of all the witnesses having been, pursuant to a determination of this court, examined in the presence of each other, totheattentiohof thehigh officer, who Im^ authority to review th^se pro- cftediftESi €ol«w*LMiller testifies that ife •• discovered no want of execu. tion, iit respect to preparing the heavy and light field artillery, after th<^ a,rnry arrived at Detroit." 1© H (kneral Taylor Bays—" I believe no time was lost innMp«n|UaQ»~tbn'; ber and some large wheels were got out." Again the iam'e vmieL says— . that he visited the artiacers every day, to hurry the preparations, wittr ^ers from General Hull—" and I must say, (adds the witbess) tKat Gen« es-al Hull shewed great anxiety in getting the artillery ready. I pray^ leave to make one remark on this language of General Taylor's, #hich t am aware may have tlje appearance of being hypocritical. But I beg thA indulgence of the court, 'till I have explained my reasons for noticing a circumstance apparently tiivial. Why should General Taytof preface his testimony of this fact in my favour, with the phrase **![ inust say." tt? seems, as if, to state any circumstance favourable to me, iw*a8 tl(|0 restilt of a compulsion, to which his mind unwillingly submitted. In this iristaAcis' he speaks like a penitent, whose conscience obliges him to make ^e ac» %nowIedgment of a feet, which his ii^clination Would prompt him to con- ceal. 1 had ^ right to expect^ that when the witnessfts could testify any thing in my favour, they would speak in the same unreserved language which they used, wlien they intended to e^ipose my misconduct. Upoiw most occasions, observations on circuiinstances apparently so lig^t, mighb not be proper or necessary. But Gentlemen, I beg you to recqllect, tbat^ the witnesses have undertaken to interpret my hokt—md have ^^atured> to infer from my countenancei from my appearance and manner what w*t, ^sing in my mind, and by what mfitivea I was actuated. They have J>,0^» besitated to express opinions, derived from no other indicationa—JwheQ^ they knew tbat these Qpinions might afiect my honour, an^ my life. 1%: cannot be improper then, liiat I should ask you to remark even the sligbtjsl, eat expression of a witness, which I may think will betray the dispositipu^ with which he testifies. It is with feluotance, that I attempt to impeach the testimony of any witness who has been called against me. I have beeix^ taught to venerate a soldier from my infancy. 1 know that the professiyn of arras generally adds lustre to the n\ost noble virtues. But I know that! men do not change their i^atures by becoming soldiers, nor by attaining, the most elevated ranlt ; and when they can reconcile it to themselves to* accuse me of cowardice, from a^earances so fallacioi^;' surely I. may! remark that expressions they fii^v^ Used, mdicate bias, partiality or pre ^, judice. Witliout 4etaining the qourt with a particiUar recapitulation of more of the evidence on this point, 1 shall wmtent myself with referring the court i to the very imporUnt and. decisive testiii^ony of Captain Dyson—to the testimony of Captain Bacon, and finally to the testimony of Mr. Watson-^ who says that after my arrival at Detroit, no man could have been, mom industrious and indefatigable than I was. Iproceed to » n*w subject, an4. shall now make my defence against the accusation, which i# inaubstanceij that! did not avail myself of the opportunity, whicJi the defeat of tha . 5neray, by Colonels Cass and M^, and their poss^ioncrf^Mbridge^U over the river aux Canards, on tlMghteenth of Julv^&j%dedj>f «^!n»i an attempt on Maiden j-and tl^t I di4 BQt n^wataia. p^ bridge- ' ' " „ r' ''\^ Hi 6^ «IJ« iification under the chafgt of unofficer-Uki - j»>« iam* Ac sixth ^nduct. ' ^e expoKlUon which I h.re already presented, of mv views and desipi. r/wi!T *°*^"»^«» would. I humbly conceive, afford a sufficient Sh!. «f *'" «««i»«tioh , I did not think it expedient to attacic Mnlden, WhritfT/'ST**"'*'''''^''''' "''*''^' T're ious to our leaving Canadiu WhfS. f ;?!& ****^'*"*' ' ''*^" "''•^^'^^ explained. The advanta^. IS-S^*^ '^'*^*'' be gained bv delay-a regard which mv orderti wmpeilert n»eft»|iftyto the securitv of mv own posts- the nece»,itv of SS?f " ""^ «Hnm«nicat!6n, the certain conseqiiences of defeat-and ^^ probable cowequence, of victol^^have all been considered in making aawe or even exeimhle,, i, deferring the attack on Maiden, 1 must be so «h*vmjr omitted to 4v«H myself of the possession of the brid?e~and in ^^T^"^ tortaint,.init.. it would have ^een absurd to hare te^Slli- r '" '' P"'* "►" *''^' '"^ "^^°"'=^ ""^^'"' 5t was with a view fc JSS'" ""T""'"! *" Maiden. Bui I he^ the court to advert to the ft^ll!?^ ^ t^ ''"* on the seventeenth as appears by my letter to ^rth ^ri ^" "'V''''«l»' 'lay after we moveSVnto CanadLrtilt S W '^'Il'^T. '""" "^ ^T'' "*^'^^" '" C«"'''»«. had uniformly resulted in IfouSrTi" V",??"*" *-* '''* ''"^"P* °" ^« enemy's fortress ^S.^T ^T"""^ "* ^'"•^"''^ '? which Colonel Cass himself; wappearsbythetestTtnonyofJudp^ Witherellhad aivised that the at- tttK on Maiden sho^dd not be made without cannon. y!!^^V^ '^"r '"^ P" detachment or rather in permitting Col. Cass t« iB^ch ,t. ajjpears from h.s testlmony-t meant it as a reconnoitering party, Md by nq means^ intended that the commanding officer should pursue mea- sutes which might expose the detachment tp be sacrificed, or oblige me to ^ ahjndon the system I bad adopted, hy leading my whole amy to its sup- ^.^Col. Cass testifies, that a day or two after Col. M'Arthur was de, . tadiM to the river French, he (^ol. Cass) requested me to permit him to reconnoitre the ^ouhd between Sandwich and Malden-that I did permit It, and a detachment of 280 men were ordered for that service €e;ne,Jil Tal^lbi- states, that he was present when news arrived that Col. wT* ;t /i fi''*' "^"^ ^''"^^^ bridge-.* Th..t 1 expressed my astonirfi- nftnt that Ool. Cass should have commenced hostilities-as t was not ready With the artillery^that T appeal^ed to be irritated, because Col. Cass had ^en upbn himself tt, act. ^rithout.riiy authority-the detafchment havinr «ily been sent 6ut for observation.*' ^^*^ be doubted but that feener^l Cass knew hiy views, and the obi jects of h.s detachmeM^How far iie was justifiable in pursuing measures^ g^trytotheni.>Otoniy in feaking an attaik, which might have forced a"' "n """ "*"f ""*r -'■^"«*^ «»^i ion f»r his support, but after my verbal or. ^»to.«tiws.^r«s1ing to maintain bis situation, until he had tried the ♦Iteetofawntten remonstrance to me, it w wmeooesary now t» wiaii^r. r« « I do noft' belie«-e thtl the whol* of this proceediay wm ^mmovmpf, ta »l- ford grounds for new clamors against me and wei^^n i074i«U)airi^4 ,, $tf. officers, long before they had matured their conspirftcy, to w,fmi| t^B «ok^ mand from me, by actual violence to my person, had fiwwfd A \^t ^ which I firmly believe this was a part, to place mc ui Aueb »«yitu»t^nMi vouM oblige me to be obedient to their schemes. If any t|)ii\f Ml^^Mrfiil vras don«, they would claim all the nu;rit— la case of dtsAster. Mie M^mm could easily be thrown on the commanding, GenenL ^ If . J haAled the u^ my to the Canards, which probably I must have donic» t«^, j^yie m»iDtj||i)e^ the bridge, instead of its being alleged again«t mc m » ,(^i)if|*^>h«t I ,#1 not do so, do you not believe Gentlemen in case we luui^ |)«en,«MHMicdf | should have been charged with mis<;onduct, in havinff acied in <^po^tio« to the advice of all the councils, not to moT* on M^ddoii without artillery I And when it is considered that Col. M' Arthur WM «|ifenttwith a large At* tachmcnt- Jiat I liad received no intelligence ft^fMO hini-T^^hiit I was vadei^ great uneasiness on his account—I do think thatif I had left bira in xuf rear, and with only part of my army, bad token grounds^ which mi^t have been the field of a general action with< the enemy's whole forces which w«» then, either in respect to its regulars, militia or Savages, unascertained* and at that time but inconsiderably weakened by desertion, I shoold have been highly culpable. Col. ft^^l^ler^s account of this transaction is asTol-t lows — " In answer to a message sent to Gen. Hull, he sent, us 4n order tq return. The purport of his message was, that he could not soon be readji for the attack on Maiden— and could not think of dividing the army. >yp then wrote to him .and pressed in stroi^ terms the necessity of main^inifig the bridge. In answer to which, he sent a written discretionary order /^ us, expressing his anxiety about Gen. M' Arthur, &c."— This order ^ |m^ proved. It is in the following words. ^ m , :'■'. ■'-.>■ , |. " Sandwich irth Ji%, ikix ; Sir, ■ ■;. ■ ,.^ ■;, I have received your letter of this mpmlng. To my astbnishment I h^ive not received the least information from M' Arthur. It is possible some^ thing unpleasant has taken place. It will probably be a w&k before the cannon will be mounted. I am sensible of the advant|ige of holding thc^ bridge. I would, not however, hazard too much for the purpose. The enemy may pass the ford above and come in the rear. I will however; leave to your discretion and Col. Miller's, under all the cireumstaaces of the case, to do that which you judge tnost expedient. Twelve miles are a great distance — and the enemy can either land in boats above the mouth pt tiie river, or pass at the ford to attack you. You know the ground bettei?^ than I do, and as I before obBerved—I will leave the ineasure wid,the,&|«ei to your discretion and Col. Miller's and the beat mode ol*. security to.the» party." I ion veiy respfectfuUy, your most Ohed.8eryt, ,, L W.HuUB.Genena . . Col. Cass. CkM ^^. MUlArlhrthe^ testiffes that •' upon the receipt of this letter, tie of mn ^««« «ttlled tt>{t«ther, and it was decided, that unless the bridge, b, we had better return, and that as we had mttlie'dUpodtionorthe whole force, which was thought necessary we •tag^t nut ti take the responsibility." This ttotiitfony I think developes too plainly to be misunderstood the Aes^-dT'^tlM^lniiceedings: I was to be compelled to abandon my own Iphuii And tb adopt those of my oJRcers. I was to be compelled to lead my ^hbte Ibftc iii * manner, under the walla of Maiden, without being provi- aed with irtUletyu«nd I was urged to do this by tlie commandant of the aetaehment, ^tikdi bat a day or two prerioasly, had given a decisive opinion in counoH, thai tike attack on Maiden should not be made until the ordnance was prepared. But wheft it was found that my order left the officers of the ^tben there was no doubt as to the measures to be pursued. It would have disappointed tl»e whole design, if I should escape any part of U»e But however thii affair of the bridge has been magnified, it is a fact, that the possAkion of that pass by the enetay, never was contemplated as an ebstacleto amoveme«t on Maiden. Thtfy ift truth, never attempted t» tmintain possession of it. Col. Cassis micontre was only with a reconnoit- ering party. According to the testimony of Col. Miller, they saw no more tilaii 50 of tJ.e enemy^Ke says they bad ubout 25 men on the bridge, and AoQt^ on our side, and that some men were discovered in the woods. After this, thire \ve(re, as appears fhJto the testimony of Col. Cass, repeated detachment* sent from Sandwich to the bridge, they always found it un- •ccupied by the enemy. It could then have been noobject to have moved fte army to that post, until the attack on Maiden was determined upon. tt is curiou* toohsenre what trivial and irrelevant circumstances ingenit- Uy can bring together to create false appearances. Some of the gentlemen who were prisoners with the enemy ii the time of this transaction, have ^n produced to testiijir that when accounts reached Amherstberg that •ur detachment bad appeared in the AuxCanards.it created great con- sterriatibh, and it was intended that it should be believed that the enemy were ready to abanddh their post at our approach. But it turns out upon farther examilatioh from witnesses of the same description, that thedis- fohitioh to fly was only manifested by the town's people, who thought it tinhecessary to expdse their persons and eflects in a place which was like- Ijrto be inveitt^. -rMs, »o fi* from evidence of an intention to yield the pktewWl^ contest Jb hot ihunfrequent measure when the most obsti- nate resistance b uiteoded. In my letter to the Secretary at war of the 19tk July, I mentionihe affair at the hva. Canards Bridge, and say great credit- is due to Col. Cass and his detachiftent for firmness— Col. Cass and the ...lU... _-l. . ~— 5 =-t»i'«»«-wv» Sjr tne propOJ'Uou of regulars which. were wiAtim^ ot-^'fot eucwata wit* wiy eneroy, I diol tkmk credit Si ^^a* due to both men and oflRccrs— But when I wrote tli»t7e(llf f ful fl^ tlie same views of tlie dcsig-ns formed af^ainst me, which •ubscquen^ c^^ cumstunccs have expresKcd. I did not then sec that a plan, Irhich liM b«eti ■o Rurcessful, was settled, to make my destruction a merit which wm to give another my place, mid some of his accomplices, f-ank and/erftme. I am charged witli unoHlccr-likc conduct in 8Ufterin|> my eomn]^icatiOn witli the river Raisin to be cut of}'. Tliis imputation is afnohg tKi last thai i expected to find in tlie catalogue of my accasations. If it had behwfc „ roidd have rccpiired all my troopti ' ' ^ * " •■ ' ' -" ' T '*« That liiis communication ou|^ to haW bedn Kept open.ia most tertiun— I did expect it would have been.- ^1 did -suppose thkt * forte woi^dliav^^^^ been sent after me. ujlfinus*^ ^-^'^ — —1-? *- *f-'., -.-.^ --^^^^i wsw^iji; ■ •! ..n : .j^jsiv;/ army. The grounds I had for these expectations, will appear from docu- msnts which arc before the court, to some of which I have already adverted. ltk»Jfe^d tlttt Jim j^uiUy of misconduct in »tad\ng the dctacU, a»«nt under M.jor Van Home-bccausc it was inadequate to the puroo.. for wh.ch .twa. intended. The proof of Uio inadequacy I prc.ume is. that iVWM defeated. It appears however, that it was not owing to U»e want of numbers, thl^t thi. defeat happened-according to Major Van Horn, s own rC*' l..***^^ ti»»tatUckcd him. he judged ft-om the fire, was from 150 to3W. Tbu waa conjecture, for more than 40 savages were not seen. But theae voJu?iteers,^e same patriotic men who are said to have went so bitterly bwMWetbejrwert not allowed to fight at Detroit, fled in the first momenta of au attack witl» the utmost disorder and precipitation-had thi. not been the caac, the detachment waa sufficient. If it had fought the ene my. th,re can bp m doubt but It would have made its way good to the riv- citT*I*'*7/iT"!?*'''^"J'*'"*^^ ^y • '*'«« detachment under C^pt^Brush. Ifthedetachn^nthad been ever so large, it would havo Deen insufficient^ .f the men behaved no better than those Major Van Home eommanded d«i upon this ocoaaioi,. But, 8ir, the true foundation for Uii. eharge. .sthat I d,d not think proper to be obedient to the advice of mj two senior officers. It was pUccd in this black catalogue, solely for th« purpose of g»vmjr the^ an oppojjtunity of proclaiming to the world their own supeijor sagac.ty and judgment. It was to g.velA.. a„ opportunUy to prove, by their own testimony, that .whatever I did was wrong, and H whatever they adv.sed, would have bep right But possibly fought to ha^esuffe,^ the advice of these officers unon had thebestopportuoityofknowing tl^e character of th«ir own troops, and might have anticipated their shameful conduct. But then I think I have r.s T"*'" '''i*''°'"'^'""^^*^'«^'*^^^ "0* »t thi. time i; candid as they wer« when it wa. proposed to at .mpt Maiden by arm? ppdns^le for their men. If th#u«l told me this. Ip^ight have thought It' pgiit to increase the force of jhe detachment, and to have added to it some regular,, whose presence might, a. itdid at the Au, Canard", have ncoTr! The court tbeii adjourned to meet to-morrqV morning at 10 oclock. Fridi^ mortfiiyrf March l^h, I844. The court met puMuant to adjoonuneBt: Present all the raemben; fcltewr** Hull .ppfiared in court, «.d prtceeded to read his defence a, iJ^'r °^**"^?^i*'*^^***»"»*J^^*«'*^««t down to swell the ' on^fe V '^'*"^®*^^'^ *^^ ^ ^^'"ff '^^t-ohed Col. Miller ^^MA^andaot M«^«up^Ued Wm with provision, when ^ «0 »■ "While Sir, I feel myself bound to acknowledge the UbeVBlity With vSifck I have been treated by the Judge Advocate in the ' 'v(,,< < < .- /,;.. Sir, the American blood that was spilled in tl»ieailtMt.«t ||pWM*^pni was gloriously shed. It purchased a victory tbait did <^n<)ni? t(« on^alips • True it was ineffectually shed— but to lay the fui^iSS of tJ^ eiitei?pri|e to me and to reproach me witli this waste of blood* »» ««Uiya«t.Mi.t>»i^^ human. ,.■;.■, ■ <, ■ 4,-.- . ■ '.--.v-r; V I do not understand that I am supposed te ,JMore4ow WTonjin sendhi|r the detachment, or in not making it of greater fotatM^y jUje ,^^^||y of. Col. Miller, it appears that he marched with fiOOtmpninrtewl of ^%«s is mentioned in the specification— But the nuseondtict imputed to ine isj^ 1 imderstand solely that I omitted to supply. Ceil. Mdlejr with provif^omf aftef the battle at Brownstown. - ' With respect to the wan* pf provisions it ^peaP8.1*at the ^tacbment was amply provided when it left DetBoit. The BWrch tli^ yretv; to psrft>nn was about 30 miles— and Col Miller states thattSey were furnis,he4 with a supply for two days, when they set flijferria* (he says) the provisions T^ei« thrown away with the men's knai^Jisks when they were attacfcd—|nd though he represents the enemy to h»ve bpen enUr(?ly be^teii^ ^d so for driven from him, bota off his poute* that Captain |d axw^l went frpm him to Brownstown and back, «nd reported that th&enemy weire all. gone—an* though Col. Miller states that he reUen^ed to the battle, gfoyndwiji;, his whole force and was in fact imdisturbed oi^at grotpid nearly twp daj'S— yet he says in his cross-examination that tte provisions were not recover ed, because he could not suffer his men to sep: #a,te and take them up. I cannot conceive Wtat necessity there could have been for his men's; Sep. arating. It appears to me that he would only have had to march his whole detachment over the ground ^ere the attack w.a» made and tMe ]^rovis)Ons might have been recovered with as much security tp t|be ttetochmertt, as when they were remaining inactive jn the position to which they had re- trogaded. Col. Miller in his account of this transactioii states, that he con- jiidcred that his victory opened tlie coromunjcatipn to the river Raisin Suf- ikienlly for Iiim to have proceeded?— that on the evening of the day on which the battle was fought (that ip jon the Sth) he sent Ma|«)r Snelling to ijokke 3 report to me to inform me of the loss of provisions— and to request that I would send boats or Waggons with prov^ions, and to take back the wounded. He was also to request a reinforcement ft)r fccl. ifillftr— ^hich . .. . .• 1, - 1..— _*_j :jk._..iJl'u-. «Li™ leA Cul. Miliel" on flis cross cxsminauun ssj-s ;;= =uijijc^-~-c^~--tir::r^r~, "~"; to 200 men, •] Col. ISfiller also states that Col. M' Arthur cattte down the next morning (Uiat is oil the 10th) with 8 or 9 boats, and brought with him no more t)>^ 81 tuto lifTelii of floar, oue barrel of pork, and half a barrel of whis- , t piit ||Prl|N<%f berc the battle was fought, was about 14 miles |Nlll8dlf*>UM 16 to the river Raisin, between Maguago and li It tw^ late in the day before the wounded men could ' bo|pit iMiflMiMNi t^ke boatst be knew that he could not get throng b^- ^ lk#^aie«e«i«dg^ {mt is the 1 1th) movUig as cautiously as they ^^i|^]^t^tfQs.^^llbai4he raeo still complaining of hunger, he concluded tb&t fate eoal4 seed to Detroit that evening (that is the 10th) and ba?c '''{Nrtivlliiilihv'MX^ ioorniog. That he aecorduigly sent an express to ' liBioRiM requesting that I would send him two : dajrit pMldffidttai That no messenger from me came to him until sun* '*4*«ti AeirtiffedJ^ (that I* the lltii.) That the messenger informed !|||D that his l^itJkjpa detained by his losing bis way. That this mos. ^ ii(!n|Br bWOgWh^^ to return to Detroit, and inform- ed biiPl t^t bfH vl^inlltl &ud plmvi^^ the river Ecoid. That on the Kanie ^venfaig he tor't 'of Clptiin Maxwell, was a&'Ml as Brownstown, at least, free froi^an ^jkl^f- But if tlie want of pi>|l^isions was a reason for not prodMiug Co tbe HveMt^^in, why did not Colonel Miller push on to BrowRsiown? Tibero wa^ an Indian settlement \viuch, without doubt, w^jft jl^tt, ca|)M)lQ el supplying his immediate ivanls; and from wi^rlie^ttjdnjilthsffi^ be^ biit a tery few miles. If there, M E<^i«^ i^ Colonel ftglle^ farther than to shew that whenIdi»8«|«5li!d|iim#.tHh8ft tachment, with rations for two ^«,^| j^ad miMJ« evei? {trofisioiB which I had any reason to think fail ex^neies would ret|ifii¥. , iWlwn* however, I received his demand lor pratVjsiQOi, I tocde :efiery^i9e«ai|« that the duty of my 8Ution\i>aqitir8d to sH^pIy.Ji^n^ fk>eiwl|^'#-' thur was charged with this service, «nd Irb^ to pntsent -to tjb^ 90W«lt his account of the manner in w^iifli JiepereMli) itli^ *t;Qn (jb^^ajT ^' we crossed from Caqada,'' sayft,€k»lpiieraJNl«tfeji^ *^.lbat{is.Uie ,8||i " of August, Colonel Miliar Mw> W9t with t,4iet«riini^ % Oic^ p;^^^. ^' pose as was stated, of opeiyi^«coi|pmiud9&Ml»n!With the rJKv^^Baa^ ♦tThe night succeeding Colonel lfilier'8>bat«(e«til||pagdi,^ ♦' the 9th) the general sent fi>r am jtHe Qight, was «et« :ji«Mll»fbBmedi '' me of the battle, and diieeted me to take 100 of my regiment to " take the boats along iae riter, ««id t<«hdescepd' to Colonfl Miller's ^' encampment, for the purpose of brifigfaii|^0p tl^ troBJided n^iBn;-Mm •^ directed me to get one dajf»$ {Hovision for Colonel Mille?<8 detach- "ment. I called at the coramissaiiy^s and wf%4etiiBed th|Bi« 3,^ 4 " hours in getting it— I got wM- 1 DoaWi It has been my misfortune, sir, that I have not been able to obtain the testimony of Mr. Beard, tl^fiiiagpifisw^.. M9 bts been regulwly summoned by the judge advo^, atmy request, iMu} I Mve iH»eml times written to him, but IM^- hai( not jm^, hi» ;app(»|ranee.v^ flUift judge advocate, however, wit|| h^ wonM cMidoar, ]i|w«dmiMid» document which, in some measure* wpiiliiis^^tMs te«l|^(^ order which I issued to thec«4itraetor*OB4fi#.JU>of^A«»lrt^^ iivering rations to Colonel M'Aethar for Cole^i^lffiller^i deit^OwMt. The receipt of which order is aekaowledged by tiu,^ j»o^ty»'tOri. i« « fopy thereof, which is in the foitowjipigii^^,;, i-SVTf- • ^,^' »o>;w» y y « •trn'trfmy*' ♦wj|i-«-,»i« :C »^ V io*} 83 •^ittifivd^tUlant of pork, and twelve hnivlred rations of whiskey, to " be seat to the detachment under the command of Colonel Miller. " By order of Brigadier General Hull, '* ' * " H. H. HICKMAAT, Captain Infantry." ^ ^II^IK 18(2; (Correct copy.) •=^W,;*«tt iipeftrs that General M'Artlmr knew that oHe purpose oFlitt4|% iliilf^C^nel Miller's detachment was to carry prorisions. ®» ii^iar ^fktb Hi |«^riitiew \ when I had issued the order to the pn^r officer tolssue timil^d faUi. had I not done etery thing that v#ai'ttlc«BlbiMroil^^ was it my duty to go to t«te oMnniiRary'i utovr/y^lif to|M«i#(r#ithoat having with him the quin- tity^prtfvisioiis t Hid ordHredf It It tofficient for him to say he tdok wKat h^ oeold get t IftfittrB w«i ftiqr deficiency he ought to have in- ibnufe#iii^'dr iti He rovM ha^ lli^' communication witii me in five iiihutei. If Want df provlrieiK was tii« Ntasoo why the American blood, thilwtk dpillMliietbe batttooT pimmiUfh, was shed ih vain, I again aiiki#«8itlliM^lkioil|^fmJb8«t»obi^ On the 10th of AugiiBtf isiiMdinMitlMHPoid^for^p^ Colonel Miller's detach- iBeAt«^his has also beeo read and i#la m ibilowing words-^ '* -' '* ' ' - "DWroit, August 10, 1812. >*^'He*«Mrtlw5tor #flllniieii>r €k>li>iel Miller's detachment, (wa «*taH>asaiid complete ratlMis. ; T ,= ^•A.^llULL,aldi decamp.'* Tiles') prorUons #e» sent byijie'eoiiti^ctor toColoftel Miller's de- tachment. Colaeel Miller, mettbttol air Ifib return and brought them bailiiii;E'^]|^e4^ ' ' not move 'till evening, and then I find that helias nbt ^ieyMtbii^iib^.' • He gives me to understand that he has bneh w^itth|^ |^r|ffii^l.^' 'tf' ' th^re was no order for provisions, why did lie ^dii^pl^WtHiei^ t&6 VoW ' ject? But there was one, and 1 think Genei^f #'j!f[ril^WVsitc8l^^ it. When he sees mc he doc^ not complttiiiiiifldie wafit bf lui oHder, iMt ' ' that be cannot get the provisions. If tBeri^%|llin' b^i', and th