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B. on a charge of having, as a citizen of the United States, levied war in the province of Upper Canada, against Her Majesty the Queen of Great Britain, &c.; with his defence. New York, 1838." The right whereof she claims as proprietor, in conformity with an Act of Congress, entitled " An Act to amend the several Acts respecting copy rights " JNO. WINDER, Clerk of the District. BO 57 TRIAL OF GENERAL TH. J. SUTHERLAND. FOURTH DAY. MONDAY, MARCH 19, 1838. The Court met pursuant to adjournment. Present the same mem- bers as on Saturday. Dr. Sedingham was again called— who states that the prisoner is fit to be brought before the Court. The prisoner Thomas Jefferson Sutherland, was then brought into Court, and was asked by the Judge Advocate i^ he had any objection to make to any member of the Court, when he answered — " As it is only within the last half hour that Mr. Ridout has been applied to, to aid me in mv defence— 1 crave that the Court will adjourn a reasonable time to enable me to shape more particularly the objections I wish to make before this Court Martial." The Court was then cleared, and re-opened ; on the prisoners'* be- ing brought in, he was acquainted that he must now make any speci- fic objection he may now desire to make. The Prisoner then made the following objections ; First— Thai Major Dewson is on full pay in the British Army — and therefore, not, within the spirit or meaning of the Act, competent to sit on this Court Martial, required to be composed exclusively of Militia Officers. And Second— That the President has never sat upon a Court Martial. The Court was again cleared, and re-opened, and the prisoner was mformed that the Court overruled the objections. The President then asked the prisoner whether he was guilty or not guiltv. to whir.b li« an«»w'»r*'d " no* "ui't ' " 1(» Jo/in Prince, Lioul. Colonel in the Militia of Upper Cdtiadi^ be- ing duly sworn on tlic Holy Evangelists, states to the (.'ourt : 1 hat on {\\oJonrtk da,/ of March, instant, ho was returning from (^orheld, in the Western District, was travelling in a sleigh along the shores ol Lake J<:ri(,' on ihe Canada side, about half past foin- o clock, I . M. he saw at a great distance two objects on tho ico, which he thought were men : was in company with Captain Girty and Mr. Ifaggerty, and they had been with him on Point J'ele' Island on the preceding day, uith the forces imder the command of Colonel Maitland. In about twrniij minutes after he bad seen the objects he saw that they were men coming from the Mich iiran shore towards the Uinada shore; conceiving them to bo spies he determined to inter- cept them if possible, and having met people who accommodated him and Mr. Haggerty with fresh horses and sleighs, Mr. Maggerty got into one ot the sleighs and witness into another ; having previously prevailed on Mr. Girty, who was unwell and his horses tired, to re- main where he was. They drove on, witness first, followed by Mr. ilngg(!rty ; when witness came within about a hundred yards of the prisoner, who had another person with him, of the name of Spencer, he desired the man who drove him to stop and take charge of his, witnesses pistols. Ho also left in the sleigh a tomahawk which he had and advanced towards the prisoners, following them and having his gun. He desired Mr. Haggerty to follow with his gun also.— He was about futy yards ahead of Mr. Haggerty when he hailed the prisoner and his companion, and desired them to halt. They did so, and the prisoner Sutherland asked *' 2vhat do you want, we are American citizens going about our iusiness." As witness advanced he recognised Mr. Sutherland, and said that they toere some of the people he had been long looking for, or words to that effect ; on their turning round he discovered that they had swords, and advanced to- Wrtrds Mr. Sutherland and took his sword from him ; at that moment Mr. Haggerty came up, when witness desired Mr. Haggerty to de- mand the sword of Sutherland's companion, he did demand it, and bpencer gave it up to hiin. Witness then demanded of both if they had any iire arms about them, they assured him thef/hadnof, when wit- ness said he would be satisfied with that assurance and would not search them. He then told them to consider themselves as his pri- soners, and to march before him to the sleighs which were at some distance. Mr. Sutherland then charged witness with having taken them on the American waters. Witness told him to look at our shore, and at the American shore from whence became, and he told him to bear m mind that they were about a mile and n half from the Canada shore, whde fhey were about five or six miles from the American shore. Prisoner then stated that he thought he had a right over any 11 of the waters of Lake Erie, or words to tliat cfTucf. He then de- sired that witness would take him before his commanding officer and he expressed a liopo that ho should not ho used ili by us. Witness told urn thai ho should be taken before the commanding officer, and should not be ill treated. Witness wished the Court distinctly to understand that the place where he captured the prisoner, was not ■ adove a mile and a half from the Canada shore, and it was on that part oj Lake Erie which belongs to the British government. He al- so wishes the Court distinctly to understand that it was at least five miles Jrom the American shore. Witness also wishes the Court to understand that the swords were both vcrv efficient swords, and they wore them as military men usually do. Witness had seen Mr. Suth- erland at ])etroit some time previous to that day, about six weeks previous, and a few days after the capture of the schooner Ann of Detroit. He had then a sword by his side, which witness believes to be the same which he took from him. He also wore a military dress with a tn-colored cockade in his hat. After Mr. Sutherland became the witnesses' prisoner, they proceeded in sleighs to Maiden, where witness placed him in charge of the Honorable Colonel Mait- Jand, then commanding there. On the following day, being Monday, and Col. Maitland having expressed his determination to send both the prisoners down to To- ronto, and the prisoner Sutherland having the preceding day express- ed a wish to make a communication to them, witness arranged with Colonel Maitland that the prisoners should be brought before him, this witness. Major Lachlan, and Captain Prideaiix Girty, Esqs. all ot whom were magistrates in the Western District. The priso- ner feutherland was in onsequence brought before them about mid- day, in a room in the garrison where any body who pleased was al- lowed to enter, and the room was filled with military men and civil- ians, ihe prisoner Sutherland was brought in first, and alone, apart iromnis companion; witness then reminded him of his having ex- pressed a wisa to make a communication to them; witness stated mat ne and his brother magistrates were ready to receive any infor- mation he may choose to give, at the same time reminding him that be need not say any thing which would criminate himself. He said he was aware of that, and that he would frankly tell us all he knew. He then made a voluntary statement which witness heard throughout. Atter he, the prisoner, bad made this statement, witness reduced the substance of it into writing in his presence. Witness aiso produced a newspaper, (which newspaper he here handed into the Court, be- ing the ''Detroit Morning Post," dated the 12th of January, 1838,) the paper containing the prisoner Sutherland's despatches and pro- clamations, but that some of them worfi writtPn fnr nffi.nf WK«.r. ' r 12 witness had finished the statement abcvcmentioned, which he now holds in his hand, he read it deliberately over to the prisoner, and asked him if it was substantially true — he said it was. Here the witnosss delivered the statement to the Judge Advocate, who read it, when it was referred to the Appendix. Witness here also delivered to the Judge Advocate the newspaper abovementioned, who read the publications stated in the declaration of Mr. Sutherland, and referred it to the Appendix. Witness also recollects a statement made by Mr. Sutherland when he was taken prisoner, which witness desires may now be taken down. After Mr. Sutherland stated that " they were American citi- zens going about their business," witness remarked that. Americans had no kisiness ih^re in these timeSy when prisoner replied, that '* he was going to Loioer Sandusky to endeavor to intercept some persons who had stolen some money from him, and his clothes and valise while he was in Monroe." Witnjss then remarked that he was coming in a direct line from the American to the Canadian shore, and witness here adds, that he was then at least one mile at this side of the line leading lo Sandusky, and their steps were directed towards the Ca- nada shore. Witness adds that a line from where the prisoners were taken to Sandusky, would run in about a south westerly course, as far as he can judge, and that they, the prisoners, were going in a course about south easterly ho thinks, and if they had pursued the course they had been travelling, they would have been on the Cana- da shore in about half an hour. Witness states positively that the prisoner is the same person he saw at Detroit, and whom he took prisoner on the ice. Sutherland. Were you, at the time I was arrested, in a certain degree of excitement ? Answer. I teas excited in a little degree loith pleasure on finding a mart whom I had desired to meet. I was excited with pleasure, hut ■nothing else. Suth. Might you not have mistaken what was said by Mr. Spen- cer at the time of the arrest, and after, for what had been said by me ? Ans. Certainly not. Mr. Spencer said nothing that I heard ex- cept his asking me whether he was bound to deliver his sword to Mr. Haggeny, when he demanded it by my order, and I have no recol- lect of any thing else said by Mr. Spencer on that occasion. Suth. Did Mr. Spencer on that occasion say that we were on American ground ? Ans. Not in my hearing — I never heard him say so. S%ith. Was it not Sandusky instead of Lower Sandusky, that was named ? 13 Am. No Lower Sandusky was the placo named, certainly. ^uth. When arrested, did [not tell you that w« were going to a Schooner that was near, for the night f Ans. Ho did not say so when arrested, but he said so in about fwenty minutes after, and I observed on the improbability of the act. because the Schooner had been stranded in the ice all the pointer, a iongjutance from the shore, and without any body or any fuel on fuefon'bon^rd'? "^'^ ^°" ^"'''' ^'"^ ^^'""^ '"'''''' "^'^^^' P^''""^ "°^ hn^T^^u ^,^^^^ *^«^«^^ •'''«' I did know that there was nothing on board oj her, but I had seen her in the same position, blocked up in the ice, about a month before, and 1 took it for granted, that there were neither persons or fuel on board of iier, and I believe there were not. tiuth. Where did you first see the schooner ? I .n ?' ' ?/'^^'^T '''"^ schooner in \ne place where she was when 1 captured Mr. Sutherland, and that place is within the province of Upper Canada, and not within the waters of the United States, oum. How far were we from the schooner at the time of the arrest ? Ans. Suth. ground ? Ans. Within half a mile. Did I not say to you that I supposed she was on Ar n I do not rep,ollect any thing of the kind being said. Mainly was not ^aid to me. ° hef f^' ^"^ "^^'" ""^^^ ^'°" ^° *^^® schooner the first time y. Afis. I was on the main land, travelling on the Canadian side, that vicina e ^^ "'''''^ ^^""^ °"^ schooner frozen in the ice in Ans There was one about four miles below, close upon the Cana- f^.nl^i? '"/^' Township of Colchester, I believe, and they were the only two I saw frozen up in the lake. them f ' ^^^ '^^'^ ^''''" "^"^ '''^®''^' '"^'■^ y''" '^^^^y *° ^^^^ ^®^« Ans. If there had been any others in that vicinity, within three or four miles of the scnooners spoken of, I should have seen them. u-^Tful A "°^ ^^ '""^ ?^^" ^''-^^" "P "between the Canada shore arrest ? ^^"""^^ '^°'^ above the schooner, a short time before my Ans. It is impossible for me to say whether it was or was not broken, not having been in the neighbourhood in the time mentioned, at that time I was either at Sandwich where I reside, and which is twenty miles distant, or I was in Toronto. ' 14 ISuth. How many miles below Amherstburgh were you wlien you first discovered the prisoners t Ans. A" mr as 1 can judgo from memory, about nine miles. Sufh. llov/ long a time einpsed after seeing tlio prisoners, Ijeforo you commenced following them 1 Ans. I think about twenty minutes. Suth. Was witness .'ooveor below the prisoners, as to the cur- rent, when ho left the Canada shore 1 Ans. I was above them. Suth. Were not Mr. Spencer and myself within throe miles or less of an island in the vicinity of the schooner al the time of the arrest ) Ans. Certainly not, ao far as I know. The only island with which 1 am acquainted, is Bois Blanc, and that, 1 think, must be seven or ei^ht miles from the schooner. Suth. To what point of land on the A.^erican shore were we nearest when arrested 1 Ans. I am not sufficiently acquainted with the American shore to answer that question positively, but I think it must be ai or below Gibralter, in Michigan. Suth. To what point of land on the Canada shore were we most near when arrested ? Ans. There is no particular name that I can give to the point of land nearest to the spot where I arrested the prisoners, but I think it must have been about two or three miles below a place called Hart' ley^s point. At four o'clock, P. M. the President adjourned the Court until ten A. M. to-morrow. c: •• IS riTTH DAY. TUESDAY. MARCH 20, 5888. he..b„.s. and Mo„.tr«rr.J^^'«^" i^^r"""'"^ '» ^'"■ GeL'™l's"1fffi.^''rnd?alleT: '"'.".''T'' " '""" f™"" "■« Purveyor same a/bdne mr, or ?- ~ >° Purveyor General lo prove the John Macaw fyl" "henca fed and h "■" "f"': '"" """""""^ ^w7 Th. ^ ,"^V^'* ^«"^ *° ^'"'^h the schooner Jay ^ proS;gthem^" ''''"''"™ '"'«'""'« P"^""^^' ^ave seen you ap- 16 Ans. 'riicy might have sncn me (Voiri the time I lolt tlio shore in pursuit of them, if they had heeii on tlie hxik out. Stith. Did prisoner before the r xnmination .spoken of by witness, say to witness lie had any oonnnu.'jication to make to Wnni Ans. He did not sai/ so to inv. iirrsonalhj. 8uth. At the time of the examination spoken of at Amherstbnrgh, on the nth instant, did not prisoner say that ho had been on Navy Ishtnd with Mackenzie and Van Kensselaer, and that he liad left them in disgust, > r because he was entirely dissatislied with all their pro- ceedings ; and that afier lie hud left them, Mackenzie became one of his bitterest enemies ? Ans. The prisoner certainly did at Amherstbnrgh, say that he had been on Navy Island with Van Kensselaer and Mackenzie, and that he was dissatisfied or disgusted with. Mackenzie; but he made no such remark wiih respect to Van Rensselaer, nor do 1 recollect li.athesaid that Mackenzie had become one of l)is bitterest enemies. The prisoner expressed dissatisfaction with Mackenzie as to his mili- tary arrangements on the Island. He, the jirisoner, also stated, that Mackenzie had been plotting against him on Navy Island. Srtth. Did the prisoner say he left Navy Island before the com- mencement of any hostile operations I Ans. 1 have no recollection of his having said so. Hut ho stated he was second in command under (leneral Van Rensselaer, and I think he said he left the Island Ixdore the destruction of the Caro- line. I think he stated also (hat he left on or about the 20th of De- cern b(M*. Sulk. Did prisoner stale on 'lis examination that he had employ- ed or joined persons or a party at Cleveland, Ohio, with whom he came on to Gibralter : or did he state to witness that he, prisoner, came on from Cleveland in the same beat with a party of armed men wiio came at thtMr own instance, and whose passage was paid by citi- zens of Cleveland ? Ans. I remember nothing that passed on that occasion more than what is contained in, the written statement before the Court. It is not an examination, but it contains a voluntary statement of the prisoner. Suth. Did not prisoner tell witness on said examination that the paper rend to him though substantially correct, did not contain the explanations prisoner had given ; to which witness replied, that it would take loo much lime and paper to put it all down ? Ans. I said nothing of the kind, but when I had read over the statement, I asked inm ii lie wished to add a'\v thing more, and he stated that if he was aware of the exact position he stood in, with re- gard to us, he might be induced to otfer his services to us ; which 17 lul'l an iinprussion ujwu my iniiid that ho was desirous of enli«ting in our cuuso against tho Americans— for ho said that ho had made up liis mind not to put his fool again upon Aniorican soil if ho could Hvoid it— or words io that olfuct. All this was said hy tho prisoner after tho bta.tement had hoon road over to him by mo, and 1 looked upon it as a conversational romark and Ihoroforc did not add it to tho statomot)t. (S'«i!/<, ])i(l witnop^ or any other person on said examination, ask prisoner to fjign tho paper produced and alleged to contain the state- ment of prisoner ? Alls. / did not. ask kiin. In st'irn Uy nor did any other 'person in my presence. In my practice as a magistrate, I generally take down the statements of prisoncM's and read over and explain them to tho prisoners, and make a minute at tho foot of what they state, after having hud the same read over and explained to them— and I never ask them to sign them. Suth. Has witness ever examined the sword taken from prisoner — if so, describe it % Am. f have examined the sword and it is a tawdry Yankee sword. It is remarkably sharp at the end— sharper than i^words generally are, and appea'.'d to have been recently ground and whetted. Tho scabbard is washed or plated wliife, with devices on the outside — and as he has asked mc to describe it, 1 add that it is of so fine and paltry a character, that Ihelicve a British oljicer leouH feel himself disgraced hy wearing it. I consider it to be (^fTjciont to thrust with. The witn{;ss iiero was directed to withdraw, and he withdrew ac- cordingly. Pridcdux (rirty, of tho townshij) of Gorfield in the Western Dis- trict of Uppor Canada, Esquire, and a Captain in the first regiment of Essex militia, having been duly sworn, stales to theC'ourt : That on th(; fourth instant I was returning from Point Tele' Island with Colonel Trinee, and a man named llagg(;rty with us. When we were about a mile and a half above IJig Creek, which is six miles below Amherstburgh, Colonel Prince said that there were two objects on the ice. ^ We drove on still towards Amherstburgh, perhaps tho dist-ince <»f a mile. We then discovered that they were two men. I mentioned to Col. Prince that I suspected they were persons wishing to avoid our guard, they boingenlirely below the usual place of cross- ing, and recommended that we should pursue and ascertain who they were. We drove a short distance from tho main to the American shore. Wo then turned round and concluded to go up to Anderson's, at Hartley's point, to obtain a fresh horse and as tb.ov were an- proaching our shore we thought they would bo upon it by the time we returned, and if they were not that we might pursue them. But we 3 ! 18 found that they were so near the shore and meeting iwo single sleighs the Colonel asked then if they would go out with then, that is, with him and Mr. Haggerty. They went into the sleighs and drove oft* rapidly. I for a ^ew moments halted at that place with my sleigh, and as I Xhow^^hi I discovered that the "persons were running I drove after them. I was perhaps at the distance of a quarter of a mile in tJie rear : 'at the distance of a mile and a quarter, or not more than\a mile and a half from the Canada shore. Col. Prince came up with the persons we were pursuing. 1 perceived that the Colonel at that moment took a sword from the hands of the largest man of the two, whom 1 afterwards ascertained was the prisoner Mr. Sutherland. — Haggerty went up to the smaller man and took his sword ; his I also caw. Colonels Prince and Haggerty with the two men then re- turned ; immediately when they met us, the Colonel said " Girty, we have Gen. Sutherland." I immediately said, I know the young man who is with you, having seen him at Pontiac, at the head of a company of what they call the Patriot army. 1 consider the distance from the Canada shore nearest to where I then was, and directly thence to the American shore, to be about eight miles from shore to shore ; some call it ten miles. On the nineteenth of February I attended the theatre at Detroit, and there saw the prisoner, Suther- laxid, being the first time I ever saw him to my knowledge. On my entering the theatre, I saw him addressing the persons then present, encouraging the cause of the Patriots, so called by him, inviting his hearers to come forward for the relief of the oppressed Canadians. Such was the terms of his address. I left the theatre before the usu- al time of iheir dismissal. Next morning 1 went to Pontiac, and thence to Ann Arbour, and thence to Ypsilanti. I then went to Am- herstburgh, and returned immediately to Monroe from Ypsilanti, on Friday evening the twenty-third, where I saw Mr. Sutherland. That evening there was a number of the persons calling themselves patri- ots, in the taverns of the village. The next morning I saw Mr. Sutherland in the street. I immediately left the place and proceeded towards Amherstburgh, following up the rear of the Patriot army, v:.til they crossed to Fighting Island, when I returned to Gibralter and crossed the river to Amherstburgh, where I gave information of what I saw to Colonel Maitland. I did not again see Mr. Sutherland until he was taken on the ice. On the morning of the fifth, I went with Col. Prince and Major Lachlan to the Fort, when Mr. Sutherland was brought before us.. The Colonel then asked him some questions, and cautioned him par- ticularly not to say any thing that would militate against him. He then stated : " Gentlemen, I will tell you frankly"— and stated that he had been on ^avy Island, and was second in command at that tr!'^ ^\^\ ^^}^\^^^ certain date which I do net now recollect G raKMict"^ ''"^P ^^ Cleveland, and from that upt^ oibralter, in Michigan, nearly opposite Amherstburgh. He also con- Ihict't ev had 7" "'.' ^'^"' ^ P^^"°^«' - ^ ^sco. or boarof lol K K ^ u^ !^"' ''' ^''^' ^» ^^ n^ght of the eighth of January 4hat he had the direction of them. That there had been some disa' TrrS Tsa^ t" \^ ^°. "'^ ^'°"'^ command Withers tes ?.! i ^ u ^^^^^ ^^'^^'^ come up to the corner of Bois Blanc Le boV Thr'" '"' f't''^'' °^ '^""«" which took Kk"™ Tr tK • IH P^'i^^ncr further stated that he landed on the morning thVe'e'm'n!' '' ''""'^^' ^" ^^^^ ^^^"^ ^^'-^' ^^ theta'd of fiftf SIXTH DAY. WEDNESDAY, MARCH 21, 1838. feerT'a: yeTeX'""""' '' adjournment. Present, the same mem- Prideuux Girty, Esquire, again called, who continued his evidence The examination of Mr. Sutherland was here put into the hands of this witness, who states that it is the same taken by Col Prince at Amherstburgh in witness' presence ; that Colonel Prince readll Tthat tllT^''' '"' "^'^' '"" '' ^' -« <^--^ -"Te Tdmit' ^J^'^''^'f^'^^l<^^^o£the magistrates attending upon that occasion and says that his name at the foot thereof is hifprope signature Court. How long haveyou lived in the Western DistHcrand are tr.vf r;»K,-i 7.^' ^°f_" ^_". '^^ township of Maiden in the Western Dis- rhrj«"r"""V" V 'l- ''''' """'^ * quarter oi Amherstburgh, and have liv^d ltJ\ ^^''"' thirty years of my life. I am well Acquainted with the coast .long to Point Pele', andin particular that part aboutTwa •ao nu«li«ln\ir luiloN lidow w\\o\'v. I livi'. ialfctl Unv foint, oho ritlhil Uarlliya Votnl, ic/nch is (hr nf^arrnt nxal on l/ir (\mai1a uliorr lo where fhf luisonrr ti'n>t taken, ami Voiiil Monll/r m Ihr iirair.sf point on th- Atii'rii'an .v//v'. V'o ilir hasf of imj lic/icf omi lo 1m within limit.f, liitotv the tlistaiur from w/^rr ihn prisoner was lahvn to l*oii;t Momllv at four mites an(»rr to whn'i prisonei' wait taken, is within a mile ami a half. l^ntherlantl. At wliul linur of ll»(> ont two miles or verif neor that. Snth. Did yon «eo nny other mhoonin' in thiil vicinity, or nnnr wluM'c the nrrest look phice f Afts. I *li(l not. Suth. Was there not n travelletl road on the ico between Point Monille aixl Har INmiU I Ans, Not in that direcliiM). M»f7/>. Did yon see an ishmd near the schoon(>r, ,nd what direc!- tion did ihi^ island hoar iVtnn it, and how far distant lVon» the schooner T Ans. 1 did not see an Island. There is no Island nearer the sefiooner than Uois lilanr.or Stiunre Island, whieh are more than four miles from the schooner. " Suth. \s \]o\ \\\o. West Sister Hsiand) to bo seen fro.n throe indos b'do\- Hartley's point, or iVoni wher(> the sciiooncr lay 1 Ans. In a V(mv clear day yvttJ «an discover it with iho oyn. It 18 n«)l less than tilVeen miles distant iVoni llarihiy's point. Snth. M\or you started in pnrsuil what was yonr eourso on tho Wo after prisoner, and what length oi' time elapsed before ho was ovevtakiMi or in(i hv Mr. Tiince I Ans. It was nearly in a smitherly direction, I thiid; it oonld nol bo nioro than ten minutes from tho time Mr. Trinco got into tho sleigh ho mot, nntil \\o ovoitook the prisoner. ISuth. Was prisoner running or only walking, when in all nroba- bility or to tlu^ best oC your impression, ho must have soon Mr. rrinco and those in pursuit of him ? Ans. \ was iindor tho impression that tho prisoners did run ioi moro than a ijuartcr Ki( a milo. t^uth. At what house did you see prisoner on tho Friday evening von mention at Monroe f Ul Arnt. At n ; uhlir-k inn, I irir'ml»«'r Iho nrunn. Si(ffi. ^ You wfiy yf.ii (nllowcd fho I'lifiiot nrrny IVoin Monrnn up »«ivvrir(l« l''igli(i(i|^5 JMlimd, did yon iImmi i»r ftflnr hZ-o prisofinr with tho I'ldriot nrniy, nv i\a y(? hitn wilh Ihf I'/ilriot nrmy hntwnon Monroo nnd l''i/»hlMi^ IhIiumI. I do not know Ihfii hn hnd any coiinoxion wilh tho I'nitiot nrmy nffnr 1 miw him ut Monron. Sitf/i. Did wiftioMN ttm n ono horwo Hlnigh nroin tho inn from the f'nnndn (n fho Amcrifnn Hh(»ifi, nnd Ntop wilh priHonoriiiifl hin corn- |mnion on the ico '( AuN, No. Wi//A. Wmn ii not n rjoftr finnshiny dny whnn prisorior was fir- rPHtcd 1 Alls. Ii wnsn lidrM'Ml.ly '*l''Mi' of liiir (iClornoori. Nuffi. A I thn time oCHnid nxMminnfion did not priwonc-r tnll witne»» ihnt nl Romntimo in tho dfirly pnrf of I'Vhrnary hiwl, ho hnd ronolvnrl lo hnvf) no morn to do with Iho I'lttriots (d'Ifppor ('nnadn, nn ho then hfdiffvod ho hiid hrnn dcn-civcd nst to thn intnntion« of tho poopio of llppor ('(Uinda, nnd hnd ftindn n jormdl ro.sign(iti(m lo ihrun, nnd nuido fho mmv known in Minhigun, nnd that ho hnd then dotorminod to wrilR n hook lor pnhlicntion, giving a truo nccoiint of tho proceed- ingN of tho IViriolH of Up|)or Cnniuhi— or wordw to thnl oiHint ? Afi.i. After Iho Hlnl»'mont wns mndo nnd fdgnnd hy fho rnngis- Iriilos, ho spokolo this olii-ct. Thnl hn Inid rnNigrKul—thnt ho wn« g<)ing »Mi8t to wriln n hook— that if ho know how hn Htood with us ho might hf) nsrifid lo oh, which h^ft nn imprf!N,sion upon my mind thut hnvvishndio \m qncnn'N (^idntico ; nnd niso f(j Ihn ofrnot'thnl ho hnd hocn (l(!f;niv(;daH lo Ihn inlnntionH of ihnpnopin of IJppor (/'unfida. Svfh. At Iht! titnn of said nxaminalion, in an.swor to Col. Prince, did|)riNonnr toll wilnnKM that hn hnd had nf)nonnnxion whalovcr with ihfi p.MsonH who had hnnn in armn o\\ l-'ighling Inlnnd or on Point Pnl(!- Ishind — that hn wa.s not awart; of having nvnrHonn any o''thn pnrsons said 1(. have h<'(Mi on INK;' Ishind, nxn.|,t (.'apt. Van Hnnasn- hinr— nnd thai pris.nmr 'nad nnvnr in his lifo hnnn nt or nnur Pole' island— or did you over hnnrrnf' mnkn such slainmnnt. Alls. Witness dors not mcollncl that (V)!. Prince over asked him such a (pins'ion, nor dons hn rncollnnl thnl any ono nlso put such a (junstion on that occasion. Hn ihiid's ihat whiln hn wns on tho ice nflnr having taken him, that hn had askfid him if hn had not hcen on l"'ighting jsland—hn answered "No." Witness nsked him then ; •■ "' i''.inf)nn tMu, iifui ucxij rsnoi on rf;i?ii rcie iniariQ. lie snid hn did not know any other ihan Captain Van Rennsselaer. I his witness thnn withdr(!W. 22 I Mothew Raijcs, of the city of Toronto, a laborer, nnd a native of Ireland was culled and duly sworn ; and he states a.s follows : I wont to Navy Island on the twenty-first of December, 1837, after I got there, Mr. W. L. Mackenzie asked me what brought mo there, I told him I came for the purposo of seeing the Island. Mr. Mackenzie then told me that I could not leave the Island. I saw the prisoner on the beach when I landed. There was a Mr. Gorham, who, I understand, came from New Market in Upper Canada; ha told me himself that he came from New Market. Mr. Gorham acted as Aid de camp to Gen. Van Rensselaer. I saw the prisoner en the Island from time to time, from the twenty-first to the twenty-eighth or twenty-ninth, I oanjiot be positive which. lie was in the capacity of second in command of what they call the patriot forces. He was .Brigadier Genern. I saw him leave the Island, it may have been the 284h or 29th of December, but I am not positive us to the day. — He carried a cavalry sword slung in the usual form. There were no people in uniform on the island. Those on the island were gene- rally armed with guns, swords, pistols and pikes. Some had charge of cannon. The prisoner addressed the men on the island the day he loft it, and gave up the command he held to Major Vreeland, who then took his piece. Prisoner said «' they were embarked in a glo- rious cause," and implored the God of battles to direct and prosper them. ^ ^ Court. Have you seen the prisoner since you left the Island — if so, state when ? Am, I have not, until I saw him now in Court. Court. Did you see any other British subjects whose names you did not know ? Alls. There were about forty or fifty persons whom witness un- derstood were British subjects, many of them told him so, and he had opportunities of conversing with them, and he had no doubt of their being British subjects. Court. Did they form a part of the hostile force ? Ans, Yes. CourL Did you recollect a man named Swiizer on the island ? Ans. 1 do not recollect any man there by that name. Suth, Did witne.'isever, or at any time, see prisoner in ".onver- sation with W. L. Mackenzie, on Navy Island ? Ans. Yes. Suth. At what place on the island, and what was the subject of the conversation ? r.^^.^X ^ ^^^^ him in conversation with you at the place called Head Quarters, but the subject of the conversation I know not ii 20 Sut/,. 1)1,1 ymj, witnosH, sen prisoner on Navv hhiml a/'lor ihr burning of the steamboat Caroline ? ' "^ ""<>j u»< ylw.v. No. «<^M. Wiiero on Navy Lsland .lid you say you first saw priso- :::;;:o :;::^'''' --^ ''^'^-"^^ circu.stanLr in the ..otij;:!:;.- An, On the beach at Iho usual place of landing on the island, opposite Head Quarters, and as to peculiar circumstances here were none lliat I know of. i-of wf/h ^''"*' ''^ T"7 ^''""^ ?'^ y^" ^"^ ^"^^^ intoconversa- a1 ?["?.""!"' ""u '"'^''^ ."""f,"'^^ '''"^•i^^' °^ ^'^"t conversation ? ^n*. On he b,^ach opposite Head Quarters. Wiiat occurred in conversation I do not recollect. v^unou m ^^^f^uih. Who was in command of Navy Island while prisoner was Ans General Van Rensselaer, but he was sometimes absent and then the prisoner commanded. Sulh. Does witness know what countryman Gen. Van Rensse- laer was ? or if or not he was a subject of Great Britain the'^Unitec! SmteT^'"' '^ ^"^ ^" American-that is, a' citizen of saf ;H;one'I^le7t U ?" "' ''""'"'' °" ^^^^ ^^'^"^ '^^ ^»^^ ^-« y- An* TI.ere vvas one on the western extremity of the island. V„„ R ^ l"^ '"'l"'"'' ''""'^' ^^' ^'«°^n knowledge, of Gen. V a Rensselaer being absent from Navy Island between the 21st and Gen V.JIi "\ '"''-"".^ '^ '°' ^'^^^ '^^ ^"'^^ i|i(l |iiisoiu"r go iVoin Nii\ y IsIaiuJ, wIkmi he left — \\w .shorool" N<'w-Vork or ('aiiadiv f Ana. To Iho AumriottH nhoro. iSitth. Did you l(!iirn (w'twx \V. L. Mackcn/.io tlmt l«o wns on lnui tonus or milVinndly to prisoMcr, at ami licl'mt! |irist)iuM' WW Navy Island \ Ans. No I did nol. Suth, Did yon lonrn iVoni iMusonor vvliilo ho was on Navy I Mlund, that ho wuvs unfriendly to Ma«'kcn/.iu, oi" that ho had any ditloronco with him ? .'l».s'. No I did not. iS»7/j. l)oy*)U know that W. L. iMaokon/.ic had said lopiisonor on Navy Ishuul, that Ijo, Mackrn/.io, wishod prisonor to go oil" the Island, or doar out and It^avo ihcni, or words lo ilial olloiM \ Am. No, 1 do Uitl rooolloclany thing o( iho kind, 1 never heard it u)entiono n'(.M)ll(<('ti(tn ynHinnhiy. Sut/i. Willi, iliil llii)N(>iiii'ii iiliovdimiiKMl iufuini vvjUhihs, lurnisli- »mI fli(>Nn |noviHiniiN, hronght mm Navy InIiukI t Atis. I ilii nut krirtw whn riiniiHiM'd iIh-hc pruvif^iunH. 'I'lifmo rnon liilil nil! llitil lliny liiok llioni ill at .SuIiIomnoi-. tSiifh. Mof'H U'itiicHM Ntiy li(< riimr< (ill Niivv hlimd, not witli tlin iiitoiitioii, III- I'.ir till) |)Hi'|KiNo of joining llin Ibir^-h tliorn nt tlid tinn', iuhI that he was (l('l/iin»Ml tlicni n^aiiiHt Iijh will— mid dooM lio tnnau III lt!Ntily lliiit lnM-amn iiimn Navy JHlaiid incrfdy to gratify his ciiri- oHily, ui- ijiif hi' consider IhiiimcII' a |irisoiinr dutainrMl iijijaiiiHt liis will 'f Alls. I wont tlioro forilif! imriioHoof hot joinifiir li,,, ;,M,lv. (Jnii. Snlli(>rlanil told mo not to ninko inyMolf luifMiHy as I niigl't hIou A'itli liim in his (inailorN. I do niKaii M nay that I wuh dolr-iriod tlioro against my will. I do moan to nay that I wont to Navy hi Mid moro- ly to gratify my ciiriiiNily. I did ooMNidor inyNolf a prisonor, not iH'ing allowod to roliirn in tho li/mt, tlioro hoing a guard on tlio hoach who had ordorsfroni (i«Mi. Hiilliorland, Mr. (Jorlmnifind Mackon/ii!, to allow no |icr.soi: In loavo llio iHland without tli^y \mHHVi\ thorn. *S'//7/t. VVIuin did witncNH Inavo Navy iHlandi and iindor wimt I'ironmHlancos f Am. I loft it on tho 4th of January, in tho nbsonco of Mackfn- •/.it), hy nhfaiiiiiig loavo of (Joiionil Van UnnmNolnor, on condition of roiurningllial t^voning. Tho (ionoral told mo logo to (Captain Har- per, and ohliiin a piiNM from him, and hriiig if. to him, tho (ionr;ral, which I did and hi' approved it. t^uth. Did wiliii'KH hold any rank, or did ho o,\orc:i,so any oflico on Navy Island after prisoner loft tlioro : or was ho tlion and tlioro rankeil ahovo a private ? Aius. CJoneral Siiih(>rland said that I waa toad oh Adjutant, and ! did so through fear; and I continnud to act until a friend of JUaj, V reeland auur to the island, who was appointed to tho ollico, I be- ing displaced, in consei|uei)ce of not acting more efliciontly. <^iil/i. Did prisoner ever mak(! any threat to witness on Nnvy Islantl — if so, what was it and who was jni'scint ? Ans. No. Suth. Is witnoHsat this time n prisoner in tlii.s province, chnrgod with treason, or any other olli>nco ngainst IIim- Mii|eHty the (^uoon ol (neat IJritain : if so, has he Ikuui juomised, or rloes ho <;\|)oct a ropricvo or pardon, or any mitigation of tin; iienalties of his ollonco, III oon-^idera(iun of lii,-i fr-.Mtif\ ing on this trial agamst prisonijr ; or has he directly or iiidirijctly received any iiromise of honofit, orliope 20 of same reward, for so testifying on this trial— or do you exncct the Arts. I am a prisoner, hut do not know on what charge. I have not been so promised, nor have I been promised any fee or reward for so testifying, nor do I expect any. Suth. Has witness conversed with any person engage 1 with or m the trial or prosecution of this suit against prisoner, in relation to what ho should testify to on this trial, or in relation to what ho knew of the prisoner having been on Navy Island ; if so, wiih whom was the conversation, and what was the substance thereof— or had you any conversation with any other person besides the Judge Advocate on the subject contained in this question j if so, state with whom and the particulars of such conversation ? Ans. Yes. 1 had a conversation with the Judge Advocate ; he said that Gen. Sutherland was a prisoner and asked if I knew him. I said I did know him to have been on Navv Island part of the time I was there. He asked me if 1 was satisfied to give evidence against him, and I said I was. Nothing elsr passed as I recollect. 1 had no conversation with any one else on the subject. Suth, Was it customary or u '.al while prisoner was on Navy Island, to detain all persons who came there, and were those pre- vented from leaving without the consent of Gen. Van Rensselaer ? Ans. Not in all cases. Those who were on the island were pre- vented from leaving it without leave of Gen. Van Rensselaer, and Sutherland, Mr. Mackenzie,, Gorham and others. Sutk. Were other persons than witness who cameon Navy Island from motives of curiosity, as they alleged, detained there while wit- ness was on Navy Island— and were any of those persons so detain- ed, appointed to offic€«— if so, was such a course usual ? Ans. Ye3, there was one of them appointed to office, and he is- the only one I know of. The person so appointed! think was named Rogers. 1 know that he wanted to go back several times, but was prevented and threatened to be confined as a prisoner if he attempt- ed to getaway from the Island Suth. Was Rogers on the island when prisoner was there, and what office did he hold, and what countryman was he ? Ans. He was. He was told that he was to act in capacity of Sergeant, and he did act as Sergeant, and he was compelled to do so. He belonged to Canada, the man told me he was fr^m near Chippewa in Upper Canada. I have to add, that I have no knowledge myself of what county he was a native. Suth. You stated that you were afraid to leave Navy Island, what reason had you to be afraid. iln* The orders on the Island were !hat any person lea\ iT»g t/ie I «7 island wiiliout kavc wos to be fired on, if they did not rcturp wlien ordered. " «mM. Has not witness hear which I shall, at the proper time, endeavour to show. When the second objection was raised, which was to the Presi- dent of this Court, it was not intended ay captious, it was made under the full impression that he had never acted on a previous court of kind, and therefore not the best qualified for the discharge of so im- portant and responsible a situation ; my objection was overruled, and so it was in the case of Gen. Belford, on Lord George Sack- vilb's trial— and he, as it is observed in Adye on Courts Martial, m folio 117 with icty declined w . . ^ ing as a member.* The tliird of these objections, the only one entered on your minutes by the Judge Advocate was over-ruled as well as the two preceeding. By the only provincial law as I conceive applicable to this case (49, Gee. 3d C. 1— Sec. 23) it is provided "That no officer serving in any of His Majesty's other forces shall sit in any Court Martial," &o. and the same section adds, " upon the trial of any officer or private man servingin the Militia," Evidently proving that no others than subjects were deemed amenable to such' a court. If there wore any doubts that others, than subjects, were meant to be made tnus liable to such a court, the first clause of said section would remove it, for constituting the court, it provides that " The Governor &c. upon complaint and application to him m.ade, througli the Colonel or officer commanding the body of Militia to which the party accused may belong, shall issue his order to the said com- mandmg officer to assemble a General Court Martial," &c. After having been over-ruled by you in all my objections, I pro- ceeded to urge several pleas in Bar (which 1 was sustained in, by acknowledged authorities. See Tytler page 243) to the further prosecution of this trial, which pleas the Court then refused to re- ceive at the same time informing me that, if the pleas were available, they might be urged on my defence, as well as any further objections I^ehose to raise to these proceedings. I therefore pleaded " not Guilty" to the charge. The Court will then allow mo in as brief a manner as possible, to bring forward such other and further pleas and o" jections as I may have to urge, the substance of some of which I may remark, I had suggested to you before my plea of " not Guilty" was recorded. I now respectfully urge and insist that this court composed as it is of only nine members, does not consist of the member of officers required by the laws of this Province under which its Constitution can alone be recognized. The .rst part of Sec. 23. C. 1—48 Geo. iii, declares -Mhat the Court Martial shall consist of a President who shall be a field officer, and twelve other commissioned officers of the Militia." It is conceded that by an act of this Province passed in the first year of Her present Majesty's reign, it is provided by the 32d Sec. * By the common law of England, though jurors may be challenged, the judges or justices cannot ; but in the courts where the proceedings are car- ried on, according to the civil and canon laws, the judges, who, hke the mem- bers of courts martial, are also judges of facts, may be challenged. And they commonly, of their own accord, decline sitting as judges in a cause wher^ Ihey may be supposed to be under the least bias or partiality to one side or the other.— 1 Coke's Inst. fol. 294-677. 5 at fhrn-of, '• that llin Court Miirliiil simll consist uf a rrcsidfiil wlir ■Imii bo a lii'Iil oHicor, nini not Ipbs thnn right ntlirr conunissionnd officorn of tlio Mililiiv." Hnt tins law was not in I'xiHti'iu-n when thin highly |H3nnl, and as I titncrivo unconstiliilioiial " Act"' nmltr which I an> hero Iwing tried was paasrul. Thift »' Ad'' now t\rH. cribcd and known as the "Militia I^aw oC this I'rovinro" only hc- canio a law on iho nixlh day of IMarcli last, past two days alter I be- canjo a prisoner. To fry na- inuItT this law, lor an allrd^n-d olli-nee, charged to have been «'.oniinitl(Ml, long before llie |)a.ssage ol' llm law, wonid be, aa I conceive, giving it a retrospeelivt! elleel, lor which no precedent can bo (bund in Hrilinh Legislatii.n, or Hrilisb Juris- prndonco, and tlireelly in eontravenlion of Ihe provisions and inlon- tionsorihe conHtitnled charier of the liberli(^s o!' iIk) People — and fo ine nKmlinjaHt. It is enacted by aMtn-o. iii.C. IM, That tho Cl.rk of Pavliajnenl shall indorse on every AtM the time it receives the Hoyal assent, which endorsement shall be taken to be a part of lb(> Act — and to he the date ol'its comnuMu;enuMit where no other is provided, Cited t» Mac. 'M\. ll is in the general true, thai no ntatute is lo have a retrospect be- yond the time of its connnencenKm; ; lor tin- rule and law ol' Parlia- ment is that, " nova ct)nsiitutis i'utn ris tbronani del'et emponeii iion pvaclorites" — a new law ought to |)Iaoe its mandate (on«'bt to be in- forccil) for the lutnro — to me(>t future coMlmgencies or events — not thoao that are pa*!' Hoc. '2— -Mod. H. MIO, (Jilmore vs. the lOxr. of {Shorter. This case arose upon a promis*^ made betbre Ihr 'Jltb of Jime 1(577, an action was brought against the ivxeciitors - and the ipicstion was whether the pronnse, it not being \\\ writing, was within 'J!Hh, ('. ii, C. iii, whereby it is enactoti that from and al'liM- the 'ilth of .lune 1077, no action .shall lKU)rought vVc, (in certain cases tin rein men- tioned,) unless in writing signed. The court said it cannot b(> pre- sented that the st!itut(Mvas to hav(> a n>trospect, so as to talo^ away a right of action which the rill* was entitled to, before the time of its commencement, cited in Mac. 0, Vol. :nO. So in my case, on the lib of i\I;irch I was captured, ami am now nndergv>ing trial upon a charge und(ftht< Ivlth of .Ian- nary preceding. 1 was then entiilctl to a court oi' t/iir(r<>uiinii/>n-s, corresponding \o the twelve .lurors of the civil law, instead of this court consisting of but»/;if memhcrii, organi/.(Ml undir a law not in existence when the otV ♦♦rhfirtn^ i»rofor''" tVc, which is not dono. I also respectfully ohj,.,;! that the ♦'charge!" is not siifllciently specific in as nuich MS it omits time or place, which are material omissions, seo foho 'ill and '215 Tytler on Martial Iwiw. The tirst section of tho "act" passed Pith January, now under consid(>ration, was intended to punish (if tho I.ogislaniro of this Pro- vince had a right to pass such a law) certain foreigners who after tho passing of that act, were in arms within this Province with trai- tm-ous suhjects of Her Majesty. The preamble of this act proves what fonugners were meant and intendcid hy the "act," as foroign- ors from the Stale of N(;w-Yorlc invading' this Province from tho State of New-York — not intending to provide for such as might in- Viulr from Aiiiliiuiia or Kentucky. Invasion from New-York only was in contomjilation at tho passing of the "act," it is notorioug Ihl ill 3d I that there was no hostile assemblage of men from one extreme of Upper Canada lo the other — except at JN'avy IslanJ, u point conter- minous upon the State of New-York, (a party at Bois I^lanc having been previously dispersed) in that direction, (Navy Island) was iho mischief, and to meet it was tiie object of this act ; now, when 1 was arrested I was peaceably and quietly crossing from Michigan to the State of Ohio — nut coming from the Slate of New-York to Upper Canada, as the law contemj)lated -the cause which moved the Le- gislature to enact a law, is always to betaken into consideration — (see Black. Com. 1, vol. 61,) and I refer to the same authority when I deny that the statute intended to provide for any other case, than one, where the foreigners were in arms in hostile array joined to and combined with otliers, being traitorous subjects of Her Majesty, as citizens of the United States, who owe no allegiance to the Gov- ernmeniof Great Britain or obedience to her laws, could not be of themselves disconnected with Her Majesty's Subjects, traitorously in arms against Her Majesty, as expressed by the act ; and 1 challenge any ordinance to shew such a case as will bring me within the spirit or meaning of the law. I have already before urged that I am not within its letter. If these objections therefore, must be conceded to be good, then the whole prosecution thereby falls to the ground. 1 come now to the consideration of an objec\ion to those proceed- ings against me, of the greatest magnitude — involving questions of the deepest concern, not merely to the subjects of Her Majesty — but afiecting the rights, liberties, and lives, of'citizens of free and inde- pendent states. That this " act" of the provincial Parliament of this Province of of the 12th of January, is unconstitutional, and not authorised or founded on any delegated authority of the parent state to constitute it a law, 1 do most respectfully protest, urge and insist ; and if I occupy some length of time in "the consideration of this plea, I trust Its importance to me, as well as others similarly situated, will be a sufficient apology. Allow me to ask can it be otherwise conceded, that an " act or law afiecting the rights of foreigners can only ema- nate from the parent state ; if even from such sovereign state it may, 1 contend that a case like mine with all the charges intended to have alleged, fully and sufficiently proved, which however I do most posi- tively deny having been so done — is only for negotiation between Great Britain and the United States of America, of which I am recog- nised to be a citizen. If the province of Upper Canada has a right to enact or create such a law as this " act" of the 12th of January, under which you now profess to try me — so has all or any of Her Majesty's forty colo- nies equal privileges ; the exercise of such privileges it is however 37 tutional actor tlurcob, v T r '^ "ff^'^''^ ^^ /"^' that the con.ti. o pjuviut-o uitit It snail at al imcs he rt-c tn fT;« M..;,.,,* ? .he most ccnmon ,|oali„gs of mankind an answer wiH be foind ces .hereof, as .be inhabitants w[.Wn the realm selrH"''"?" vol. 2, page 353, cited in Clark's coloniaT "v' ?ol 47 I?'''''' restric ion imnosod liv thn r^„^ ? • . ' ^'- ^* 's a that the lawsTade in . o colonv Z I ^1"""'™ "'"' '"^""'i""^- of Enshn,! Ti, . ^'""7 ^"'>'l ™t bo repugnant to the laws IV ''S'""i,. Vr" '■'=? "'="0" "^ enlbreed by stitule 3 and 4! Wm case of Lower cfa":: estaVl'- h^'^ri^!^:;"', V'^c fo ^Z *^ beenass'^|r,t^iCirr;e7t"'p::!„~^^^^^ bTt =f retrt'rr" "''- '^^" """"^^'' '° ha^vre^:!:,^-', w,>h K„ """S"! "» "' 'reaiie» should not be touched or interfered with by so subordinate a power as the legislature of thL province 38 To prrvcrit iho {■ossibility of this colony having the means of iri- voUingor jeopardisi.ig the interests of the supreme state by the 31st section of llio .same act, it is declared that whenever any bill, &c. shall have been assented to in Tlis IMaj(;sty's name by the Governor, &c. it shall be lawful for His Majesty, within two years after such bdl shall have been received by one of the principal secretaries of state, to declare his disallowance of such bill. Then can it be con- ceived for a moment that a i'rovincial jiill affecting the lives of toreigucrs, and in deliance of solemn treaties, would be allowed to become a law. in fact it may bo at this very time disallowed, yet if this court should pass sentence against me under it, and I suffer its penalties, where is my redress '? in addition to the objections already taken, I would further respect- fully urge and insist, that neither the militia act of Geo. III. c. 48, or the "act" parsed the 6!h of March, have or had in contempla- tion the trial of any others than militia men or oflicers of the militia of this province. The oath required in each of these " acts" to be administered by the Judge Advocate, and which was administered by the Judge Advocate to each member of this Court Martial, is in the following words : " You A. B. do swear that you will administer justice to the best of your understanding in the matter now before you, according to the evidence and the militia laws now in force in this province, without partiality, favor or afFection," &c. What sections of either of those militia laws, have I infringed or became liable to trial under — can the acJt (passed Jan. 12, 1838,) under which I am now being tried, be called a militia law ? I read at the head of the paper, jjurpoiting to be a copy, lurnishcd me — that it is "An act to protect the inhr.bitants of tliis province against lawless aggres- sions i'rom the subjects of foreign countries at peace with Her Majesty." The title given it, without looking into the body of the " act"' proves the contrary ; then can the oath you have taken be at all binding '? Not in the least, lor justice in Courts — as it has been remarked by Chan. Eldon, a very learned and able English jurist, is not the mere sec vole of a Judge or tribunal, but right, measured by the law, and you have no such law as mentioned in the oath you have taken, by which to judge me or my acts. A public statute rcfjuires no proof, St;) vkie's evidence, 1 vol. 163. It is defined to be one, when it affects all iho kings subjects. Am I not a foreigner — and as this act we are considering aflects me, ano not Her JMajesty's subjects, must it not be looked upon as a private act 1 It is not declared a " public act" even if such declaration could make it one. Then to have commencec' the proof in this matter lega,i.y, a properly authenticated copy (upon oath) of said act of he 12th of Jan., should have been produced to this court as s:) !he first .step. ii,u Ihishas not boon ,l„no, ru„I wliat cvicbncr I,v„ violent. Among otl.ori. ll,o presu„,|,iio„ ii,„t ovcrv on ,.1.^^^ citizon or subject knows tho i,i v.howovor i^no-nn M ' ^ " his resi,Ienoe fro. ,bc l.w n^aldng ,,lac;VL".: ,t, Si^u.^rnt VRbml boniga subJL-ct of tho count v. novo,- c-^vo n v £ r reproscntativo who may have assi..,od in n akiS the CJ^S from bis poverty, or other reason, ha,l no vole t, ri o ." ,■' . on however violent in ,h°e above ca^o and a iparen"' uni'.TsT™'"" It, I urge, bectencJed to the citizen of a foS cnumr? I ' "','" aiiigiri": j'"^='^"^'' "' '»" i' '" p---dfhat™,e'; o' o '; act, and must bo proved in the usual n^nner, by the nroduclion of a propcrlj- authentical 1 copy. ^ l^ioJucUon oi I w I ho ; ^ ^' ^ ' ^"f.'^^^^'" Clark', colonial luw,folio 01 J. Macau ly m n inut.es of proceedings of this Court. 1 might have been within a mile and a half of the Can-id-i ^hnm 1 now except to and respectfully protest apiin^t tJ.o .our-r -r^-^f M .'hVti,^er»r.i,:t:u7,f^^^^^^^^^ macauiiy, touive\or General, was called on the 40 I \y.\\\ itl" ihc prnsliilMlfMl |irMrr«j^)|n^^ lit hIhmv iIu» l»<<»mil(irv linr ImMucimi tliin I'litvinco mihI llin l'nilf'(l Si;il('-», nml mIVt nil tlt'M'vitlciH'o ln> «MMiltl f'.i\" <'H llif pnrl of llin proRiMMition liml i'lost>t|, I \V!H (lrsinni«« to -ihnw l.v i\ frtmorMuninn- tioM of tl\iv wilM'-MT. inrmv iiuini-j imiwM'! id to my (It'd'urt' • ttniitng otlii'rs, ihMt l!n' iliviilnifr Imc mink'MJ nti tin* nuipM |tniiliii«c>(| wnn im-Mr- ivo.l tuul «M'r«»ii(MMiH— Mini llint witiu'MM Knew lillli' or nothm|r ol" iIh> \m«M'ii'nn 5ilmr»'. nn»l lliiMrroi't> (mmiM not pnMcnd Im Nny wlicro ihr (lividinjr lini< Mriunllv whm lM>t\vr.-n llu' two coimliifN ut the plmM- ol" . I vol. nml in iniinv oIIhm- tiniliorilio'i I might »|Uotp. Yonr I'lcsiilonl rtdnscil me iIiim n^',1''. "Iim'Ii I now nlleij<' to Ito error m these |Mt>eee(lings, nireeling the inerit«< ol' the OiUlsc. I nm i\lso hor.nd to exeepl to, :\nd enter my proleNf ngiiinst the pr<>oeodingsi of thisConrt MurlinI on nnother point. A pnper pnr- portinjr to have eonliiined the snhNlunee ol' i\n jidmission or exami- nation said to have heen taken before Colonel j'rmee and others, majrislralf's of the Western Dislriel of this provinoo, was prodntu'd fiiKlivatl ; and when tlu^ Judge Advooiite had elosed his examina- tion of Mr. I'rinee. I was dc^sirons to eross (>\amine him, ns to the admissions made on that oeeasion. and to ohiain the whole ol" thosn admissions. 1 was then stopped hy the rresideni, and d«ment or deela- ration mnst he reeeived — the pari whieii op(>rates lor him, as well as that whieh malv(\s against him. 'i \U\i\ Ahr. lol. (i(M. to liie fMirne ctleot. 1 would Tarther rospeetrnlly «^xeepl ami protest, that the pap«>r pro- duerd purporting to he my examination or admissitm, ought not to hav(> heen read.'heeause I had not signed it. nor was there any evi- dence that I wasealled up«tn lo sign il, and had ohjeoled or refused. Se(> 'M Hae. (»()J, .\s authority on tl\is|)oint. Tho onlv motive an .aeousod person oan havt^ for making a con- tossioM of anv faet or eireumstanee whieh should mililal(< against hinn is a v'onseiousness that the wlioio truth of the faels and cireum- staneos eonueoted with the charges against him, would he hotter received hy honorable men, than a denial of such facts and circum- stances as mav he rea.sonahly snppos(Ml to (>xist, while \w admits that which goes to his (^\cus(\" lleucc the v\\\o whenever any pJirt of a prisoner's confession be given iiunidcnec against him, the whole irmst be takr-n without enquiring whet!»er every partof snich c«>nfe.s- sion bo rcloviint or not, otherwise than that il is a part of tho priso- 11 M-'. : .•o.,lr..i„M. T,.vM,yll,i.,„lMhnv.Mln„..„|,||MMUVnn,!.„.nM !in' riglif III iln> Mt'rinrd. I " ""tV..n.nvM.Ml.Mlfl,.. ,.Um „ml nl.jn,.,,,,,.. I Im.V. (.M.rKn i„ |,„r ;""""•: M;'"""""MV<..K"u,m „„.. nl.irl, vu,, I.MVMPvnrr„m-r..Mln,| .J..n.,,l,f,o,lu n., IMS, ..v.lH,. ,nn.|||.,vnMwili;,ll.. L r»U «.. .y.nmh Hm.I I „.,w „u.m| ,.n,n...flv bnli.'vn I |„u.. ,ni.,.,| , |. I .oVMH..,, HM.I MH w u,l nv,., «h,.ll I. .1...... I.y yu,,. or Mr,' I. , ;; ' 7/'' '•""""'■• "" "• ••'— 'i-K >•-,.•, I '--.nl ,|„, whin , :;:;;v:;:;i::''' " " • ^ "• -■,, .ih..,!,!.,,,,,;;.,..!"!,; I'MH..., ,,n,v,n,.n,,.i,|,.,.||,n(n.,l,,,M.nv..r,lM|,M I'nnrn m,m| IVuUuv .'. ^"-^ ;''' w.linn Ih. |„,„(-. or fl.is ,,r.,vuM.. | wmm in urn « m,. ^M,.! ..Mtv, l.nM,,n.,„i.,l,lH,l..,Ml,n.,l. oC Mnnl.in.t. ^ v.,ro fmvrll.np,,, r ... Hl,nrr,.nr !.„l,.. lOri,. IVu,,, (IumIu-M (o A,„l„.r.U ' '.v/.mr nro .,/,,rrfs n„ fhr irr.^^ ('M,.,„iM dir. y l.-slilicH fl.al ', H ! <..v,MKM..n .n.ln(.nyMr.h A,„l,P,M»lM,rKl.. M.ny •,li.,.ovon.,| ll„. ,w' V ... h flu.y l.n,ls.;Pn al «„ grrnt a ,|i.(M,M-,. on ll.o iro l„ |,„ ,„., , il l"'f '. •■•"HMMVing (l„.,„ („ Ik. ,.,mVs. (:<,!. Pri,,,.,. will, in,, (VpsI, hmnol an, HicMghs. u„l. a Mr. MaKg-Mty wnnt in p.rs.ul. 1 1,:, C.l |' i , . . t"Mt,(„.M ho pmvM.I.Ml on (',,,,1. (iirly ,„ ron.ain whom |,o ,v J i, ! OHMS.. |„. wMs nnvv.ll an.l Ium l.urscH (ir..!. C,,,,, (;i,,y ,„,ii|i„^ „„^^ '•';; '<"•" .-w ...Mn..nfH hM|,.,l,„, ,1,0 ,.|„,o will, \u.LnrU, JZ 1..; thouKl.i ho ,l,M..,vor...hlM.,..rsnnM rnnnn,;;, ho ,lr<.vo aW I 'n '' I..S .« r.n„ar uhlo a.sCol. Prinoo ha.l hy .1.; .os.inuM.y ,, \, L ;l'"v.> ..II ra,.i. ly w,(|, hv., (roMJ, sloighsan.! hnrson, anrJCapt. (i.rlv '"^'i 'vmM,no,||,ooanso his loam was tiro.l, an.l Col. Prinno who w». "^mrMm' olr'''^ .., w„h n.c and n.y ..on.pani.-n, .na';;::;; «'i"i^v ,nat wo ran oiio .sion. ZlJT • ;■• f!'""^^"v'":' •''"'^•''^ "«'" '•""' tf-two,ii,uo .<7i^,i,r,„„j^ „/,„«, „„;. „,,.„ A„.v,m'.v.v, 01, our own so,/ ? «' us ho further test.htvsul lu« uw.. accord, fhnt I al tho .nomonl - chargrd hi n w 1 havaig captured rny.elfaiid companion on the Am.fioan waTerT '' 6 i«i Col, I'HHt't' ]\r\v nl'iM |t"4tiii'Ml Uini \\\\t'\\ utiliiii iiMi' Ittimlit'il ^riMU ol" no In* li"l^ l»H '•li'inli t\\\\\ iIivi'iIimI liim-itll nl hit f't.^(,^/i tiiiil i\ toviii Siut'f* « hji'h l»t> riMiM'tl, mill jtiUHniMl ii«» njoni' uii'ilii. unit, nml iIimI tv^l nnlil rtlV'V hrtviiiH ilniii' Hmliil In- ^l'^n^ni p « I- I I \\ici tjuit linn hrtving ili-Jt'iMiMi'il lliiu inv «'nin|Hin(iiii iiinl nnHi«H litnl iwmhJ!, In h^iOi nnnn iVmu inr, mul iir-iiuMl iMi, lliifi|iiii\ ulm Iii> -tiivM uni With hiin 111 il;\i'M| niv nnn|Muii"H III liiM fuuMil, iiml Imlh nl uliii'h ho t liml iiii\ liii> iirniM iilmiil \]n" iliMl " \\i' !«i>Anii'il linn Wi- hml nm, mnl iluil In- inlil n • ilmt lie wnnlil bi> ««miM(inl w iili iliiil fi«j«»nrnin"r, tunl \niMlil iiui Mi'inrli in ' '" Ni^v, liow onn llu» rninlnri nl WA. Piiiii'i' lip ni'i-.iiiiiinl lor in novn^iUinp nu^i'U' unil oonuininnii in pitM-^ willnml |ii •loint'lit'tl for liro m ni", w Iiimi I'lnin i»uf\lii Iip Kiu'W , fMM'|»( I'lnin nni i\\\ n \^ omIm, wo \\\'\v I Ion 111 \ Miini'il u illi ill! K ; ;inil msinl^ nmli'i nni ilniilm irmly loilt»«lnv linn imhI ln«« ooinptinion- iU llio I'h'jI nnnniinli'il inmnonl. On! ho oonooivo in\ wmil jroml soonnlv Ini ilm snl'iiv nl lij'i Ijir ni mioh n inno >\ l\on no plo\\o•s^ wi-inM ho )nnnriii\niiisi pisinl nr ilJiK •nil ilishohovii ino, whon I loM lorn wp wpip VniPiiPiui riii.pim on Ah'ioi lortn ^r\ninil ' NVhih' I «io inOHl snionnilv liri'V iho " nlinijjo" nl" lui\ nif^ ln'rli III nvni" wiiinn ihis Piox inoo n}(uinMi I Im Mn|rsi\ , phIum imiipil w jtli m wilhoin nn\ olhov 'Mhip>»I\ '« siihiPcH whn Inno liomi InnlniniHlv in Rvin< fi^iuii'-l Hov Aliiio-^iy siiu'o ilio I'.MIi ilm ol' liiiniiii \ |H;m, ii nvvy no! ho unpvopvM- (ov mo hoiv lo sttito, ilmi lifmiifr hnpii Inr n shiM'l Inno o«MinooiiMl with snino poismis \\\\n upiopxorling lliPin wilvv-* lo givo oonnlonnnop nml In «,if»tiun w vovnlnlionni'V n.tiiv in ihjj* l*i»vim>o, holoo' iho r*lh (Im\ nl' .hiniitu \ mi nr nhmii tlio Bill %\<\\ o(" l'ol>in;ny In-'l \ ii'^;nl\oil In htwo nnllniij) iiinio In tin uilli llip srtui poiHons \vhnrtvt» Unnvvu hy iho niuno of I'ntiiols on iho (Vonlioi ol'iho I'nilt^d Sinton. Al ihis (iino I \vi\>< m ilio ni\ n|' ppirnil nml n>nvi«»niv in^v\j3;n«linn nv (li^snhiiion (iiiiniho l'tiinnl<« Kimwii, io< woll «s n «h'loinnn!\lion whioli I hn»i onioniunod in ooin|iilo miiiI piihlish ii Kv>k in whioh I pl^^|^oso lir«t «inv ol" lV*ty>inhor Irtsl, nwA I'nv whioh >vork \ hinlnlvondv sponl Honio tinv in pi\>oiinn»3; nooossnvv inrnnnnnnn nml ilnoinnonls, nml hml WftiK'' my {\vr«ngonun^r- lo pixH'ot^l I'nsi rinin PoiioiM'ni ilinl piir- \>»>!!t'. H,"^ving piwnnnl n privrtio ooinoynnoo Irnin Holroii lo To- l(>vi»\ iM\iv>. 1 put \\\o piuuMpn! pavt of my hnggntfo into thnoarringo »i\ whioh \ Wftsto pnvNHvi ; nfioi hrtMng »inno so 1 wns nno\po»Medly ^^^t.-Mmni and the p<>vsou who was to convv v vup to roli^io wont oil with mv h.'%i3iracs> r»\M« V»«nr.Mt. In n short tn\\*» 1 ri^llnyvoi^, o\ IM rHln« »o ill..) f„y l.ri«Kn«M nf 'Cnl.,!,,. M..f ,vI,mm | nrrivcl Dii.rn •• "7 ;""l"''''; I Inim.l It... |M.,Mnii uIm, |„mI l.,uu«l.f i( frr.m iMroK lirii )•> It III M..III... I...... I... I ii . . n,. . . iltj', iIiIm I I'llllKifil III l\| llljllc'l fill lii\ rjulli lllni-, M |ihi'i> ln-hvfw M M.lM.il .111,1 TmIciI (1 5 iiM n-nrn- 11 t"l'l. tlMlnlll|lil||Li ill VmIiIi- ((» (lie, I """;',"• |""''"l( Ml i„y Uni'JVHV'^ vvliirl. ,.„u ' "M, |ifivi|l.. (lM|lflM, Mini mIImT VfllllfllllM •tilid " M NMiMPU'liMl iiM|i(irhifil niiiiiiitil, MM my Mrrivril at "••'I in'liiiliii|. iiImhii „|| i„v iivfiilnl.li' |ii;;.n|M., I |.n immmmliI luVMi-lf of U"^\\ n«'M»l.i(lx lliK .'IIIII....II rum iiMlivi;|.mlM, wImiImmI Iiumi ,.,. I«l'>t. Miv |ii.ij.iMi\, Mild Ituik mil |iiiir-»MM liir Imm i.C || U llMlll li'MI IH'I w .1 K'M I III |i\,i|| Ml jlilldil I llMil jM.ii.. I., jli.trujl fiilit |iliir>fiM|i.|| tl M v\y liilhiii^i ( whi.li I liMil vvill M'rn in (.iirMUil. .^M|r|.|'..|i,.(| Ml IcrnVMrill/r n frw Mllirll IN I mn nlli'li I WflM ciililllfi.rl |,y Col. I'HiMM..) Wliil.. I u,H Mt hHii.il l|,n In,, iiwli i.l.inl.i wlm ImhI |M.«.Hl.«,^;Mn 1.1 Ihx ^fiHli.r pnil nf my |.|H|„.,|y ||,.,| |V„M, II foU IIKlM Mull till., oil tiMMl.Mi ;iii«, M i»' ';ily »'nnt '" '""'" lliinii^rli niiio. Ilnvin^ IfMHinil my r^|i.-iifi.i, nhn UMM .MiiliiiPil Willi ir.n mimI wIki lin'd gIVi'll llli< liiilii'i* nC Miiiiin nj" llm (nrln mI »hI Ilin Ri'rviiMiq to nm'\H{ mi' in ijs'ovt HiVf nIiiIcI, hndly V'.limir 'or- Minv II li-ninril (hill iliM iniliviiliiiilM wlm Imil (Ti.,| \vill ny |imji(Mly, and lifivin^ IMiiinpnl ..CuIk.i,, ufiMuiM- ClimlfH (}. I rinli, Jr. of || lllln, fiilil r.ir uliniii I IiihI ImIu It fl |.i,.c(...., 1,1. 1 nslicii o(* (lii> |M>Mi'n Ml Mum wy |iro|if'rly (tlio I" ('My ftf HiiC ''i:m (iiir) MiirlMii, i\ , Mini which Hfiiil (irnfrsfl jm nnw ih tl mn.!« ol a imlin. nil,,.,,,, jn llm rily of Drhuil) |m,| |„|<,.„ j} f(i Iho .'I\m| ill n Wllfr.ili hy ih, tliiMhv ill ( Miin, 1(1 wlii.'h ImmI m; 10 roulo ••riVi.m hi'lniit, thn (iJMi n u14v.11 l.ydii. wfiy .,r J'rnyNhiiiT, "»i'l liowor Hnn- iii.'iiiii.iii'.l |»|,,,.n hy Iho roiiln wpokiMi i\fuy \^ ••MfmiMliil Ml i;iO tiiil(««, whilo in tt tlli-ni't tiim iinrtisH thn h<-;i.l vnivrn ..I' LmIi., f;,),., JVuni'l .Mv.M^SMii.hiNKy il ruuhl hi. no iiMirn Hum 70 milow, runl nnrl IVMfl. II rii KU.iiiiy with f\lr. M|...|M»«r I hnd n-Milil vpynmv l.. ( iihmli.i. \\||,.|, | univt'i I tl mo K'lC Ml hapfl ) y pruciirfwl n cnit- Hji 10 r. t^iicncnr mi Ivis^d I"'"; ' '■'•"•" ll'i'l I'lnriMu^ruHs ihf. j,.,. on fool lo l,ow.>r San- diisky t\H the must (M'lliiiii 1 nitr |tru|)niy, MR lin inroinii'd mn hi> had I tiinr (d taking llu. pf.rsun who had my M'fn acifjsH (III tlip ion, und WMN woll ac.|ii,ni,|,.d Willi thu r.Milu, ami Ihal hy lakiiiK tl lout, wp ruiild iiul Cad I »f> icn on would ho poHMihlt! for iho porauns lor whoi arrivd nl Lower .Maiid"i!nli y Hoonor than it yy inliMropt thorn in llioir flight. llrdiovinK sind tlioiol inusf liiudy iiiniinor of n-co Torinp to (Muuluct nu» iiorosa tl II wo worn in pnrHuit, and I n 0011 r«o thn voring my proporty nnd Mr. .'^pnncor of- ico, directly an prupo«ed, to Lower 11 SniiiiusKy, I (vrctM-ilinglv t'onsriilfil to ilit< immiinc Iiv Iniii immjhim'iI niul IcH <<'ilnnl(<'r will) liiin nl nlxuii I'l u'rl.u'k IM. mi (lie 'llh ol IVIsn-rh In^i, inxl pMsst^l down ilir h-'iul o| tlic laKc, on (lio AiiHMirnn .'nH or Huhjools ol* nny olhor oonnlry. or nnv olhm- li siud Provinoo. oiihor in Ciinii- t.n or in Iho I'nilril StiUo'' — nnd 1 hnd no intontion ofgomfr into nnv partoriho rnnnh-oof I'ppor Cinndn. orncMnr to it thmi was nu- ooss.ny Cor mo to go in pnssntg I'lom (Mhrallor in I\Iiohi^)!in to liowor {^andnsKy ui Ohio lownrds which phioo wo wcro Iravtdliiifr wlioit raplnn^d. My ornts woiv thon iind nro now to iho honl id" my HnowI(>d|ji> i\l ToIimIo and fh<> t>ld swords Mr. SjHMioor and nivsolf had with ns, woro in onr possession moro iVom the circuniHlanro o\ haxing hy ohanoo pat our hands on thorn, than (Voin any «)thor iHotiv«\ li max ho aignrd ihongh no fividoiu'o oltho Kind has hoon oHovod h(M'o. that I might havo boon on my wav lo IVdiMshuid, or rudoavoriiig (o r(>oon»ioitro thoCanada shoi-o. VUo (irrl is iniproha- Ido. |\m' with tht> I'oroo on iho islard I novor hail ooiino\ion, and at tho timo 1 N'l'tOotnMt it was gonorallv known (hat tlio Vatnot loroo had hr«M\dri\on oll'hy \onr troops. What was thon Iho nhjool m pro- cooding ihiduM' f Tho Canada shi)ro to wdiioh I wasop|uiMilo had noth- ing to attvaot mo. ihoro hoing noithor a party nor armod hoihos of n\on, or iVi, vvn.s ihn.. uny Ihing l,lu, .r^siHlMn.-c, Mftornplml, a|. Ilinll^ii I rlniliHMl In Im> oh ill.' Noil of Miy cnimlry i Cul. rmKM.fui.l r,,,,!. <;ir(y I.Mvn iK.lh InHiirKMl ilmilwMsrnp- '"•<• the ice such an oxiMnd, 111 ilsheinglhrowu up iu several plnccM and therefV.re difficult of cr(,Nsmg~oril I mcnuliously HhoiiJd happen to .stray across thi.s lino —and willmut hemg in ,.o,npany with tniilnrouH IhHiHk Huhjr.r.lx a« rr-iuired hy (hn m Ad," wilJKHit any overt act (d" hostility heingprov- iMl in aiiv manne,-, am I to he Huhjcct to the pains and penalties of IhiH I rovmcml Ntiituie under which 1 am arraigned '\ Agiiin, supuos(. I had heen captuivd at the head of and connected witl, an arm(>(l loirc of a thouHand men, within this IVovinco, wour- ing fio wrnpnii u,M>ii my pei-soi, and hut a upv-gluHs in my hand— OHild It ho dr«(>n ns iiTmli, Iml (lisooiMirrliMl \\\[\\ iiny nmind lort'c or liody oi" nirii, who pIkmiIiI snv ••I wn« ill nnnn nguiiifl lloi MnjcHly, in iIhm I'lovinccn" \n\\ niighl fiH woll (nik olH i'liild's licing in nrniy ngnirtsi ila |ini(>nls willi a trn !«po(»n ! 'V\u\ oUJmu'o inlonilpil (»» lir cii'iifcil uinlcr tliiH " Art" by xvliit'h y«Mi now piorcss lo try \\\r, \h nol llic mnn' wcininfr ol' ti puokrt |)i«fol, or villiiT nnuN upon llio person, Iml llio ncl oi" lining joined Rnd v'onnoelod wilh tin nrnifMl body of ninn, ronipelent lo rn- f>if>l the nnlliority (d' ihn Ijnocn — of ut jonsl with Iho ninmrcHl inlrnl ol' so doing. t)n bin direct (>\Mnni\f\lion (^iLnnd I'rinee lutf^ lemtilied ihul ni ihn \mw I wnn enptnit'd Ity him nfler I hnd Hinled •' we were Amerieun oitiy.rns going about our business,'* lie had replied llmt AnierieiuiM !md no business there in those limes, lo which I then Hdid " I wns g«)ing to Lower Hnndusky to «'ndenvor lo inlereept son\e persons who had (ttolen s»»nm iut)n<'v I'roni n»o nml my elotheM and valiso whilo I was in Monroe." Now any slalenu'uls niade liy m(? at thn timo of my nrwst could nol hrj giv n in evidenre by nio on my do- t'ence. Sueh statements oouM oidy as they have in this case I'^gally be aiUlnciMJ lime I wascnplMred I was one mile this side ol'the line leading lo Sandusky -and that my steps were then directed hnvards ihc Canada shore — that a lino lead- ing from when' I was captu <'d to Sandusky would run in n. south- ti'rstrrJy course as I'ar as he «'ou'd judge and that I was going in a course about south-casbM-Jy — he thinks -and if I had pursiieil ihe course 1 bad l)c«>n travelling f would have been on th(^ Canada shore in alxmt half an hour! !bit by referring to the nui|>s which have Ihvu hew produced, you will liiul that a line drawn from any point near where Col. Triuce has slatetl I was captured running in a south- westerly direction, wowUl never reach Sandusky or Lower Sand' ky. And you will also lind on such examination that if I was travelling in a course about south easterly, as ho test i lied I was wIkmi cap- tured. I was going on alxMit a direct line /ewvin/.v Sdinlusky which lies in a southeasi diixiction from where we were and on as direct a T»ute as I could pursue towanls liO^ver Sandusky, and that such a course would never have taken us to the (Canada shore. As to tb.e c-.>i!rse we were travelling whoti captured by him. Col. Prince incorrect as to its being a south-east cour.ie. In this ho had something to guide his judgment, llo pursued us in tho same di- 47 r.KMi.)ii wo wofn |.iirHUing, nri.l Mkmo wnn Mm luiglil hum to {,.,'1 |„,„ Ihn »«\ mldun'tl on Miic iiinl. H'tliiH is n iMiurl iiiMiilnl'il Itv \i\\\\ whii'b i-itolx' ^iniMMiMhM iN ilci'isinn In lie •oiiNliluii'iJ lmv> n( iht> Irtntl.n'i I h\iM» ii io, luul i'^ mnv i|ii|t(Ki«i| tn vniii/hsuru In mu ilu' pv»MU\f«»' n»iv«U' liv r»>l. I'liiUM' ni ihumtJiniMil of inv ini'Mut, Of^ lie lni\\«p|l' bnw li"»lini>il u\ vtMi " tliHi i Mlunilil Iium' iIh' riill hriMiIll ol Iho Itnv. Hhil mImmiM nnl i»< ilUhvnlitl." Il will |io munn^'ly «ii't'r'««(^iviv t'ov H\<' !«> uvm' lo von ihul nil m'ls, »MnMHni«ilnM»u'>n ui inrlH, u Men hrtvo l«M'h hi'UMlniaiiotl lo yon in t-vnlrnm im linvinjt (iiuiwpii'oil in lh»> l'ni1iHlHln<<»mnlv linnh oCibis Phninnu wtv nntniilnintn hons nn il will ioimuIVmiI;, ««.( |\^rtr Io von tluU i' wonltl l>o llio lu>i,",l>l ol' iniuHlioo fv> M\o to chiu.',' Ihn iv'fHf*' ol' iliiw trial to Iho I'mlctl Strti»«s, \\ hiMt' vonr pvoroi?-* Toi NvilHt>MHr«n'onl(l not ro»\i'li, niul il il oouM, il\is«'on»l hi\Mt»t» fngrif rutffivrttv l<» tnl<<^ w^niv.mu'o ol nois ul \\s\\w (Uino ill tlio rniloil SlivtoH, lo whom* Inns I tun .ilono ivsptiii/«i- Mo |||»Mvlo(. or tluH you will ii'jn'l •»// (he ti'titi/nmti wliit'li iIoi'h Dot n^lt'v HrNtpnvtt^rih*' oluufji'HiaffMnMl nHMillcgi-^ iluil, I kid •• n riiiwrn ot tho \'nthMl SloU's ol' NHVM'ii'n iiinl ilini tlio I'liilotl Hlalfp ol" \n»iMi\'rt in-o «>v wor'Mil po!U>r Willi ilu* I'niiol Kinfviloin o|" ({rtui Onliuo «ml livlmui ■■ 'V\\{\\ \ nnin oitiwMi oliho I'liitod SioUs iv MnilioiiMilly pioveil by ('v>l. Triiioo. Ho liming tOHiiliod ilml r\l tlio linio »»!' my t'npHiri« I HiwA " wlml — •^ooivh voui- uiiuuk\ \n part of \\\v oluirgo, il is ono td'llio I'ioIh (hat nuiM owsi niordor to inaKo \ip the \»titMu o, liy iho piovi.Hiuniti dl' llu» ft,'t — {\\u\ «hont'oit» It \\\{\h\ \\o pmvml — it muiuol Iw iiilbioil hy tho otMirl. ITlho two ^^^^mt^i«»B woroiiot at piHioo lliore ooulil ho no \\tlvn\v uu*loi' tho aol ami may th.Mo not havo hr.Mi a tlocia ration ol" Mj^rlu- ono ol' tho -»>iininos agamst iho oihor on tlio tih ol iMiiroli. the day ot m\ oaptiux'. aiul that I'aot iniKnown lo lhi> ooiirl al thiH tiitt*. I oulv snggw-^t what tmght h«? for your oouHiiloialion. It is i\\\A\ osMhlisoil inlo vM' law -that all thoso laelM «uouH«ury to h«w o\i>vttMi w oj\lo»' to oou^nl^.{o oiio otU'iioo—aiul which uuih', thorolon^ ho ooutainod ami s(M out in tho chavgo must ho pnncd ! — riu4» hoix* IN an important (,. 4IMI, J, H|«.- klM* A^Hlii f.v».|*y iiiiiImiImI iiihI r.««M,tinl Mllr.^Mli/,n ruMJ ov»«rv rli- •'"'"*'"' l'"^''H|.lh .(ifw l.lMnlifv mii«l l.n hrnvml ri.i Mfti.».%».,Mm7 « Ilin I^Imm.I on of rihcMil (Iip Wih nC Dc-rnniLpr Ir.Nl." M„l fl,i« h no Pv..|..n,H. ill Mii|.|,n,( off his |,ni1 oj'thn rhnr^n ;;.>!.«. (Jlrtv liPin nl.o (PHlidPM (hnl I,., wmm prP:..,i( of mirh n^nrni- "»"""• »M.hhMt lluHl MiliMiflPii ! wMHon Nuvy hh.n.J, «m,on(l in «M»ininiiiilmi pnri.nii nl " ,..1,,.,^. ngninMl mP, llmvp mimpd rii w.PiiiP, in onlpriinlil up romp In Ihn iPMimony of IVfnllhpw If/,vf3^' mni wl.P,-m« ihi«wilnP«Nn«l«n,l., p|.p„n„P. wn« inlmrlinn/on m ir.i o r i;;''7"""V,'\'r '"^"''Pvn«« pi,rpo.n of f,«,«bll.hing «»" P'Hlol Ik. -rluu'KP' I hnyp |n«l nnrnnH, ( will noH' nUnmiH 10 r'nnvn«N hiH tPMliMiony, f.n.l hIiow von whni, jn my nninion it nmonnlM lo, «m wpII um wi ,( polr,r,M Ihn wilno«f. hf.^ cnrric*,! oirfmn. I n < ' N I u 1 1 ( I . fta HMuHi " M«tflunv Huy«'N'' tm his iljri'cl oxniniiinHnii, hnn swoni lli.'tf ho went upnii Nnvy IhIjiiuI on \\w 'ilst nf lUMMMultor lust, whore? \\r sfiw W. L. M(!K»in7.io, myHi'li'iUul Mr. (Jiuhitm; who told him ho cnino JVom New Markrl, it) I pixT Ciimda. ThtU hr» Maw moon Navy Isliiiul (Vom the '21st to tho *iOlh day of Doocmhtir last, that I was ihon in iho oapiicily of sciMind in oonnnand, that I was Mriga- ihor (tcMU'ral, (hat ho k\\v mo hmvollie Island, hut is not positivft of tho day — that I wore a sw«)rd hnt no unifoiMn, that the proplo on tUv Island \\»n-o gonrrally nrniod — that on tho day I loll th(» Island 1 gavo np tho oommand 1 hold to Major Vrorland, who tluMi took my pinco — that I nddrosscd tho propio on leaving tho Island. llcM'o I nnght havo passed this witness willi porloct salVuy* as hi' had not tostifiod to ono fact oontainod within tho "ijhargn, ' oxc(?|>t that 1 had hvvu on Navy Island — lint that I had dwmod itpntpor for mo hy pcrniivssion of the oonrt to pnt him npon his cross examina- tion. That I was on Navy Island a few days in the month of Doccmhcr last — I have never dispnied or denied, hut I do njost solemnly (iony that I was the 1*0 ever joined to any of Her Majesty's snhjeets •* who were then and there t- ..h^ronsly in arms'' — and I challenge aay proof to estahlish such a fact. I was only joined to (Jenoral Van Rensselaer who was a citizen of the United States. In answer to the lOth (jnestion put hy mo to tin'., witness '* Flayes" he swears that (icn. Van Rensselaer was in comtnand at Navy Is- land while I was tlien^ except when ho was gone — then that 1 was in command, and in answer to my llth (jnestion, he swears that he nnderstv)od (ten. Van Rensselacu" to have hecna citi/en of the United States. There is no proof that he was not. In his direct examination "Uayos' has sworn, it is trne, that W. li. McKenzie was on Navy Island while I wastheve; hnt in an- swer to this, 1 say — you can lind no jot or tittle of evidence in yonr nnnules that the W. L. McKen/ie seen then and tliere on Navy Is- land, was a subject of Her Rritanic Majesty, for no suoh testimony has been given or hinted at. It has not been testified hy any witness, or admitted that he had ever been in Great Uritain, Upper (^inuda, o\- any of Her Majesty's dominions. ''Hayes"' has also tt stilled before you that a Mr. Gorham was there, who told him he came from New Market, in Upper Canada-- and that he then acted as Aid-de-t\imp to (5cn. Van Renssalair, now Mr. Gorham having said ho came from New Market, UpperCanada, does not prove iliat ho was a British subject, for he might have come iVom New Market to Navy Island, as it is said. Yet still he may yisL have been a citizen of the United States, or some country other ;han Great Britain, suppose, however, Mr. (4orhum had told wit- ill ," nos« liowfisn mW\v.v\. uC lltr Utilaiiic MnirNiy, ruid liis linving sni*? HO had been ollbrnd, to lio prnvf-d l.y iIiim w'llnoNs miicIi ln by wifneHscs wbo oau dnposo to h, kiiowlodgo ortbo individuals birlb <.i- nalivity -or il may bo dono by abowing tbat dm individual bad roNidcd in tlio counlry oi' wbicn il is ullogod bo is tt .sid)iect or citizen lor a tinjc—iuid tbul'bo wuh tbon re- ported a Hubjert or oili/.on oClbo country— und bad exorcised Ibo pri- vi!';!ges ol' Hubjeet (u- citizen. 'Ibo HrHt Knowledge ibat iw usually acf|uirr(l by ibo individual of another, is the name— ibo charaeler coukih aflorwards-^and let me ask, what knowledge coidd this man have of tbo obaracter of men of whoso nameHhe was ignorunt— -bow was it posHiblo that bo should know any persons were subjeots to Croat Mritain, b( do re he had first learned their nan. s; but be says " they told him no," now siipposo they did, it is but the mere statemonts of third persons, as I beforo have said, and proves nolbing here, '['his witness has said after having the words put in his nioufb by the Judge Advocate '• tbat ho bad bad «>pP'^''K"ili'J« o'"''<>iiv<'r,sing with Ihem, and had no doubt/ their being IJritisb subjects.-' The rule of law as I have beforo no- tod, IS that the best evidence tiio case will admit of miiHt be given. 1 have called your aflcntion to the two modes of proof, of vvhich'tho case admits, this isiioillier, and is no pio(d*in law; it is [irofes.sedlv the men! opinion of an obscure individual, based as witness sav-s it is on the slatemcMitH of third persons. It is a rule of law, as 1 have beloro nutiarked, that statements of third persons, can never be giv- en in evidence against party on trial, who is not proven to have been present at the conversation— then certainly an opinion based on such statements— cannot b(! evidence to prove a fact. If a rule be esta- blished to admit such testimony, whose life shall b(! safe, and whoso liberty vouched safe to him ? No man thereafter shall be able to control his fate. Fact nro things, that can onlv bo cstablishcdhv prool oi positive knowledge. "^ Witnesses arc permitted to slate fads ulono, it is tbo province of n4 •miy »»iir»*p|»ilhM U) till* nilp h in ••n«^i* hI' ^njoMiifU* wt^n, tvlin tnr« nl lrnv»>il !>> i^iVf »»vitli'firt' ulthnlv Mpininnx itf 'n'lfMirf"* nil innffr-m rrm »>vriviMl Mt. I'vnm (MHurM^lnn with ni<»Ht» 10 lU no lhilivliliini«(, »' nrthM>s \\\\^ Ui!»lr«»^ ili?l ht^t Kiunv, hr> hrl«» fnlil m)M •' !)>• llMtl Mn ilniihf f.s liiMi. \t^^\ \\\\\ \\\\\\ \\\i\\ ihi«< tMiin hni ti">li(lrM| in ((i^ hi»viii)tt •*"•'♦' r^^rtii^nrMJ l>y <%>!. Kivbv, '''»!. A1i'INnl>, mul m innginfintf .»! rliippr XVrt^ t\\U\ i\p il rtpiuMtv^ r»^Ml< Ihnt timt^ u^ lhi'1, hi' hrtn fhiUitlhr^il « p»M- ptT>pts«»r«l l>\ nu* tn him, v^u tvill I'liiil ht« hn"' mvmh "thnt lu* tliil n«»i hn^^\v nn \0\rti I'lungt' he \vn^ fhi'n i-inWlrn'il Thi** \vUhr«sN MtmM «oon\ t»>nthilMt nrt t^xniunrliHrtw Mt'hif'h»'««^ in ninitPt« nnim j>i>v1i\wt ntor^pl An fi\ (MhfVs, whiln hr< HppnnvK mi rtft-MMirHnni V , vvlii'n h<' ii>lh ihctn li'» .litl nt>f luMUv <>ti whrti rhnvgr l\i< stonM connniitrit. If not, thru iMunn*! Ihf a^i'^^^f^vrtl vn!»»- if Uu> \vitnr«« hns fi^'iKiiMl I'nl'^rlv in rphiiion i«» rttlt^ ftMvi^ hi* i* «»H h^ Im hr^lirvinl nn Any |mH ttml Inf nir« rtsl< yn. t?fnHr>n>on, if ynn nnilil VM m nWMiir^nt i^r^ intlnnnf fn pnt inn in iiM^pnriiv npon ih»^ ilonlMs o^s^^ donhirnl fi \v»tno'»^ m^ ihi< '• IMntthrW Urtyt^j*''* iNrt A t^itr^sliort pnt by tllP ooiul in ihi?« Uitn'^si^ •' Hiiyr^!*"' whnlhrM ho \v««t nxvniv thrti \hr'\v wrts »\ Vwvisitinrtl (Jnvr«vnntrnu t'sttiMiohtMl uhn \\r^\'^ \h^> \\\r\\\hi^\n ol'thnf «M»vi'»Mt- nioni ^ Ho s;\\i»rtr<« ih«M-*^ wns n " pvorlnmmiinr" c\n thi* hlund, r»<» trxMishinj}; n r^vt^ionrtl KrMl?,i!» wiis rhnitinnn ^^f it pm itM^v Mn! hr» «'onM nT>f «i«tt^ thrMinnu» ol'nny (^(U»mm' Cniin injj; thi!« l^^ViM'nnii^nf rtll ihnf ho «*onhl w\y Wrt«« ihni Mw Mv\\our.\v m-jSs rt ohr\i\-m.'\n nl" « oomniiiio*' who TrrtonMl n *« proi'lnnMiiion." hnf tho ohjivt of (hat g^nornnipnl, il«5 powoi-i* n wnvo nil nn- Knoxv tt> hin>. Why i* not tho " pvoolnnmnon" p»-oilnr»rMl '' I'm- nil fhf* t^t'niH K>j9^)ly Know*, it \vn«! ji p\Y>olnn\ntion in ohotlirnor* to wnnir iSNmn^!>n(i"^ \>«m«N< ('i»m tho r<^\n."" shiMihl Iv* pwtltu^otl or its nhwM\oo rtooonnnn foe, hotmr •tfM'omlavy '^\i<*o>'i<^<'' Af it«« <*t'>iit<'nt5 <*onM h»* ^-ot^t^ivptl. Now this nttomp! tn \>to\^ tho ovistfnoo ot' n rrovi«!iv>nal «Vnitlof6«: it noods no (nrthov otnnmoni tVoni mo. Hy tvioving to iiis to^;tlm^>ny on this pontt \\\ youf niinnto«, you t«ci!l mi^t^ilv c.lMf,««r| fo ihw Pnopln „l Navv ImI.umI, m.„I r„„„Mr hM|nr.«,Ml fo »>„■ < „roli„p «|r.„,„ himtphHiMhl uH'm UUnnrU- New J,. i\m »riv |...,of ||,„i .Hn IV1n(..i.lhy ts ^ mil.|rK.l oC \\,n Htiintm (V|,ijf.Mly » I -ir^n l||,u it j.^ To liv il, Cnnn.h, or !„■ n,, |„|,„l.itMMt nlOrrnM,!,, wn.iM f,r,rt«tU "11,^ .ui i.ulivi.luttl M CnnMrli,.,,-.- |„.,i it ,|«h.« „n» I'ollow, tl„.( «« n rnnU "•'• '•( rni,r«.n n f M»,ruli,t.i Ip. „ M,i(i^|, «„|,j,.,.,. A CMr.Mrli,,,, i„ thd '•«»MM.ini, ,»,.,,Mmfrifi.,n „( Him fnrni, in nllmi i,lli«rwi«M, a» in 0,« r.««r. ^n(ll thiM yri ,„f|,v.. ,,( whnni I ImvM ff.^ n,o«t mHtlimhl*. Inlf.rmM- tton, l!mt liM w,.s „ niKiv.. Umu rifi/,.n ..f H„, ('nifnl HfnJi,», r,f Oaw- .ml .MMinty, IV.uisyJvnniH ; w|m. I,.,,! (|„.,.. I,n,.n « « '«,,fnin of ||,o Vlilifin nl Im.iiHylvMnIn, hii.I wlir. fJiM-.^h l„, I.M.Ihnr,,, n io«i.|r-nt Tor HOMmyi.wr«in l)p|MM' ( 'anmln, Urn nnvnr hnnn n niiU]wH,nhmt ""hnn. M l/VfH mIImmIp.I (Im, „r,,.,.«„„ry Omr. nmlo|',i,nr((.i.ilv t„ tMo-.iiT ilm witnn^s,.«, I ,.o„|,| prnvM by poNifivf fM«»ifnony wl,«f I IKM-,. Him.Mn iplnlion t..|l,i» Mr.;( la.lliy • l,nf nurU n ntou i«„„l ,„h.1« nenucNMry, Im- hon. tim iimnripi- (.(lii^ tH,»»i,nonv it i-* pvi^lfnt tl.ii vviliirHs kntMv iiotluiie nhoiil (hJM M«>( 'nrlliy. ^ nil will iHMc.MV'. i,y iMlnriii^ |», l|,is w\Uumm'»' «n«wer fn Ihn MOJii 'l>"""t"n I |.mp.,,si.,| In l,ii„, |,M HW,,»lfl OM'- U„«..r* l,..|nnBM.I In (;«!,- •"•'»• '•" '"I'l iH'm Ik, wm fVuni (;i,i(.,„,WH in llj.p.n ('runuln, niul ''"'" '"' *;""' " ' '"'vn U, ncl.l I l,„vo n„ ImnwinH^,: rnyNMllor whaf "IV y '"' '"'^ ," ":*"^"'" ^"'v if, it inn nvifli^nt timt' thin wifi,f,.,H ^^""I'l l"«v- iiin.h, th.) Huinn HxplnnrttioM in rrl«liuri lo McUmHIiv if ro(jiK'si((i.l I • A^nm, lui,; ^■ih.ir M,.(Jhi|I.v n, lU.gPrN R«3(iinlly hnnr, «nbjm:t« ol I .M- VI;v|Hsty™wlii.:li I .l-niy- Ihein i« mMt,«li,nonv l^el'Tf tl.i« r.M.rt il.nl I ui,nv tlinl h„.^ oi ihi.tllioin wore luiy cir.:nm«lHi.r«R ||„ow/i •HoniHi ...ih.M nl tlin.n -ni- nnvnllifMH who l,„vf, I,.,.,, Mr.mn.l „. Hnli«li Hnbjonhur ( ..um.liuiKM, whnifbv I or.iibl bnvn known thnf Ibov wn.e such «.,l,|«i.t. Tb«t they were or, Navy U\nw\ in nonrooCor ilu> l,irt-lor„f, ,1 ,« i„ ovi.lon.-r, bdoiv thin courf, by thn sliowinij "M tl.u purl ul Ibu pioH..,M,lion. Hint ..„ Amnricmn r.tizon WHh- in .wn- '.mn.l nl JN,,vy IhIuh.I wliiln I wits ibero--l an Amnrinan nifzon wiia Beco»d ,M comnaoaUuii AiiH-rican fiti/-r;n was ibir.lin mm- MMiM.I -au.l llini the |.iinr,ipnl pail nf the peupio who woro Ibere on M I lh<' Islniiil vvfin Nmrrn'unrilizi'iiH, f»rwlu>m I was i»ihs IiikI aNHiimml Ihc tiuthoriiy tluMUHnlvPH lo gn on Nnvv hlmid. 'PIhmc ihiMi |^t^•v«>^v tiuf mill shntlow ol" piool' which hiiM hftMi nd- «hi('«Mi r.n ihiK trjdl to t-stiihli^h ''Mmt I wus <«vor iciiH'tl to any of' h«ir MnicHty'.ssnhirrtson Niivy hlnid,'' t\n I am ••hingc^d, nnd which hy n h'gul or fiilionul conntnirtioji «« proof or tr'stiiimiiy must hn nc- knowlpdp'donliiH'iy insiiniciiMit to nsuihliih this pnrt «d*tho "chHrgn" upon which I nil) (ivrnipncd. I'or I t\iii not to hclicvc (or n nionuMit il'ii hnon that I wnHJoinnd to iiiin willnti the spivil and tlic meaning ol' ijic '• Act," when yon rocollf>cl Vv testified he was prisoner there, detained ngains' his will, who will say an olUcor or individual in comnmnti oould lie joined to a priHon- op t Again, there nan ho no sneh thing ns n joining lietwcon two per- nons when onv is repii uant to the union or connexion. To that part «)(' tho "tMuirge" against me which alleges •♦that Wil- liam livon M<'.Kon/.io and others, acknowledged HuhjectH of Her Majosty wore then and thero (on Navy Islnnd) traitoiH)nsly inarms ftgainst Her Majesty nt)or the I'ith day otMannary Inst," there is no ntlempl at proof. If yon will voler to y' '''«'"" yo.. ,ii...rn,i,i ,i„. wi.ui.. Ml .'''';'•''•'••::' •'. hi-'i.-.- " IIH.V.'.." or . I.Hhnr y.n, Ui i^^XlK K^ '" ""' ^^"•"""' r" >-"•"•«".....;,. .0 r /i :' . ' :';i.^ , .;:;'':r'^ '-''v^: '•• llllKMIV. ' " '""''f^<'l l.'llH Minn H (I'H- «t»|» with mo jh !iiv nimilciiM" I . I '"'" ''® ""^''" WMH (|„.,v „M ||,p h|,M„i . „„,l I ; 'V' . '"> •|'""(<^IH Willi., I "wxl «oino,m,tnr I, '.i I , '"' '" ^■""•""•"•l "" «!". lHlnn,|. I'" Nwcui-M. I l.nM (In. HI. in ilv ' ' ''"'"""' '"■"1""^'"' '" ''*'" "Hid (111,1 ,,.i ^vliil,. Ik< vv,iH t KTf! nimiuM his will fnu 1 to my '2:h|,,n..Mli.Mi iMupusnl h, hnn . "" «"y« m rinswor ponnisHion t. Ko f J | ; | J ' ' '^''"•; •'"vr np,.li„,| „. ,„„ for nihM,rhvv---Th'. wi o '"""vviiK just and rm^onuhlo witncaswilhloclarothn , f V ''" l"'"'^""n't"'" t'-nt tho that ho is .Jpuir • : .7^"::"^ -^^ .tman.n.lly appears cannot ho parliul or IVacti h aM' JlX r '' 7'''''\ '"''""'"^^ the;^^::;^^ Tzt:::t t r ":; -^/=-""-''- '-^- the thine whir.h «h«l| M-* r^-u .^"'^'^ °^ '° ^^^'"8 »«'^ anv to be understood ««r./ """' "' ^^''^'^'"b. «ora moment, 1 meant understood a. desirous of entering into the service of Grear H r»H I Britain ngaiiist mv own country"— as the wimoss I'rincc has said— or "ot'bccoining'Queon's evidoiico," as th<^ witness llirty has it. For, let mo assure vou gcntloincii, nothing was further iVom my mind, than either. I was born a Democrat— I was christened with democracy in my cradle— and was taught it upon my lather s kn(>e, and no\v,'aUhough individuals may wrong iiic and treat me with in- justice, in my feehngs I shall abide with my country and her msti- "tutions until this heart shall cease to vibrate, and reason shall tail to hold her own. The only remark made by me on that occasion which could possibly have been tortured into what ei*hcr th(! witnesses Prince or (lirty have made me say, was to this elFect, and no more, ♦' that to destroy me at this time would bo an useless sacrifice— as 1 had long since ceased having any connection with those who were in array against the government of this country— whereas to i)reservc me, 1 might be of some use— as 1 was about to compile a book, giv- ing an account of the recent commotion on the frontier, and m Lp- per Canada— which, if permiitc I to do, to the loyal subjects ot this province, would be no injury, aud in speaking as I did ot the robbery which had been perpetrated agninst me in Monroe, Michigan, I may- have, and as I think, 1 did, use some desponding expressions which however amounted to nothing like what the witnesses have iancied 1 have said. « I think, gentlemen, it cannr^ be otherwise than apparent to you that you arc not here merely l let and decide for yourselves on the mere matter before you— but <;.\nress the opinions ol a whole people on a national measure, and I may suppose with such a view, as dis- creet men, such of you have been selected as members o( this tribu- nal. Then being a foreigner, as I am, I beg you will allow me m the plain and homely language of my country to call your earnest attention to some of the facts and circumstances whicli have appear- ed before you, and which exhibit to my mind a feature in this trial most extraordinary ! ,• i - i I am not going now to raise a ghost in th'^ shape of a technical ques- tion of law, to which " none may speak," neither am 1 going to disclose or divulge a hidden secret to the wonder of the gaping world, for the thing is now public, and the circumstances already betore the people, and although you may not have entered it in your minutes of these proceedings, nevertheless it is a part and parcel ol this trial, and now by no earthly power can il be erased or blotted out— the figure has been impressed upon many hearts. Since my capture by the the two persons who have been produced as witnesses against me. I have had no communication whatever with the people of mv own country, or any of the members ot the government thereof— yet on the examination of the first witness pro- 50 <1ucc.l against mo, if I rightly rocollcct-I had it intimated to lue in court that a coininittco of my own countrymen had inspected the Ijkico whore 1 wascaplurcd, and had decided it to ho on the Cana- dian side ot tiio waters .'-and on the motion of one of the memhera ot this court, a question was proposed to the second witness— in- qninng , such acom.nitteo had inspected the spot, and so decided. 1 hat such testimony as the question proposed was irrelevant and im- proper, could not escape the least discerning mind. Iho enquiry would stand isolated and alone as the merest mat- ter ot disr;onnected hearsay evidcmce— the unfounded opinions of unknown at east, and perhaps ideal persons. To such an enquiry (as expected) was ready to ohject, hut by this court [ was forbid oftering my objections to the enquiry— the court was cleared, and the question proposed and put by the court-was withdrawn, and upon my coming in, 1 was informed by the Judge Advocate in the presence ot the court that the ,|..estion would not be put, '' although the court had decided that it was legal to pursue the enquiry." To such proceedings 1 protested that if this court had ever intended to put the quesiion proposed, it was due to the court, as well as in jus- tice to me, that [ should have been allowed to raise my objections with such reasons as I had to give-that the impression might not go out, that such a committee had made such examination, and con- cluded sountayorable opinions for me that I was afraid to have evi- dence given ot ,t ; and that this court, althougii legally entitled to entertain the enquiry, had without hearing my objections determin- ed m mercy to me, to reject the testimony. This circumstance as wel as the showing o( the prosecution— establishes the fact coiiclu- siyely ihat these two witnesses who are Magistrates of the District, into which I was hrst brought after my capture-and the very same persons who mad(. the capture-from that time have both been well advised ot my intentions to contend and urge, on any trial I might be put upon in Lus country- that when captured I was on the vvaters ot the United States. The gentlemen who have been so introduced as witiK^ses against mo have testified that they captured mo on the 4th ol March instant,- on the ice at tiie head of Lake Erie, and as ihoy say a mile and a half from the Canada shore. Now, if this had been so, knowing as they did I did deny having been on the Ca- nada shore at the time of my capture, those witnesses who are both .lustices ot the l>eace, ars [ Have said, could have procured some honor-ible and disinterested gentlemen, who had in no manner been concerned ..n the arrest, together with a surveyor, to have went to the place ot capture, which could have been easily pointed out by lie track,, of the horses on the ice, and had tiie surveyor taken the Clearing aiM distances of oil the prominent objects near— and if it 00 hiul l)'.>(ii(< itiid a liaif iniIrM iioiu liir < 'aii.'uia slmrc,, llutt tlislancu or tituiblr llir sanm imgh! have hrm rasily vliainc'l on llii' \cv iiiul lis sn<"h t\ iilcncc, tlx' placo oraiicsl wouM liavt" Ihm-ii rs- laMinlu'd Iti-ynmla doiiltl ! 'roNiirvov llu-' ground wlicni "llu^ placo'' is lit iMuu" 111 (iiirstidii (III auv trial ot iiuitdi'lanco ; is usual in < ircal Hnliiin as\\(>ll as in llio ( iiiU'd Slairs, and l;'l nioask you, ^-fnllt'- inon, is nol litis trial ol" groat iiupoilant'o - -mM only hiTaiisc it in- volves tlio lil(> and lilu'rlydla Idlow mortal, hut the luuinr pnlation upon lus- tiniony so vagui>, eonlradielory, uneerlain, ami illegal, as that w hieh lias hi-en adduced against me on this trial ? 1 am now drawing my deleuctr lo a (dos<^ ; hut lud'ore doing so al- low mo to adviMl to Ihee.ases ot" Arhuthnol and Amhrist(>r. Thes*" would have heiui an analogy to mine, had I been, whi(di ! deny, in arms, t)r in liosiiK" array against Her Majesly, with I ler Majesty'M IraitiM'ous suhi(>els, within this pro\inei«, as o\|iresst>d hy iIk' a(^t. The partieulars ol' lh(>ir easos are well known. lhe\ were Ihitishsnl*. jcels ehargtMl with aiding eerlaiii Indians in their hoslililiiis against mv native eounlr\ tht^v weresei.od upon li\ ( leu. .lae.kson in the vnts and I'celings of the pi'oplo ami govennneni of my e.(ain- trv. aroused bv ihi\se acts max b(> eollecl(>d !"r(uu tht; report of ii eon;- mittin^ on the vScnunole war, made lo th(^ Senate of lh(> I nited States (\)ngress, *2lth ol' bVbrnary, IHIO, If I were allowed 1 would wi.sh lo read several parts of that repml ; but smne portions of it are so applicable to my ease iind situation, that I nmst crave the indul- gence ol" lIiisciMut to make sonu> extraiMs. It is said by the coin- mittct^ in their report "In re\iewingtbo (execution ot' Arbuthm)l and Ambri.ster, your ctumuitlet^ cannot but luuisider il as an uniKMMis- sary act of severity [arlure from that mild and humane system towards j)visonerH which in all cv»ullii'ls with savage or eivili/ed nations, has hereto- ioYo hcvu ("oiisidered not only hoimrabli^ to the national character, but conformable, lo the iliclales of souml policy. 'Those prisoners were subjects ot" lireut Hritaiu with whom the United States are at .»' pi'dco, liiiviii^r Irfi (heir coiiiitry HUM uiiilnd llmir latfn with savMK<'S Willi wliuiii 111.. Uiiilcl Stales worn at war, thny lnrl'(-i!(!<| ilu-ir claiin to llid pn.ldctioii of llicif own jruvoriiriiniii, ami siil.jdcio.j tll.•m:^lllvt^^ to Ihti Namo (rciitmciit wlii-li mi^rhi nc.-.H'din^r |,, ■||in prnctiw and prMK-ipL'soflli.. AnKM-i.'an ' Jovorniiwiit, Im rxLaidcd towards Uiohis with whom limy w.mv associated. No proe(!H,s of reasoniii^r ,.„» do- gmdo ihem hehnv llm siiva^^.'s wdh wlinin they ar(! <',oiiii(!(-led,— as pri.soiiors(d*wiirth<'y aro even entitled f., rhiini (Voni fho Ame'ri(;an (lovtM-nnient, that profoetion which Ihe n>ost savage (d' our loes havo nnilornnly .•\-p( with an argument I may use in my Ixdialf on this trial, al- though not essentially necessary iimler th.; slate of the proceedings. Mis lOxccdhuicy is said to have slated that " punishment caimet bo justiluihly resorted to as an act of revenge ; it is only to be sane- tion.Ml as the n(«c(!ssary monns of prev(Miting the recurrence of crime." I hat su.di an; th(. legitimate principles of an enlighten(;d and liberal mind, who will gainsay ? Tlum if such had been the case, that llajse prf)ceeeing.s had been sanctioned by your conslilutiun and law.s, and the laws 'of nations, and the " .diarge" aga;..st me had b<;en suliiciontly drawn up, and fully and substantially sustained by the proof, where then would you Imd the '' necessity" of ;,p|,lyi„g i„ ,„c llu; provisions of ihe act un- der which 1 am Iier(5 arraigned ? What other motive than " revenge'* could move you now to inllict upon me its terrible penalties ? It was not I that susta.in,.,l and Ui'\^[ t.'>.got!u;r a large force on Navy Island Irom the 'Jtith of December to the l*2th of .lanuary. It was «ot 1 that procured iIk; arms and anuinilion, and other military 62 stores for the expedition fitted out against Maiden, with whom it is said I chanced lo bo on the 28th and 29th of Januu.y last, nor I who enlisted the men for that expedition. It was not I who fitted out or led on the party of men whom from the United States took posses- sion of Fighting Island in the Detroit river — for it has been here suificientiy proved that I had no connection wiih them. It was not I who fitted outer led on the party who took psssession of Pele Is- land, nor has it been urged that I had ever any connection with them. It was not I who fitted out or led on the party who attempt- ed to land at Abino. It was not I who fitted out or led on the party who took possession of Hickory Island, nor do you charge me with any of these acts. The rebellion that was in this Province has been crushed by your own power, and all these parties which had been in array on your frontier dispersed in a manner forbidding the pos- sibility of a recurrence. I have never moved or excited the sub- jects of Her Majesty in this Province to rebel, nor do I possess the power to do so. I am a stranger, and without influence in the Pro- vince with those who have been in arms against you. On your frontier I have had no connection since the 9th of January last, and after the middle of February my disconnectiou with them was no- torious. And now if it were possible for any person to put in array a belligerent fore; again on your frontier, that person is not myself, for my influence there, for such a purpose, has long since been at at end. And I ask what other motive than " revenge'^ could you assign for an act which would have no other effect that to adminis- ter to the grosser passions of mankind, and gratify such as are to be found in every country ready to cry out "crucify him, crucify him," and by whom ere you commenced your labors, I had been tried, condemned and executed, and these bones of mine had become but pari of the naked and offensive cabinetof some surgeon^s study ! Justice under no circumstances will make such a demand. The high, the enlightened, and the honorable of this Province, I am per- suaded, Heaire not my destruction. But what is my offence ? I am not charged with murder or ra- pine, for I have deprived no man directly or indirectly of his life and liberty. I am not charged with robbery or marauding, for I have neither taken or destroyed the property of any man. I am not charged with having disturbed the domestic peace of the country, for it was not I who set this Province in civil commotion. I am not charged with having entered this Province for the purpose of plun- der or gain, for the same testimony that would establish the fact, that i liad ever been ill this Province with an armed force under my command, will prove that when I returned I left a large quantity of property untouched and unmoved, and you have made legal proof m here for me that 1 had never authorized, sanctioned or approved of an attack being made on the village of Amherstburgh on the evening of the 9th of January last. Then what more am I charged with, than has been done by hon- orable Britons in Venezuela, Buenos Ayres, Chili and Peru, while those countries were Provinces of Spain.' What more am I charged with attempting, than honorable Britons have lately accomplished in Portugal ? What more am I charged with than is now being done by honorable Britons in Spain, by the consent and authority of the British Parliament, commanded and led on by a late member of the House of Commons. But, I am told, that "by writing and publishing certain papers in a newspaper of the United States called " Despatches" and " Pro- clamations," 1 had committed "an indignity to the British Crown." An American newspaper contamingthe said papers has been intro- duced and read, and although you must know, you have no legal right to call an American citizen to an account for his acts done in the United States, yet I cannot but believe that the publication of those papers which never were promulgated by me or attempted to be published in this Province, was the moviugcuuse of my prosecu- tion before this court, and if such would be in accordance with gen- tlemanly propriety, I could inform you of the foundation of my be- lief. I have called no witnesses. The testimony adduced on the part of the prosecution does not require it. Witnesses that would have testified conclusively in my favor could not be procured but from a foreign country — their residence too remote from this scene to ena- ble me to reckon upon their production in time for this trial, what- ever exertions I could have put in force, notwithstanding. Gentlemen, you have now before you the facts of the case, as made out on the part of the prosecution, and the law applicable to the same — rather a portion of that law— for the principles in sup- port of my objection have been only slightly touched upon, the ques- tions arc far from being exhausted, however lengthy my defence may appear. The objections taken, namely, That one half of this court never appear to have sat on a previous court martial. That the President of the court had never before sat on a court martial. That one of the members of the court is an officer on full pay in the regular service, and therefore ineligible, according to the only iuw applicable io the case. That, first of all, the Act under which I am being tried is uncon- stitutional. Ul That llio "cliargc" prefcreil against mo is not sutlicicntiv speci- fic us required by the statute. That the essential averments set out in the " charge" are not sus- tained by the evidence adduced— there being no proof before the court to establish the fact that any of Her Majesty's subjects, with whom It IS alleged 1 was joined on Navy Island, were traitr-rously in arms against Her Majesty within this Proviece, on the said 12th day of January, or any time thereafter, either with or without my- self. •' That an "Act"— not affecting all her majesty's subject— but par- ticular individuals— and these evidently foreigners, was a i)rinted Act— and therefore ought to have been duly proved, by the produc- tion in the usual manner of a sworn copy. That the Militia law passed the 6th of March last, under which you profess to sit, has an ex post facto operation as regards me, and therefore is not applicable to me. That the maps produced, arc not legal evidence of the boundary between the two countries. That I was prevented by the court from having the benefit of a cross examination of the Surveyor General, to which I was entitled. That the proclamation spoken of as instituting a provisional Gov- ernment on Navy Island— even if relevant to the case, has not been duly proved. That the paper purporting to be my examination, or admissions, did not contain the whole of those admissions, which I was desirous of proving by a cross examination of Col. Prince, but was prevent- ed of so doing by the court. That I did not sign, nor was I required to sign this paper, con- taining a part only of my admissions, and therefore that it could not legal, y be given in evidence. All these objections, and others I have raised during the investi- gation of my case, will, I am persuaded, undergo your serious and calm consideration. I have now finished. The importance of this case— not affect- ing merely the humble individual who now addresses you -nor only the inhabitants of this Province— or the citizens of the neighboring Republic, of which 1 am proud of being a member— but involving questions affecting the rights, liberties and even lives of the inhabi- tants ofevery independent nation; I say the importance of this case, which is now left for your determination, must be apparent to every person, however exalted in rank or humble in station. ^ ^ , TH. J. SUTHERLAND. Toronto, April M, 1838, APPENDIX. NO. I. AN ACT I o protect, the Inhabitants of this Province aminsf law- Uss ag^res^onsfrom the Subject, of Foreign CountrieCTpeace wuh Her Majesty. j-p,,^,^ j^,^,, j^^^^.^^^; ^^^^^ J^^ Whereas a number of pcr.von.s- lately inhaUling the State of New York, or some one of the other United States %f Americf have WKhin the sa.cl State of New York, lately enlisted or 0^^' them selves to serve as Soldiers, or have procured other to f nfs tor on gage themselves to serve as Soldiers,\nd have within the 41"/ New York, collected Artillery, Arms and Ammunition, and rnade other prepara ,ons for a hostile invasion of this Province undeTthe pretext 01 assisting certain Traitors who have fled from tWs Prov- ince to the sa.d United States : And whereas, the said persons wX out the authority of their Government, and in defianceKs e;rre s" in^cuons, ha^^e actually invaded this Province, contrarylothe faith and ohhgattonof the Treaties^uhsisting between tlJxMt^ Kingdom of Great Britain and Ireland and the said United Spates anddurmg the contmuance of the relations of amity and peace between the two Countries : And whereas, it is necesLry fo^pro- tectmg the peace and security of this Province, to provide for tlm promp punishment of persons so offending : Be it enaltcd by e 0^0} t^^^^^^^ ^^^"^^ with the advice ttt sent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and unde; the eenth vear of m' T .''''"^" ^'^^^ °^"" ^^^ P««^^^ i" ^he four- teenth year of His Majesty s reign, entitled, ' An Act for makine more effectual provisions for the Government of the ProvTce of Quebec m North America,' and to make further provision fo the Government of the said Province," and by the authority of the sarn^ ThaJ. ij any person, being a citizen or subject of any Foreign State «'"':-- '-• peaie ,,„,^ ^„^ unnea lungdom of Great Britain and Maud, having joined kiM^elf before or after Ike pJigZZs Act, to anymlject., oj our Sovereign Lady the Queen, fferHeZ «)<; or ISucces.'^ors, vlw arr or Iwrcaflcr man ^" Iraitorous/ij in, arm>: against her Majesty, llcr Ihurs or ISucciasors, shall nJ'Ur Ike i>ns- sing of this Act, he or continur in arms aitainst JIrr Majrsff/, Her Heirs or tSucressors within this Vrovinre, or commit anij act of hos- tility therein, then it shall and may he lawful for the (Socmior oj' this Province to order the asseinhlin^ of a Milita. iScnrral (\)urt Mar- tiaUfor the trial of such persons aifreeahhj to the Militia htno of this Province, and, upon heing found irni If y hy such Court Martial of oj- fendinii against this Act, such persons shall he sent (need hy the said Court to suffer death, or such other punishment as shall be awarded hy tlie Court. 2. Be it further enacted hy the authority aforesaid, 'JMmt if any subjoct of llcr Mnjcsty, I lor llcirs or Successors, sliiiU williiu tills I'rovinc(;, levy Wnr ngaiiist Her Mnjosly, II(M' Heirs or Successors, in company with any of the citizens or suhjecls of anv Foreign Slato or Coinitry, then being at peace with th(! llnilcd Kingdom of Grent Britain and Iroland, and oirending against the provisions of this A.ct, then such subject of ller Majesty, Her Heirs or Successors, shall bo liable to bo tried and punished by a Militia Cleneral C'ourt Martial in liko manner as any citizen or subject of a Foreign States or Country at peace with Her Majesty, Her Jleirs or Successors, is liable under this Act to be tried and [)unished. M. And he it further enacted hy the authority (foresaid, That the citizen or subject of any l-'oreign State or Country, ollending against the provisions of this Act, shall be deemed guilty of Tdony, and may, notwithstamling the provisions hereinbefore contained, bo prosecuted and tried before any Court of Oyer and Teruiincn- and General Gaol Delivery in and for any District of this Province, in the same manner as if the oflence had been connuitted in such Dis- trict, and upon conviction shall sutler death as in cases of felony. P- NO, 11. AN ACT to amend, and reduce into one Act, t/ie Militia Laws of this Province, [Passed March (Uh, 18H8.] VVhekeas the several laws now in force for embodying, organiz- ing and training the Militia of this Province are, in many instances, defective and ineflective : Be ii therefore enacted, by the Queen's most Excellent Majesty, by and with the advice and consent of the Lcgislativo Council and Assembly of the Province of Upper Canada, consliiuleU and assembled by virtue of and under the authority ol an Act passed in Parliament of Great Britain, entitled, " An Act (J7 yj ropr>«l corlain parfs of an Art ,m«.sod i„ tho fourtoenlh year of sVIn,.,tv,s n.,g„, onliUcd, ' An Act for nmking mo o X La nov.s.ons (or ll.o ( Jovorn.nont of tho Province of Quebec in North Arm.n,.a, ru.,1 .0 ....k,. fur.h.-r provisions for tho ( Wnment of tho •sm'' nthc matter nov, hfor. you, according to L evidence antThe MUUut I,n,s now injhrcc in this Province, without partiahty ft vor or allect.on ; and you further swear, that you will no divulle he sentence of the Court, until it shall be approved by t le LieuteS (governor; nenher will you upon any account, at ^ til Xl ever, disclose or discover the vote or opinion of any parficS mem berof the Court Martial, unless required to give evidence thereofTs a witness by a Court of Justice, in due course of law : So he p you God : And so ,.oon as the said oath shall have been administered o the respective members, the l>resident of the Court is he eby au- thorized and required to administer to the Judge Advocate, or the 08 porson officiating as such, an oath in tlio following wonls : — " ^'<>u. A. n. do swear, th.if. yon will not upon any account, at any tinic whatsoever, disclose or discover the vote or opinion of any particu- lar imMnher oi* iho Court Martini, unless required to givo evidenci^ thereof o « a witness hy a Court of Justice, in iluo course of law — so help you Mod'- : And the Judge Advocate shall, and i.s hereby au- thorized, to administer to every person giving evidence before the said Court, the following oath : — " The evidence you shall give to this Court Martial, on the trial of A. \\. shall be the truth, the whole truth, and nothing but the truth — so help you (Jod" : — l*rondcd al- ivat/s, ihat the Judgment of every such Court Martial shall pass with the concurrence of two-thirds of the members, and shall not be put in execution until the Ijieutenant Covernor has approved thereof. An extract of the. Militia Lairs of the Province of Ujipcr Canada, passed March K), 180H, — and in force until the sixth day of March, 1«3^. Src, '.1'^. And he it further enacted by the authority aforesaid. That when the Militia of this Province shall be called out on actual service, in all cases when a General Court Martial shall be required, the (lovernor. Lieutenant Governor, or person administering the (lovernment, upon complaint and aj)plication to him nuuie, through the Colonel, or oflicer commanding tlie body of MUitia to which the party accused may belong, shall issue his orders to the said com- mon'ding ollicer to assemble a General Court Martial, which said Court Martial shall consist of a President, who shall be a Held of- licer, and turlre other commissioned ojjicers of the Miiilia : Pro- vided always, that in all trials by General Couri Martial, to be held by virtue of this Act, the Governor, Lieutenant Governor, or person administering the Government, shall nominate and appoint the por- son who shall act as Judge Advocate — and that every member of the said Court Martial, before any proceedings be had before that Court, shall take the following oath before the said Judge Advocate, who is hereby authorized to administer tho same, viz : »' You A, B. do swear that you will administer justice to the best of your understanding, in the matter now before you, according to the evidence, and Militia Laws now in force in this Province, with- out partiality, favor or atlection ; and you further swear, that you will not divulge the sentence of the Court, until it shall be approved bv the Governor, or person administering the Government ; neither will you upon any account, a; anytime whatsoever, disclose or dis- cover the vote or opinion of any particular member of the Court IVIurti.-il, unless rcviuirciJ to give cviiluncf llicroof as n witness, l.y a ('ourt of .luslicu, in due course of law— so liclp you (JocJ." And so soon us iho said oatli sliull have been adtninistered to the resp(!Ctivo tnemhors, the President of the Court is hereby autho- ri/.ed and required to administer t(» the Judge Advocate, or the per- son ofliciating as such, an oatii in the following words : " Vou, A. I{. do swear, that you will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular mcnd)er of tlie Court Martial, unless required to give evidence thereof as a witness, by a Court of justice, in n duo course of law — so help you Cod." And the said Judge Advocate shall, and ho is Ijoreby authorized to administer to every person giving evidence before the said Court, the folhnving oath : " Tiio evidence you shall give to this Court Martial, on the trial of A. Ji. shall be tho truth, the whole truth, and nothing but the truth — so help you God.'" Provided always, that the judgment of every such Court Martial shall pass with the concurrence of two-thirds of the members, and shall not be put in execution, until the Governor, Lieutenant Gov- ernor, or person administering the Government, has approved there- of : Provided always,, that no ojjicer serving in any of His Majestifs other forces, shall sit in any Court Martial vpon 'the trial of any ojlirer or private man serving in the Militia. ! NO. III. Oi'FicK ov rnv. Dkthoit Morning Post, ^ January 11, 18SS. C Gen. Th. J. Sutherlani;, SIR — Having received information of ^our arrival in this city, I would embrace the occasion to request respectfully, an answer to to the following questions : — 1. " Are the Banks of Upper Canada now solvent" ? 2. " What arc the intentions of the Patriots, if they succeed in their efforts to redeem thc'Uppe', Province, relative to those Banks V^ It is highly important that correct information should be obtained by our citizens upon these points— especially the latter — as a large number of our wealthiest men are stockholders in the Upper Canada Banks, and as there is in Michigan a large amount of their paper in circulation. 70 Any facts yon tnny plons*' lo roinm»iiiir;iio on tlio gront (jiiostinii ni i.ssiK? tlirougli the coliiams of tlio Post, I .shall br Imppv to admit, providt'd surli facts do not contravene the existing laws of tlio United States, (.1- of this State. Very respectfully, Vour obedient N(,'rvant. BKN.I. KINCSimilV, .Ik. Dktiioit, 11th January, 18:J8. !*ii>iToii ok Dkthoit Mornino Posr ; Dear Sir — Vour note of this morning has been duly received and will be fully answered ; but having arrived in town from Hois Ulanc at a late l>our last evening, in a very bad state of health, I am un- «blo to-day to do more than give you copies of despatches which 1 Imvc forwarded to the Commander-in-Chief of our army, which you arc ai liberty to publish. Such parts of your in(juiries as arc not answered by the co|)ies of papers enclosed, I will do myself the lion- oi of replying to in detail, by an early hour to-morrow. Very respectfully, Your ob't scrv't, TH. J. SUTHERLAND. I (A.) PROCLAMATION. TO THK PATRIOT ARMY OV l!I'l>KR CANADA. Vcmipanions in Arms. True courage is alw.ys accompanied with high honor and with mercy to a subdued enemy. We fight, not for plunder ori)ower to oppress, but for liberty and sacred rights and the common cause of mankind. Our friends have been plundered and driven from their homes, their wives and daughters dragged from their beds and exposed to the most outrageous insults, and almost every part of our territory is groaning under the most insupportable tyranny. To redress these wrotigs, we are assembled in arms. Let us be- have lihc men who love justice, and scorn and defy oppressio". Soldiers of Liberty ! In order to insure success and a glorious victory, it will be necessary to enforce the most rigid military dis- cipline. No one, having joined the army, will be allowed without permis- of the eommandingofncer, to leave the ranks. Every desertion will be punished with death. 71 All orders must be slricly olwiyful. No ,,iio ...u.st act under anv circunistducfs but iu olxidicMico to the orders of the uOiccr having cumnmud. ICvery person not inarms must be protected in bis person iVoin nil harm. Mi private property must be respected. Not u single infringe- ment of private rights or possession will escajw the most severe pun- ishment. No one not in nrms, or regularly enrolled, will be permitted to follow the cu ..,.. Every idler will be tuken up und punished. Companions and Soldikrb, Wo marcli to restore, not to destroy, good order— to preserve, not to violate wholesome laws— to cstrblish equal rights und justice, yielding to others as rigidly us wo demand our own. Til. .1. SUTHERLAND, Itrig. Gen. Commanding 2d Division Patriot Army, U. (J. IIkai) Quartkrs, 2n DivrsioN, } Bois Blanc, U. (A, January dth, 1838. ^ (B.) PROCLAMATION. To THK Patriot Citizens of Upper Canada. You are called upon by the voice of your bleeding country to join the Patriot forces, and free your .and from tyranny. Hordes of worthless parasites of the British crown are quarten-J upon you to devour your substance, to outrage your rights, to let looso upon, you defenceless wives and daughters a brutal soldiery. Rally then around the standard of Liberty, und victory and a glorious future of independence and prosperity w^ll be yours. TH. J. SUTHERLAND, Brig. Gen. Commanding 2d Division Patriot Army, U. C. Head Quarters, 2d Division, > Bois Blanc, U. C. January 9th, WS. ^ (C.) PROCLAMATION. To the deluded suppobtehs of British tyranny in Upper Canada. You aro required to lay down your arms, and reture quietly to your honries. The Patriot Army of Upper Canada desire not ... ■...,..^^. \rQ iighi uiijjr iOi nuur'y» ana personai anU public satety . 72 Your persons and property shall be protuctcti, all your private rights preserved to you, your homes secured, your possession un- touched, on condition that you yield up your weapons and retire to your accustomed otcupations. You are now enjoying a moiety of liberty vouchsafed to you from motives of caprice or interest on the part of your Rulers. We will secure to you all the blessings of freedom by a permanent and an honorable tenure. Avoid then the horrors of war. Enrage not soldiers already ex- asperated by oppression. Save yourselves from violence, and your property from confiscation. Cease resistance and ali will be well with vou. TH. J. SUTHERLAND, Brig. Gen. Commanding 2d Division Patriot Armijy TJ. C. Head Quarters, 2d Division, ^ Bois Blanc, U. C, January 10th, 1838. ^ NO. IV. PETITION. To Martin Van Buren, President op the United States op America. The Petition of Thomas Jefferson Sutherland, now a Prisoner in the hands of the Government of the Province of Upper Canada — Sheweth : That your petitioner is a native citizen of the State of New York, and owes Uegiance to no other country than that of his birth. That he now addt jsses Y'oiir Excellency on a subject not merely affecting himself — but involving in it, principles of momentous con- cern to the whole of the American people. If it were otherwise — i.' it were a case not likely again to occur — if he were the only person likely to be affected, by the course of proceeding that has been pur- su Majesty's subjects, but others, foreigners— was therefore a private act, and ought to have been proved in the usual way by a sworn copy, which was not done. In vain, also, did he urge that he did not come wiihin the letter or meaning of this act— it not being proved that he was in arms after the 12th day of January, with any traitorous subjects of "^^er Majes- ty, either within or without this province. As fruitlessly did he object that any legal evidence of the true line dividing the two countries, as settled by the Commissioners appoint- ed under the treaty of Ghent, was produced— or that the maps, pur- porting to shew such division line were copies of the original maps prepared or sanctioned by such Commissioners— a pencil mark on such maps varying from the colored line v. as stated to be the correct line mtended by the Commissioners ; but no satisfactory evidence was oflered in confirmation of such statement. That your petitioner urged his right to a cross examination of witnesses produced on the part of the prosecution, and urged this right on points very material to his defence. He insisted that the whole of the admissions he had made before Magistrates when cap- tured should be inserted on the minutes of evidence— a part only of such admissions having been reduced to writing— and that if he were not permitted to obtain the evidence of such admissions by the cross examination of Col. Prince, one of those Magistrates, that no ^art of the admissions that happened to be reduced to writing Should be given in evidence. These and many other objections were all overruled by ^he Court Martial, and " your petitioner pronounced guilty of the chi.ge pre- fered against him and sentenced to be transported as a felon to one of Hei Majesty's islands during his natural life." From such arbitrary and illegal proceedincrs and sentence^ he now appeals to the power of his country, which he believes compe- tent to grant relief. Firmly relying that his case, involving the fate 76 also of so many others, will engage your earliest consideration, and attention. And your petitioner prays that such measures may be taken by your Excellency as will release him from the effects of laws, passed by foreigners, and put in operation against one who has not, even if he were bound by them, infringed either the letter or mean- ing thereof. And as in duty bound he will ever pray. NO. V. EXTRACT FROM JAY'S TREATY. Sec. 1 It is agreed, that it shall, at all times, be free to his Ma- jesty's subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary Hne, freely to pass and repass by land or inland navigation, into the respective territories and countries of the two parties, on the continent of America, (the country within the limits of the Hudson's Bay.company only excepted,) and to navigate all the lakes, rivers and waters thereof, and freely to carry on trade and commerce with each other. Put it is understood tha* this article does not extend to the admission of the vessels of the United States into the seaports, harbors, bays, or creeks of his Majesty's said territories ; nor into such parts of the rivers in his Majesty's said territories as are between the mouth thereof, and the highest ports of entry from the sea, except in small vessels trading bona fide between .Montreal and Quebec, under such regulations as shall be established to prevent the possibility of any frauds in this respect ; nor to the admission of British vessels from the sea into the rivers of the United States, beyond the highest ports of entry for vessels from the sea. The river Mississippi shall, how- ever, according to the Treaty of Peace, be entirely open to both par- ties ; and it is further agreed, that all the pons and places on its Eastern side to whichsoever of the parties belonging, may freely be resorted to, and used by both parties, in as ample a manner as any of the Atlantic ports or places of the United States, or any of the ports or places of his Majesty in Great Britain. LETTER TO GOV. ARTHUR. To His Excellency Sir George Arthur, Lieutenant Governor, &c. Thomas Jefferson Sutherland, a citizen of the United State? of America-, now detained a prisoner by the Government of the Pro- vince of Upper Canada, would respectfully represent to Your Ex- cellency, that it is his intention to present the circumstances of his 77 capture and detention to Ijer Majesty the Queen of Great Britain and Ireland, to the end of relief, and that he may bo liberated from his present condition and permitted to return to his country and friends. Wherefore he solicits Your Excellency to cause to be made and delivered to him a certified copy of all the proceedings taken against him by and before a Militia" General Court Martial in this Province, with his defence, made before said Court Martial ; and copies of the Laws or Statutes under which such proceedings were had, that he may lay the same, with his petition, before Her Ma- jesty by an early day. Very respectfully submitted to Your Excellency. , TH. J. SUTHERLAND. Home District Gaol, > 23d April, 1838. \ LETTER FROM J. JOSEPH TO SHERIFF JARVIS. Government House, P 26th April, 1S38. . \ Sir — { am commanded by His Excellency the Lieutenant Gover- nor, to request you to be so'obliging as to acquaint T.J. Sutherland, a convict in the Gaol of this city, under sentence of transportation, that His Excellency has received his memorial, requesting to be furnished with a " certified copy of all the proceedings taken against him by, and before, a Militia General Court Martial in this Province, with his defence made before said Court Martial — and copies of the laws or statutes under which such proceedings were had — that he may lay the same, with his petition, before Her Majesty, by an early day." In leply to this request His Excellency begs you to inform the Prisoner, that a copy of the Trial, and the documents connected with it, has been transmitted by His Excellency, to the Secretary of State for the Colonies. I have the honor to be sir, Your obedient humble servant J. JOSEPH. Mr. Sheriff Jarvis. s AFFIDAVITS. ss. State op Michigan, ) Wayne County. \ George R. Griswold of the city of Detroit, being duly sworn, de- poseth and saith, that he is personally acquainted°with Gen. Th. J. Sutherland, and that during the engagement between the Patriots and 78 the Canadians on Point aux Police Island, and while said Island was occupied by the Patriots on the 1st, 2d, and 3d of March, said Gen. Sutherland was in the city of Detroit, and that deponent believes said Gen. Sutherland was never on said Island, — and deponent fur- ther saith that said Gen. Sutherland hud, prior to said engagement, entirely disconnected himsolf by his acts, and by open avowal from any further connection with th" Patriots, and with any further mea- sures hostile to the British government. GEO. R. GRISWOLI). Sworn and subscribed to before me, } ti)is 2d day of June, A. D. 1838. 5 Ben. KiNGe«uiiv, Notary Public, W. C. S. M. City of Monroe, June 4th, 1838. The subscribers being requested to give information, if any we can give, relative to Gen. Sutherland's loss of a trunk in this city, we can say so far as this — that on or about the 28th day of Febru- ary, 1838, he, Gen. Sutherland, called at our store, in this city, and made known his losses, and we went to the Monroe House Tavern, and Conversed whh the Landlord and others on the subject, and could get no definite information, but were then, and now are of the opinion that he was robbed of hi:;> trunk there, and our opinion then was, and now is, that his trunk and contents were taken by sundry men claiming to be Patriots, who were then in this city. Gen. Sutherland stated to us that he should go from here to De- troit in hopes to gain information of his trunk and contents. J. HENRY MILLER. Firm of J. H. & J. C. Miller. Sworn to and subscribed before me, ? this 4th day of June, 1838. ^ Abner Morton, Justice of the Peace. ss. State of Michigan, County of Monroe. Abner Morton of the city of Monroe, in said county, being duly sworn, deposeth and saith, that on the 28th of February, A. D. 1838, at Monroe aforesaid. Gen. Th. J. Sutherland, then, (as this depo- nent understood) late of the Patriot army, so called, applied to this deponent for a warrant against one Charles G. Irish, and furnished a complaint in writing, charging the said Charles G. Irish, on the 20th day ofFebruary, A. D. 1838, at said Monroe, feloniously took, stole and carried away a certain trunk and contents, of the value of ftvu hundred dollars, the property of the said complainant, thai there- upon said deponent issued a warrant for the apprehension of the said Innd was aid Gen. believes lent fur- igement, val from ler mea- )LI). ^38. 'any we hivS citv, Febru- eity, and Tavern, ect, and re of the lion then I sundry e to De- . Miller. ing dulv D. 1838, is depo- \ to this irnished , on the ly took, 'alue of :it tlicrc- the said 79 . , Charles (i. Iri^h— that said conij)hiinant took said varrant, and wont, as this deponent understood, and now believes, in puisuic of the said Irish— that said Gen. Sutherland, as this depou(;nt v.is in- formed, was very soon thereafter taken by the English, near the Canadian line, and that said warrant has never been returncsd to this deponent. ABNCR MORTON. subscribed and sworn to before me, > this 4th day of June, A. D. 1838. 3 James Shaw, Justice of the Peace. ss. Statk of Michigan, > Wayne Connty. S T, Benjamin Chittenden, of the city of Detroit, in said county, being duly sworn, doth depose and sav, that he is personally ac- quaintrd with Gen. Th. J. Sutherland', a prisoner in Canada, and was so acquainted with him, Gen. Sutherland, at the time and when he, Gen. Sutherland (in company with one Spencer,) left Gibralter, in a direction for Lt)vver Sandusky, which was about 12 o'clock on the 4th of Mn rch, 1838 ; and about an hour and a half after their de- parture, he, this der ..ent with one David Thompson, left Gibralter in a sleigh for the city of Brest, lying about seven miles below Swan Creek, and that after travelling an hour or an hour and a half from (iibraltcr, he, this deponent, passed Gen. Sutherland and said Spen- cer on the ice, 7 or 8 miles below Gibraltar, and after so passing them, he, this deponent frequently stopped his horse and looked back, and saw Gen. Sutherland and Spencer, and being well acquainted with the course and distance from the mouth of the river to Point aux Pellee, he, this deponent, then observed to said Thompson, that by the direction of Gen. Sutherland and Spencer, they could not be bound^for Point aux Pellee. This deponent further says that about four o clock, p. M. of the same day, and after passing Point Mouillee, he, this deponent, saw Gen. Sutherland and Spencer about two and a half miles distance from said deponent, and evidently on our own waters, and far from the boundary line, he, this deponent saw Gen. Sutherland stop and stand still, and at the same lime, he, this depo- nent, saw a sleigh with persons therein drive up to and arrest Gen Sutherland and Spencer, which sleigh, this deponent had for some t:me seen approaching them apparently direct from Maiden, and this deponent further says that he is certain that Gen. Sutherland stopped some minutes before, and stood still until the sleigh drove up, and the persons therein arrested Tboth Gen. Sutherland and Spencer)— and that he. Gen. Sutherland did not run on the approach of the sleig.), as is reporied to have been stated by Col. Prince, who ar- rested him. 1 80 A)»(l tliis deponent fiirthur says, that he was called upon lor infor- mation relative to (general Sutherland's arrest, and at request ac- companied John Farmer, the Surveyor, on the 9th and 10th of March, ls;i8, for the purpose of examining the place of General Sutherland's arrest, and that although he, this deponent, signed a report, the result of said examination, as set forth in the allidavit of said Farmer ; yet nevertheless, he, this deponent, upon mature re- flection and deliberation entertains strong doubts about those being the tracks of (^en. Sutherland and Spencer, which he, this deponent pointed out to said Farmer, which he and said Farmer traced, and upon which the report of said examination was founded, as set forth in the afUdavit of said Farmer : because this deponent was below Point JVlouillee when he saw Gen. Sutherland and Spencer arrested, from which place this deponent is now confident he could not have seen Gen. Sutherland and Spencer when arrested, if arrested at the place of examimtion on the 9th and 10th of March, as set forth in the report of said examination, refered to in the atfidavit of said Farmer. And this deponent further says, that if those were the tracks of Gen. Sutherland and Spencer, which he pointed out to said Farmer at the time of the examination on the 9th and lOth of March, that then he, this deponent is clearly of the opinion that the thaw which had taken place subsequent to the arrest, but previous to the exami- nation must have so obliterated the impression of Gen. Sutherland's and Spencer's tracks at and beyond the place of examination, as to have prevented the tracing of them to the placo of arrest. This de- ponent thinks the appearance of the sleigh tracks refered to in the report, could not have been that of Prince's, and that if those were the tracks of Gen. Sutherland and Spencer refered to in the report of the examination, that then Gen. Sutherland and Spencer must have changed their direction at the place of examination, and pro- ceeded towards a certain vessel which was frozen in the ice, and the only one at the head of the Lake — and which said deponent saw du- ring the examination on the 9th and lOth of March, and which said deponent should th: k, and know was five or six miles distant — and as far as the eye could reach. If this was the vessel within half a mile of which it is reported that Prince has stated he arrested Gen. Sutherland, and being the only one in that vicinity, then he must have been arrested on our own waters, for this deponent thinks said vessel was not less than two and a half or three miles westerly of and from the bfundary line. BENJAMIN CHITTENDEN, Sworn and subscribed before rae, ^ this22ddav of June, l83a. ^ J. W. HiDuo. HI for inlbr- quest ac- 10th of General signed a Ikluvit of ature rc- )se being deponent oed, and set forth as below arrested, not have ted at the rth in the Farnner. racks of I Farmer rch, that iw which 10 exami- he Hand's on, as to This de- to in the ose were le report ;er must and pro- , and the t saw du- hich said mt — and in half a ted Gen. he must inks said iterly of DEN, Sta'I'f 'oi' Omo, "^ Lucas Cnun/ji, ^' ^' Ira Smith of ilio city of Toledo, in said county, being duly sworn, (loposf'th and saith, tlwit ho is arcjuninfod with Ge'iiorai 'J'li. /. Suther- land, rind was so arcjuaintfd with him Ik'Ioiv and at. the time of the disturbnnccs in (Canada. 'I'hat he knows llio time when hf, (Jen. Suthorlnnd, was^ongagerl in said contnst— that ho saw him. Gen. Sutherland, at Tohido aforesaid, soon after the troubles in (-'anada aforesaid bngan to assume a serious aspect. That at that time ho stated to this dcpuucnl he had autl.ority to t;il£i, at the city aforesaid. S6. Statk ok Michioax, Wayne Counli/, I, .Tohn Farmer, of tho city of Detroit, in said county, being duly sworn, doth dejioso and say— that on the Dth day of March 1838, he, this deponent received an order from tho (lovernor of this State rc([uiring him, (this deponent) as surveyor, to take immediate meas- ures to ascertain whether the arrest' of Thomas J. Sutherland, a citizen of the United States, occurred within the jurisdiction of said I This deponent further saith, that ho was at said city of Detroit on the 4th of March IS'AS, the time \\c, (Jen. Sutherland,"^ was arrested by the British authorities — that ho was therefore ignorant of tho place of his arrest, and consequently had to refer to others for informa- tion : And as it was reported " that Benjamin Chittenden and David Thompson had stated that they saw Gen. Sutherland at Gibralter on the Ith of March last, the day of his arrest; that they also saw him with a person supposed to be Spencer, leave our shore on foot upon the ice, in a direction for Lower Sandusky, and that some time after the dopartiire of him. Gen. Sutherland and Spencer, they, Chit- tenden and Thompson started in a sleigh from Gibralter on'the ice for the city of Jircst, and that after passing Point Mouillee, and about three or four hours, after tho departure of Gen. Sutherland and Spencer, they, Chittenden and Thompson saw them about two and a half miles distant, and evidently on our waters, overtaken and arrest- ed by persons in a sleigh apparently direct from Maiden." Therefore this deponent sought for, but not being able at that time to find Thomp- son, be called upon said Chittenden 07ily, who not only confirmed said report, but also stated to this deponent that he presumed that he could find the tracks of Gen. Sutherland and Spencer on the ice, by 83 tracing which tliis dopoiuinl ruight arrive tit the pluco of thuir urrost ; this (li'pniiont, thercronjcmphn'CHi said ('hittciidcri, and also onu E.ii. 1ialhro|)t() assist him, and liuviiig provided hiiiiscir with itistnimcnls for tho purposi! ordotcnriiiiing acciiratoly the sitit;itioii of the phioo of arrest, providing its proximity to thi! national houndary line should rendcir its jurisdiction uncertain or douhtful ; he, this de'ponent, with said Chittenden and Lathrop proceeded forthwith to (lihralt(!r. thenco by the direction of Chittenden to a place on the ice helow (Jibralter where said Chittenden pointed out to this df'ponent the tracks of two persons heading towards the Canada shore, which were then suppos- ed to be the tracks of Sutherland and Sjienccr; they were paralhd and about three or four feet apart— those made hy the person who had walked on the ujjper side were much larg(!r of the two, confirm- ing what Clnttenden liad previously staled, to wit— that Ccn. Suth- erland was much the larger man of the two and walked on the up- per side. These tracks this deponent traced to their termination, as he then supposed, a short distance from which, was a sleigh track apparently from Maiden ; bui which this deponent could not ariive at nor oxamine, on account of tho holes in, and tho decomposition of the ice at this place, which wasexce(«dingly rotten and covered from six U) ten inches with water. Tiiis place'this deponent and also Chit- tenden and l^athrop .lien concluded was the place of Cen. Suther- land's and Spencer's arrest, ft was, in the o[)ini. .u of this deponent, within one and a half miles of the Canada shore, and in full view of Maiden ; the (Queen's store house at which j)!acc could he distinctly seen between the main shore of Canada and I'.ois lilanc Island, and the light house on said Island bore north five degrees east. This place then, supposed to he the plcae of his arrest, was so evidently, within the jurisdiction of Canada, that this deponent, and also said Chittenden and Lathrop, deemed an actual survey and measurement entirely unnecessary. This deponent therefore drew up a report at the time, setting forth the rc:,ult of said examination as aforesaid, which was signed by this deponent, and also by sa.d Chittenden and Lathrop ti.d winch he, this deponent, delivered to the Governor, a copy of which this deponent has not preserved, because he then believed that that was the place of Gen. Sutherland's arrest— and that it was so evidently within the boundaries of Canada, that its jurisdiction would not and could not be questioned. But as said Chit- tenden has, since the making of said examination, and the said drawing up and signing of said report, stated to this deponent that he, Chittenden, upon more mature reflection, entertains strong doubts about those being the tracks of General Sutherland and Spencer which he pointed out to this deponent at said examination ; and that if they were, that he, the said Chittenden, is of the opinion that the 84 heavy thaw vvliich succeeclcd tlieir arrest, must I'avc so obliteratcJ the frocks at the time, niul cspocitilly at the phireof said exainiiuitioii us to have prevented our perceiving them I'lirlher, and consequently have prevented tracing them to t!i('ir ultiniafe lerniination, the phice of their arrcht ; assigninq as a reason that (Wn. Sutherhmd and Spencer had been travelling (|uile rapidly for three or i'our hours on the ico when they wore overtaken and arresttMl. and that conse(juent- Jy th;-y must have ])roceede(l further tlian four or five miles at the time of their arrest; and said Chittenden alleged as a further reason that iu; and said Thempson could not have seen them frcri Pcjint ' Mouilleo when arrested' if they were arrested at the place of said examination. This deponent would th'-refore also observe that if those were the tracks of Clcn. Sutherland and Si)encer, and if thev were bevond the i)lacc of said examination, that he, tliis deponent is fully of the opinion, that the ice, at this place and immediately beyond in its vi- cinity, was so extremely rotten and full of holes, as to have render- ed it very hazardous, if not impossible to have pursued them further, oven if their tracks had continued visible. And this deponent would further observe that the snow which had been quite deep on the ice at the time of their arrest, was at and beyond, in the immediate vi- cinity ofsaid examination, so nearly exhausted by the thaw which succeeded their arrest, anJ ihc ice at this place was so covered with water, so open in spots and iillcd with air-holes, in a certain direc- tion, that this deponent is of the opinion that the tracks of General Sutherland and Spencer would not have been legible further, if they Imd continued on from this place in the same direction, or if they hiXd turned towards the centre of the Lake, or towards a certain vessel lying in sight of, and about five or six miles from this place, but their tracks would have been legible if thev had here turned to- wards \\\c American shore. It is tlierefore possible (even if those were their tracks,) that this was not iheir termination, or the |)laco of their arrest, as they might have turned at or in the vicinity of this place towards and in the direction of a vessel frozen in the ice, which this deponent saw and should think was about five or six miles distant. If this was tiio vessel, (and this deponent saw no other) within half a mile of \. liicli it is reported that Prince states he arrest- ed Gen. Sutherland, and if he was arrested within halfajiiile of this vessel, tlien this deponent has no doubt he was arrested within the jurisdiction of the United States ; for this deponent is clearly of opinion thnt this vessel lay at least a mile and a half, if not more westerly of the national boundary line. This deponent would also further observe that in Ins opinion it would have been utterly im- possible fqr said Chittenden and Thompson to have seen the urrest 85 of Gen. Sutherland and Spcucor by the liritish from Point Mauilleij, if they were arrested at the place uV said exam iualion aforesaid, und further this deponent saith not. .INO. FARMICR, Surveyor. Detr ii, J. ne 31, 1838. Sw'oiji and subscribed before me, ^ th • t <^ 'joy of June, 18J18. ^ D. IIarbauuh, Justice of the Fence. To Mis Excellency, Martin Van Buren, President of nre United S'iates of America, The undersigned, now a prisonerin the gaol of the city of Toronto, Upper Canada, would respectfully represent to your Excellencv, that he is a citizen of the United States, a native'cf the city of A'I- bany, State of New York,— a son of Ambrose Spenccs, late Jhief Justice of said State of N. York — and t'aat he sometime in the nonth of February last arrived at Detroit, in the State of Michigan, where he became acquainted with Gen. Th. J . Sutherland, of the Patriot Army of U|)per Cannda, and from whom he then learned, that he, (Gen. Sutherland) had resigned his command v \\ the Patriots and was about to return home. That about the first of March, he was informed by Gen. Sutherland that he. Gen. Sutherland, had been robbed of his trunk, containing his clothes r.nd papers of value, by persons known to the undersigned, which induced him to tender his services to Gen, Sutherland fo. aid in the recovery of his proper- ty. That the persons whom it was believed had committed the rob- bery had fled, as it was supposed, towards Sandusky, Ohio, bv way of Perrysburg; and for the purpose of intercepting them, he pro- posed to cross the ice at the head of Lake Erie, from Gibralter, Mi- chigan, directly to Sandusky City, which might be done on foot and Sandusky arrived at by one third the distance or less than the route by Perrysburg, Ohio, which Gen. Sutherland consented to undertake wjtli him. That for this purpose the undersigned with Gen. Sutherland, and no other person in company on the 4th of March last, at about 13 o'clock M. we left Gibralter and travelled down upon the ice towards Sandusky, keeping the whole time several miles towards the Ame- rican shore from the channel of the waters. That at about half past four o'clock, p. M. of the same day, when he and Gen. Sutherland had arrived within about half a mile of a schooner which being frosen in the ice, a little west of the island called the West Sister— ^they were 86 both arrested by one John Prince, a mcmbiM- of the Provincial Par- liament of Upper Canada, Colonel in the :Militia, and Justice of the i'eace of the same, assisted by an armed bodv of men, and convey- ed i>om thence to FortMaldc, and then to thiscitv. That at the tinrie of our capture, we were «o near the West Sisier as plainly to observe 'he treco singly thereon, and so far from the shores of ihe United States, and of Canada, that we could see no speci/ic objects there. That when wejirst discovered the sieighs in which Prince and his party, pursued us and when they luid gaine(J more than two- thirds of the distance between us and the (Canadian shore, they were so far from us < hat wo could not distinguish their character, and supposed the sleigh and teams to be but individuals on foot, as wc were ourselves. That fi-oin an examination of the maps, and as we believed at the time we were captured, several miles within and to- wards the American shore f'vom the boundary line between the two counlrics, and that at the time of our capture, neither G-n. Suther- land nor the undersigned were connected with any Patriot force, or rebel subjects of H'^r Majesty the Queen of Great'Britain. That they had no arms with them except two old swords which Gen, Sutler- land had picked up by the way from Detroit as his propertv, and which were in themselves inobensive weapons. And the undersigned would further state to your E.xcellency that upon being brought to this city, he was confined with Gen. Suther- land in the garrison— from whence in a few hours on the same day of our arrival, the undersigned was removed from Gen. Sutherland at the garrison to the gaol, where he was met bv '.lobert B. Sullivan, President of the Executive Council of this P.^vince, who then took him into a private room, and showed him a letter to himself (Mr. S.) from Sir F. B. Head, directing the ordering of a Court Martial for the trial of Gen. Sutherland and himself. Mr. Sullivan then said to me " have you any thing to say which would clear yourself— a Court Martial has been ordered for your trial as vou see^ and under the circumstances it will be all but an impossibility for you to escape, and if you will give evidence against Gen. Sutherland, it is the only rreunp you can rely upon tor your life, as he, Gen. Sutherland cer- t»uily ;!iust die !'' Mr. Sullivan also urged me to agree to '* testify against Gen. Sutherland, that he wo.s going to Pellee Island when captured— on which there was or lately had been an armed body of Patriots.-^ He desired me also to testify " that when captured he was within the linos of the British province," which the undersigned declined. That during the progress of Gen. Sutherland's trial be- fore a Court Martial in this city, Mr. Sullivan came to the under- signed at five or six diflercnt times, and desired and urged him to go before the Court Martial and testify to the matters above stated, 87 as requested, against Gen Sutherland, wluch l,c refused to do, as the same was not w accordance with truth. And the undersigned would further state that from the time that ne WHS removed Irom the company of Gen. Sutherland untd 'e close of Ins trial, he was treated with all the favor and attention th^t could he bestowed upon hirr, which were withdrawn, ar d he e u- cea to the cond.t.on of other prisoners confined in thj gaol-and a winch state he now remams-as soon as the trial was over and du his'l';:^nSs.'"' he had no communication with Gen Sutherhnd or The undersigned would further state that ho has not been nut upon GeVsn h "'V"^ C;ourt Martial, and that the Court before w Lorn Gen Sutherland was tried has been dissolved, after sentencing him alii': 5.":nSr ? r °"^ ^' "^'- ^^^•'^^^^•■^ Islandrdur^hi^^nalu" said tHal. ''"' ""^^ ''''''" ""' examined as a witness on Dated Toronto, > S.M.SPENCER. April 21, 1838. ^ thaMvP t""'^ ?"''1 \'' ^^?^""'° subscribed, do certify and state pt ence oTsif'"'^ M%"^"'' "^^^'^" '^^"^''^ read to, and in the ron o :fnf ^''^^""f .^f- SP^"^^'-' now a prisoner in the goal of To- Td ^fflr ''", T\ '"•" u' '^^ ^'•'^'^^ ^'"^^ ^"bscribe his name thereto, fnl w ? ' ''^'' '^^^ "•^ '^"^ ^^^'' ''' ^^'^'^ in the above writ' ings were true and correct : April 21, 1838 HENRY JOHNSON, CLAUDE COMPEAU, W. VV. DODGE, CHARLES LOW, BARTHOLOMEW PLANTE, STEPHEN B. BROPHY, HENRY W. JOHNSON, DAVID PORTFR MMES i7rV^I^^^' ROBERtTaYLOR, JAMlj^S BROWN, A D BOKDTMP^ATT GODLIP ECKAr'dT, TOHN WH k7e ' JAMES JOHNSON.