REPORT OF THE TRIAL OF BRIG. GENERAL WILLIAM HULL COMMANDING THE NORTH-WESTERN ARMY OF TUE UNITED STATES. BT A COURT MARTIAL HELD AT ALBANY ON MONDAY, 3d JANUARY, 1814, AXD SUCCEEDING DAYS. LIEUT. COL. FORBES, OF THE FORTY-SECOND IlEGT. US. INFANTRY, AND A SUPERNUMERARY MEMBER OF THE COURT. NEW-YORK : PUBLISHED BY KASTBURX, KIRK. AND CO. .IT THE irrriiAiiT r,on>r, CORNER oy VTAI.I 1 s 1 i, AKD BO WEST, PIHSTEKS, Vo. 13, Fletcher Street. H District of Jfev)'York t ta. t B XT HEMEHBKRiD, that on the iwcnty-fifth day of July, in the thirty-ninth year of the independence of the United States of America, Eastburn, Kirk & Co. of the said District, have deposited (t. s ) in this office the title of a book, the right whereof they claim as proprietors, in the words and figures following, to wit : " Report of the Trial of Brigadier General William Hull ; command- ing the North-Western army of the United States. By a Court Martial held at Albany on Monday. 3d January, 1814, and succeeding days* Taken by Lieut. Col. Forbes, of the 42d regiment United States Infantry, and a Supernumerary Member of the Court" In conformity to the Act of the Congress of the United States, entitled " An Act for the Encouragement of Learning, by securing the copies of Maps, Charts, and Books to the authors and proprietors of such copies, during the time therein mentioned." And also to An Act, entitled "An Act, supplementary to An Act, entitled An Act for the encouragement of learning, by securing the copies of maps, charts and books to the authors j and proprietors of such copies, during the times therein mentioned, and J extending the benefits thereof to the arta of designing, engraving, and etching historical and other print*." THERON RUDD, Clerk of the District of New-Yoifc 286 JLC INTRODUCTION. J.N presenting to the public a report of the Trial of William Hull, Esq. late a Brigadier General in the service of the United States, it will not, 1 hope, be expected, that I should offer ny thing of my own, in illustration of the proceedings injustification of the government, or in crim- inating or exculpating Mr. Hull. These duties have been committed to abler hands ; my efforts have been studiously applied to collect a correct and impartial transcript of the whole proceedings taken at first, with a view of elucidating the evidence for my own governance, should I have been called upon to pronounce sentence. That unpleasant task did not, however, devolve upon me ; I therefore beg leave to submit the following sheets as " A Report of the Pro- 44 ceedings of a Court Martial held at Albany, for the V Trial of Brigadier General William Hull of the Army " of the United States." A trial which has excited such a lively interest with the public, was certainly entitled to my greatest attention ; although this has been as far applied to it as was consistent with other duties, yet I am aware that imperfections may be discovered in the collection and arrangement, and crave the indulgence of the public accordingly, in submitting among others, the following reasons, viz : General Hull would not listen to any proposals for the copy of the defence, which made an application to the war department for it necessary, whence it was most readily granted. The obliging promise of the Special Judge Advocate to furnish his opening and summing up, has from some inad- vertence, not yet been complied with, and is no doubt de- layed from the multiplicity of his avocations. As the could not proceed for want of witnesses, (only four having made their appearance) again retired. After several propo- sitions for adjournment, the court at length adjourned to meet at 10 o'clock A. M. on Wednesday, the 12th January at the same place. 3rd day, ITediusilay, '2lh, January 1814. The Court met, pursuant to adjournment General Hull appeared, and proposed that Robert Tillotson, Esq. should be admitted as his counsel ; which was agreed to. The Judge Advocate acknowledged the receipt of further documents from the war department; but could not proceed in the trial, as not more than four witnesses had made their appearance. The Court adjourned to meet, at the same place, ou Thurs- day, the 13th January. if/i daijt Thursday, iolh, January 1811. The Court met at the Senate Chamber, pursuant to ad- journment. Only Seven witnesses having answered to their names, the court, after deliberation, resolved to write to the Secretary at war for permission to adjourn to such other place as the court might think proper, or the President might prescribe, as the proceedings were suspended for want of witnesses Adjourned to Monday 17th January. M Sih day, Monday, 71 h January 1811. The court met pursuant to adjournment the charge* against the prisoner were read ; (vide Appendix) to which Gen. Hull pleaded Not Guilty in the usual form. It wa> then proposed that C. D. Colden, Esq. should be the additional advocate in behalf of the prisoner, which was granted by the court. The witnesses not having yet appeared in sufficient: iiumber to enable the Judge Advocate to proceed in the trial, ihe court adjourned, to meet in the Hall of the Supreme, court, in the Capitol, at 10 o'clock, A. M. on Wednesday jJie IP th January. 5 6lh day, Wednesday 9th January, 181i. The Court met pursuant to adjournment All the members present.- General Hull delivered the following ADDRESS. Mil. PRESIDENT AXI) GENTLEMEN OF THE COUKT. THE court has heen pleased to admit that I have a right to the assistance of counsel in my trial But it seems to be questioned to what extent I may avail myself of that assist- ance AVhen the members of the court call to mind the na- ture of the charges which are made against me, they must perceive how deeply the determination of this question may affect me. Among other things, I am charged with treason. The constitution defines this crime to consist in levying war against the United States, adhering to their enemies, giving them aid and comfort. As often as there have been trials for treason under the constitution, tiie most eminent Lawyers, as well on the bench as at the bar, have differed in some opinions as to what should be considered as evidence of the facts which constitute this high crime. The greatest talents of our country have been exerted and exhausted in debate on these subjects, and can it be supposed that I, who am ignorantof law as a science, who have no talents for argument, should be able to discuss before you the tc-sti mony which may be offered under this charge, in a manner that can do justice to myself, or be satisfactory to you. But, Mr. President, the decision of this honourable court on my present application is not only highly interesting to me; but, as it involves an important constitutional question, I can not but think it deeply concerns every member of the com- munity The proceedings of this tribunal will be remembered as long as there is in existence any history of our country. The rank and character of the honourable members of this court will give a weight and sanction to whatever they may determine ; which will be a precedent that will hereafter hau- the force of authority On this ground, as well as in regai-d to my own case, I am anxious that the important point nov. before yon shonld be deliberately and rightly determined. At the last sitting of the court, my counsel were called upon to state how far they supposed their request to assist me ex- tended. In answering this question, which it was not ex- pected would at that time occur, and speaking from the impres- sion of the moment as to what were the rules on this subject to he found in the English writers on martial law, and from what they believed to have been the practice in similar cases, my counsel answered that they claimed the right to cross examine the witnesses for the prosecution, to examine my witnesses, and to speak upon any questions of law which may arise in the course of the trial. But, sir, my counsel upon consideration are convinced, and they have satisfied me, that their claim was too limited ; and I now with all possible respect, but with the utmost confi- dence in the legality and justice of my claim, demand that my counsel may be permitted to speak for me on all occa- sions, either in the progress of the cause or in its conclusion. I am not about to deny the respect which is due to the English writers which may be appealed to upon this occasion. I admit that we. may learn from an enemy. But I rest the claim I now make upon much higher authority than these writers. I appeal to the constitution of our country ; and I invoke the spirit of reason, justice, and liberty, which has cast off from us those chains which were rivetted upon the inhabitants of the old world in times of the utmost bar- barism, and by which the writers oa the English criminal law, whether civil or military, yet feel themselves bound. Before I explain the grounds upon which I now make a claim, which I have acknowledged is beyond what the rules established by those writers could admit, I beg leave to ask the attention of the court, while I examine as well the foundation on which these rules rest, as their extent. For upon this latter point it appeared to me, from what passed at the last session of the court, that there was some difference of opin ion among the members. Some gentlemen seemed to sup- pose that my counsel would only have a right to examine the witnesses, others that they would have a right also to debate any collateral questions which might arise. My ob- ject at present is to show that even by the practice of English courts martial, and the rules adopted by English writers, counsel have a right to speak on every question but the final one, whether the accused be guilty or not. I have said we have none but English authorities on tins subject, and this is certainly true ; although a treatise on mar- tial law has been published in this country under a highly respectable name, yet it will be found that the \\ork is a mere compilation from foreign writers, and that the author has adopted not only their ideas, but, in most instances, their very words, without having for a moment reflected bow far the rules they established were consistent with the rights of personal security, guaranteed to us by the constitution and laws of our country ; and which, in our estimation, render our condition so far superior to that of others of our race. I shall therefore confine myself to the examination of the English authorities, because, when I have examined these, I shall have examined all that has been said by our own wri- ters on the subject. I must regret, Mr. President, that the researches of my counsel upon this subject have necessarily been so confined. In the situation in which we are placed, we could only have recourse to a few books. M' Arthur in his treatise on courts martial vol. 2, page 42, says, " It is likewise the practice at courts martial to indulge the prisoner with counsel, or at least amici curhe (or friends of the court) to sit near him, and inr struct him what questions to ask the witness with respect to matters of fact before the court ; and they may commit to paper the necessary interrogations which the prisoner may give in separate slips to the Judge advocate, who read-: them to the court, and if approved, (that is, proper to be put/) he inserts them literally in the minutes." Tytler, states that it has been the established usage that the accused are not to be allowed to interfere in the pro- ceedings of a court martial by pleading or argument of any kind. No question, these authorities would confine the office of counsel to very narrow limits ; and indeed if these are the. 8 proper limits ofthe accused, it would not be absurd to deny the accused the assistance of counsel altogether ; for, most cer- tainly, an interference to this extent would only embarrass and do no possible good. But the first of these authors appeals to their own civil courts to warrant this practice. And they may well con- sent to do so, because by the laws of England a person ac- cused of any capital crime is not entitled to be heard by counsel ; yet in these cases, says Blackstone, (i commenta- ries 355) " The Judges never scruple to allow a prisoner counsel to instruct him what questions to ask, or even to ask questions for him? with respect to matters of fact. For as to matters of law, says the learned and humane author, arising, in the trial, the prisoner is cnlitlcd to the assistance of counsel." Not only upon the trials of issues which do not de- pend on the question of guilty or not guilty, (says Judge Fos- ter, one of the most learned Judges that ever graced the En- glish bench,) but upon collateral facts, prisoners under a capi- tal charge whether for treason or felony, always were entitled to the full assistance of counsel." But if the practice of the English civil laws are to be a rule in this subject, why should only a part, and the most rigorous part of their rules be adopted ? why not permit, counsel not only to examine wit- nesses, but speak upon law points as they may do in the English criminal courts. I can not, however,^Mr. President, admit that the practice of cither the civil or military courts of a Government, so different from ours in every thing which is a security for the rights of persons and of civil liberty, are to be a rule for your government. Every commentator who has written on this subject has blushed for the absurdity and barbarity of the reasons on which this exclusion is founded. Speaking of this rule, Blackstone says " It is a rule, which, however it may be pallia- ted, seems not of a piece with the rest of the humane treatment of prisoners by flic English law. For, upon what face of reason can that assistance be denied to save the life of a man, which is allowed him in every petty trespass I" Christian in his notes in Blackstone says, " It is very extraordinary the assistance of counsel should be denied when it is wanted most that is when it is wanted to defend the life, the hon- our and ali the property of an individual." The censures of judge Blackstohe on this inhuman rule of the English law. have heeii quoted by M'Arthur himself, and are given as an introduction to the rule which he adopts. But, indeed, as if ashamed of the rule, and as if even the practice of the English courts would not he sufficient to sanction it, he refers us to the practice of the Egyptians, and cites them as an authority for the rule ; and I think sir, he may well have done so ; for prohahly there was less despotism and barbarism in Egypt than there was in Knj-laml, in those times when this rule \\ as adopted, and when a prosecution by the crown was in effect a sentence of deafh, and when the object was to guard against every interposition between the accused and the sword of the King. Are we then, Mr. President, in this country to be governed by rules which are derived from such a source, and have originated in such motives ? Shall we adopt rules at which the sense, reason and humanity, of all mankind, since the civilization of the world, have revolted ? I ask these ques- tions with a confidence that the members of this honourable 'ourt when they have considered them (and I pray that they will take time to consider them) will answer them ii, the negative. But, Mr. President, I make a higher appeal upon this oc- casion than to English writers or English practice : I appeal io the constitution of our country ; and if you do not find mv i laim sanctioned by the letter of that instrument, I am sure you will by its spirk, which I know must govern the delibera- tions and decisions of this honourable court. By the amend- ments to the Constitution it is provided that in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defence. I know well, Sir, that if this provision betaken in connection with the context, and the instrument be construed according to the technical rules of law, it will be considered as applying only to civil prosecutions But, upon this occasion, and in this honouralde court, I look for a disposition that shall trample upon professional quiblings. For, by minds that are able to B 10 separate and feel the influence of the rays of truth awl justice, however* they may he obscured by words and onus, when it was provided that the accused should have the benefit of counsel, how can it be supposed that it was in- tended to confine this provision to accusations before a civil court. Is there any reason that can apply to the admission of counsel before a civil tribunal, that does not apply to a mili- tary court? It is not to be supposed that the judges of a civil court are less learned, less honourable, or less humane, than those of any other tribunal. It is as much their duty to be counsel for the prisoner, as it is the duty of the Judge advocate or of the members of this court to 'discharge that charitable office. Can it then have been the intention of the constitution that counsel should be admitted in the one case and not in the other ? In the passage before quoted, Judge Blackstonc says, upon what face of reason can that assistance be denied to save the life of man, which yet is al- lowed him for every petty trcspasss?" May I not ask upou what face of reason can that assistance be denied to save the life of man before a military court, which yet is allowed him before every other tribunal ? Let me once more beg to turn the attention of the court to the English writers, from whom the rule now under consid- eration is derived. I think an inconsistency of their reasoning will be most manifest. Mr. Tytler in his treatise, page 221, iu advocating the propriety of allowing counsel to suggest inter- rogatories to the witnesses, says, " This benefit the court will never refuse to the prisoner; beeause'in those unhappy circum- stances, the party may either want ability to do justice to his own cause, or may be deserted by that presence of mind which may be necessary to command or bring into use such abili- ties as he may actually possess." I feel, Mr. President, in its full force the justice of this reasoning. I feel that I may want ability to do justice to my own cause, and with the sensations which the accusations now before you excite, it may be that I shall bedeserted by that presence of mind which might command or bring into use what abilities I have. But, \vhy does not this just, sound, and humane reasoning apply to every stage of the prosecution as well as to the examination 11 of witnesses? Does it require less abilities or less presence of mind to argue the questions which may he presented to you : to discuss for instance, what may or may not he trea- son under the constitution and laws of the United States j and finally to arrange and sum up the mass of testimony, which, from the number of the witnesses who have been called, it may be presumed will be offered to you, than it does to put questions to the witnesses. Another reason assigned, why the accused before a court martial should not have the full benefit of professional aid, is that the Jtidgo advocate is supposed to be of counsel for the prisoner. The judges of the American law courts are equally bound to counsel those who are accused before them. And yet the aid of counsel before the civil courts has been thought a right worthy to be secured by the great charter of our liberties. But, sir, our military code has defined how far the judge advocate is to consider himself as the counsel for the accused. By the 59th article of war it is provided that the judge advocate " shall so far consider himself as counsel for the prisoner, after the prisoner shall have made his plea, as to object to any leading question, to any of the witnesses, or to any question to the prisoner, the answer to which might tend to criminate himself." If this be the extent of the duty of the judge advocate in respect to the prisoner, let me entreat you, Mr. President, and the honourable mem- bers of this court to consider, how far the assistance which 1 have a right to claim from the judge advocate must fall short of that aid which I may require on this occasion. I shall trouble the court with the consideration of only one other reason, which has been urged for not permitting be- fore courts martial the full aid of counsel. It is said by Mr. Tytler, page 91, that this < aid is not requisite before these courts, because they are in general composed of men of abili- ty, and discretion." Certainly, sir, this reason applies with its fullest force upon this occasion. Is it not also to be sup- posed, that generally the judges of the civil courts arc like- wise men of ability and discretion ? and if this reason will ap- ply to exclude counsel in the one case, why does it not in the other. In fact, Mr. President, the military courts of England have taken this rule, as they have most of their other rules 5br conducting prosecutions, from the practice of their civil courts* But the constitution having in this respect changed the practice of our civil courts, is it not reasonahle and just that our military tribunals should conform their practice to the practice of our civil courts ? But, sir, whatever reasons may be urged to exclude professional aid on the part o *he prisoner, let me ask with great respect, why they will not equally apply on the part of the prosecution and yet it is most evident that the officers of the Government, who liave instituted this prosecution, have not felt the force of those reasons : If they had, they would have left the prosecu- tion to be conducted by the military prosecutor and yet, ,ir,you sec, to the charges which have been drawn up against me, the name of one of the most eminent counsel in the United States : and I find enlisted against me, in aid of the military Judge advocate, a professional Gentleman of this .State not less distinguished for his talents. If technical learning is to be excluded upon these occasions, how does it happen. Mr. President, that the charges now before you are obscured by such an abundant verbiage, and distorted to so many different forms, that it is almost impossible for any but a professional man to understand them ? I hope sir, that there are no courts in our Country whether civil or military, however otherwise it may be in England, where ilicve is one rule of justice for the prosecution, and a different one for the accused as to the practice in this Country I can say but little. I will only add, that one of my counsel informs iue that he has been engaged as counsel for the prisoner before two naval courts martial ; and that, in both instances, lie was allowed tojnterrogate the witnesses and to argue all questions which arose, as fully as he might have done in a civil court. He did not ask to be permitted to sum up the evidence, because he acquiesced in the authority of the English writers ; but which he now believes, for the reasons I have assigned, ought not to govern in this country. Mr. President, my life, my character, every thing that is ilear to me in this world is at stake. I have not ability to manage my own cause. Reason, justice, humanity, the con 13 stitution and the laws of my country, give me a right to professional aid in its fullest extent ; aiull pray to he permit- ted hy the court to avail myself of it. I beg leave, Mr. President, to add a few words hefoiv 1 leave this interesting question to the consideration of the court. Though sir, a sense of my own inability for an occasion of this kind, makes me earnestly solicitous to he permitted to avail myself of the full aid of counsel ; yet 1 can not conceive that the nature of the testimony will be such as to make me desire the interposition of my coun- sel ; and I have every reason to expect from all I have observed, the utmost liberality and candour from the judge advocate : The court may be assured that it is neither my intention, nor the intention of my counsel to occupy the time of the court by the discussion of legal subtiltios, or to maketechnicle objections, I promise the court that I shall not, if it should be in my power make any objections to matters of form of any kind, nor shall I suffer my counsel to make them. I stand upon my innocence, and all I wish is a fair opportu- nity to prove it. I have already suffered too much in my feel- ings, and in my character by the delays which have taken place, to wish to postpone for a moment the final decision of iny case. Permit me, Mr. President, to avail myself of this opportu- nity to make a suggestion which is not connected \\itlithe subject of the foregoing address, but which is hardly less interesting to me, I am ready for my trial 1 am anxious that it should proceed. But, sir, if the trial were to commence, and if the court after having examined in public some of the witnesses for the prosecution, should then adjourn for any length of time, the court will perceive that it would be the utmost hardship upon me. The testimony here openly given against me would be abroad, and would make its impression on the public mind : vhilc the examination of exculpatory ir-timouy would be deferred to a distant day I have already too severely felt the effects of public prejudices, and cxparte relations, not to wish that no further opportunity may be given for them. 1 hope, therefore, that it will be understood by die, court, when the Judge advocate commences the trial, thai he is ready to proceed with it, and that the progress of the cause is not to depend on the arrival of witnesses who may be absent. The court agreed to deliberate upon the subject of this ad- dress, and evinced a disposition to indulge the prisoner as far as their duty to the public would admit. The court was ac- cordingly cleared, when the address of Gen. Hull was read and considered. Upon its being again opened, the opinion of the court was "that the communications by the prison- er's counsel should be made in writing through the accused." Lt. Col. Forbes took the necessary oaths, and was admitted to a seat ; after which the court adjourned to Wednesday, 26th Jan. ScTeiith day, Wednesday 26t/i, Jan. 181i. The court met pursuant to adjournment, all the members being present. The special Judge advocate (the Hon. Mar- tin Vanbeuren) addressed the court on opening the case, and read the following DOCUMENTS. The order of arrest, by Adjutant General Gushing against Brig. Gen. Hull. The discharge from parole of Brig. Gen. Hull by Col. Barclay, British agent for prisoners. Letters from the Inspector General A. Y. Nieoll, Nos. 1, 2, 3, from the war department, detailing the officers to compose the court martial for the trial of the accused. A letter from Brig. Gen. Hull to the Secretary of war, dated 3rd April, 1809. A letter from the same to the same, date'd 25th March, 1812. Two letters from the Secretary of war to Gen. Hull, both of April 9th, 1812. Two letters from the same to the same, dated 23rd and 29th May, 1812. A. letter from the same to the same, dated ICth June, 1812. Two letters from the same to the same. Dated 18th Juno, 1812. A letter from the same to the same. Dated 2ith June, 1812. Two letters from the same to the same. Dated 2nd and 26th July, 1812. Three letters from the same to the same. Dated 19th and 19th July and llth August, the receipt of which was not acknowledged by Gen. Hull. Contract for provisions. Dated 8th August, 1812. A letter from Brig. General Hull to the secretary of war. Dated 17th April, 1812. Two letters from the same to the same. Dated Pitsburg, 26th and 28th April, 1812. A letter from the same to the same. Dated Marietta, 3rd May. Three letters from the same to the same. Dated Cincin- nati, 8th, 13th and 17th May, 1812. A letter from the same to the same. Dated Dayton, 23rd May, 1812. A letter from the same to the same. Dated Camp Meigs ; 26th May, 1812. The speech of Gov. Meigs to the army of Ohio. Dated 25th May, 1812. A letter from Brig. Gen. Hull to the Secretary of war. Dated Dayton, 23rd May, 1812. A letter from the same to the same, dated, Staunton, 3rd June, 1812. Four letters from the same to the same. Dated, I rhanii . 9th, llth, 12th, and 13th June, 1812. A letter from Lieut. Col. Miller to the Secretary of war. Dated, Urbana, 12th June, 1812. A letter from Brig. Gen. Hull to the Secretary of war* Dated, Urbana, 17th June, 1812. A letter from the same to the same. Dated Camp Neces- sity, 2ith June, 1812. A letter from the same to the same. Dated Fort Finlay, 26th June, 1812. Return of the force of the army on 26th Jime, 1S1"2. \ 16 A letter from B. Gen. Hull to the Secretary of war. Da- ted, 2Mb June, 1812. Two letters from the same to the same. Dated, Detroit, 7th and 9ih July, 1812, (the latter not read.) A. letter from the same to the same. Dated, Sandwich, Upper Canada, 13th July, 1812. A proclamation hy Brig. General Hull, dated 12th Julv, 1812. Published 20th July. Four letters from Brig. Gen. Hull, to the Secretary of war. Dated Sandwich, 9th, 10th, 14th, and 19th July, 1812. A letter from Col. Cass to B. Gen. Hull. Dated 17th July 1812. Eight letters from B. Gen. Hull to the Secretary of war. Dated Sandwich, 20th, 21st, 22nd, 28th and 29th July, and 4th, 7th August, 1812. A letter from the same to the same. Dated, Detroit, Sth August, 1812. Articles of capitulation. Dated, Detroit, ICth August, 1812. and supplementary articles of the same date. A letter from B. Gen. Hull, to the officer commanding at the Rapids. Dated 17th August, 1812. A letter from Major Gen. Brock to Brig. Gen. Hull. Da ted 15th August, 1812. A letter from Brig. Gen. Hull to Major Gen. Brock. Same date, in reply. -\ letter from Brig. Gen. Hull to the Secretary of Mar. Dated, Detroit, 13th August, 1812. Two letters from Brig. Gen. Hull to the same. Dated Montreal, 8, and 26th Sept. 1812. Aftop which the court adjourned to the next day. Eighth day. Tliursday 27/7i Jan. 1814. The court met pursuant to adjournment ; when, finding that many of the witnesses appeared, it determined to pro- ceed : upon which the Judge advocate called upon Brig. Gen. Lewis Cass; who, being duly sworn, was proceeding with Vis narrative, when a member of the court suggested the propriety of all other persons present, who had been sum- wioued as witnesses, being directed to retire during the ex- amination : No objections to their presence, however, were made on the part of the prisoner, and they were permitted to remain. General Cass proceeded in his evidence, and stat- ed, that he was with the liorth-western army at Dayton> and had command of the 3d. Regt. of Ohio militia. that the army was joined atUrhana, by the Mh. Regt. of U. S. Infan- try, under Colonel Miller,-- that he (witness) arrived at tie Miami, on the 29th or 30th June. That he never saw Geu. Hull disciplining, reviewing, or maneuvering the troops in any way from their arrival at Detroit to the time of surren- der. That orders were issued \ but that he does not know whether there was an orderly book or not. That he was at the rapids when General Hull hired a boat about the 1st July ; that he does not know that General Hull had a knowledge of the war having been declared ; and that he had not had any conversation with General Hull previous to that time, which could induce General Hull to believe that war was declared- that he does not know what papers were in the boat that about 40 or 50 men, invalids, his (witnesses) own servant, and part oi his baggage were in it. That he did not examine the fort at De- troit very accurately, but thinks that some of the embrasures were defective and wanted repair, and that the platforms were in some measure defective. That he does not recollect the guns and gun carriges. That the picketing was in remarkably good order, and as good as he ever saw ; and that he never saw any repairs made either before or after the army went into Cana- da. That the troops passed over into Canada on the 12th or 16th of July (he could not be precise in the time) and con- sisted of nearly the whole of the force, excepting invalids and about 100 men of the drafted miiitia of Ohio that they landed in good order at Amherslburgh, at about eighteen miles dis- tance ; and that the main body of the army left Canada about the 8th August; about 150 or 200 men remaining in their original position for two or three days, in a stockade built on the banks of the river ; and which was afterwards destroyed. That there were about 250 or 300 British regulars at A mherst burgh, according to the estimate given to Gen. Hull by the deserters, who came over in hundreds. General Cnss further 18 stated That when the army landed in Canada, the militifc jbrce there was estimated to b very considerable ; but that before the army left that side of the river, this force was supposed to have been very much reduced; probably, and ac- cording to the conversation in the American Camp, to one hun- dred. Gen. Cass believed that from the day of the arrival of the American army in Canada, the militia men, who were cal- led into the service at Maiden, came over to the American Camp, took protection from Gen. Hull, and, within the last fortnight of the army's stay there, the greater part of them left the camp for their own homes, as Gen. Cass supposed. Brig. Gen. Cass further stated, that when the army first went over, but few Indians had joined the British, and that most of those on our side the lake appeared friendly that few apprehensions Mere expressed by Gen. Hull, until the fallofMiehilamacanac that Tecsumahwas at Balden when the army arrived at Detroit, as was also Marploek, with a band of the Pottowatomies, but not a numerous one. The witness could not slate precisely any conversation of Gen. Hull as to the force of Indians at Maiden, or their designs- he supposed the fall of Michilanr.u-kanac was known to the American army about the 25th, or from that to the end of July ; he could not say whether the fall of that place encour- aged the Indians to join the British, or not : but that no In- dians, to his knowledge or belief, from thence, arrived a( either Maiden or Detroit (certainly not at Detroit) until three days nfter the- surrender he stated however, that about the time of the fall of Micliilamacinae the TVyanots were cither enticed or taken over by the British into their province. A Map by the English was here presented and admitted to be good, with some few unimportant inaccuracies viz. The American army did not land at the place described in the map, but below Hog-Island, No redoubt was thrown up in the encampment as described in the map. From Sandwich to the river Aux Canards lies an open country, cul- tivated for many years, for a distance of about 12 miles, along or near the river The river Aux Canards is a small stream, but deep about three rods over, perhaps not so much. ' has a bridge : there is an open prairie ground from tufc Camp towards Maiden, for the space of about 1 1-2 miles, near which the ground is bad for marching troops, the whole distance from Sandwich to Maiden is quite level. A sketch of the military post at Amherstburgh was next produced, and admitted to be correct, and as having been taken from Gen. Proctors' trunk Gen. Cass then stated that he had examined those works since the British left them that, as to the fort, it is only an outline that from present appearances the north and the west sides could never have been defendedthat the east and west sides appeared to have been rendered defensible a few weeks before the ar- rival of the American army in Canada that the whole work, as well curtains as bastions, appeared to have been originally designed to be constructed of car(h that on the north side there was a small curtain of earth thrown up, with a narrow and shallow ditch ; but that the cast side is now become a very good curtain of earth, secured by logs that the works of earth are fresh, and appear to have been made a few months previous to Gen. Harrison's landing there that the west side could never have been very difficult of approach and that the whole of the works could be commanded from ground about a quarter of a mile up the river, as a person walking in i he fort may be seen from that place. Gen- Cass, in continuing his evidence, stated that he had t'xamined (but not minutely) the fort, before General Hull crossed, and was of opinion that the works were not defen- sible, which opinion he declared to Gen. Hull, in a conver- sation with that officer also, that lie knew Gen. Hull to have been at Maiden, oftener than once. Witness declared that, on the morning on which the army crossed the Detroit, it was his wish, and, he believes, the wish of most of the officers, to proceed directly and take a position near the river Aux Canards: that the reasons assigned for halting at Detroit were to give an opportunity to the Canadian militia to desert, and to take some heavy cannon he further stated that, a day or two after crossing the river, Colonel M' Arthur was sent ;vith a considerable portion of his Reg. about 60 miles up the river French; to secure a quantity of flour and some public so property that during his absence Gen. Cass requested per- mission of Gen. Hull to reconnoitre the ground between Sand- wich and Maiden that he was granted about 2SO men under Col. Miller, and proceeded for that purpose that the detach- inenttook possession of tbe Bridge Aux Canards, and that the British picquet guard fled on their approach that the v.itness and Col. Miller considered this bridge as preseuting the only point of approach to Maiden, and in consequence sent two mes- sages to G. Hull (the latter one a joint note) stating that it was the opinion of thje officers that the bridge ought to be main- tained that, in answer to the verbal message, a peremptory order was sent to return to the written one, a note was re- turned, that on account of the distance from the Camp, and the necessity of procuring cannon, as well as on account o uneasiness concerning Col. M'Arthur, in his opinion the bridge ought not tp be kept ; and finally referring to them the dis - crelion of keeping it that, after part of the 4th Reg. joined them from the Camp, a consultation of officers was held, when it was determined to abandon the bridge, under an impression, by an almost unanimous opinion, that Gen. Hull should have taken the responsibility and not they the detachment re- turned to Camp, as did also Col. M'Arthur that several de- tachments were afterwards moved to the same place, the ob- ject of which the witness did not then recollect, (hie de. tachment under the command of tbe witness to reinforce Gen. M'Arthur, upon a report which proved to be false nnother, under Col. Findlay, was also sent and returned smother, under major Denny, the object of which was not known to the witness, was attacked and driven in another to the river Raisin, under Major Vanhornp, to convoy some pro- visions Capt. Brush was bringing from Ohio ; which detach- ment, consisting of about 200 riflemen, of the Ohio volunteers, ^yas attacked and defeated. TVitness stated that the insuffi- ciency of the detachnient was represented to Gen. Hull in the most earnest manner by himself Col. M'Arthur and Col. Findlayfor reasons given in a long convention, Gen. Hull considered it as competent while the colonels declared their conviction tbat it would be defeatcd-Gen. Cass further stu ii;at the report made by him in a letter to Gen. Hull, under date of the 17th July, is a correct statement of the transac- tions of the dclaelimc nt under his command, and that of Col. Miller. There were no other operations by that detachment ; also, that Col. Miller moved to Brownstown, hut whether be- ipre or after the evacuation of Canada, he does not remember. That soon after the army had crossed into Canada, a council was called of officers commanding corps, and all the field-of- ficers ; when the question put to the council was " Whether Maiden should be attacked ?" that Gen. Hull stated, that in two days carriages f6f heavy guns would be ready and cannon mountedThe council, witness believed, was unanimous for an immediate attack upon Maiden ; and nearly a moiety of (he officers was for proceeding without waiting for cannon a small majority was for waiting two days, if cannon could be obtained by so doing the cannon were mounted after waiting :ibout that time that Gen. Hull told the witness that he con- sidered himself pledged to lead the army to Maiden, and that the Officers and men, with scarcely a single exception, were -ardent to go against that place Witness thinks, that the day (Jen. Hull ordered the army to re-cross the river was the one which had been fixed for the attack of Maiden ; and says that there was an universal spirit of dissatisfaction, and a fueling of indignation through the army on the promulgation of that order. Ilie court adjourned to the next day. Mh, day, Friday 28th January, 1811. The court having met, pursuant to adjournment, the ex- amination of B. General Cass was continued : That officer stated, that an order for the march of the troops to Maiden had been issued, which he did not yesterday remember; that on conversing since with some gentlemen, he has since recol lected that there were other detachments, besides those men tioned by him yesterday, sent from Sandwich; one of which, under Capt. Snelling, was to the river Aux Canards ; but for what purpose it was sent, or of what number it consisted he does not recollect : another detachment was under a Mr. For, ?jth, to Keller uo. the property of Lord L. but whether this was part of the detachment under Col. M* Arthur or not, witness does not recollect : it brought down a considerable number of sheep, to the amount of several hundreds, which were taken care of at Detroit and its environs, when surrendered : wit- ness further stated that there were several councils of war held before the army evacuated Canada, besides the one de- tailed yesterday : one at which two officers of artillery were present : when the question arose " hew hcivcy guns were to begot dorcn the rirer to JttaldenT' those two officers thought it would be a difficult matter to e^ect, as there was a bridge over Turkey Creek, 3 miles north of the river Aux Canards, over which they thought the guns could not be ta- ken ; those guns were on board of floating batteries , they were therefore of opinion that they should be carried down the river, on those floating batteries, to the northward of that creek : witness does not recollect whether, at the time the council was held, the guns were on board the floating batteries : another objection, made by those two gentlemen to the river Aux Canards, was, that the Queen Charlotte might prevent the passage of the guns. Gen. Cass then stated that the two artillery officers differed from all the Infantry officers as to the transportation of the guns down the ereek and river : the former thought there were difficulties which the latter thought might be surmounted ; this council was after that mentioned yesterday, but before the order was is- sued for the troops to march to Maiden several other meetings of officers were called by Gen. Hull. Gen. Cass next stated, that the troops commenced their re- treat from Canada on the 8th August, a little after dark, and were crossing all night j and that the order for so doing wa- issued about the evening of the same day and that he is the more confident in this opinion from the sensations it created in the camp. He says that the militia force of the enemy was daily decreasing ; while no addition, that he knew of, was made to their force, excepting that of the AVyandots, who live opposite to Maiden and on the American side he does not recollect any previous conversation of Gen. Hull's on, Jhe expediency of the evacuation of Canada. S3 The witness, proceeding in his evidence, said, that th British commenced the erection of two batteries nearly op- posite to Detroit, on or about the 10th August, and that no measures were taken to prevent the erection of those bat- teries before he left Detroit that those works were carried on by the enemy in open sight of the American army that the river is about 1100 yards across, and the ground about the same height on both sides that he is not prepared to say whether or not application was made to Gen. Hull to fire upon the enemy that he did hear Gen. Hull state, before tho evacuation of Canada, that the amount of musket cartridges and of fixed ammunition was large, but does not recollect uhat that amount was that the want of ammunition was never stated in any of the different councils as an objection to military operations and that he understood that Gen. Hull had ordered a quantity of ammunition to be brought. That the situation of the army with respect to provisions was a sub- ject of very frequent conversation between Gen. Hull and the officers that he never knew or understood that the army was in want, or likely to want. That there was a large quantity of meat in the country surrounding Detroit, on the American side, sufficient to last the army for several months that he understood from Gen. Hull that, exclusive of a quantity of flour, a large quantity of wheat was to be purchased and ground on the spot ; there being two horse-mills and one wind-mill about 8 miles from Detroit, besides water-mills- but he cannot say whether those mills were in operation that his impression was, that there was a very considerable num- ber of cattle at the river Raisin, but not the same proportion of flour that is, of provisions sent thither by the State of Ohio that his opinion, founded upon the opinion of the in- habitants and upon experience, was, that provisions might Lave been procured there sufficient for the support of the army for 3 or * months that Gen. Hull had lived in that quarter for several years before and that the resources of the country were a subject of general conversation, as well a* of conversations with Gen. Hull. Gen. Cass then said that he left Detroit on the 14th Au- Rtist In the evening, with a detachment of about 350 men" v Si under Col. M' Arthur, s,cut by General Hull to open a dorn munication with the river Raisin this detachment was equally from the regiments commanded by Col. M'Artlitir and the witness that Gen. Hull had received a letter, on the morning of the lith, from Capt. Brush, advising him that he would, on a certain night, leave the river Raisin by a path which doubled the distance to Detroit, but which was deemed more secure than the shorter one that this detach- ment was not furnished with provisions when marched off they were to march 2* or 30 miles he believes there was an. allowance for provisions that, after marching till about midnight, the troops lay down, and early on the ensuing morning recommenced their march, which they continued all day ; that, towards the evening of the 15th, some mounted men were dispatched todescover, if possible, a trading house, said to be half-way to the Raisin. That when the detach- ment was half a mile on its return (which it was foantl necessary to do) there was an order received from Gen. Hull to return ; the men had had nothing to cat but corn and pumpkins taken from the adjacent fields. On their return, and when near Detroit they killed one or two oxen. The orders to the detachment were to proceed until they met Capt. Brush, which they expected to do on the 2d day after their departure ; that on the evening of the 15th Au- gust, at dark, a note was received by Col. M 'Arthur from Gen. Hull, stating that Gen. Brock, who had come to the opposite side of the river, had summoned Detroit to surren- der, and directing him to return : (hat they marched so late that night that many of the men could not support the fatigue, and resumed the march very early the next morning ; that they heard cannonading at Detroit, and, when within a mile and a half or two miles of that place, met a Frenchman who declared that Detroit had surrendered to the British ; that they then fell back 3 or 4 miles, to an advantageous post on the river Rouge, where there was a bridge, at which they thought they could defend themselves, and ascertain whether the fort had really surrendered or not ; the intelligence was soon confirmed by deserters from the fort. That a council 85 >f Officers was then held, to consider what course should b& pursued. In this council it was considered that l-4th or per- haps l-3d of the detachment could make good its retreat to Ohio, and therefore it was determined to send in Capt. Mansfield with a flag to the British commander, to inform him that if there was an unconditional surrender, they (the detachment) were prepared to defend themselves ; but, that if there was a condition in the capitulation, that the detach- ment might return to the United States, they would avail themselves of that condition. That, one hour after Capt. Mansfield's departure, a flag was sent out by Gen. Brock, with a letter, as witness believes, from Gen. Hull, stating that the detachment was included in the capitulation, and requiring its return that Capt. Mansfield also return- ed, and said that the detachment had been included in the capitulation : upon which it did return to Detroit and sur- rendered itself. Gen. Cass further said, that when he left Detroit for the river Raisin; the troops were in good health and spirits ; that is to meet the enemy ; but were unpleas- antly situated. Being asked by the court what he meant by an unpleasant situation, the witness answered, that the Officers and men had lost all confidence in the commanding Officer that this Mas not a matter of mere private opinion, but was the general expression and feeling. The witness said that the character of the Michigan militia stood high. That when the detachment approached Detroit on the south-west part, and afterwards struck the river at Spring Wells, and marched up the river to Detroit, on the morning of the 16th August, when they heard of the surrender, it would have been in the rear of the British : which was a circum- stance the British had been apprehensive of. The witness now, resuming his evidence oa the charges generally, further stated, that he never saw much neglect of duty on the part of Gen. Hull before crossing the river at Detroit, except at Urbana and Dayton, where there were opportunities of disciplining the troops. t Question by the Court. Was there uo order for that put* pose ? Witness did not recollect any order, nor any appoint- ment made before the arrival of the troops at Detroit, when Capt. Rickman was appointed j he never saw Gen. Hull cither discipline his troops, or review them ; or visit the guards or the siek j or attend to the police of the camp ; or reconnoitre the country $ or appear on grand parade ; or perform any of those duties prescribed to General Officers. Question 6j/ the Court Were there never any orders issued ? A. Not to witness's recollection. Q. AVere there not field-officers who reported to G. Hull ? A. There were. Upon recollection, the witness said he saw Gen. Hull at Dayton teach a column to change front ; and, wheri the troops marched from Dayton, Gen. Hull gave the word of command, which witness never after heard him do. He never believed Gen. Hull guilty of treason ; never was in action with him, and knows nothing of his courage ; but considered him an inattentive officer. GEN. CASS WAS THEN" EXAMINED BY THE COURT. Q. Were there any artillery officers present at the coun oil prior to that in which the attack on Maiden was deter- mined on ? A. I do not recollect; but believe Capt. Dyson was present. Q. Was there any new impediment to the passing of the cannon ? A. I neither knew nor heard of any. Q. Did the army retire from Canada in good order ? A. There was riot much order with new troops in, a re- freat by night. Q. Was the order to retreat the act of a council, or the individual act of the General ? A. I never heard of any council. I know it was strongly opposed by the army. Q.. Had you any reason to know that Gen. Hull was acquainted with the detachment under Col. M'Arthur's being 87 on i(s return to Detroit, or was any messenger sent to advise the General of it ? A. The dragoons were sent to reconnoitre, but returned on Account of the Indians. Q. Do you know the cause of the sudden retreat from Canada ? Was there a large force in the neighbourhood ? A . After the fall of Mackanac (Michillimakanack) Gen. Hull appeared to be under great and severe apprehensions, and apprehended a great force from that quarter. I also be- lieve he saw two letters, one from Gen. P. B. Porter, and the Other from Gen. Hall, stating that Gen. Brock was inarch- ing up. I believe these letters were received by Gen. Hull after the surrender of Detroit. BRIG. GEX. CASS WAS NOW CROSS-EXAMINED BY THE PRISONER. Q. Who where the officers who applied to Gen. Hull for an order of battle ? A. I think Col. M Arthur, Lt. Col. Mills, and Lt. Col. Findlay, applied ; but the paper shewn (here a paper marked " Vanbeuren C" was shewn) was sot the order of battle agreed to by the officers. Q. Was not the order of march just shewn, published or made known to the army ? A. I do not know ; but presume it was. Q. Had you any conversation with Gen. Hull respecting the despatch of the vessel from the Miami ? A. I do not recollect ; but presume I had. Q. Did you apprehend that there was war then ? A. I did not j or I would not have sent my baggage. Q. Whether or not did Gen. Hull think it expedient, unr der the then existing circumstances, to send the vessel from the Miami ? A. It is impossible for me, at this distance of time, to re- collect ; but I believe that Gen. Hull's reason for sending the vessel was to save the expense of sending the teams fur- ther. I think that was one of the reasons given for sending the vessel. Q. Was it not a wilderness through which the army had to inarch ? S8 A. From about 14 miles north of Urbana to Miami k was. Q. Was the order of march conformable to this plan, and were the officers consulted respecting it ? A. It was nearly ; wUh the exception that the columns were never closed with the rear guard, nor the baggage iu the centre. It was, I believe, the order of march by Gen. "Wayne, adopted by Gen. Harrison in the same country, and proposed by Col. Miller or Findlay. Q. Was not the army on its march as liable to be at- tacked in its rear, as on its flank or in its front ? A. I think we were as liable to be attacked on one point as on another. Q. Were there not directions, accompanying this order of march, in what way the army was to form in case of attack ? A. I do not know that such directions were given. Q. After I took command of the troops at Dayton, were not the sentiments I expressed to the troops, and the meas- ures I adopted, calculated to inspire the troops with ambi- tion, regularity and discipline ? A. I do not recollect any sentiments expressed, other than the address to the troops ; which I think was a good one, and that you acquitted yourself on the occasion very well. With respect to measures ; I do not know that any were adopted in relation to those objects. Q. Whether or not, when I took the command at Day- ion, were orders issued for the different regiments to parade 1>y companies in the morning, and by regiments in the after- noon for exercise ? A. With the exception I have before slated, I do not re- collect such orders. Q. Do you not recollect my exercising the troops .at i~rhann. myself? A. The army \vas out, for the purpose of being reviewed The court adjourned to the next day. 29 10th day, Saturday, 29/7i Jan. 1811. TIIE CROSS EXAMINATION OF BRIGADIER CEXEUAL CASS CONTINUED. A letter dated Sandwich 17th July, 1812, was exhibited by General Hull to General Cass. Q. Is that a copy of the letter sent to you at River Aux Canards ? A. It is in substance. Q. How many days was the army at Detroit before it crossed to Sandwich ? A. I think 5 or 6 days. We arrived at the Spring Wells, near Detroit, staid two or throe clays at the wells and cross- ed on the 12th. Q. What could have been done to the works, previous to crossing ? A. There could have been a great deal done, or vei-y little. I cannot answer with precision I was not in the fort at De- troit, until my return from Canada I wish to give a proper answer. The Army had had a tedious march, and therefore it might have been right to employ the troops upon fatigues. Q. Are you acquainted with Capt, Thorpe, of the artifi- cers ? A. I am. Q. Was I not employed, l>efore crossing the river, in or- ganizing a corps of artificers. A. A corps of artificers was organized under Capt. Thorpe, but whether before or after the passage, I cannot say. Q. Were not artificers called from the different regiments ? A. There were some detailed from the regiment under my command, and probably from the rest. Q. After we arrived at Detroit, and before crossing the river, were not several detachments sent to obtain boats and other means of crossing the river? A; I do not recollect ; boats were collected and col- ler.ting : I do not know of any public boats. Q. Was it not apprehended that the fall of Maekana<; vmild have an injurious effect upon the Indians and Canadian militia? 30 A. Ai I before stated, Gen. Hull felt great apprehensions ; but I did not ; nor do I believe the other officers did the ob- jects of the expedition might, in my opinion., have been effect- ed before any ill effects were felt. I do not know of a single Indian having arrived at Detroit until three days after the surrender Neither was there much danger to be apprehend- ed from the Canadian inhabitants, as in my opinion the greater proportion of them had taken protection from Gen. Hull. Q. Who commanded the British at Maiden, about the be- ginning of August? A. On or about the 7th August, General Proctor succeed* ed Col. St. George in the command. Q. Did not Gen. Proctor bring a considerable reinforce- ment ? A. The impression on my mind is that about 100 men ar- rived there with him. Q. When you received my letter at River Aux Canards, was the opinion of the officers, about returning, unanimous ? A. I think it was, or nearly so. Q. Were instructions given to Major Yanhorne to take a bye-path ? A. I understood there were. Q. Was not Brownstown to be avoided ? A. I think he was instructed to avoid Brownstown. Q. W T as the force that attacked Major Vanhorne any other than of Indians ? A. I do not know, but understood so. I believe a detach- ment of British troops passed over from Maiden, during the fire and after Major Vanhorne's action. Q. Was the council, at which the field officers were, called shortly after our arrival in Canada ? A. I do not know, but presume it was. Q. W T as not the question whether Maiden should be attacked ? proposed in that council ? A. L think il was. . Did I not state to this council that the artillery was nqt prepared, having only 6 nounders ? A. I cannot say. It is probable. Q. Did I not state to tbe council that the enemy at Maiden liad 18 and 2i pounders ? A. Very probably, but I do not recollect it. Q. Did I not state that we must rely upon the bayonet alone, for want of cannon to make a breach ? A. I think you did. Q. Did I not submit to the commanders of new troops, that if they were confident in their dependence upon their men, to storm regular works manned with regular troops, and that with the bayonet, I would lead them ? A. I think Gen Hull might have had the valour, but as to his offer to lead them, I do not recollect it my opinion and impression was, and I believe it was that of commanding officers of regiments, that the army could take the fort. Q. What was the opinion of this Council - ? A. I think that by a majority of one, it was agreed to tvait for the heavy ordnance. Q. Did I not state on the 7th August, previous to the re- treat to Detroit, that my object in returning to Detroit was to concentrate my forces, the better to open my communication with the river Raisin ? A I recollect that General Hull, on the evening of the retreat, endeavoured to satisfy the officers (that is, the com- manders of regiments) that the evacuation would be proper for the purpose stated in the question, but they thought dif- ferently-.-The General ordered his own opinion to be carried into effect, considering himself as the responsible person ; ob- serving farther that he thought the act proper, and although his son, his officers and every person were against him, he would act agreeably to his own judgment. Q. Did I not inform you, previous to crossing, that major Chambers, of .the 41st British regiment was advancing from Fort George against our army at the head of Lake Ontario* (Moravian grounds) with artillery and an additional force of militia ? A. Gen. Hull stated tha.t Major C. was at the hcatj of river French, with some regulars and some Indians, and raking the militia. I believe this was previous 1o our leaving Canada, but am not certain : the distance bet\vct-i Detroit and river French, where Major C. was, is one hun- dred and twenty miles. Q. Was not the march through the wilderness a heavy and fatiguing one ? A. It w r as : and Gen. Hull hurried us as much as was proper. Q. Do 5011 not recollect my order for the building of several block houses ? A. There were two completed on our inarch; one com menced, but left incomplete ; and a detachment was left at Miami to build a fourth. The army marched from Dayton to Stanton, wiffi a view of taking a different route from the one taken. Q. Do you recollect a council of war held at my house, at Detroit, on the 9th, July, and what was said and done ? A. I do. The order from the Secretary at war was submitted to the court, directing you, on your arrival at Detroit, to take measures for securing your post, and to wait further orders. At that time it appeared as if the enemy were erecting batteries on the opposite shore : it however subsequently appeared that it was not the case. It was my opinion, and that of the other officers generally, that you ought to cross the river without further orders. My impression was that Gen. Hull agreed to cross the De- troit, without further orders from the Secretary of war. Gen. Hull was very much embarrassed and was relieved by an order received that very night. Q, When did you arrive at Detroit after the capitula- tion ? A. On the same day after dark. Q. Were not all the militia who had joined the army, excepting twelve hundred, unauthorized by government ? A. I do not know. I understood that twelve hundred were required by government from Ohio ; all the rest were taken under the responsibility of Governor Meigs. Here the cross examination of Brig. Gen.Cass was closed p und he was re-examined by the court. 33 Gen. Hull's order of the 17th August, marked " taken ot Gen. Proctor" was produced. It was directed to the com- manding officer at the Rapids, desiring him to surrender with his men as heing included in the capitulation, and be- longing to Michigan territory , a distance of many miles from Detroit General Cass said that 30 or 40 men of the Ohio militia made off and returned home in safety, after giving notice to Captain Brush, who also returned home with his detach- ment, without regarding the capitulation, of which he heard. Here M'Arthur, page 8*, was referred to by the Judge Advocate, as to matters of opinion, in consequence of which further questions to General Cass were waived. General Cass then said that at the time of the evacuation of Canada ; hut thinks, after that event ; if General Hull had re- iivd from Detroit to take up a position at Raisin, in his opinion ihe Ohio volunteers would have left him The witness does not recollect that General Hull suggested to him the idea of such a retreat, as an event which a subsequent state of things might require ; or that he told General Hull that the Ohio militia would leave him : although he thinks they would have done so, under the idea of a surrender but that if it was deemed a necessary and proper step they would not. question by the Court AVcre the orders for detachments from the army regularly accompanied with directions, in the general order, for the number of rations to be issued and taken with the detachment ? A. I do not recollect ; but I rather think not. Q. By General Hull. AVIien the detachment under General M'Arthur arrived near Detroit, on the day of the surrender, did it not occur to you that some signal might be given to the fort, informing them of your approach ? A. Before we got near enough to the fort to make any signals, we heard from a Frenchman that the fort had sur- rendered, which was done when the detachment was 4 or 5 miles from the fort. \Ve also saw Indians catching horses and shooting cattle. The court adjourned to Monday next. 34 lth day, Monday 31st, January, 18ii. The Court met, pursuant to adjournment, when major Jo nah Snelling, of the 4th Infantry, called on the part of the L T . S. was sworn and examined : He stated that he joined the N. W. army at Urhana, and remained with it as captain until the surrender to general Brock that he never heard of any order of battle (hat he understood there was an order of march, but never saw it promulgated in orders : that the army marched with an advanced guard and flanking parties, and arrived at the rapids on or about the 30th June that lie heard! there was a message in camp from Washington ; that the first intimation he had of the hiring of a vessel was ou the 1st July, when Col. Miller called at the officers tents and told them they must put their baggage on board of vessels for Detroit. That the army arrived at Springwells ou the 3th July, that on or about the Oth or 7th, the whole army inarched through Detroit in the morning and re- turned in the afternoon ; on the 6th or 7th marched from Spriiigwells on the 8th or 9th marched with baggage and camp equipage and encamped in the rear of the town of Detroit it remained there until the 12th, when the whole army crossed over into Canada : Gen. Hull, as witness he- Jieves, crossed over with the last division of the army. That witness was in Canada about 16 days with the army, during which time fatigue parties were detailed every day ; that witness then returned to Detroit with a detachment under Col. Miller, to prepare artillery iVe. for the attack on. Maiden ; but does not know if the detachment was employ- ed on that service that he was in the detachment under Col. Cass that took the bridge ; that it was the opinion of the officers generally, and he believes unanimously, that the possession of the bridge Mas of great importance towards taking Maidenthat this opinion was communicated to Gen. Hull, who returned an answer, leaving it to the discretion of the officers ; upon which they determined to evacuate the liridge. That the officers did not persist in their opinion, be- cause they thought, or at least he did, thattbe Gen. should h^, 35 taken the responsibility on himself, and not have thrown it upon <hc officers that the principal reason hy which the officers were iafluenced, was their thinking it was a proper position for the army, which, it was expected would move down j but that the distance from the then position of the army was too great for a picquet guard. That witness was sent with a reinforcement of between 80 and 90 men to reinforce, or rather to cover the retreat of Major Vanhorne, as soou as it was reported that he was in danger ; but that the detach- ment did not proceed far before Major Vanhorne's party was met returning. That while witness was in camp at Sandwich, an attack on the Queen Charlotte was contem- plated. Here an objection was made by Gen. Hull to Ma jo; Snelling's testifying to any thing not in the charges or spe- cification, upon which the Judge advocate submitted the fol- lowing questions, which were waived for the present. Q. Was an attack on the Queen Charlotte contemplated, previous to the capitulation ? Were there any preparations made by our army to carry it into effect ? was the plan aban doned ; and what were the reasons assigned by Gen. Hull for so abandoning it ? Major Snelling then stated that he remembers seeing the enemy erecting batteries on the opposite side of Detroit river on the morning of the 15th August, that a court of enquiry was sitting to inquire into the conduct of Lt. Hanks, when about 10 A. M. captain Fuller saw a white flag crossing, upon which Col. Miller adjourned the court that witness then pro- ceeded with Captain Fuller to receive the flag that Lt. Col. M' Donald and Capt Glegg bore the flag, were blindfolded and conducted by order of General Hull to a house near the fort (100 or 200 yards distant) belonging to major Hunt, civil aid to General Hull, until the communication was made to Gen- eral Hull, who directed the gentlemen to be detained ; which was done until 3 o'clock P. M. during which time they were measy at their detention that witness went into the street, and saw captain Hull, aid de camp to his fatlier, who said he .had the letter in reply in his pocket : but was ordered to wilh 36 Jhold it, under (he idea of giving (he army time for defence. That witness however soon saw people running info the fort and in all directions, carrying beds, &e. That witness and captain Fuller were stationed near Hunt's house in the cita- del yard that the rendezvous of the regiment was in the Fort, that of the militia in the rear of the town, in the open ground; that he had no knowledge of the movements of the troops, or of* any orders being given : that witness perceived with a glass the enemy taking down a building which covered a masked bat tery erected by them ; and that in about an hour after the re- turn to their side of Lt. Col. M'Donald and Captain Glegg, a firing of cannon commenced, upon which witness formed his company and the remainder of the 1th regiment (Col. Mil- ler being sicfc) in the citadel yard, and then repaired towards the fort, and on his way met General Hull in the street, whom witness asked for orders ; when the General directed him to proceed to the fort, and post his men in the ramparts, which was done ; part of them put to the guns and others provided with pikes. That towards sundown witness was ordered with 47 or 50 men and a Held piece (*pr.) to Spring Wells (about 3 miles distant) as a picquet guard He had also 3 dragoons, to serve as expresses in case of need that the Queen Charlotte on the same day had moved up the river, directly opposite to Springwells ; that the orders witness received were, to take a postatSpringwells, report any movements of the enemy which he might discover, an:l return by break of day, so as to avoid the fire of the Queen Charlotte which lay in the middle of tin-: channel that the shore was much higher than the deck- of that vessel, and the river at Springwells about 3-i of a mile broad ; that the detachment could have moved by other routes, but not the artillery, and that the road w;i~ directly on the shore. That witness sent a dragoon to co;: municatc to Gen. Hull ; that Col. Taylor and Major Jessnp visited Spriugwells, and were consulted on the expediency of having a 2-ipr. brought, to be posted on the artificial mound- with a view to dislodge the Queen Charlotte from her moor iiifjs ; that anoth'er dragoon was despacthed to acquaint (in: Hull verbally, that those officers coincided in opinion will* the witness that a 2i pounder would do well, and tliut tlie\ recommended it to Gen. Hull that the dragoon returned with an answer, that a 24 pounder could not he transported over the bridge ; which hridge, witness says was abont 12 or 14 feet high, and 8 or 10 yards long, and built of wood that Capt. Hull was also there and proposed recommending it to Gen. Hull to send a 24 pounder. That witness heard of no military movements during the night ; he heard oars, which he supposed were in two or three boats, passing from the Queen Charlotte to the Brig Hunter or to the Enemy's shore. That witness thought, with the other officers that a 24 pounder could have been transported across the bridge. That witness returned to the fort at Detroit about dawn of day , soon after which the cannonading and bombardment commenced from the enemy, and were returned by the American batteries on the river, but not from the fort. That about 7 o'clock in the morning the British were seeii from the ramparts, crossing the river, which was reported by witness to Gen. Hull : that no resistance, which witness knows of was made cither to their landing or to their ap- proach that two shots took effect on us, one of which killed two commissioned officers and a surgeon, and wounded another surgeon, the other killed two privates. That soon afterwards Capt. Hull was sent across the river with a flag of truce, and witness was ordered by Gen. Hull to proceed to Col. Findlay, who was stationed with Major Denny and his Regt. about four hundred yards in advance towards Springwells, and direct him to retreat to the fort. That the artillery, ammunition and part of the 4th Regt. were at the batteries, two of which were on the banks of the river, the other in Judge Woodward's garden the Michigan militia were in the rear of the town. That witnes^ delivered the order to Col. Findlay who appeared unwilling to obey it by mnrching his Regt. into the fort. That, after this service, witness repaired to the battery commanded bj Major Anderson, where a British officer, Lieut. Duer, of the Quarter-master's department, arrived with a man bear ing a i'ag of truce, to know why our flag was sent over the river; that witness replied he believed it had been sent with ?. Message from Gen. tin)] to Gen. Brock, wliowassup- 38 posed to be on the other side of the river. That witness then sent Lt. Hunt on horseback to Gen. Hull, who return- ed with a sealed paper from Gen. Hull, addressed to Gen. .Brock, with directions to witness to proceed to Gen. Brock with the same. That witness carried and delivered the note to Gen. Brock, who was two hundred yards in advance of the head of his column, without any advance-guard. That the enemy was then near the house at which Doctor Henry resided, about 3-4 of a mile, or a mile from the fort at De- troit that the note was, as far as witness recollects, having seen it in the hands of Lt. Col. M'Donald. Here an objection was taken to this part of the evidence, by the prisoner, who desired that the questions, in the present point of enquiry, should be taken down in writing ; and that the answer should be taken to each interrogatory distinctly. The following questions were then put. Q. Was the note brought to you by Lt. Hunt, the one delivered by you to Gen. Brock ? A. It was. Q. Did you sec this note afterwards ? If so, when and where ; and what reason have you for believing it to be the same ? A. I did. Gen. Brock put it into the hands of Lt. Col. M'Donald in my presence ; and while Col. M'Donald and Capt. Glegg were engaged in writing the articles of capitu- lation, I saw Col. M'Donald lay it on the table or writing desk. I then read it as it lay on the table or desk, and have no doubt it was the same paper I handed to Gen. Brock. Q. Were you acquainted with the hand writing of Gen. Hull ? A. I had seen it many times. Q. Had you at the time any doubt that it was in the hand writing of GeirtHulI ? A. None at all. My opinion is founded upon the know-- ledge I have of the General's handwriting, and the cir- cumstances under which the note was delivered to me. Q. Were the British officers conducted to the place where the articles of capitulation were drawn up. in conse- quence of that note ; and were they there met by Gen. A. After I delivered the note, Gen. Brock asked me whether I was authorized to agree to settle the terms : I replied that I was not. He then directed Col. M'Donald and Capt. Glegg, to accompany me to the fort ; when on the way, we were met hy some person (whom I do not recollect) who directed us to a marquee which had been pitched a short time before, as I understood, by the orders of Gen. Hull. Q. \Hiat were the contents of the note ? A. I cannot now speak with certainty : but my best re- collection is that it contained these words. " Sir, I agree to surrender the fort and town of Detroit ;" and was signed William Hull," Brig. Gen. United States army. I consider- ed at the time that it was a surrender without stipulation The witness would not undertake to say that what he had stated was the whole substance of the note ; but he believed it was. Witness then proceeded in the usual manner to state further, and said, that Capt. Hull, who had been sent over the river with a flag, did not return until after the British flag was hoisted- -That Gen. Hull came within a few paces of the marquee in which Col. M'Donald and Captain Glegg were; that Gen. Hull was conversing with Col. Findlay, who spoke with considerable warmth ; that witness did not hear dis- tinctly, but understood that he, Col. Findlay, would have nothing to do with the capitulation that Lt. Col. Miller and Captain Brush were directed to confer, and did confer with the British Officers with respect to the terms of the capitula- tion that Lieut. Col. Miller at the time had a violent lit of ague, and lay on the ground while the officers were engaged in drawing up the articles of capitulation ; that many of the American officers assembled near the marquee, when Gen. Hull desired them to retire ; and that witness, who was one of them, retired accordingly. AVitness then stated that during the cannonade of the 16tb, he saw Gen. Hull get up once for some particular purpose, and perhaps twice , and that, during the residue of the time, he was sitting on an old tent, or something of that sort, on the ground, \vith his back against the ramparts, and undci the curtain nearest the enemy. Here, at the solicitation of the prisoner's counsel the re- mainder of the evidence was, to be taken down by question and answer. Q. Were the appearance, conduct and conversation of Cien. Hull such as to induce a belief that he was under the* influence of personal fear ? A. I have always understood that the passion of fear is indicated by certain looks and actions ; and, judging from past knowledge on that subject, I thought him under the in- fluence of fear : his whole conduct made that impression on my mind at the time The reasons that induced me to draw that conclusion were ; that the General selected the safest place in the fort for his seat, on an old tent on the ground and leaned against the ramparts between the guard house and the gate : his voice trembled when he spoke he apparently unconsciously filled his mouth with tobacco, putting in quid after quid, more than he generally did : the spittle coloured with tobacco-juice ran from his mouth on his neckcloth, beard, cravat and vest he would rub the lower part of his face, which was apparently covered with spittle ; he was repeatedly informed that the enemy were crossing the river, but he took no measures to oppose them, with which I an: acquainted. The witness then proceeded to state that the American troops were called into the fortwhich was very much croud- ed, before the articles of capitulation were signed. That when Gen. Hull was informed that the enemy were crossing, he made no other answer to Lieutenant Peckham (to thft knowledge of witness) than " are they coming ?" That wi( ness stood at the corner of a slip leading to the gate of the fort, and attempted to count the British troops on enterinj; the fort that the troops in advance were the -ilst, in pla toons of fourteen files, as well as the York militia voluu teers twenty nine platoons, two deep, in red coats that the militia platoons consisted of no more than seven or eight files, and composed one third of tbe whole force probably seven hundred and fifty whites of which the remaining two third*- were regulars and uniform militia. Witness supposes tlie Indian force to have been more than one hundred and fifty, although he only saw about that number drawn up to fire a salute as he understood, Witness says that the spirit of the American troops to meet the enemy was* in his opinion of the most laudable kind, and he believes pervaded the whole of them, but cer- tainly his regiment, the 4th and that when at Urbana he was at a grand parade 5 which was the only time he saw the whole of the troops together for parade. Qiiestion by the court What was the state of the discipline of the army, generally ? A. I never saw the army parade but once at Urbana, and therefore cannot judge I can answer only for the 4th regiment. The 4th regiment had been on service four years, and was in good discipline. The court adjourned to the next day. i2th day, Tuesday, Feb. Uh, 1814. The court met pursuant to adjournment, and was opened by Gen. Hull's waiving the objection taken by him yester- day to the examination of Major Smelling respecting the Queen Charlotte The Judge Advocate however considered the objection a valid one, the subject matter of that ship not being contained in the specification, and therefore would not at present avail himself of the General's permission. Major Suielling's examination was flien continued; The witness stated that he informed Gen. Hull, on the morning of the surrender, that the ammunition out side the should be brought in that a detachment from the 4th regiment was ordered to remove it ; in which business wit- ness saw them engaged, and supposes nineteen or twenty casks of one hundred pounds each, were brought in- that he never heard it suggested by any individual, before the capitu- lation, that there was a scarcity of either provisions or ammu- nition. That after the battle of Brounstown a requisition was made for a quantity of ammunition, to complete thirty rounds for each man of the 4th regiment, and which they h?w1 i m at the surrender, and that he has no knowledge of any council of war held on the occasion of the surrender Here the di- rect questions of the Judge advocate ceased. Q. By a member of the Court What was the amount of the effective American force at Detroit ? A. I am unable to answer The 4th regiment according to my recollection had not more than three hundred and twenty effective men in the aggregate about four hundred men. Q. Whether was it usual for commanders of detach- ments of regiments and of companies to send daily for orders ? A. It was. Q. Whether were the U. S. troops so placed by the orders of Gen. Hull, as to prevent them from acting with effect ? A. The main body of troops were so crouded in the fort as to render it impossible for them to act offensively that is, just before the articles of capitulation were agreed upon the orders were given to Col. Findlay immediately after five, when the flag was sent by Capt. Hull. CROSS-EXAMINED BY GENERAL HULL. Q. From whom did you receive your orders to return from your station at Spring Wells at day light on the morn- ing of the 16th ? A. From some person in the General's family I do not re- collect whom. Q. You say, by one of the General's family : do you mean by one of his aids, or by whom ? A. From Brig. Major Jcssup, I believe, but am not certain on my return I reported myself to General Hull. Major Snelley, on arevisal of the evidence, here stated that there w as a man called Col. Wallace, not recognized by the officers, who wore two epaulets. Q. Did you return with your detachment alone, and at what hour ? A. I returned with my detachment before day. I think day -dawn w as. perceptible on uiy arrival at the fort, but am not certain. Q. Where did you first go to when you returned from the Springwclls ? A. The piece of artillery I left at the gate of the citadel j ray detachment I marched with into the fort. Q. Were you in bed after you returned, and how long be- fore the firing commenced ? A. The piece of artillery I left at the gate of the Citadel my detachment I inarched with into the fort. Q. Were you in bed after your return, and how long before the firing commenced in the morning ? A. On my return I enquired for Gen. Hull, and could And no one who could tell me where he was. I then went into a room occupied by Capt. Dyson, and threw myself down upon a straw bed, and had been there but a few minutes, having scarcely lost my recollection, when I heard a gun fired. Q. After you reported to the General that the enemy were crossing, were not the troops at the alarm post and at the fort, and formed lint ween the enemy and the fort I What troops were there so formed, and how formed ? A. I did not report on my arrival from Springwells that the enemy was crossing. I afterwards discovered them from the parapets : at the time it was reported they were cross- ing the 4th regiment was on the parapets : as to the dispo- sition of the other troops I cannot say. Q. Where were Col. Findlay's corps, and the residue of Col. M' Arthur and Cass's at this time ? Or where did you find them when you were ordered to Col. Findlay to direct him to retreat ? A. I found Col. Findley in advance of the fort towards the enemy, behind a picket fence. I think^Maj. Denny was a little in the rear, on the left ilank. Q. AVas I in the fort when the officers were killed ? A. I do not know that Gen. Hull was in the fort. I saw him immediately after. Q. How long was it, after the officers were killed., that the white flag was hoisted ? A. I did not know that the white flag was hoisted, nor did I see one until in the hands of Capt. Hull 5 and that was a. short time after the officers were killed perhaps an hour, or fifteen or twenty minutes. Q. Was it after I came into the fort and before the white ag was in Capt. Hull's hands, that you saw ine in the situ- ation described yesterday ? A. I cannot say it was at that time that I saw Gen. Hull in the situation described I think it was at the time Capt. Hull was fixing the white flag on the staff -the General was standing near the ramparts. Q. Is it not within your recollection that I was several times that morning on horseback, with Colonel Findley's regiment, the Michigan militia, in the upper part of the town and at the batteries ? A. I think the General was out of the fort that morning, but where I cannot say I saw his horse tied in the passage. Q. Was I not out during the cannonade ? A. Not to my knowledge. Q. How did it happen that you sent your orderly book by the vessel to Detroit ? A. I had but one large trunk for my baggage, and a small portmantau which would not contain the Hook I was order- ed to send my baggage, and of course sent the book. The cross examination was here ended, for the present. Major Snelling was again examined by tbe court and stated That when the enemy were crossing, they were observed by witness and other officers from the parapetthat Gen. Hull was then standing on the ground, on the parade witbin the fort ; and he does not recollect seeing Gen. Hull on the parapet to view the enemy ; who, when they had crossed, were out of sight of the witness in the fort. Witness heard no order from Gen. Hull for the purpose of ascertaining the number of the enemy's force, nor did he know of any measures being taken for that purpose That, when the first report was made that the enemy were (crossing witness stood by, and is confident no order for that purpose was given, but measures anight have been taken afterwards without his knowledge Capt. SumLttCormicki ofU. S. Rangers, being sworn, said, That he belonged to the north western army under the eom- jivaud of Gen, Hull, that he joined it at Urbana and contii; 45 with it until the capitulation that by desire of the Governor he acted as adjutant to Col. Findlay's Reg. of Ohio volunteers, that he recollects detachments being frequently taken from that regiment that those detachments we;-e frequently de- tained for want of provisions, sometimes half a day, and that they sometimes went and returned without any that he never knew an order issued that the quarter-master was to draw provisions that he was at Detroit at the time of the capit- ulation that Col. Findlay's regiment was encamped in the rear of the town on the 15th, when the cannonading commenc- ed that they lay on their arms all night, and had a chain of centincls posted nearly three hundred yards in advance that Capt. Kemper of the waggoners with about thirty volunteers, formed a picket guard along a fence that it was expected the savages would attack from the woods that Capt. Robinson, with his company was in a meadow that during the night he received no orders from G. Hull-that he was not present when Col. Findlay received orders from General Hull on the 16th August to return, but joined Col. Findlay after he had receiv- ed that orderthat the Col. appeared dissatisiied and distress- ed, and almost determined not to'obey it that witness had halted two of the companies, when the Col. rode up to him, and told him to march on that between 9 and 10, A. M. when ordered to halt near the fort, on the outside, Col. Findlay and witness dismounted from their horses, went into the fort to- gether, and enquired for Gen. Hull, who was seen sitting on something on the ground with his back to the ramparts that Col. Findlay asked Gen. Hull " "What in hell am I ordered here for ?" to which question the General, in a low trembling tone of voice, replied, stating the number of men killed in i lie fort, (witness thinks three men) that a surrender would be best that he could procure better terms from General Brock at that time than if he waited a storm that the reply of Col. Findlay was terms ! Damnation ! ive can beat them on the plain. I did not come here to capitnlate ; I came to fight Col. Findlay enquired where Col. Miller was, turned and left the Generala moment afterwards I left him. The General, appeared much agitated, and in as great fear a I 46 ever saw any person he had used so much tobacco as to have ihe lower part of his face much discoloured by it. Capt. M'Cormiek, continuing his evidence, stated that the troops that were out on the lines marched into the fort about ihetime the British officers, General Hull and Col. Miller and Brush went to the officers* quartersthat to the best of his recollection, Col. Findlay's regiment was on that day between 4,30 and 460 strong, who marched into the fort --that I here were under arms, outside of the fort, (and who also marched in) in- cluding Col. Findlays regiment, Major , from colonel M'Arthur's regiment, the company of waggoners belonging to captain Kemper, part of Col. Cass's regiment under Capt. Sanderson, and a detachment of Michigan militia under Lt. Bradv, a number which he estimated at between 800 and 1000 men that the fort was very much crowded that the spirit of the men formed outside the fort was evinced by their say- ing, they would have an opportunity of revenging themselves fortheinjuries they had received, by killing most of the enemy that many of the private soldiers were seen to shed tears in ahundance on receiving the orders of surrender, that the \ ick- ct fence, behind which Col. Findlay's regiment was posted, was generally so close as that the rails nearly touched each other, and many of the men employed tomahawks to open a space for their muskets that on the evening of the 15th, the quarter-master supplied Col. Findlay's reg. with as yffiny cart- ridges as the boxes could contain that lie never heard any complaints of the quantity of the provisions or ammunition, though he did of the quality ; nor were any apprehensions entertained of a scarcity, there being in the town plenty of salt, of pork and sheep, grain and stock. CAPT. M'CORMICK WAS NOW CROSS EXAMINED BY THE PRISONER. Q. How long was it after the cannonading ceased, before your Reg. inarched from the picket fence ? .A- Probably from one to three quarters of an hour. Q. How long was it after the cannonading that you arriv- ed at the fort ? A. About half an hour. 11 Q. Did you 1 not see me at the picketed fence when Col. Findlays regiment was there ? A. I saw you once that morning ; it appears to me it was there. The court adjourned to the next day. 3th day, Wednesday, 3d Feb. 1814 The court met pursuant to adjournment, when Brig. Gen eral Duncan M' Arthur was sworn, and stated That he be- longed to the North Western army commanded by General Hull, and was elected to the command of the 1st regiment of Ohio volunteers at Dayton ; that they marched from Daytou to Stanton, and thence to Urbana that he knows of no mate- rial occurrence in the army until its arrival at Blanchard's fork, now known by the name of Fort Findlay. That on or about the evening of the 26th June, an express arrived from Chillicothe with a letter handed to General Hull, who, after reading it, gave it to the witness ; the witness thinks it was a letter from the Secretary of war, dated 18th June, 1812-that he cannot recollect the whole precise words, but that the sub- stance was that circumstances had occurred there (at Washington) which rendered it necessary for General Hull to proceed to Detroit with all possible expedition, prepare for defence and wait farther orders." that witness also received by the same express a letter from a friend at Chillicothe, giving a postscript, said to be from a letter from General "Worthington, senator in Congress. Q. Do you know that the letter you speak of is in exist- ence? Here arose an objection, on the part of General Hull, to parole evidence, " unless it be proved that the letter has been lost or destroyed." A. I do not it may or may not be in existence. Q. Did you communicate tho contents of that letter to General Hull ? A. I did. Q. What were its contents? 48 The coui't was now closed for Hie purpose of considering the objection, and the propriety of disclosing the contents of the letter again When the court was opened, the objection, was declared to be overruled. A. The postscript to the letter communicated lo General Hull was before this reaches you, Avar will be declared.'' Col. Dunlap. the express, also stated to witness that the im- pression at Chillieothe was that war was declared ; this I also communicated to General Hull, who asked me, when he put the Secretary of war's letter into my hands, what I thought of it to which I replied that I thought it a notice of a declara- tion of war Some further conversation ensued, upon the whole of which, and a comparison of former communications from Washington from time to time, it was inferred that war was then declared. General M Arthur now proceeded in the usual manner, and stated that Col. Cass was at that time, in advance, opening the road, and Gen. Hull proceeded after him with the army, and, as witness thinks, on the third day in the afternoon ar- rived at the Rapids of Miami, after passing through some wet roads in the prairie that platoon officers and men appeared desirous of crossing the river that afternoon, and to wade across for the purpose of cleaning themselves that witness applied to General Hull for permission to cross the river, which was refused, and the army ordered to encamp, and on the next morning the army was ordered to shift and put on clean clothes that some time was taken up in making the men appear to advantage in passing a settlement, principally consisting of French inhabitants that the army crossed the river in boats, passed through a village in sections or small platoons, and encamped about four miles from the place whence it started Witness thinks this was on the last day oi the month some time was taken up in mustering the men and calling the rolls. Gen. M-Arthur then stated that General Hull sent for him J witness) to his tent, and on witness's arrival asked hat he thought of sending the baggage by water , to which itness replied, in substance, that he thought it v>ould be rather hazardous as the British might be informed of ths Declaration of war, ami seize the vessel that witness thinks Gen. Hull, stated that he could not imagine there Mas any danger, and that if the wind was fair, the vessel would pass in a very short time that it was not prohahle she would be mo- lested, and that he could not think of taking the responsibility of carrying the teams any farther That witness believes there was an order issued, but whether verbal er written he does not recollect, directing the baggage to be sent on by water that the risk of sending the baggage by water was the subject of general conversation in the camp, and that witness stated to Gen. Hull that he would take as much of his own baggage by land as he could, which lie did. That the army pro- ceeded towards Detroit from the foot of the Rapids, and on the 1st, or 2d, July the commanders of regiments were called upon by the General to attend at his tent, and were informed of the receipt of -a letter by him, notifying the declaration of war that the army proceeded on its march, and on the se- cond night encamped near River Raisin, where the men (who were then undressed) were, as usual, dressed that the army encamped near Swan Creek, about nine miles from the river Raisin that rumours were afloat among the inhabitants that we should be attacked by the Indians on the river Huron, six miles from the encampment, and that Col. Findlay and the witness called upon General Hull, and stated that they thought it would be advantageous to agree upon some plan, of battle in case of an attack. The witness then, proceeded to state that in the order of march hitherto pursued, his regiment had marched in two battalions, one of them in the rear of colonel Findlay's reg- iment, and the other in the rear of Col. Cass's regiment - that, as from this position of his men, he, the witness, could not be wit!* both his battalions, he wished to have them formed in one line, if an attack should take place; he therefore applied to Gen. Hull who observed it would be well enough to do so,* and then witness suggested that his regiment should be formed in the rear, across the road, for the purpose of forming one line of a hollow square, for doing which permission was granted by General Hull ; that witness then retired, and does not recollect whether he oilier officers with General Hull or not That the army arrived at the river Huron about the middle of the day on which it left Swan Creek, and found some hands building a bridge across the Huron that the fi ont halted, and witness's regiment formed in tbe manner stated to have been agreed to by Gen. Hull. That some time he- fore the baggage waggons came up, and before the bridge was in a state for passing, witness suggested the propriety of having some victuals cooked; to which the General replied that the bridge would soon be ready for crossing, and he therefore thought it would scarcely be worth while that it was however late before the bridge was ready, and when it was, the army crossed and encamped in a marshy prairie, on the banks of the Huron that the troops were late in getting their rations, and in consequence of orders being given to put out fires at 10 o'clock, many of the men were obliged to lie down without supper, which excited much murmuring that complaints were made to the subalterns, and by them to those of higher rank that witness himself represented the hard- ships of the case to Gen. Hull, but the fires were not re- kindled, and the men were ordered to march next morning without breakfast. The troops in advance proceeded so rap- idly that the line was frequently broken, and more than a mile long, in consequence of several muddy fords near Brownstown that witness rode up to Gen. Hull and re- quested him to halt the front of the line, stating that if the army should be attacked, they never could unite their force that in consequence of this application the front was halted until the baggage came up, and then the army proceeded along the river until it reached an Indian settlement of two or three houses, when the General halted and the band play- ed a considerable time- -that the army marched on some way when a firing of cannon was heard in the direction of De- troit or Sandwich; in consequence of which the march was quickened, and the principal part of the army arrived at Springs ells, but the rear guard and baggage did not pass River Rouge witness thinks this was on the 5th, July the troops encamped at Springwclls, forming one straight line. The witness proceeding in his evidence, said that he believes 01 the next day Col. Cass was sent to Maiden with a flag ofc truce, and on the succeeding day, as witness thinks, returned with the same in a boat, in company with u man said to be a British officer of the navy, and a boats crew of about half a dozenthat these men passed at discretion by witness's regiment, witbout being blindfolded that after remaining some time, the British officer returned and halted in front of witness's regiment and enquired where the rest of his crew were, and was informed they were down the lines ; he then ordered the others to go in search of them, and during their absence continued walking backwards and forwards in front of witness's regiment, and could take a full view of the whole encampment that witness stated at the first in as moderate terms as'he could, his displeasure and disgust, at seeing the British officers indulged so much, and that General Hull repli- ed in a good naturcd easy way, that " it was not material, as the more they saw of his force, the less they would like it," or words to that effect-that, soon after this, the General directed the witness, and he presumes other commanders of regiments, to put the troops in the best possible order for inarching them to Detroit, and they were accordingly marched to that place ulong the river, leaving their baggage at Springwells that this march was performed late in the evening, when they im- mediately returned to Springwells, without halting, very late, and the men much fatigued That General Hull remained at Detroit, consequently the command was supposed to have devolved upon the witness that witness is not certain whether it was on that night; but one night, when the troops were at Springwells and General Hull was at Detroit, the army heard as was thought, the movements of the enemy on the opposite shore, transporting heavy carriages, supposed to be artillery ; upon which this witness despatched a messen- ger to General Hull informing him of the impression after some time had elapsed the enemy were heard to cry < all' swell* on the opposite side the witness does not recollect who was sent with the message, which was a verbal one, but heard nothing it) reply from the first messenger that, after hearing the cries of these centinels and ascertaining?, as was supposed, the number to be five, it was concluded by the witness. Col, Findiay and Major Jessup that the enemy had formed an en- campment on the opposite side Witness thinks he sent quar- ter-master General Taylor and, he believes, Major Jessup to inform General Hull of the result of their observations, and with a request that he would send down some boats, or have them collected, and direct at what point they might be found. Gen. M- Arthur was proceeding to state more particularly the information which quarter-master Taylor was instructed to give G. Hull respecting an enemy's detachment being on the opposite side of the river, and also that permission was reques- ted to cut them off, when the prisoner addressed the Court in the following words : " I beg that the J. Advocate may state tinder what specification the testimony now given is offered, and if it be not specified, under which of the charges it is, I object to it. I cannot be prepared to defend myself against charges which have not been exhibited. I pray that this ob- jection may be considered as extending to all the testimony General M* Arthur has given relative to the visit of the Bri- tish officer, as well ;is to that he is now giving relative to the appearance of a British force while the army was at Spring- wells : and I pray that this objection may be entered on the minutes." "Whereupon the Judge Advocate waived for the present the farther examination of General M f Arthur on the points objected to. General M'Arthur, then continuing his narrative, said that he thought, and still thinks, the landing place at Spring-, wells the best and most commanding place for a battery on Detroit river one could have been erected there by a few hands in a few hours such a battery would have com- manded the plain within cannon reach there was none erected from the llth to the ICili of August, nor at any other time that when the army inarched from Springwells to Detroit, it took a back route, which General Hull slated was for the sake of preventing the enemy from ascertaining his numbers, and for concealing his movements from Spring- wells that the army encamped at the back of Detroit, and continued, he believes, till the morning of the 12th July, when it crossed the river in boats, in two divisions the 4th Jeg. and Col, Cass's loaned the first division, witness's regiment 53 and that of Col. Findlay's Mere in the second division ---lie be- lieves there were not boats sufficient to transport the whole army at one time that after landing, on the opposite shore nearly opposite Detroit, the expectations of the witness were that the army would have proceeded on towards Maiden ; it was however ordered to encamp, which was done ; and in that place the main body of the army remained until it recrossed to Detroit. The witness then continued to state as follows That on the day after the army crossed the river, orders were given J>y General Hull to throw up an entrenchment round the en- campment, which was done that when the army arrived there, there was a picket fence on the upper and lower side of the encampment ; one also on the rear, but which not suiting the views of General Hull, was removed and placed on the bank side of the encampment. That on the evening of the 13th, as witness thinks, after the bank had been thrown up, and after the troops had lain down and taken their first nap, General Hull sent for witness and told him he had re- ceived information from some dragoons that a party of Indi- ans had been at Maiden and were seen returning up the De- troit river towards the river Thames, and directed witness to <-all out 100 or 120 men of his regiment to be joined by some from Col. Findlays, with whom he was ordered to march at a moment's warning and without provisions at the same into General Hull expressed a wish that witness should take and secure some flour which was on the river Thames That fiic detachment marched about seven or eight miles, when the men lay down to rest and conceal themselves 'till day light, being without provisions that the next morning they continued their rout until they were about twenty miles dis- tant from General Hull's camp, and then halted, cooked a cow and bought some flour on their inarch they saw some Indians, all of whom escaped, except a squaw and three chil- dren that the detachment then proceeded up the Thames, procured a considerable quantity of flour and a number of boats and canoes, and brought them to the main body. General M'Arthur then said that about the time of his re- aim to Camp from the expedition just described, Col. Cass and Miller were returning from river Aux Canards that on the next day, as he thinks, Col. Findlay was ordered with his detachment to the same river, and, on the day succeeding, another detachment was ordered down under the command of Capt. Snelling ; perhaps on the third day after his return, witness was ordered down to the river Aux Canards, with part of his regiment, with a view to ascertain whether the Queen Charlotte could reach the bridge with her shot that witness ascertained pretty well that she was not in a position to do so that he met Capt. Snelling that morning, who said he had been at the bridge that witness's detachment fired, at long shot at some Indians, who were approaching the bridge, which circumstance drew out some troops from Mai- den 50 or 60 men wearing red coats, some militia and about 50 Indians, who were fired at across the river that fires were exchanged across the river Aux Canards, and one or two of our men were wounded that some guns were at the same time fired from the Queen Charlotte, but whether with any, or what effect, witness cannot say. The Court adjourned until to morrow. lit/i day, Thursday, February 3d, 181 5 . The Court met pursuant to adjournment, when Brig. General M'Arthur continued his narrative as follows That when witness was returning lie met Col. Cass also re- turning, and understood that the Indians were killing some of the inhabitants on the Petit Cot settlement. That wit- ness then returned with Col. Cass and found the informa- tion to be incorrect that he does not recollect any other de- tachment having been sent down to river Aux Canards, but one under Major Dennie, nine days after witness bad return- ed, which was defeated by the enemy and returned to the camp the next morning that frequent calls of officers commanding regiments were made by General Hull, respecting measure* to be pursued, at least, upon an average, once a day, while the army was on the Canada side ; at which meetings General Hull was frequently urged to move on to river Aux Canards, or down to Maidenwitness thinks General Hull said he 55 only waited to have some cannon mounted to make a breach in the enemy's works at Maiden. That about the time wit- ness returned from river Thames, or French, the General staled that he supposed cannon would be ready in a few days sometimes he said in two days, sometimes in four, at others in a week, and so on plans were frequently proposed for taking down the cannon (21 pr.) to river Aux Canards three float- ing butteries were commenced, two completed, but witness does not recollect whether before or after the fall of Mack- anac that the opinions of the Gen. and of the field offi- cers were frequently taken in the councils, and that Gen. Hull declared that he apprehended that the fall of Macanac would induce many Indians to descend the lakes, or to shower in from the upper lakes He thinks it was at that time that General Hull proposed to erect a picket fort on. the Canada side ; but the officers thought, and it was urged by them to General Hull, that it would be more adviseable to make an immediate attempt upon Maiden than to delay a long time to erect the fort ; and they frequently stated to him that there could be no doubt of success, as there was frequent information, by deserters, of the enemy's force at Maiden, as well as concurrent reports of the militia, some of whom said that the regular force of the British did not exceed two hundred, others stated two hundred and twenty these militia could never give the exact amount of the Indian force, but supposed that for the first fortnight it was from fifty to one hundred they also stated that, at the time of General Hull's crossing to Canada, the militia force was about five or six hundred, but that they were daily deserting, and there was no doubt, but that they would leave Maiden upon the first appearance of our army Com- manding officers were called upon by General Hull to ac- company him to select a spot for erecting a picket fort-- several were proposed by field officers, but were not approved of by General Hullat length a place was fixed on, by advice of Major (then Lieut) Anderson as the General stated ; but, in the witnesses opinion, one of the most unmilitary spots for a fort on the river, so far as he had travelled that wit- 56 ness told General Hull that the place was incapable of being well fortified, pointed out to him that a man standing at a cer- tain distance (about one hundred yards) could overlook the picket and the fort, so as to sec a man's feet while upright in the fort, and told him that he himself could fight a whole garrison from that place. That some days after the fall of Mackanac was reported in camp, commanding officers were convened, when General Hull stated that every thing (mean- ing floating batteries &e.) would be ready in a few days, and that the object of calling them together was to consult "whether it was best to wait a few days for the heavy cannon, or make an attack on Maiden, or return to Detroit, leaving a small garrison at the work about to be erected that, as witness believes, the officers were unanimously opposed to re- crossing, and some were of opinion that we should attack Mai- den immediately without heavy guns that, at a counsel of officers, it was stated by two Artillery officers, that between Forkey river and that of Aux Canards it was marshy, and that near Maiden heavy guns could not be worked without a platform that another council of field officers was held* when General Hull stated that he was about to send off Ma- jor Van Home with a detachment to river Raisin, the amount of which witness does not recollect, but believes to have been about two hundred men that witness stated to General Hull that the number was too small, and that they would inevit- ably be defeated ; on which the General appealed to the other field officers present, who agreed with the witness thai the number was insufficient each commander, (that is, Col. Findlay, Col. Cass and the witness) proposed taking his own regiment, which would then have formed about double the force of the proposed detachment Major Van Home was however, detached. Witness well remembers, after Ma- jor Van Home left the camp, his (witness) going to General Hull and telling him what he thought of Major VanhorneV danger, and recommending his sending a farther force to join him that night ; when the General replied that Major Van home was sent by a back route. Witness then told General Hull, that he had been informed by a couple of Frenchmen that there were no back roads that they knew of, and that the 5? was intersected with marshy prairies IVom below the river Aux Canards ; and he again requested General Hull to send a farther force to join Major Yanhorne, but the General paid little attention, and replied there was no fear, he would do very well. Brigadier General M< Arthur then stated, that he was afterwards sent for by General Hull, who said he intended to leave the witness with his regiment to occupy the picket fort which he so cordially despised, and that he himself, with the residue of the army would return to Detroit that on this, witness became' warm, anfl in his reply to the General stated the hardship of his regiment being left to be sacri- ficed to the enemy, and said that if it were his order, he would obey it, but thought it would be better to have a force de- tailed that witness stated, and it vas admitted by the Gen- eral that the work could not be defended against cannon, but only against small arms, and there was no doubt (hat the British would bring cannon he recollects telling the prisoner that be thought the leaving a detachment there could only produce disgrace to the officer, though it might cover his own disgrace in reerossing to Detroit ; upon which General Hull made in reply an insinuation of cowardice in the witness, who became warm and felt much hurt by the in- sinuation, and said that if General Hull would advance to Maiden, he would prove that he could go as far as the Gen- eral or any of his friends could go or would dare to go that witness then retired, and in about an hour after, an or- derly came to desire witness to repair to General Hull's quarters, where he was mrt by the other commanders of ivgimenls ; on which occasion General Hull stated that he had called them together for the purpose of adopting their opinions as his own that as the officers, including his own son and his son-in-law differed in opinion from him, respect- ing the re-crossing the river, he would move against Maiden at the head of his troops, " and/' said he, "in whatever manner the affair may terminate, I never will reflect upon you, gentlemen." Immediately after which an order was issued to prepare for an attack upon Maiden witness thinks this was on the day before the army re-eressed The jy 8 determination was communicated to the platoon officers, anil by them to the troops, \vlio appeared highly pleased at the confident expectation entertained of attacking the enemy These preparations were continued until about the middle of the next day, when General Hull again sent for the field officers, and stated to (hem, that notwithstanding the respect he had for their opinions, he considered himself responsible for the movements and the ultimate fate of that army, and that he had come to a determination to re-cross the rivei> for the protection of the fort and town of Detroit, to which witness replied, Well, General, if it is your opinion, it must be so, but I must, beg leave to decline giving any further opinion as to the movements of the army." Upon the pro- mulgation of this order to the men, they appeared dispirited and dejected, and seemed regardless of what they did The army recrossed according to order and took post at the back of the town of Detroit. The witness then proceeded to state that, as he thinks, on the day the army recrossed, Col. Miller was despatched (as before stated) to open a communication with the River Raisin, and that on the evening of the 9th July, witness was sent for by General Hull who acquainted him of the battle of Col. Miller's detachment at Brownstown, and ordered witness to collect (he boats and proceed with one hundred wen to bring back the wounded, but to call first at the com- missary's stores and draw one day's provisions for Col. Mil- ler's detachment, which Mas out of provisions that (he wit- ness was detained three or four hours in procuring the pro- visions, in which time he met with Col. Godfrey, of the Michigan militia, who appeared to know the business on which witness was going, and \\ho told witness that he might jo, but it would be impossible for him to return with his de- tachment on the river ; and Col. Godefrey was therefore desired by the witness to come down with some waggons, which he did witness then proceeded on the service ordered., effected the objects, returned as far as he could by water, and then took the waggons brought by Col. Godefrey to transport them to Detroit during part of the time, the enemy's ships were firing grape and other shot upon the 59 detachment. That on his return to Detroit, witness waa iu. formed that there was some ordnance transporting by the British on the opposite side, which he in part saw, and that there were four men in red coats this matter he communi- cated to General Hull, who replied, as witness thinks, that he had heard of it that witness asked if he knew where the artillery stopped, hut the General did not know witness expected that if he did know, they could have been dislodged by our batteries. That, an hour or two after this, G. Hull sent for the witness and informed him that intelligence had arrived that some of the enemy had landed at Hog-Island, and directed witness to proceed with some of his dragoons and endeavour to ascertain the fact witness did so, and distin- guished !>y means of a spy-glass, a bright bay horse, but heard that no British had crossed to the Island-that after proceed ing several miles up the river, witness returned, and on his rc- iurn saw fifteen or twenty men with red coats, on the oppo- site side of the river, employed in digging this witness thinks was on the morning of the 14th August, and the men were at the same place where the enemy had been erecting a battery previous to the American army's crossing to Canada. That about the middle of that day General Hull sent for the witness, and stated that he had received a letter from Capt. Brush, dated at River Raisin, where he had arrived on his way to Detroit, whither he meant to proceed by a back route ; in which letter Capt. Brush, expressed a wish for a detach- ment to meet him that, soon after witness had returned to Camp, an order was issued for him and Col. Cass to send one hundred and fifty men from each of their respective reg- iments, making 300 men, and to proceed upon that service- that in the afternoon General Hull asked the witness if he was ready to march ; witness replied lie was, but, as usual, without a bit of any thing to eat General Hull said, " The detachment must not be detained. Go on, provisions will be sent by men well acquainted with the roads you are to take." The detachment was directed to proceed to a certain point and wait for guides, which it didthe guides came, and old C'ol. Godefrey was one of them. 60 question 6i/ the Court Was it usual, \\hen General orders \vere issued for sending out detachments, that those orders directed a supply of rations for any number of days ? A. None, when I was ordered on detachment. General M* Arthur proceeded with his narrative, stating that the detachment after halting that night, proceeded on their march on the morning of the 15th, having on the pre- ceding evening gone 24 miles frow Detroit, and that many of the men were quite exhausted that the guides were mounted, and they had five or six dragoons, some of whom were despatched to the river Huron as far as Godefrey's trading house, unless they should meet Capt. Brush, in which case they were to return with the information they returned in the evening, not having seen any thing but In-^ dian traits On this a consultation was held-with the officers, who considered it useless to proceed they had heard nothing of the provisions which were to be sent after them. That the detachment then commenced their return, and after travelling half a mile towards Detroit, met some mounted men with a note from General Hull, the substance of which was that General Brock was on the opposite side of the river and had summoned the town to surrender, and ordering the detachment to return as soon as possible one man pro- ceeded according to orders to river Raisin. Witness then said that during the march of the detachment on its return, the rear could not Keep up, and two men were put on each horse, in order to relieve them that at night the men were permitted to lie down, and the officers stood centinels that on the morning of the 16th, they resumed their march, and, shortly after leaving their encampment, heard the firing of cannon, which occasioned them to hasten their march until they crossed the river Rouge when they reached the spot of encampment on the first night from Detroit, the men were halted for refreshment, and three or four mounted dragoons (one a Frenchman) were despatched to ascertain what was the occasion of the firing that the march was then resumed and continued until within three or four miles of Detroit, when some of the dragoons first despatched wvrts met, who gave information that they had seen forty or fifty 61 Indians at the back of Detroit catching horses and killing cattle, and that they had seen some person who informed them that the fort had surrendered ; they said however that the American flag was still flying at the fort that the de- tachment was then drawn up in line of battle ; that they soon heard that General Hull had agreed to surrender the fort ; and that the American colours would be hauled down at 12 o'clock. General M'Arthur said, that, on receiving this intelli- gence, it was determined to make a retrograde movement of about three and a half miles on the river Rouge, about the mouth of mill creek, where an ox was killed, roasted and eaten by the men without bread or salt, being their first meal since they left Detroit, excepting some green corn. That a council of officers was held, in which some proposed a farther retreat, while others thought that by such a measure they would immediately fall a sacrifice to the Indians: and finally it was resolved to send Capt. Mansfield with a flag to ascer- tain what terms were or could be made for our detachment, with a perfect understanding of the sentiments of the officers of the detachment, and with instructions to return that a short time after captain Mansfield's departure, captain Elliot came with some Indians and a flag, and delivered a note from General Hull addressed to the witness he also brought the articles of capitulation Some other British of- ficer came with some of those who accompanied captain Mansfield captain Elliot stated that he was going on to captain Brush to infl&rm him, and obtained a few lines from witness to him, written on the back of General Hull's letter that the detachment then marched into Detroit, accompanied by Major's Dixon and Erbb of the Indian department that with respect to the ammunition in fort Detroit, he recollects seeing a great many cannon balls passing about the fort, and he thinks he saw about 40 casks of powder, of about 100 Ibs. each he heard of no scarcity the general calculation was that there were provisions for about 25 days for the army that is public provision, independent of other provisions in the power of the army. Here General M Arthur's narrative was concluded, wheq he was examined by the members of the Court. Q. How many men eould your boats take over at a time c A. More tliao one thousand. Q. What was the strength of your regiment, on the 14th August, in the morning ? A. About five hundred effective. Q. What was the number of provincial militia on the Canada side ? A. One or two hundred. The Court then adjourned to the next day. 5th day, Friday Mh February, 1814. The Court opened as usual, all the members being present, when Brigadier General M* Arthur was cross-examined by the prisoner. Q. Were you with the army at Stanton ? A. I was. Q. Was not the army ordered out for the purpose of maneuvering ? A. My regiment was every day, I think, that we were there the three regiments were one day out together and marched to the other end of the town. Q. Did they not pass me in review ? A. I do not recollect. I think I saw General Hull out iu the street as we passed up and down. Q. Did not the whole army turn out to receive the ith regiment on its approach to Urbana, and was it not reviewed by General Hull in company with Governor Meigs. A. I recollect seeing the General and Governor with some musicians in the street on the left, to whom the ordinary salutes were paid. Q. Was not the whole army marched out of Urbana in a body for exercise ? A. To my recollection, they turned out for General Hull and Governor Meigs. Q. Was not General Hull in command of the army at that time ? A. I believe the command was transformed to him at Pay ton by Governor Meigs, Q- Do you not recollect my passing the army in rcviev . $nd returning in consequence of a storm ? 63 A. I <10 not recollect, but think it possible. Q. Wlien the army had crossed the Miami, as you hav stated in your direct examination, did they not pass me in review at the village ? A. I think I observed General Hull standing with a band of music, about thirty yards on the left of the road I recol- lect being called by General Hull to take command of the army, as he was going to stay sometime in the town. Q. Did not the army in passing the General salute him, as is usual at reviews? A. It is probable that the army saluted, but not as is usual at reviews, as the general was not situated as is usual at reviews. Q. Did you salute the general as you passed ? A. I think I did, but am not certain, as he was rather at a distance ; possibly I did. Q. Were the men mustered on the last day of June, by my orders ? A. I do not know whether it was by the general's orders that the men were mustered on that day, or whether it was in consequence of the standing custom to muster the men on the last day of every month, for the purpose of drawing pay. The general may have issued the order. Q. You have stated that in passing the settlement of the river Raisin the troops went through the usual parade. Was that done by my orders, and did not the troops pass me in review ? A. I think it was, and to the general surprise and dissat- isfaction of every officer I conversed with on the subject. I think the general ivas passed in review This was after the declaration of war. Q. Was not the camp at Swan Creek fortified 5 and if so, was not that done by my orders ? A. It was usual to fortify the camp by falling trees around it; a manner adopted by General Wayne, suggested and in- sisted upon by the commanding officers of regiments to General Hull, at the commencement of the march. I do not recollect any particular orders, bat the camp was so for- tified on that night. Q. Did General Hull make any objection to (he mode of fortification ? A. I do not recollect that he did. Q. Was the paper now shewn to you an order of battle at any time and when agreed upon ? A. It looks like the order of march, but is not that of bat- tle Here the witness stated that on his direct examination he did not recollect that any order of battle had been agreed upon, at the time he alludes to, at Swan Creek ; but that upon, subsequent reflection and conversation with some of the offi- cers, he now recollects that, at the time, in addition to per- mission being given him to form his regiment as mentioned, an order of battle was suggested and agreed upon by the officers. This was on the evening after he obtained permission but he does not recollect if General Hull was consulted or not. Q. Did General Cass accompany the British officer to General Hull's quarters after landing near Spring Wells I A. Some time, perhaps an hour, after the boat arrived at the shore I saw the officer go to general Hull's quarters and General Cass with him, having first passed by in the boat. Q. Do you know that I had any information that the British sailors were about the camp, in the manner you have mentioned ? A. I do not know that the General had any information, any more than seeing them pass about his own quarters. Q. Did you send me any such information ? A. I did not know there were any more than those seei? about the General's quarters until I heard more enquired for. I did not send any information to the General. Q. You have stated that on the lith August, the British fortified opposite Detroit. Will you state the situation of the fortifications they erected in relation to the works i* which Major Dcnnie was left, when the army returned from Canada ? A. The place where the British were at work was about one hundred yards above the place where we encamped when on the Canada side, and about half a mile from the works where Major Dennie was left when the main body o# he army crossed the river en the 1st. July. 65 Q. Whether was there any other information received of a declaration of war, excepting what was received at Find- lay's block house ? A. I do not recollect any other. Q. Was I not always at the head of the army in passing through the wilderness ? A. I believe you were. Q. When I had occasion to he absent, did I not give in- formation to you, as second in command, to take the com." niand of the army ? A. On the march I believe you did, Q. Was I not at all times during the inarch, while with the army, in a situation to have ordered a disposition of the troops in case of an attack. A. I cannot say, as I was in the rear, and understood General Hull to have been in the front. Q. Was not the order of march reversed sometimes which brought your regiment in front? A. I do not remember its being so reversed, until the 4th Regiment joined us at Urbana before that time my regiment inarched in front* Q. (By a member of the Court.) Did not General Hull arrest or threaten to arrest you, when you told him his ob- ject was to disgrace the officer detached to remain at Sand- wich, to cover his own disgrace? A. I did not hear any thing of an arrest, but confess I expected one. Q. Had you any orders to permit the British officer to review your regiment : if not, why did you permit it ? A. I had no such orders. The officer on his return from the General's quarters was accompanied, I believe, by Capt. Hickman, the General's son in law. They stopped in froot of my regiment. The Court adjourned till the next day. 6th day, Saturday, 5th February, 1814 a The Court met pursuant to adjournment, when, all the members and the prisoner being present, Mrig* GenerP.1 66 Leivis Cass was again called, and was proceeding on his </ reel examination, when an objection was stated by the pris- oner, and the examination of Brigadier Genera! Cass was for the present waived by the Judge Advocate, as the introduc- tion of the British officer into the camp near Springwells wa" not contained in the specifications of charges against the pris oner. Lt. Col. Thomas B. Vanhorne, of the 26th U. S. Infant ry was then sworn, and said that he belonged to the North west- ern army, under Brigadier General Hull ; that he joined the army at Cincinnati on the 25th April, 1812 ; was a major in Colonel Find I ay's regiment in the May following ; and con- tinued with the army until the capitulation-that he was twice on detachments when at Urhana ; and was a member of the first general council of field officers, commandants of corps, the quarter-master General ami the Brigade major, held in Canada about the 1st August that when the Council was assembled. General Hull addressed them from a written paper which lie held in his hand the witness does not recollect the reasons for calling the council, excepting the situation of the army and the expectation of a great Indian force to de- scend from the north lie docs not recollect any force at the river Raisin he says that the General expressed his wish to keep open the communication with Ohio that the officers dif- fered in opinion from the General, as to the measures he was about to pursue j as it would be necessary to reeross the river with the whole or part of the army to Detroit, and to take positions with the army on the road to the river Ilaisin, and to build blockhouses at Brownstown--- that the river Raisin, the Rapids and Brownstown were three of the points that were mentioned there had been a block-house built a few miles frorn Detroit and between it and the Rapids -witness says (hat G. M'Arthur was of opinion that the army had better attack Maiden immediately, in which opinion the officers generally concurred It was thought hat notwithstanding the Block- houses the Indians would still cut off our suppliesj a de- scent on Maiden seemed to be generally determined upon in the Council ; ;uul the General appeared u> relinquish his own plan and to full in with (he genera! opinion that a question 67 then arose whether the army should proceed (o make a der scent directly ou Maiden, or wait two or three days for the heavy artillery already mentioned -that votes NY ere taken, commencing with the youngest officer, and all taken except one G. Hull, who had taken the names, rose from his seat and appeared pleased that there was a majority of officers in favour of waiting for the artillery that witness, who kept a minute of the votes, observed to the General that the question was not decided, and that the votes were equal Gen. Hull appeared then to count the votes, and said again that there was a majority in favour of waiting for artillery witness again observed that there must be a mistake, as there was not a majority in favour of that-thai the General then applied to Mr. AVallace, who was sitting on his left, and while that gentleman was counting the votes, General Hull observed that he had not taken the opinion of Quartermaster-general Taylor, and apologized to him for the omission witness says that there was then a majority for waiting for the artillery. Ll. Col. Vanhorne then said that on the ith August, lie was detach'-d with ibO rillemen and a number of militia-men who had refused to cross into Canada to meet Captain Bush on the river Raisin, coming with provisions. The instructions from General Hull to major Vanhorne were then read, dated Sand- vich, ith August, 1812, (marked G. Vanbeuren) also the General orders of the same date, from Detroit, (marked H) Lt. Col. Vanhorne then proceeded to state that pursuant to those instructions, he crossed the river to Detroit, that night, with the riflemen, and collected the militia who were to go -that when General Hull gave those instructions to him, he told the witness that although those instructions were written ones, if he found it necessary he might deviate from them this was said, as witness believes, in presence of General Cass and Captain Hickman or Captain Hull witness says that he proceeded with the detachment, crossed the bridge over river Kcorccs and proceeded about eleven miles; then posted his ccntinels and allowed his men to lie down to rest that about day light he culled the men to- gether, having no music, and directed them to cook sonic provisions, wink* he himself went to the settlement in order 68 ^o iind out the back route mentioned in his instructions, awokft fhe people collected all the male inhabitants, and enquired concerning the back road, when they declared they had never heard of such a road (hat he then asked if one or two of them could not guide him through the woods one. of. them answered that if the sun were to shine all day, lie thought he might, but otherwise he might lose his course ; that the coun- try was very swampy and he thought it would be impossible to get through that witness then sent one of those men off to General Hull at Detroit, to say, that in consequence of not finding any back road, as stated in his instructions, he would take the Brownstown road, where the General might direct the mail to followthat while on the march he received the letter marked J. he does not recollect whether he received it at Detroit or on the morning after, but it is in the hand vriting of General Hull that witness sent back a few men who were unable to march, and proceeded on his way, intend- ing to make the river Raisin, and had advanced about three miles, when Capt. M'Culloch and witness's waiter were fired upon by a party oi'Indians, about seven in number, the former was killed Captain M'Cullock was acting as a spye and moving about. Q. (Uy the Court.') Had you no flanking guards ? A. There were no flanking guardsthe fire took place after the detachment had passed on the road. Witness then said that he formed his detachment into ;; single line, and ordered them to encircle the ground where they had just heard the firing the left of the detachment %vrenched up the corner of a fence when it received another fire from those Indians ; none of the Indians were killed upou the return of the fire, but one of Captain Rostan's company was killed witness then formed the musketry under Captain Gilchrist moved up the remainder of the detachment and 'formed three sides of a hollow square, leaving the rear open while the men went to bring up the dead bodies that about this time witness was informed that the mail was near at hand, and wished witness to wait and give it escort that this was about 9 o'clock in the morning that having no tools to dig graves, witness hud the bodies of the slain covered with asa Indian hark and lodged near a tree witness says that about this time the Captain, in front reported that lie saw about thirty Indians, who made off upon discovering the detachment, upon which witness called the officers together, and gave di- rections that the orders of Captain Lewis and of Ensign Hawkswel should be obeyed as big own that the troops were then formed, an advanced guard sent under Ensign Roily and a rear guard under Captain Bosiler that the detachment inarched in two columns in files, about thirty yards on each side of the road that the advanced guard inarched in files in two columns, and had three mounted men at the head of each column that Captain Bostler being unwell, witness bad lent his horse to him, but being apprehensive of an attack, took it back and cautioned the men to be prepared for action ; that the detachment was then near Brownst own-creek; that they marched about three hundred yards, and when the ad- vanced guard got to the edge of the creek and in a prairie, the detachment was attacked by a body of Indians who could not be seen, and whow yells only were heard: that on the first attack the Indians left behind them a small trunk and a few blankets : witness says that on this second attack being made, he ordered the detachment to retire to the edge of the wood and there form the line, as it consisted principally of riflemen that from the number of guns discharged he supposed the enemy to be more numerous than the detachment that it was considered that a charge would have been ineffectual, as the enemy could not be seen that Captain Bostler was wounded in the head that witness endeavoured to fori.-i the lino, our troops constantly firing as they retreated that the mounted men escorting the mail as well as the others went off into the woods, rendering no assistance that witness could not get the men formed until they had retreated a quar- ter of a mile that they then kept up a handsome fire for about five minutes, when the fire of the Indians totally ceased. Witness says that, seeing a copse of trees appearing in the prairie like an Island, he ordered a second retreat, and the line to be formed at the head of the Island ; but that, not jiving any assistance from the mounted men, he could not form the detachment : they retreated iu disorder by squads. Witness says that at the first fire Captain Lucar's horse was shot that the loss was eighteen killed and twelve wounded, and about seventy missing that he supposes the Indian's force was from one hundred and fifty to two hundred men that, at the time Captain M<Cullock was killed, he heard that boats had heen passing all nignt, and it was from that eon- eluded that ahout three hundred Indians must have crossed ivitness then said thai on his return he met Captain Snelling's detachment at Springwells, who came, as he said, to cover witness's retreat that he reached Detroit on the evening of the 5th, when most of the missing men returned to Camp ; and that on the same evening he reported himself and his com- mand to General Hull. Major Vanhorne, continuing his evidence, said that he never Mas at more than two or three Councils, and having heard the statements of Generals M'Arthur and Cass, does wot recollect any thing in addition to whaf they said, except- ing that on the morning of the 16th of .August, Colonel Find- lay received a verbal order by Captain Hull (o form his reg- iment in line, in advance, and South west of Fort Detroit, in the rear of the picket fence, with Col. Cass's regiment on the right and Major Dcnnie on the left, with a company of thirty waggoners and some citizens ; and that the whole force on the line amounted to between eight and line hundred, but what'the force of the Michigan militia was he could not say that the picket fence was about seven feet high, and completely cover- ed the men that about an hour before the white flag was hoisted, and when the men were formed in this manner, General Hull came out din-ing the cannonade and appeared satisfied with our position it was then understood that (he British had crossed the river General Hull s(aid from three to five minutes witness says that he saw the Indians at three quarters of a mile distance, and General Brock with some British officers on horseback communicating with them- that after this, major Snelling camp, out to the line and ask- (t-d for Col. Findlay ; the cannonading had <hen ceased, and \viiucss then, for the first time, saw the white flag on the fort- that Major Snelling addressed himself to witness, sayirtg) < where is Col. Findlay ?" and that Col. Findlay's regiment must retire into the fort : that a Hag was out and must not be violated that Col. Findlay did not appear .satisfied at this order but said it must be obeyed ; and then ordered witness to march his battalion into the fort and stack arms, which was done. Witness is not certain whether or not General Hull Avas in (he fort when he went in he thinks Lieut. Hunt told him, as he was going in, that G. Hull had surrendered. He says that Gen. Hull desired witness and several other officers to come into a room, where he told them that he had surren- dered the town and fort of Detroit, and was about making terms; and asked if they thought of or wished for any con- ditions witness thinks he saw General Hull near the door of one of the rooms in the same situation that Major Snelling stated, and, from his whole appearance, was immediately im- pressed with the idea that he was under the influence of fear ; and, at the time, communicated his thoughts to some of the ether officers. "Witness says that some time after General Hull invited the officers into the room, he saw Col. M* Donald and Captain Glegg ride up to the fort and come into the room, but he does not know if Gen. Hull was in a marquee or not, or where the terms of capitulation were made or agreed upon he says that the fort was very much crowded. Wit- ness further says that about the 20th or 25th July, he was of- ficer of the day, and when, as was customary he called OK Gen. Hull for orders, he, General Hull, estimated the reg- ular force at Maiden at about two hundred, and that of the militia to have been originally about five hundred ; but said that, from the best information he could obtain, it was then reduced to about two hundred and fifty, and that they were leaving them daily the Indian force he at the same time computed at about three hundred. Q. (By a member of the Court.) What was the appearance of General Hull at the time he rode out to your detachment, after the enemy had crossed. Was it firm and animating ? A. I think not. CftOSS-EXAMINED BY GENERAL HI Q. Had you not an authority to take a larger force froni the troops at Detroit, on the 4th August, than you did take? A. I think I had, I was authorized to take a company- Capt. Gilchrists's Lieut. Pentz's, and Ensign Baker's men Capt. Gilchrist was at Sandwich when I took the command and received my instructions : I desired him to cross and draw rations he had some difficulty in procuring them; took bread and went without the rest Captain Gilchrist's company having been sent the day before was much fatigued ; I therefore took only thirty five men, and on the next day was obliged to send back five or six, on account of their being lame and unable to march. I did not think it necessary to report this to General Hull. We never counted on having more than two thirds of the companies when ordered out upon detachments by companies, detachments and regimentso |C7* Colonel Vanhorne corrected this by assigning a reason why the detachments could not be more complete. Q. Had not the commanding officer at Detroit orders to place under your command all the militia who had refused to cross over to Canada ? A. I do not know for certainty, but presume not, as only three platoon officers were ordered. Q. Had you not an order to take all the riflemen of the army ? A. I had ; and did take all those of my own battalion, fit. for duty, and those that were paraded by adjutants of corps. Q. (To Generals M Arthur and Cass, as well as to CoL Vanhorne) "What was the force under Major Yanhorne ? A. (By the same.) The whole force under Major Van- home was estimated at two hundredIt was a subject of much conversation at the time, and with General Hull, that the number detached was not sufficient. Q. How many troops were there with the mail ? A. Ahout 18 or 20 mounted men. Q. Before you were attacked at Brownstown, had you sent my of your spies or reconnoitering parties forward ? A; t did not, because I thought U wnnM not do to take up n a much time as to reconnoitre at every crevice or creek, hav ing to return the next night, making the best dispositions in, my power. Q. At the time I came to Col. Findlay's regiment on the morning of the 16th, did I not go to the other forces stationed near you ? A. It is probahle ; I did not see you. Q. How long was it after you stated to Captain Bostler that you might he attacked in a short distance, that you were actually attacked. A. I cannot say exactly as to the time, but think it was about half an hour we had inarched about a quarter of a mile. Q. Do you not know that on the 15th and the following night, I had undergone great fatigue : and among those indi- cations of fear which you observed, did you observe any in- dications of fatigue, care and anxiety or of either Of them ? A. I do not know. General Hull was on the ground once., about 12 o'clock at night, where we (Colonel Findlay's regi- ment) were posted, and, I believe, once on the next morning, when the men were cooking their breakfast, and another time at the picket fence General Hull was on horseback He appeared dull, heavy, dispirited, and without animation C have no doubt his anxiety added to this appearance. We had all been fatigued; but, on comparing faces with other of- ficers, there was an evident difference. The Court adjourned to Monday next, 17J h day, Monday, 7th Febiniary, 1814. The Court met pursuant to adjournment all the members were present Lt. Col. Vanhorne appeared, heard the ev- idence read to him, and made sonic alterations ; upon which the Court was cleared to discuss the subject, as also to con- sider the propriety of putting a question to General Cass concerning the introduction of a British officer into the Camp at Springwclls The following was the question submitted to the Court, to be put to General Cass " By whose order he (General Cass) introduced the British oiueer into tue American camp at Springwells ? State particularly the circumstances attending it." It was decided that the ques- tion be put to General Cass The objection made by th& prisoner, to the alteration of evidence once taken, was in the following words : The testimony is read over to the witness? as I conceive, for these purposes first, for the purpose of ascertaining whether the expressions he used have been writ- ten down, and secondly, to allow him to explain himself, if his meaning in any respect should be misunderstood. If the witness admit ; or if the Court should he of opinion, that (he words he used have been written, then he ought not to be permitted to change those \\ords. But, if the witness desire to make any explanation of his language, it ought to appear as such upon the record : and, if (his rule he not adhered to, a witness may vary his testimony according to impressions he may have received after his first examination. I do not mean to apply the ohservat on to Col. Vanhorne; but the principle may be important as respects the testimony of witnesses who may be called, upon whose veracity there may be less reliance than on Col. Vanhorne's." The Court ordered *< that the testimony of every witness shall be read to him on each day, as far as it has proceeded, and be approved by him ; and if any corrections take place afterwards they shall appear as such; but, until the testimony is read to him as aforesaid, he shall have the controul of the manner in which his testimony shall be expressed." Brigadier General Cass was then called, and, in answer to the question above stated, said- -When I returned from Mai- den, having been there with a Hag of truce, 1 was brought by a Capt. Barwiss a British provincial naval officer, in a boat- Captain Hickman and Lt. Peckham were with me when J came opposite to Springwells, I thought it improper to take the British officer into our encampment, I therefore intended to have taken him to Detroit, and then to have informed General Hull I proceeded about a mile, or a mile and a half above Springwells, when I was overtaken by an officer, who I think, was Capt. Hull, and who stated that General Hull was at the Camp at Springwells, and directed me to return Oiitheu 1 accordingly returned to Springwells, where, on landing I remained with the British officer, and sent Captain Ilickman lo General Hull to know if the British officer should be introduced inio the encampment Captain Hick- man returned and directed that the officer should he taken to his (the General's) quarters whither I accordingly took him. Gen. Cass here stated that on the 12th Inst. Col. Brush stated to witness, Colonel Findluy, Gen. M' Arthur, and, he thinks General Taylor, that General Hull told him that u. capitulation would or might be necessary, and that he in- tended or expected to surrender the fort and to\\n of Detroit, or words to that effect ; and it was in consequence of that in- formation that the statement on that subject was made to Gov. Meigs. This last evidence was siren by consent Colonel Brush was considered by the officers generally as the most intimate and confidential friend of the General. M.ijor William A. Kemble of the 26th U. S. Infantry was sworn. Witness said, that he joined the North-western army in Gen. M'Arthur's reg. on the 9th May, 1812, and continued with it to the 16th August that on the 30th July he was sent for to attend at Gen. Hull's quarters, when the Gen. stated to him that he proposed sending a detachment to the river French, for the purpose of collecting some flour. grain and cattle, which were there he said that he did not like the plan of detailing detachments from the whole army, and would wish for some field officer's proceeding on them, with his battalion that witness replied that be was from principle opposed to small detachments ; but that, if the General wished to send him. he would go cheerfully and vol- untarily command that Gen. Hull appeared very rnucU pleased, and, after passing some compliments, ordered wit- ness to prepare his battalion for a march, and to get four days provision ready, saying that witness should be accom- panied by Capt. Forsyth's company and go by land that, about the time the detachment was ready to march, witness received a written order from Gen. Hull, directing that part of the detachment should march, and part proceed by boats ; - 76 and that, sometime being necessary to prepare the boats, it was late in the afternoon before the troops were ready to move, when a violent storm arose which would have made it imprudent to proceed ; upon reporting which to Gen. Hull he directed witness to wait that in the mean time there was a rumour in camp, that there was a reinforcement on its way to Maiden; witness believes it came from Gen. M' Arthur that the service witness was ordered on was expected to oc- cupy about six days that after it was ascertained about the reinforcement to Maiden, witness went to Gen. Hull's quar- ters and communicated to the Gen. the information he had received, and asked him if an attempt would be made upon Maiden before he returned, saying that he did not wish to be absent when the army was engaged in so important an enter- prize that the Gen. assured him that it was not his intention that the army should march while he, the witness was ab- sent that witness then stated, that ten or twelve days would be required for the performance of his duty, and that a British reinforcement might arrive at Maiden before the ex- piration of that time, and that he doubted the propriety of the measure ; he also stated to Gen. Hull that he thought that if an immediate attack were made on Maiden, the coun- try, with provisions, &e. would fall of course to us that Gen. Hull, upon this, told him to wait for further orders. But none were given. Witness says that lie recollects that, when the first council of officers commanding corps and Hold offi- cers was called, (in the 1st of August, as he thinks) and when tlmy were assembled, Gen. Hull rose and addressed them from a written paper, and stated the object for which he had called thorn together. He said that the fall of Mackanac, the want of co-operation from below, on the Niagara, and the in- formation he had received respecting ihc hostile intentions oft lie Indians, induced him to ask the advice of the officers as to the course he ought to pursue in the future operations of the army. That f he Gen. stated as his opinion that a small garrison should be left at a fort a little above Sandwich, called, sometimes, Fort George, and that the principal part of the army should re cross the river and open the communica- tion with Ohio, by establishing posts at JJrowimov, n i-iver Raisin that a desultory conversation took place among the officers, in which Col. Cass and Col. M'Arthur took a principal part, the former recommending that Maiden should be taken, as it would he the hest way of opening a communi- cation ; not only thereby securing a communication with Ohio, but bringing the northern Indians completely in our power ; while Col. M'Arthur went more particularly into detail, and endeavoured to demonstrate that if the Gen. should recross the river, it would be impossible for him to communicate with Ohio that most of the other officers were of the same opinion with those two, excepting Capt. Dyson of the artillery and Capt. Sloane of the cavalry that Gen. Hull said, Gen- tlemen, if you determine to march to Maiden, I will march at your head." That a question then arose whether they should move directly against Maiden or wait sonic days for the heavy artillery ; on w hich question there appeared to be a diversity of opinion that Lt. Col. Miller then proposed a plan for attacking Maiden without heavy artillery. This plan was, that a select corps, consisting of about 800 or 1000 men, including the ith reg. which, from its having been on service, was considered, in proportion to its numbers, as the most efficient part of the army, should be formed that this corps should be transported in boats, and proceed along the river, in the American channel, in the night, and should land before day on a beach below Maiden, and there form two divisions ; one of which divisions should inarch with the field artillery to the river Aux Canards (the enemy having maintained a picket guard there) while the other should march up the river Aux Canards to the place where Colonels M'Arthur and Cass had passed that river before, at the bridge that the division at the bridge should commence a cannonade, which, it was expected would draw a considera- ble part of the enemy's force to that quarter, as it had done before : and in the mean time the first division sfiould stir- prize Maiden, if possible ; or, if not, should take it by as- sault. Witness says that this plan was objected to by some of the officers, as being too complicated ; and Col. Cass thought it would be best first to determine whether the army should or should not proceed without the heavy artillery 78 that witness, in order to be able to form au opinion, asked Gen. Hull for a plan of the fort and the country at Maiden, and its force ; to which request he replied, with some em- phasis, " Sir, it is stronger than Sloney point" an answer that did not by any means satisfy witness. AVitness says that the next question proposed to the council was" whether the ar- my should proceed to Maiden, or wait two or three days for heavy artillery, ono gun being ready and the other nearly so?" that upon this question the officers veiv equv*lh di- vided, and Gen. Hull decided in the negative, stating a diffi- culty of transporting cannon from Detroit across to the Can- ada shore; (the army then being at Sandwich) that witness proposed building floating batteries, one of which was done iu ;' ; .ve <luys fliat when this was completed, he reported it to Getsoi-cil Hull, and was referred to Capt. Dyson and Lt Dar- raby that at the time witness went to make this report he saw Col. Brush at the General's quarters, together with three young men, who had been taken prisoners and confined at Maiden, and from whence, they said, they had been released on parole one of these men was a carpenter, and had worked at Maiden that this man stated (as well as witness recol- ]"ots) that the British had about 270 regulars, of whom from 200 to 220 were fit for duty, and 130 militia ; and as to In- dians (of whom the British themselves could not tell the ex- act amount) he supposed they were from 150 to 300, and could not exceed the latter number they also stated that when Colonels Cass and Miller had routed the British picket, they were all in confusion and preparing to embark (this ac- count was confirmed by the other two young men) witness thinks Gen. Hull asked whether the British had strengthened the fort at Maiden, and that the answer was in the negative. "Witness says, that on the 13th August (as he recollects) he was officer of the day at Detroit, waited on General Hull and found him and Col. Bush, sitting on the settee engaged jn close conversation, rather low that the General turned the conversation to provisions, alluding to some wheat which was > hen hauling in that Col. Brush asked what quantity of public provisions there was, when the General replied, about a month's., and then asked the Col. whether the country around could not afford a sufficient quantity of provisions fer the army ; to which Col. Brush answered he thought there would be enough for two months witness also thinks that it was on the 14th August he saw General Hull at Col. M'Arthur's marquee, with Col. Brush and other officers that witness was about retiring but was called back by General Hull, who invited him to a seat, and asked him (in connexion with the conversation then passing, which was on the subject of th enemy's moving on the other side with their artillery) ' What would you do"--" Sir," the witness replied, " I would lire upon them" upon which General Hull said, " But, Sir, about the ammunition ! would it be proper to expend it under these circumstances ? MAJOK TREMBLE CROSS-EXAMINED BY THE PRISONER. Q. What is your age ? A. I was 27 years old on the 4th April last. Q. Ooyou recollect what portion of officers disapproved of Col. Miller's plan of attack on Maiden ? A. I do not recollect, as no question was taken. Q. Did Colonels Cass and M Arthur object? A. My impression is that Col. Cass did object, on account f its being very complicated. I cannot say as to Col. M- Arthur. Q. Was the other 24 pounder brought over from Detroit. and when ? A. I think it was, on the 6th August. Adjourned to the next day. The Court met pursuant to adjournment, all the members being present. Captain James Dalliby, of the ordnance de- partment, being sworn said that he belonged to the North- western army under the command of General Hull in 1812, was at Detroit on the 16(h August, and was there previous t the war went there in 1811, and had never been absent that he commanded the battery (the uppermost of the three bat- teries) in the town he says that the following is an account of the- nrdnaneo at Detroit : vi/. 80 :) 24 pounders, 7 mounted 2 oumounted, 8 12 do iron 4 do 4 do 5 9 do do 4 do 1 do (as he belie ve* :> C do brass mounted on travelling carriages. 2 4 do do do do 1 5 do do do do 1 8 1-2 Inch howitzer, brass do do do ' 1 51-2 do do do do do do 2 3 1-4 do do do do do do 3 6 do do Iron on trunk wheel carriages in the block house at the upper end of the town. "Witness says that this was the whole of the ordnance ex- cepting two or three small howitzers and swivels which were not reported, and that most of this ordnance, was mounted be- fore the 8th August witness is of opinion that there were 2500 stand of arms, in the whole, including rifles, for the army -he says that according to the returns made there were at Detroit on the day of the surrender 1400 cannon balls for 24 pounders, about 1700 for 12 pounders, 1400 for 9 pounders* about 1000 balls for 4 and 6 pounders, about 4800 three pound balls, 290 ten inch shells [not fixl] about 500 eight inch shells, of which 100 werefixt, and about 800 five and a half inch shells, 100 of which were fixed ; a large quantity [say 4000] of 2 3-4 inch shells called hand grenades, a considerable number of which were fixed with powder and boxed. There were also, witness said, about 3 1.2 tons of lead, of \vhieh a considerable quantity had been run into balls, a* much as was (considered a sufficient supply for the army ; about 1800 fugees in the rough between 2000 and 0000 priming- tubes, several hundreds of which were fixed for immediate use ; a'oout 100,000 flints, 200 rounds of fixed ammunition fur the 24 prs. (as there were 400 rounds on the 14th) about 20 rounds of grape for the 24 pounders : (about 200 round? were i) red) as before stated there were 100 rounds fixed for ;<. h of the 8 and 5 inch howitzers, about 7 having been fired, leaving the above number witness says that about 100 rounds for each of the brass 6 pounders were sent over to Canada, of which about SO for each were expended that ro rounds wore prepared for each of (he 3 pounders. Hud seme few for the i pounders [say 25 each] that he not know the quantity of ammunition or rounds of grape and eannister prepared for the 2i ; 12 and 9 pounders, as, previous to the declaration of war, the fort had been put in a state of defence, in expectation of an attack from the Indians, and, in expectation of one after the declaration, from the British and Indians ; and as (he ammunition was not deemed necessary for the defence of the place, it remained untouched at the Surrender witness says that there was a large quantity of musket and rifle cartridges prepared, as much as was deem- ed necessary, hut he cannot fix precisely the quantify h- can- not state the exact number of barrels of powder, as a good many had been taken to fix the ammunition he believes there were about 100 casks remaining marked from 100 to 112 l!)s 5 that is. including fixed and unfixed, about 10,000 Ibs. He does not know exactly. He says that on the 7th or 8th August every thing was reported to be complete for service witness had charge of the laboratory in July and August> a general preparation was made by artificers under the orders the witness, which artificers were then discharged. The witness proceeding said that the fort lies on the high- est ground in a circumference of three miles, was a regular half bastion fort, composed of 4. curtains and 4 half bastions, about 100 yards on each face, not including the half bastions ; about 75 yards being the extreme length of the curtain that the fort was made partly of earththe parapet eleven feet in elevationthe thickness of the top of the parapet about 12 feet, the banquet for Infantry six feet from the foundation or level of the fort, and five feet for the parapet the whole width of the rampart at its base 26 feet at the bottom of the exterior or slope of the parapet there was a horizontal space of ground aboiit2 or 3 feet in the width,' extending round the whole circumference of the work, the ditch upon an aver- age was from five to six feet deep, and at the bottom 12 feet wide, beyond the exterior or slope of the ditch anscope, or glacis, or esplanade. There was formerly a covert way, of which traces were remaining unhurt. In the bottom of the ditch vound the fort there vfas a row of pickets of cedar, nearly new> in diameter and 11 or 12 feet high : these pickets were fasten- ed together by a rib The gate was strongly made of plank with spikes ; over the gate was a look out house, also strong- ly built in the fall of 1811 cannon were mounted in the em- brazures, most of which were repaired and put in good order in 1811, and the fort was, generally, in good order and in good repair. "Witness says that on the morning of the l*tli August he was stationed at the battery called Bartlelt's \\harf, and he thinks the British were erecting batteries on the opposite side, he thought that he was placed at his station to return their fire, and for the general purpose of defence, as at that time every thing bore the appearance ei'an attack upon the fort,,- that the guns at the battery commanded by witness were on a platform on the edge of the river, and were intended against shipping expeeted from Mackana ; tl;ry were v M!.M!< uny parapet and were much lower than those of (lie eueiuy-That, from the position of this battery and its form and from ihose of the enemy, he knew that in case oi'ari attack from them he could do them no injury, and that his own men were exposed to be swept off every five minutes ; that lie thereto; ' applied to- the General for leave to build a battery in the centre of ihe town, and upon a level with the battery erecting by theeney^ permission for doing which was obtained; the battery was commenced about one o'clock on the lith. and completed, so far as 'to be ready for action, at the same hour on the loth 5 that on the evening of the 14th, when the workmen, after leaving off work had generally dispersed, witness remained in the battery, to which General Hull rode up ; when witness conversed with him on the propriety of driving the enemy from their works opposite the lower end of the town, which liad been completed for some time the words of witness were, < Sir, it' you \\ill give permission, I will clear the en- emy on the opposite shore from the lower batteries" the general answered. 4 Mr. Dalliby I will make an agreement with the enemy, that if they will never fire on me I will never fire on them" and concluded his answer with this sentence''* Those who live in glass houses must take care ho\\ they throw stones." He then rode off. "Witness sj^s that on the morn- ing of the 5th July, bciore the American army arrived at De- U'oit, the enemy were in erecting two batteries on the same ground where they were seen working afterwards that witness was then ordered by Major Whistler, who at that time cominunded, to fire, on them from the battery at the lower end of the town, from the 2i pounders that he did tiro upon them, which had the desired effect that they were driven away, as they were also from the King's stores, about a mile and a half distant, from whence they were taking off flour, and about the same time the inhabitants on the opposite shore removed, and took a new road at some dis- tance from the side of river, to keep out of the range of our shot. Witness says that the cannonading commenced about 3 o'clock of the afternoon of the 15th and was answered by the battery he commanded as well as from the other batteries- that this cannonade commenced a short time after the return to the enemy of the flag of truce which had been sent to ask a surrender of the fort, and continued to be exchanged till about 10 o'clcck at night that the fire of the 15th was not injurious to the army, only one man having received a wound in the leg; the town was a little injured that on the IGth the firing recommenced on both sides (first by the enemy) at break of day ; during which little injury was received, to the knowledge of the witness, the fire being principally directed towards our batteries that witness had reason to suppose and has since understood that one of the enemy's batteries was silenced, which they repaired ; and about 10 o'clock on the 10th August witness received orders from Capt. Dyson in the name of General Hull, to cease firing, which orders he obeyedthat the enemy then continued their fire for 15 minutes, which they directed principally against the fort, and which they were enabled to do with precision, not being annoyed by us ; and some officers and men were killed in the fort, while witness with his men were in the battery un- employed ; and that soon afterwards he saw the white flag hoisted on the fort witness says that he did not know of any musket cartridges having been damaged. Witness says that he was at Maiden in July or August 1811, and has been there since that the fort was a regular four bastion one of earth that the curtains were nothing more than pickets or palisades on three sides-^-there was formerly on'the river side a fleche, upon which a cannon, had been mounted, but none were mounted on it in 1812 when he was a prisoner, at \\ hich time he went round it to satisfy his cur riosity, but found no alterations, witness saysthvt on the sou h side of the fort there had been considerable alterations, and the batteries had been repaired the pickets appeared to be old. not very strong, and in a state of decay Witness re- mained three weeks after the capitulation, and no north- ern Indians arrived sooner than about three weeks afler the capitulation, witness was at Maiden at which time when there was time for them to have heard of the fall of Detroit. CAPTAIN DALLIBY CROSS-EXAMINED BY THE PRISONER. Q. Please to describe the whole distance of the curtain round fort Detroit ? A. Going the circumference of the fort, following the line and tracing the angles, might make a difference of 75 or 80 yards from what I before stated. Q. You have described the state of the fort and of the preparation for defence and attack. How long before the surrender were they in the state you have described ? A. We commenced in February 7, 1812 to put it into a state of defence against the Indians, and on the 4th July it was completed : before the army arrived \vc had Iain upon our arms lor three nights, and were prepared in the day, with matches lighted. From the 4th July to the 8th August the field artillery was put in order and many improvements were made in the implements, gun carriages and ordnance stores, for the purpose of moving into Canada and attacking Maiden. On the arrival of General Hull at Detroit, the greatest ex- ertions were used to put the regiment in a state of defence. Capt. Dalleby then stated that the battery he erected in the middle of the town was about four feet high and the em- brazures were marked out that when General Hull went to that battery on the 14th August, and was asked by the witness for permission to fire on the enemy, the word * never'' was used (the witness believes, but will not positively say) by Gvn Hull, in answer to the request. He did not under- stand that Gen. Hull had made an agreement with the enemy, not to fire on cadi ot/ier, bat that he was willing to do it. 65 Capt. Daniel Baker of the 1st Reg. of IT. S. Infantry was then sworn. This witness stated in evidence that he was in the army at Detroit on the 15th or 16th August under Gen. Hull and had been there for several years hefore, in the quartermaster's department. There were on those two days, or ought to have been, between 5 and 600 of the Michigan militia that he served with the volunteers from that territory at Brownstown, \vhere their conduct was brave witness was at the fort of Detroit until he heard of the surrender, and saw Gen. Hull in the course of the morning of the 16th when he appeared to be embarrassed and at a loss how to act that witness can- not say what the General's feelings were, but could account for the surrender no other way than by supposing him under the influence of personal fear witness says that he was former- ly acquainted with Gen. Hull that he was tolerably well acquainted with the resources of the army, and was satisfied in his own mind that there was a sufficiency for its subsist- ence for three months witness says the fort was much crowded. Cross-examined by Gen. Hull. Q. Were there not provisions brought into that country, ibr the support of the inhabitants every year ? A. 1 believe there were large quantities of pork brought into that country on speculation. I am of opinion that there was plenty of cattle and grain in the country ; but pork, I be- lieve, was not raised there. Q. Can you state any acts of mine, exclusive of the sur- render, that were indicative of fear ? A. I saw the General on the morning of the 16th in a va- riety of postures ; sometimes sitting ; sometimes leaning, and sometimes standing in the fort : and his manner shewed embarrassment once on that day the Gen. was out of the fort. The court adjourned to the next day. 19 Aug. Wednesday, 9tk February, 1814. The court met pursuant to adjournment, all the members being present, when Lieutenant Dixou Stansbury, of the 1st Reg. ofU. S. In- fantry was sworn, The evidence of this witness was as follows that he be- longed (o the N. Western army and remained with il until the. capitulation that he was at Detroit on the 15th and 16th August and commanded one of the guns in the fort on the Itith that on the night of the 15th the Gen. lay in the piaz- za of the barraek and went to hed about 11 o'clockthat when witness a^oke in the morning the Gen. was not there, and witness does not kno\v w en the Gen. got up that wit- ness also slcj)t in the piazza of the barrack that he saw the Gen. in a tolerably safe place As to his being afraid, witness cannot say witness mart-bed from Newport in Kentucky, and commanded '28 regular troops at Detroit He did not then belong to the 4fh Reg. Cross-examined by Gen. Hull. Q. You stated that I went to bed on the night of the 15th Did I not lie down on a matrass, with my clothes and boot v on? A. You did. Q. What time did I rise at ? A. Before day sometime. Q. Did you not observe me in the morning of the 16th, going about in different parts of the fort ? A. I saw you on the parade ground, but during the princi- pal part of the time, near the gate out of the way of the fire. These was no necessity, that I saw, for your being exposed in any other part of the fort, or on the parapet, to be fired at as a target. J had my orders, and I suppose the other of- ficers had theirs. Q. Had you an orderly book ? A. I had. it was taken in the vessel. I got another after- wards but never used it. Capt. Oliver G. Burton, of the 4th Reg. U. S. Infantry, sworn. Witness was at Detroit on the 15th and 16th in the North-western army, under Gen. Hull ; knew of the capitu- lation and when it took place was in Capt. Dyson's quarters when Gen. H(H1, Gen. Brock, and two or three other Briti^i officers were writing (as I was informed) the articles of cap- itulation and he firmly believes they were cugagcd, on the S7 forms of it he cannot say whether it was before or aftet this that the American troops were called into th- fort, but at the time there was a company of British grenadiers, of about 150, standing in the fort at ordered arms, from whom they were posting their guards in and about the garrison- witness saw the officers in Capt. Dyson's quarters when a paper was handed to Gen. Brock, with some lines struck out, which witness supposes related to the regular troops return- ing home upon their parole*--Gen. Brock agreed that the Ohio militia might return home on their parole witness saw Col. M'Donald and Capt. Glegg writing this was after the meeting of the officers in the marquee witness docs not recollect the names of any American officers in the room at the time, but there might have been some in it. Cross-examined by Gen. Hull. Q. How long before the meeting at Capt. Dyson's quar- ters, was the meeting between the British and American ofK~> cers in the marquee ? A. I saw them at Capt. Dyson's about 11 o'clock, to the best of my recollection, and, hi the marquee about 3-4 of an liour before that. Q. Hud you an orderly book ? A. I cannot say I had, after leaving the rapids of the Mi- ami ; mine having been put on board the vessel. I believe I Lad not. Q. How did you receive your orders ? A. I received them sometimes verbally ; at others by see- ing them on paper through the adjuant. Q. Do you know whether these interviews took place be- fore or after any accounts were received from Cols. M'Arthur and Cass ? I think it was after that I saw Capt. Mansfield arrive with a flag from Col. M'Arthur, as was said. Major Thomas S. Jessup, of the 19th Reg. of U. S. Infant- ry sworn, and said I was brigade Major to Gen. Hull. The army moved into Canada with from 1600 to 1800 men ; which force was oc- casionally increased and diminished, several detachments be- ing made. At a council of war he!4 about the end of July or beginning of August, I was called on to explain a of the Brigade this was a few days previous to leaving Can- ada. At that time 1SOO men were, to the best of my recol- lection, considered as the disposable force to act against Mai- den, (this perhaps included the Michigan legion) leaving enough to garrison Detroit The Michigan militia were, I believe, to be called out. Sometime on the 15th I received information that a summons was sent by Gen. Brock to sur- render ; and I understood that Gen. Hull had answered that lie was determined to defend the place I met Gen. Hull on horseback in the street shortly after the answer was sent? and enquired of him the disposition to be mad of the troops. Gen. Hull s*id that the upper part of the town was to be de- fended by the militia under Col. Brush ; that the Michigan legion and the Regt. under Col. Findlay would form a line on the back of the town, from the fort, to close with the militia' >mder Col. Brush ; while the 4th Reg. would remain at or near the forts. The Gen. said further that orders had been given to the officers. He was apprehensive that if an attack were made the Indians would attempt to turn the town. At a short distance from the town was a cornfield, said to be- long to Col. Brush. I was apprehensive that, if the attack should be made, the Indians might be sheltered by this field, and proposed that the corn should be cut down the General would not agree to this, but permitted me to examine a block- house which was in the cornfield. I found it filled with hay or some other fodder, belonging, as I understood, to Col. Brush, and not in a situation to receive troops. After Col. Findlays line was formed in the rear of th town I discovered that the detachments of Cols. M' Arthur an4 ('ass's Regts. in the event of an attack from the enemy, would be much exposed, they being nearly in the rear of the fort, i therefore, proposed to Gen. Hull that they should join Col.. Findlay or Col. Miller, of the 4th he directed that the\ should join Col. Findlay's ; and I accordingly coiunt:inica(ed the order to Capt. Sanderson, the senior officer I found upon the ground. On my return I met Gen. Hull, who told me that he had changed his mind with respect to the disposi- tion of those Regt?. and that I might proceed upon my othev ( 89 ) duty, as he would communicate the orders himself. Shortly after quitting the General I met Mr. Dougan, quarter- master of Colonel Findley's regiment, and went with him to Spring- Wells. We discovered a considerable British force at Sandwich, nearly opposite to Spring- Wells ; one or more British vessels had anchored below, and some of them were moving up slowly : the enemy appeared to be collecting boats, and we supposed they intended to cross the river. When we were about to return, the British batte- ries commenced firing, which was immediately returned by our fire. This was on the 15th. On our return we passed by General Hull on horseback in the street, near the se- cond battery he appeared to be agitated. Mr. Dougan or I, observed that the General was frightened ; and it was also observed by one of us (I do not recollect which) that " we must cheer him up" We approached him and spoke to him, and noticed that he was pale and very much confused he dismounted from his horse and led him to- wards the fort The firing continued for some time after dark. I was employed posting our vidette guards. After the firing had ceased, I requested Mr. Taylor and Mr* Dougan to accompany me to Spring- Wells : we again met General Hull near a Mr. Hunt's, at the lower end of the town, and requested leave to go to Spring- Wells : the General said that he had dispatched Captain Snelling to that place with a piece of artillery, and that, if I mistake not, Captain Burton and General Taylor had gone down. He observed also,that he was about to visit the lines and wish- ed us to accompany him We did so, rode along the line in front of part of Col. Findley's regiment, and round the back of the fort when we arrived in the rear of the fort we noti- ced that Colonels M 4 Arthur and Cass's regiments were still there, and Captain Sanderson observed that they were un- pleasantly situated, as they were exposed to the enemy's fire, without being able to perform any kind of service. M (90) This was communicated to General Hull, who observed that, as the firing had ceased, there was no danger. The General then permitted Messrs. Berry and IVTDougal and myself to go Spring- Wells. We overtook Captain Snel- ling a short distance from them and accompanied him thither. He had, I think, a six pounder, and was very anxious to have a twenty-four pounder. It was the opinion of the other officers and myself, that with one or two twen- tv-four pounders, we could drive the British from their moorings : we searched immediately for a place to plant them, and discovered in an orchard a fine situation for a battery. We examined the bridges and considered it practicable to pass the cannon over them all except one, near which there was a arge quantity of hewn timber. We returned and found General Taylor in the fort, who, we then learned, had also proposed taking down heavy cannon. I urged it to General Hull, who objected in the first place to the bridge, and then that the pieces were heavy and un- manageable. Some person (I think General Taylor) said that one hundred horses could be ready in a moment. I then told General Hull the result of my observation as to the bridge : he answered that it was the opinion of the su- perior officers of artillery, that the cannon could not be ta- ken over the bridges, and that he would be governed by it. Captain Dyson, whom I saw standing by when I turned round, sid he was prepared to obey any order. I then parted from General Hull and did not see him until a little before break of day on the 16th, by candle light, when he came to my tent and desired me to write an order to Colonel M'Arthur to take a back route, as he was appre- hensive it would be dangerous to come up the river on ac- count of the enemy. The General said he would send for the note, and, about sunrise, a person equipped as a dragoon called for it. About this time the firing commenced some time a/ter I was at breakfast with Colonel Findley when (91) Captain Hull came to his tent, apparently intoxicated : he attempted to communicate an order, but could not be un- derstood ; and Colonel Findley requested me to ride to General Hull to know what the order was, as it might be of considerable importance. I found the General in the fort: he said he wished the line of battle to be formed at some distance below the fort ; directed me to order Colonel Findley's regiment and Colonels M' Arthur and Cass's detachments to be posted there ; and ordered me to consult Colonel Findley, and to tell him that he would support him immediately. The line was formed perpendicularly to the river, perhaps a quarter of a mile below the fort ; the left behind a row of high pickets ; the right, I believe was behind a common fence ; our dragoons were on the right. When the line was formed, Captain Maxwell and myself went out for the purpose of reconnoitering the ene- my : we discerned them marching in column through a lane, on their left of which there was a number of orchards, gardens and buildings ; the fences appeared to be a pick- eting or stockade. I returned immediately to the fort, having requested Captain Maxwell to report to Colonel Findley the situation of the enemy. On my arrival at the fort, 1 immediately reported the position of the enemy to General Hull ; observed that this would be a fit opportunity for artillery to open upon them ; and that if they attempted to form in line, our dragoons could take them in flank. The general permitted me to take out some pieces of artillery, and directed me to take command of the dragoons- Immediately after leaving the fort I met with Captain Dyson, who, I think, informed me that Lieutenant Anderson had taken out a piece of ar- tillery. I lelt him and proceeded to the right, to com- mand the dragoons who were patrolling. By the time I met with some of the officers or dragoons, I perceived that our line was breaking up, retreating to the rear, towards (92; the tort, by flanks of platoons or companies. I rode to Colonel Findley to inquire the reason : on my way I met an officer and inquired what was the matter : he said, " look to the fort ;" I did so, and saw a white flag flying* Colonel Findley, if I recollect right, said, he did not know why we retreated, and desired me to ride to the fort and inquire. I saw General Hull in the fort, and thought him very much frightened when I met him. I inquired of the general if it was possible we were about to surrender. He said something about the enemy's force and terms, but I could not collect what : his voice was at this time tremu- lous; I mentioned that we could at least hold out till we were joined by Colonels Cass and M' Arthur. He exclaim- ed, u My God ! what shall I do with these women and children !" I left him, went to Colonel Findley, and stated that all was lost, and requested him to endeavor to save us. After this I did not see the general until the terms of capitulation had been agreed upon ; I then met him in a piazza before Captain Dyson's quarters ; he appeared tranquil and perfectly composed. He said that he was sorry that I had disapproved of his conduct, as he had al- ways respected me ; that no man felt more on the occasion than he did ; and made some observation that conveyed the idea that he considered that the government had aban- doned him, and he hoped that I would continue to act un- til the troops were marched out of the fort; to which I re- plied, that I would do my duty. I then received either from General Hull, or from one of his aids, a paper con- taining a copy of the articles of capitulation, which I was directed to read to the troops, who were marched out by battalions about 12 o'clock, and formed in a hollow square below the fort, had the articles of capitulation read to them, and stacked their arms. Major Jessup having continued his narrative so far, recurred to former parts of it, and stated that, when, be- (.93) lore the capitulation, he communicated to General Hull that he had reconnoitered the enemy, witness found him in the fort on the side next the enemy's battery, complete- ly sheltered, sitting on the side of a tent by a bed ; that he then told the general, that the enemy's force was about 700 or 800, and that our guard which was most advanced had surrendered to the enemy. At this time witness thinks General Hull said that Colonel Brush told him that his men were leaving him ; he also exclaimed that four men were killed at one shot, and appeared to be so much alarm- ed thai he did not know what he was about. The tobacco- juice had fallen from his mouth upon his jacket and about his cheeks. The head of the enemy's column was at some yards distance, and a detachment of the enemy's troops came into the fort before the American troops marched out, and before the articles of capitulation were signed. No means were taken, to the knowledge of witness, to prevent the enemy from getting command of our batteries. Witness was informed that the advanced guard which had surrendered, consisted of about twelve, said to be com- manded by one Godefroy, a Frenchman and a citizen. Major Jessup stated also that, on the evening of the 15th, when he mentioned to the general that the enemy had moved with most of his forces, he observed that it would be a fine opportunity to cross over and spike the cannon ; and proposed going himself with 200 men then with 150, and then with 100 men on which propositions several ob- servations were made, but no permission given to the wit- ness ; whose opinion was then, and still is, that the enemy's works could have been carried with one hundred men. "Witness said that, at the moment of this conversation, a shot struck a house near him, upon which General Hull was much agitated, dismounted, and led his horse to the fort. Witness did not know from what the agitation arose, but believed it was from fear, and the novelty of his situa- ( 94 ) tion. Whenever he saw the general before the capitulation, he was agitated ; after it he appeared composed. Witness says that the country near was of such a nature, as that, by cutting down some of the orchards in the neighborhood of the fort, and posting men in the gardens, a few men could have defended themselves against the whole British force, and that he wondered that it was not occupied on the even- ing of the 15th August. Major Jessup stated also that he had received a report from different adjutants of different corps, estimating the men fit for action, and thinks that the amount (as stated in General Cass's letter) exceeded 1000 men, including the Michigan militia of 400, and the detachments absent with Coiunels Cass and M l Arthur ; perhaps this estimation in- cludes the Michigan legion, which, on an occasion when he had two companies of them under his command, be- haved as well as any troops he ever saw, having formed on an island, where some fighting was expected, in the most regular manner. There were also on the evening of the 15th about 30 or 4O armed waggoners. The witness did not know the enemy's force, but his impression, from the attempt he made to count them, and from the size of their platoons and of their columns, was, that the white force was about 750, exclusive of Indians a part of the militia force was dressed in red coats as regulars. Major Jessup was then questioned by the Court. Q,. Did you preserve the orderly book of the brigade of which you were brigade-major ? A. By an article of the capitulation it was given up, as forming part of the public documents, as stated by General Brock and Colonel M 4 Donald ; who considered orders and reports as such, and directed that they should be delivered to Lieutenant Bullock, of the 49th regiment. Q,. Did you advance, on the 16th August, to reconnoitre the enemy, by order of General Hull ? C 95 ) A. I did not : I advanced entirely by order, or at the re- quest of, Colonel Findley, who commanded our line in ad- vance of the fort. General Cass and Majors Tremble and Van Home were discharged from any further attendance on the Court. ("Adjourned to the next day.} 2OM Day. Thursday, \Qth February^ 1814. The Court met pursuant to adjournment all the Mem- bers present. Major Jessup** examination by the Court was continued. Q. What were the conduct and sensations of the troops when you read the articles of capitulation to them ? A. On the morning of the 16th the spirits of the troops seemed to be somewhat depressed ; but, upon my giving the order to form the line of battle, they were revived, and appeared desirous of meeting the enemy. When the line was retreating both officers and men appeared displeased and murmured ; and when ordered to stack their arms, af- ter marching out, they evinced the greatest dissatisfaction and indignation. Q. Did Colonel Brush's men leave him, as stated to you by General Hull ? A. I believe not. I only stated that the general men- tioned that Colonel Brush reported to him (the general) that his men were leaving him. I did not hear of this but through General Hull. Q. Do you know what was the cause of the troops being low spirited on the morning of the 16th, before the line was ordered to be formed ? A. They had been under arms the whole of the prece- ding night, and appeared to be of opinion that no exer- tions would be made to repel the enemy. Q. While the terms of capitulation were discussing, \vere the troops of the U. S. so posted as to have been able to make a defence, in the event of degrading terms being insisted on by General Brock ? A. The men were crowded in the fort in the utmost dis- order. The enemy's troops were permitted to approach so near the fort as to be able to take possession of the bat- teries. Cross-examined by General Hull. Q,. Did you see Colonel Brush's men on the morning of the 16th? A. I saw Colonel Brush's men after my return from re- connoitring : they were marching across the common at the back of the town. Q. In your direct examination you have stated that your orderly book was taken where are the manuscript orders ? A. I believe that Captains M'Cormick and Butler have the orderly book of their regiments, but do not know that they are here. Those gentlemen were adjutants to Colo- nels Findley and M'Arthur's regiments. The manuscript orders were given up also. Q. Did you receive any orders from me ; and how were they communicated ? A. They were generally sent by an aid-de-camp to me : upon which I assembled the adjutants of regiments at my quarters, and communicated them. I speak of the written orders and those while on march. Q,. Was there not an order of march published ? A. There was an order of march published at Dayton, or in its neighborhood : we departed from that order in our march from Urbana. Q,. Do you recollect the paper, now presented, and in the words " E/ectwe aggregate of the three regiments, 700 ?" A. It is my hand-writing, and was handed by me to General Hull, on the evening of the lth Augu^i the waggoners of the regiments, I believe, were included in the estimate, but the 4th regiment was not : it was only what remained of Colonels Cassand M'Arthur's, and the whole of Colonel Findley's regiment, and so explained at the time. This estimate was made by me at the request of General Hull, on the evening of the 15th August. Captain Charles Fuller, of the 4th Regiment Infantry , sworn. This witness stated that he belonged to the North- West" era army under General Hull, and was at Detroit on the 15th and 16th August, 1812 that soon after the white flag was hoisted witness went to the gate of the fort, and met Lieutenant- Colonel M 4 Donald and Major Glegg, of the British army, on horseback. General Hull was standing near the gate. One of them said to the general that they were sent to him by General Brock, on seeing the white flag hoisted, to receive any communications General Hull might have for General Brock, when General Hull replied, " Gentlemen, I shall surrender. I beg you tvill go to the marquee in the feld, where I will come or send f> ' > that Ma- jor Glegg requested witness to accompany him, to shew where the marquee was, as he was apprehensive the militia might fire upon him, from not knowing his business ; that witness went with them to the marquee, where they were furnished by Major Snelling with pen, ink and paper ; soon after which General Hull, Colonel Brush and Colonel Mil- ler came to the marquee, where witness remained about ten minutes and then went to the fort that, on his reaching the fort, he found the militia (i. e. Colonel Findley's mili- tia) in the greatest confusion, with their arms stacked that, aftei this, witness went to Captain Dyson's quarters, and saw the two British officers coming out of them. Colonel N C 98 ) M'Donald had a paper in his hand, which he said was the articles of capitulation signed by General Hull ; that he was taking it to General Brock for his approbation, and wished witness to accompany him, for the same reason that he went to the marquee ; with which request witness com- plied, and found the British column nearly half a mile from the fort, opposite Mr. May's house that he then left Col* M' Donald and returned to the fort. Witness says that he saw General Hull several times on the 16th; and in his judgment he appeared to be frightened witness thought so at that time he never saw the marquee before the morning of the 16th, and does not know when it was pitched. In answer to a question by General Hull, Captain Fuller said that he received a letter on the 2d July (the day after the vessel left the Rapids of the Miami) from General Hull to Colonel Anderson, to procure for witness a boat and hands, that he might go in pursuit of the vessel which took the baggage and sick on the lake. Colonel Anderson could not find a boat ; and, from the winds blowing so hard, it would have been impossible to overtake the vessel. Colo- nel Anderson was the commanding officer of the, militia then, and did every thing in his power to procure a boat that the general sent for witness about daylight in the morn- ing, to send him off to stop the vessel, saying that he had just received an account of the declaration of war. He thought the general appeared on the morning of the 16th like a man full of anxiety, dull, heavy and low-spirited. Q. You stated that I had the appearance of being under personal fear : do you not think that appearance might have proceeded from anxiety and the heavy responsibility I was under ? A. I presume it would. I have no doubt of your appear- ance on that occasion being the effect of personal fear : I had none then, I have none now. Captain John L, Eastman, of the 4-th Regiment U. S. Infantry, sworn. Captain Eastman informed the Court that he belonged to the North-Western army under General Hull, and was at Detroit in 1812, adjutant of the 4th Regiment that the morning report of that regiment, on the 15th August, was 345, grand aggregate of total present, including a small de- tachment of the 1st regiment under Lieutenant Stansbury, then unfit for duty, and the sick ; that he saw Colonel M' Donald with General Hull in Captain Dyson's quarters heard the general express to Colonel M'Donald a wish to make provision for the Canadians who had taken protection from him, when Colonel M' Donald replied, " It is totally inadmissible," and the general said, " Well, Sir, I shall surrender." When the shot from the enemy killed the offi- cers, General Hull went into Captain Dyson's quarters, and immediately returned with a letter, which he gave to Captain Hull, his aid, to send by Captain Snelling with a flag. Captain Hull took one of the pikes made for board- ing the Queen Charlotte, tied a white handkerchief upon it, and gave it to Captain Snelling, who took hold of it with- out seeing the flag, but upon seeing it, said he would be damned if he would disgrace himself by taking that flag from the fort. General Hull standing near, asked what was the matter ; Major Snelling said he was in a passion, and Captain Hull then took the flag and went witness did not know where. Witness said that he saw the general on the morning of the 15th, when the shell burst. When it came into the fort he ran as if he was going under the platform, but witness did not know whether it was his intention or not. The gene- ral's whole conduct, on the evening of the 1 5th and morning of the 16th, was such as to impress the witness with the con- viction that he was under the influence of personal fear, which opinion witness expressed at the time. Witness remained ( 100 ) 24 days at Detroit after the capitulation. The Saganac In- dians arrived there in about three days after the capitula- tion, in number about 250, of whom 60 were warriors the Makana Indians did not arrive before the 10th or llth September, in number about 1100 or 1200 warriors. Bang- Cross-examined by General Hull, witness said that he had not the orderly book of the 4th Regiment, nor any manuscript orders, and presumed the enemy possessed them- selves of it that Lieutenants Stansbury's and M'Cabe's detachments were included in the morning report of the 4th Regiment. Lieutenant George Goading, of the 4>th U. S, Regiment Injantry, sworn. Witness says that he was in the North-Western army under General Hull, and went with the baggage in the ves- sel from the Rapids did not go by any order, and never knew the master of her before he went on board that he saw two trunks on board, which he supposed belonged to General Hull, containing letters from the Secretary at War to the general, but does no- know of any muster-rolls. The boat was taken in the u:outh of the river, between the shore and the island of Bois Blanch, and on the Maiden side, near Ellsoll's house they were obliged to pass near to the fort of Maiden. The boat that took them was coming from the island. Witness saw on the south side of their boat a large batteau full of British soldiers, making for them that there were in the boat with witness altogether about 40 or 45 men, 34 or 36 of whom were of the 1st and 4th regiments, the whole of whom were invalids j two militia officers, three Serjeants, and himself being the only persons in health on board, excepting the boat's crew that the arms were in the hold that when they started they had not he smallest apprehension or suspicion of being atU'ck?J hit rm the 2d July, witness was taken to Amherstburgh, and C remained there until the 6th August while"there he saw a letter from General Harrison to General Hull, naming a certain Indian chief, upon whom the latter might rely ; which Indian was put in irons in consequence. Witness gays that the regular British force at Maiden was from 200 to 250 ; that about 120 boatmen arrived after he arrived there, he having seen them draw part of their arms from the military store ; that the militia was coming in every day, but he did not know their numbers, nor ever saw them parade the militia guard about the middle of July stood 48 hours, on account of the smallness of their numbers ; that Colonel Proctor arrived at the end of July, or first of August, in an open boat, with ten or twelve men, Witness knew of no force brought by Colonel Proctor, nor of any reinforcements after his (witness's) arrival there, except about 50 or 60 Sank Indians, who cane about the middle of July. Witness saw a man riding in, and heard him halloo v< The Yankees are coming," and then he saw some things going on board the brig Hunter, and there was much confusion in the town. Cross-examined by General Hull. Says that he thinks there were an officer and six men in the boat which took our vessel with the sick and baggage ; that he saw some small arms and cutlasses that he had no or- ders to throw away arms or any thing ; there was a captain Sharp on board, a senior officer ; that the boat was loaded and the arms stowed away before he went on board ; that he does not know the number of militia at Maiden ; they were coming in every day from the 2d, to about the 15th July ; that they had no thoughts of being taken, or of making any attempt at resistance, and he has no recollection of any instructions to keep on the American side ; that the Confusion he spoke of as being at Maiden was in the town; he was not in the fort. In his opinion, if they had been prepared for action, they could not have escaped. ( 102 ) Major Jeremiah Monson, 27th U.S. Regiment Infantry, sworn. Major Monson said that he was wounded before the army went into Canada, and was not reported fit for duty, nor has done any duty since the 9th or 10th July, when he was wounded; that, knowing that Colonel Cass and Major Mor- rison were absent, he desired his brother, on the evening of the 15th, when the enemy's fire ceased, to take him to the ground where his regiment was posted, as well as Col- onel M' Arthur's, in the rear of the fortress and in the line of the enemy's fire ; that General Hull and his aid, Major Jessup, came there the regiments were in disorder and confusion the sick and wounded of these detachments were situated in the ditch of the fort, whither they had gone for safety, from the place assigned to them ; that witness ap- plied to General Hull to have them removed, and was re- quested, if his health would permit, to attend and arrange them as well as he could, which he did, and struck the tents, and General Hull expressed his approbation of what he had done ; that he asked the general if it would not be proper to inform Colonel Findley of the new disposition of these men, and was requested, as it was on his way to his quarters, to do it, but being exhausted, he sent word by Major Van Home. This was between 1 1 and 12 o'clock at night. Witness said that he, as well as his brother, had some business with General Hull, and went to him on the 16th, about one or two o'clock, P. M. Major Glegg came in and apologised for the firing having broken some of the win- clows of the general's house. The general told the witness that he could do nothing in his business till Colonel Cass ar- rived, and that he was expecting him every moment. He said, " I almost dread seeing the Colonel, as I expect he will censure me very much, my country will also cen- ( 103 ) sure me, but, under existing circumstances, I have done what my conscience directed I have saved Detroit and the territory from the horrors of an Indian massacre." Cross-examined by General Hull. Q. Were not the best men of Colonels M* Arthur and Cass's regiments sent upon the detachment under those officers ? A. I do not know ; I presume so. When I formed the remainder of the two regiments, there were 30 or 40 of those invalids, who were with sufficient officers in the rear, formed as a reserve, and permitted to lie down with their blankets. Q. What was the quality of the arms of the three Ohio regiments ? A. At the time they drew their arms, I was acting as aid to Governor Meigs, and was ordered, with a mechanic, to inspect them : many of them were condemned, and many of them proved very bad. On the day previous to my be- ing wounded, there were considerable complaints about the arms Colonel Cass ordered them to be examined, which was done ; there were many unfit, and were replaced by some new arms, issued by order of General Hull from the arsenal at Detroit. Q. What was the state of the arms at the time of sur- render ? A. I do not know. ( 'Adjourned to the next day.) 21st Day. Friday, llt/i February, 1814. The Court met, pursuant to adjournment all the members present when Lieutenant Asher Philips, of the 19th Regiment United States infantry, was sworn and said That he was doing duty in the fourth regiment of infan- try, and in the army commanded by Brigadier General Hull, and was at Detroit on the 15th and 16th August, 1812 that he saw General Hull on the morning of the latter day, but did not hear him say much ; he was sitting on a tent, which was lying on the ground, with his back to- wards the parapet or wall, one gentleman and one lady near him he appeared to be very much agitated, and wit- ness then supposed that he was under the impression of fear the gentleman who stood by the general was Doctor Cunningham, who the lady was witness did not recol- lect. Q. (By General Hull). Did you not see a number of officers about me, while sitting on the tent, on the morning of the 16th? A. There might have been ; but I do not recollect^ They may have been walking about, but not sitting down. Captain Charles Fuller was again called, and being examin* edby the Judge Advocate, says That there were some women in Captain Dyson's quarters on the morning of the 16th August, sewing up flannel cartridges. Colonel Brush's wife and the wives of some other of the officers were in the fort on that morning. Questions by General Hull. Q. Did you not see the Ohio militia (volunteers) then ? State what you know of their discipline. ( 105 ) A. They were as well disciplined as militia usually are, better than the Indiana militia under General Harrison. Q. Was it in my power to prevent indiscriminate firing, when I gave orders to that effect. A. I heard of orders being frequently given to prevent promiscuous firing, but they did not entirely suppress it. Q. Did you never hear of a mutiny among them ? A. I heard the sentence passed upon two or three of the ringleaders. Some of the volunteers refused to march from Urbana Captain Cook's company was sent back- There are more particulars stated in General Hull's official letter. Q. Were there not labels posted on the trees, recom- mending to the men not to march ? and were not some of the officers rode upon rails ? A. I heard of these things, but never saw them. / Colonel James Miller, of the 6th Regiment United States In- fantry, called and sworn. Colonel Miller said that he commanded the fourth regi- ment of United States infantry in the North- Western army under command of Gen. Hulljoined the army at Urbana and remained with it until the 16th August that he knew no- thing of an order of battle in the march from Urbana to Detroit that there was a general understanding how they were to form in case of being attacked in the woods this was known by his regiment, but he could not say as to the militia. Witness crossed over to Canada ; was at the river Aux Canards with Colonel Cass and the detachment under his command ; went with a detachment of 50 regu- lars and about 250 Ohio volunteers. Witness was a vo- lunteer, by consent of General Hull, and under the com- mand of Colonel Cass the detachment proceeded within a mile and a half of the bridge, and then sent some men in, advance, who reported that there were 5O men of the nc- O ( 106 ) my (25 on the bridge, and 25 on the other side of it) ; 40 riflemen were then detached towords the bridge, so as that the main body of the detachment might march under cover, with a determination if possible to secure those 50 men. It was expected that some guides would be procured ; but, not having any acquainted with the country, the detach- ment shewed itself to the enemy sooner than was intended ; in consequence of which they fell back from the bridge and formed the line of battle so as to prevent our cutting off their retreat. They fired three ineffectual vollies upon us and made good their retreat. The detachment took pos- session of the bridge ; left a guard at it; and fell back with the main body to some farm houses, with the view of get- ting some provisions, having taken none with us. An express was then sent to General Hull informing him of what had been done. The possession of this bridge by the enemy was a great obstacle in our way ; and having now got possession of it, we presumed it would be kept. In answer to the communication General Hull sent an or- der for the detachment to return, as he could not think of dividing the army, and did not intend proceeding to Mai- den for some time. A second application was then made to the general, urging the necessity of maintaining the bridge, in answer to which General Hull sent a discretion- ary order on the subject. The officers were called to- gether to advise upon the case ; and it was determined that, unless we could support the bridge with our whole force, we had better return, as the enemy was very strong, in whole force, within four miles of the bridge, which was fourteen miles from our main body. Witness said that he mentioned to Col. Cass, and they agreed, that, as they had not -he disposition of the whole force, tli^y should not take the responsibility they then left the bridge and re- turned to the encampment. Witness said that on the evening of the 8th of A-., just, C 107 ) he left Detroit, having been ordered with a detachment of 600 men to go to the river Raisin, for the purpose of es- corting some provisions which were under charge ofCapt. Brush that the first opposition he encountered was from a party of Indians, who fired upon his advanced guard near Maguaga that the detachment being in the woods lightened themselves by throwing off their knapsacks with their provi- sions, and then advanced upon the Indians, who retreated and were pursued two miles and a half that witness did not think it prudent to allow the men to raove from the line to lake up their knapsacks that the Indians reached their main force there and made a strong opposition, but were defeated. Witness could form an opinion of the strength of the enemy only from the length of our line, and he con- sidered the forces on each side nearly equal. He thought that by this operation, the communication with the river Raisin was completely opened. Witness sent a spy into Brownstown and understood by Captain Maxwell that the enemy had disappeared; he then returned to the field of battle to collect his dead and wounded, and encamped there for the nighu Captain Maxwell was sent out the ensuing morning, and brought two or three scalps on red painted poles left by the Indians* as evidence that he had been at Brownstown. Witness said that he detached Capt. Snel- ling to Gen. Hull, at Detroit, to inform him of the transac- tion, and that we had lost the greater part of our provi- sions ; and requesting him to send provisions with boats or waggons to carry back our wounded men ; and also with a further request for a reinforcement, if he could spare it, as the men were very much fatigued and many were wounded that Colonel M' Arthur came down the next day with 8 or boats, and brought (as witness thinks) 2 barrels of flour, one barrel of pork and apart of a barrel of whiskey -that the men were very hungry,and made, witness believes, only a breakfast of this supply that it was late in the day ( 108 ) when the wounded men were got into the boats the dis- tance then from the river Raisin was 16 or 18 miles, being about half way between Detroit and river Raisin that wit- ness thought he could not reach the river until late the next night, and, as the men were still complaining of want of provisions, that he could send to General Hull at Detroit for some, and also send Doctor Scott for two days provi- sions that the messenger did not return until a few min- utes before sunset the next morning, and then to witness's inquiries into the cause of the delay, answered that he had come by a back road and had lost his way. He brought to witness an order in writing from General Hull to return to Detroit, and said that he should find provisions on the way, at or near the river Ecorces this order witness obey- ed took up his line of march on the llth, and arrived at Detroit on the 12th that in the force under witness's command on that service there were about 28O regulars, the rest were volunteers from Michigan and Ohio. From their conduct on that occasion, witness thought he never saw better troops of the description ; they all behaved to his satisfaction except the cavalry the loss in the battle in killed and wounded, was 81 he thinks IT killed on the ground and 64 wounded reports stated 1O4 Indians and 30 whites of the enemy killed and wounded. Witness said that he was at Detroit on the 15th August, when General Brock sent the summons of surrender to General Hull. Col. Findley and the witness were direct- ed to attend at the general's quarters, when he shewed the summons and asked what was to be done ; they replied, not to surrender. The general sat down, penned an an- swer, and asked if it would do. Witness said that he was on that day, and had been for some time, very sick that during the cannonade General Hull was in the fort on the morning of th* 15th, and was informed that the enemy was approaching, and that some ( 109 ') of Captain Knagg's men, of the Michigan militia, had joia- ed them- that some time after this General Hull asked witness if he had not better sent a flag ; witness replied, he did not know, but that he had better consult the com- manding officer on the outside of the fort (witness being stationed in the fort w?th his regiment, and having com- mand of it) who had a better opportunity of ascertaining the number of the enemy ; that General Hull, in answer to this said there was no time for consultation and that he would send a flag : and he did so. That some time after this Colonel Findley's, troops came into the garrison. That Gen. Hull went out to a tent that was pitched in the southerly part of the fort and sent for witness, who went there, and as he approached saw the general standing with his back to the door witness heard him say to Col. McDonald or to Major Glegg " / will surrender." He then requested Col. Brush and witness to assist in drawing up some articles of capitulation ; that witness remained there, lying on the ground, having a violent fit of the ague, while Brush and M'Donald were penning the articles ; that the paper, now exhibited, is the paper he signed ; that at the time that it was read to him, it contained a provision that the troops should march out with the honours of war ; that after the articles of capitulation were drawn up, Col. M'Donald asked witness to sign them, which he declined to do, as it would have had the appearance of his having given his approbation to the measure, or of his having some agency in it j that Col. M'Donald replied, that it could not be so, as it was only a matter of form, and that witness, upon reflection, thinking so too, did sign them, then retired to his bed and knew nothing more. Witness said that he never saw a letter dated the 17th August, signed by General Hull, to the officer commanding at the Rapids, directing him to surrender to the British ; that it never had been submitted to him, nor did he ever dee it till then. Witness did not think that General Hull appeared much agitated on the 15th ; but that on the 16th, he did appear so. He [the General) was in the fort on the morning of the surrender, sometimes leaning, sometimes sitting, and at others standing ; witness cannot say whether the agitation proceeded from personal alarm, or from a consideration of the heavy responsibility in which he was involved : and he does not know whether at the time he formed any decided opinion on the subject. Witness says that General Hull after the surrender said to witness, that the enemy might perhaps take some advantage of that part of his proclama- tion which said that ** no man taken in arms by the side of an Indian, should be taken prisoner." Examined by the Court. Q. What was your opinion, while in Canada, as to the propriety of making an attack upon Maiden, either soon af- ter the army arrived in Canada, or afterwards ? Were you or were you not, satisfied, from the best information you had received, that an attack on Maiden would be at- tended with success ? A. I was always fully of opinion that we ought to have made an attack on Maiden within a few days after we ar- rived in Canada. I never had any doubt of the success of an attack at any time. Here an objection was made by the prisoner to the wit- ness's opinion being asked ; which the court agreed to consider. The question was then modified so as to read as follows : Q,. Did you express in council your opinion, while in Canada, as to the propriety of making an attack on Mai- den, either soon after the army arrived in Canada or af- terwards ? and what was that opinion, as to its propriety and probable success at hat time ? A. At the council which was called to decide the ques- tion whether we should attack Maiden immediately or wait for the artilery, I supported my opinion that we should not wait for the artillery, and suggested to General Hull that we should divide the army equally and send down one half in boats, or by a back road, to below the fort, and with the other half approach them from above, that the troops might make an united attack ; and I told the gen- eral that I would answer for my men, that they would at- tack the fort and not fall back in disorder. The general said that if the other commandants of regiments would an- swer for their men he would attack the fort. They said that they could not answer solely for their men, but had no doubts but that they would behave well. The general said he had no doubts as to the regulars, but that he had some as to the militia, who were inexperienced, against a fort. Q. What was the strength ef the 4th regiment fit for duty on the last of July or first of August, including the detachment of the first or, from the latter part of July to the 3d or 4th August ? A. I cannot say precisely about 30O, principally in good health ; the adjutant has some reports by him, I believe. Q. Were the men of the 4th regiment trained to the ex- ercise of the great guns ? and what was their force on the morning of the surrender ? A. They were pretty well trained, having been practised by Captain Truman at Fort Independence; there were about 250 or 260 effective for duty. Q. Was it suggested in any council that a position near Maiden would facilitate the communication to the river Raisin ? A. I think I suggested it several times. Q,. Was there any general order given for posting the troops in different situations for the defence of the fort and town of Detroit, on or before the 16th August, 1812 ? ( "2 ) A. I do not recollect any written order ; there was an arrangement made the evening before. Col. Brush was to defend the upper part of the town with his men. Col. Findley was to form rather northerly of the fort. The 4th regiment was to be stationed in the fort, and the residue at the baiteries. This arrangement was made by General Hull. Q. You stated that Maiden was to be attacked without waiting for cannon, as proposed by you in council, and that you gave a plan of attack ; were not both these opin- ions overruled by a majority in the council ? A. Yes : it was so proposed in council. My plan was not submitted to the council : the only question was, should M.ilden be attacked without waiting for cannon or other- wise. Adjourned to the next day. Day. Saturday, 12th February, 1814. The Court met pursuant to adjournment, all the members present. Colonel Miller cross-exammed by General Hull. Q. Was I not active in forwarding the march of the ar- my ? A. It is my opinion that General Hull hurried the troops in their march, after he joined, as much as prudence would dictate. Q Were not my personal exertions actively engaged ? A. I observed your personal exertions in the march from Urbana. Q. Did I not, during the march, pay as much attention to the discipline and to the reviewing of the troops as their situation would admit, from their labour and fatigue in opening the country ? A. At Urbana the troops were drilled part of an after- noon : from thence to Detroit there was no opportunity for disciplining them. The fatigue of cutting the road, with the march, was as much as they could endure. Q. Do you not recollect the troops being called out for drill and review at Urbana, but being prevented by a storm. A. I do not recollect. Q. Was there not an order of march generally known to the army. A, The order of march exhibited was that understood by me. I do not recollect whether it was to be followed by written order or not. The troops generally marched ac- cording to that order of march. Q. Was not your regiment to form in front in case of an attack ? A. That was my intention, but I do not know how the other regiments were to form. Q,. Was not the column to form by facing outwards, in case of an attack upon the right flank ? A. That was generally understood, but I do not recollect any order either verbal or written. General Hull conversed with me frequently on the subject ; and I think it was com- municated to the other officers also by conversation. Q. Was not this order of march similar to the one adopt- ed by General Wayne in passing through that country ? A. It was, I believe, as General Hull told me it was his intention to adopt the same order. I believe this was similar. Q. Did you not perceive me almost constantly in a situ- ation that I could, in case of an attack, make a disposition of the army ? A. During the greater part of the march General Hull rode near me I was in front he sometimes passed to the- rear. P ( "4 ) Q. Was not the paper (exhibited) the plan of encamp- ment for the army ? A. We usually encamped in the form of a hollow square, facing outwards the fires fifty yards without the lines of the squares. Q. Had we not generally a breastwork of logs without the lines of the square ? A. After we had advanced so far as to be apprehensive of an attack, breastworks wjre generally made at such a distance as to leave room for wheeling a platoon, 20 or 3O feet in front of the line of tents. Q. Incase of alarm was not the post of each regiment designated by orders, so as that each should form in order of battle in front of its huts ? A. Yes, it was generally understood. I believe there was a verbal order from General Hull to that effect. Q,. Was there not a signal by tap of drum given by my order and at my quarters, every morning before day, which signified that the troops were to turn out and form ? A. This was the general understanding, and acted upon accordingly. Q. Did I not use exertion and industry at Detroit to prepare the heavy and light field artillery ? A. I discovered no want of exertion in that respect. Q. After your battle at Maguaga, what reinforcement did you want, or suggest that you wanted ? A. I think I suggested 150 or 20O men, if they could be conveniently spared. Q. Were there no provisions to be had near the place where the battle was fought ? A. We found a number of Indians' hogs, green corn and potatoes. I know of no settlements nearer than the River Ecorces, or that of Detroit : nor of any flour or bread-stuffs. Q, Were not the 280 men you had with you the whole, or nearly the whole, of the effective men of the 4th regi- ment ? A. I had almost the whole effective force, except what was left with Captain Cook in detachment under Major Dennie, on the other side of the river, in Canada ; I do not recollect the number. When I speak of the 4th Regi- ment, 1 mean to include Stansberry's and M'Cabe's detach- ments. Q. Were there any British troops in the fort, before you had signed the capitulation at the tent ? A. Not to my knowledge* Q. Did you see any conduct of mine on the morning of the 16th which the fatigue I had undergone, and the re- sponsibility which was upon me, might not have produced? A. I dont know that I did. Q. Can you mention any act of mine on the 16th which you did ?t the time, or do now, impute to cowardice or personal fear, and if so, what? A. Yes ! such an immediate surrender I think was indi- cative of a want of courage. Q. Did you see me while I was in the fort in any place or situation unfit for a commanding officer ? A. The general was towards the easterly part of the fort I was there myself he sat down a considerable part of the time near the parapet this was during the cannonade* I considered it a safer part of the fort. Q. Was not my situation near the gate the most con- venient for receiving communications from without the fort? A. It was. Q. Did Colonels M'Arthur and Cass object to your plan of attack on Maiden, proposed in council ? A. I do not recollect. Q. Were you, in council, in favour of any other mode n f attack on Maiden than that you proposed ? A. I voted in council for an immediate attack. After having so voted, I proposed to the general my views of attack. I did not suppose General Hull to be bound by my opinion. Q. Do you recollect my written orders sent to you at Brownstown by Colonel M' Arthur; and that when Colo- nel M 'Arthur went with lOOmen, I would not divest you of the command, but said that if Colonel M^Arthur went with you he must go as a volunteer ; otherwise that he must return ? A. I recollect something of that kind. Q. Do you not recollect stating to me that you would not consent to be commanded by Colonels Findley, Cass, or M< Arthur, after I had received letters from the Secre- tary at War ? A. That I could not, and would not : as I considered that the Secretary at War had decided the question in my favour. Q. Did I nob state to you that Cblonels M l Arthur, Findley and Cass had commissions as full colonels, and that your commission was only that of lieutenant-colonel ? A. You did. Q. Please to state what you know of the mutiny at Ur- ban ', ? A. When the troops were to march from Urbana, I was requested by an express to send a company of the 4th Re- giment to compel some men of the Ohio volunteers to march. They had laid down their arms and refused to march. Q. Do you recollect my sending for you about the 7th August, in the evening, when about leaving Sandwich, and mentioning my intention of concentrating the forces at De- troit ; and also my intention to send you to open the com- munication with River Raisin, where the provisions were ? A. I recollect youLf ending for me and proposing the force I was to command. Q,. Do you not recollect my shewing you some lefci from Generals Hall and Porter on the Niagara frontier, stating that General Brock was advancing with a consider- able force ; and that it was a reason I assigned for re-cross- ing? A. I think that you shewed me at that time letters from General Porter and from some other general, perhaps Ge- neral Hall, and either stated the contents or read them j that this was about the time the main body re-crossed ; and that General Hull stated this as a reason for re-crossing. Q. Do you recollect at what time General M'Arthur left you ? A. General M'Arthur left me, I think, on the afternoon of the 10th August. The men were very much fatigued. Q. Was there not a severe storm of rain on the 9th, af- ter the action ; and were not your men much exposed to it ? A. The men were very much so, and fatigued. I had'a relapse of the ague the day after the battle. Q. Were you and your men in a situation to have pro- ceeded ? A. Neither myself nor men were in as good a situation as we had been in ; but we were able to proceed, and should have proceeded, if we had not been ordered back. Q. State at what time you received the order to return, and why you did not proceed on the llth ? A. Because I had no provisions. I have stated when I received the order. Q. Did you not draw provisions at Detroit ? A. We took two days' provisions, which served for the 9th and 10th. Re-examined by the Court. Q,. When General Hull informed you of his intention < 118 to concentrate his force at Detroit, a^you have mentioned, did he merely state his intention, or diahe ask your opinion on the measure ; and if he asked your opinion, what was it?, A. We conversed freely on the subject some days before the army moved, and I believe he asked my opinion. It was, not to re-cross ; bat, if he did, to leave one-half of the army on the Canada side. Q. At what time did you leave the fort to go to the tent ? at what time did you return ; and when did you see the British troops in possession of the fort ? A. I went out of the fort between 10 and 1 1 o'clock ; returned in about three-quarters of an hour ; and saw about 100 British troops near the gate on the outside. Q. When General Hull ordered you to the tent to as- sist in drawing up the articles of Capitulation, did he give you any directions to stipulate for the protection of such Canadians as had availed themselves of his proclamation. ? A. I do not know that he did. Q,. Did any essential injury result to the service from the rank of the field officers not being settled ; and did they not act at all times together when required so to do ? If not, state the cases. A. I do not recollect any movements being made when it was an impediment. General Cass and I went together most : sometimes he commanded ; at others I did. I was on good terms with all the colonels. I thought I ought to rank above them. Q. When you returned to the fort from the tent, had the American troops stacked or thrown down their arms : and was the fort at this time so crouded as not to admit of their acting with effect ? A. I think they had stacked their arms ; and the fort was so crouded that tl^ey could not all have acted together .-with effect. \ , Re-examined by General Hull. Q. Do you recollect that when I left you at the tent with the British officers, I told you I was willing to make the surrender the basis of a treaty, and that you must get the best terms you could ? A. I think you did. Q. Did I not state to you as a reason for sending a flag, that I wished, in obtaining a cessation of hostilities, togain time, in hopes of hearing from Colonels M'Arthur and Cass? A. I think you had a conversation with me on that sub- ject when the flag went out, and before we had any an- swer from the enemy. Captain James Dalliby was again called to be ex- amined by the Court, when General Hull made the follow- ing objection " I object to the examination of any witness after his testimony has been closed, and after he has been permit- ted to hear the examination of other witnesses." To consider which the Court was cleared. The Court after due deliberation overruled the objection. The Court being opened, Captain Dalliby was examined. Q. At what time did you receive directions from Gene- ral Hull (after the army arrived at Detroit) to make pre- parations for fixing ammunition, making or repairing the gun carriages, and, generally, any preparation either for at- tacking the enemy or for the defence of Detroit ? A. As I have before stated, no alterations of great con- sequence were made at Detroit for its defence after the 4th July. On the 6th July some artificers who came from Ohio went to work to mount some heavy cannon on trucks for the batteries on the banks of Detroit ; and some repairs were made to the gun carriages for the three brass six- pounders ; and a small quantity of ammunition was fixed ; but no order was issued, to my knowledge, to prepare thfc ( 120 ) heaVy ordnance until some time after the army went into Canada. I have not the order, but I think it was dated the 15th or 16th July. (The Court adjourned until Monday, 21st Feb.} 23d Day. Monday, 21st February, 1814. The Court met, pursuant to adjournment ; but General Dearborn and Colonels Fenwick and Bogardus being ab- sent, (the two former through indisposition) the Court thought proper to adjourn until Wednesday morning, at half-past 10 o'clock. . 24th Day. Wednesday, 23d Feb. 1814. The Court met pursuant to adjournment, when, all the members being present, excepting Colonel Bogardus, the Court was cleared for the purpose of discussing some ques- tions relative to the absence of that officer ; and was af- terwards adjourned till Monday the 28th inst. at half-past 10 o'clock. 25th Day. Monday, 28th Feb. 1814. The Court met pursuant to adjournment, when all the members were present, excepting Colonel Bogardus : in consequence of whose non-attendance the Court adjourned until to-morrow at 1 1 o'clock. 26th Day. Tuesday, 1st March, 1814. The Court jnet pursuant to adjournment, Colonel Bo- gardus, one of the members, being still absent General Hull, after consenting to the Court's proceeding without Colonel Bogardus, and that it should be at liberty to take such further order as it might think proper, entered upon his defence, and read several documents, for which see Appendix* Lieutenant Jonah Bacon, of the 4th Regiment U. S. Infantry* sworn. Lieutenant Bacon said that he was Quartermaster of the 4th Regiment, and joined it at Urbana on the 9th June that, after the march commenced, he had charge of the ammunition of the whole army that, so far as his expe- rience enabled him to judge, the march was conducted in the same manner as the march on the Wabash expedition was conducted, except that when encamped they were for- tified by felling trees in the form of a breastwork in a square, according to the state of the ground that, in two or ihree days after the march had commenced, orders were given that no fires should be made after sundown within the lines, but at a certain distance in front that Captain Mansfield had at first charge of the ammunition, but that that charge was delivered to witness after two or three days' march that, as soon as witness saw the cartridges, he thought them unfit for service, as the string was tied over the swell of the balls, so that they could not be pre- vented from filling out in seven instances out of eight- that at Solomon's Town, General Hull directed better car- tridges to be prepared, in which service men were employ- ed daily, as opportunity served that, when the first batta- lion of the 4th Regiment was ordered to cross the river, witness was encamped with them on the esplanade, and heard General Hull give frequent orders, after the army had crossed into Canada, to Captain Thorpe who had charge of the artificers ; that Colonel Miller had charge of the 4th Regiment at the same time ; that 20 men were de- tailed at Detroit for several days previous to the capitula- Q tion to make cartridges for the infantry at large ; that Cap- tain Dalliby had no charge of the musket cartridges at this time, that the witness has any knowledge of he did not interfere with the witness : that he does not recollect the quantity of cartridges made, but thinks about 106,000, and all under the direction of the witness, exclusive of those brought from Urbana and those at Detroit when the army arrived there ; that he does not recollect whether the men had worms to draw their cartridges or not, but many were drawn ; that they were fired off by the Ohio volunteers on their return from guard or detachment, as many were issued, almost as fast as they were made, on some days ; that witness reported this fact to General Hull ; that many of the covers of the cartouch boxes were insufficient to pro- tect the cartridges from the weather, and many were con- sequently damaged by it ; that witness was employed some- time on the 15th and 16th during the cannonade, in issuing fixed ammunition, in the place of Captain Dalliby, and de- livered some 24lb. cartridges several times ; ihat on the morning of the 16th, before day, witness informed Gene- ral Hull that the 24lb. cartridges were nearly expended ; that Mr. M l Comb and witness examined with a dark lan- tern, and could find no more packed in the same kind of boxes ; that there was much confusion j that General Hull gave witness directions to go to Captain Dyson and tell him not to fire the 24lb. cartridges, unless he was pretty sure of their taking effect and annoying the enemy's batte- ries, as those cartridges were nearly expended. (Here Col. James Miller was again called and examined by Gen. Hull.) Q. Did not Colonel Brush come up to the fort on the morning of the 16th, about the time I was informed that Knagg's men had joined the enemy; and what did he say about the militia he commanded ? A. After the flag had been sent out, and before any an- ( 123 ) swer had been returned to it, i recollect that Colonel Brush came to the fort and mentioned, or rather exclaimed, that by G d, he believed his men would have run away to a man. Q. Do you recollect at any time during the campaign, and before the 15th and 16th, any particular habit I had of chewing tobacco ? A. I had very frequently seen it, and observed that you had a habit, when apparently engaged, of having tobacco in front of your mouth, and turning it about with your fingers ; alternately exchanging the quid from the fingers to the mouth. Q. Did you not observe this on the 15th and 16th ? A. I did on the 16th; I do not recollect particularly on the 15th. Q. Did there appear to be any more of this habit on the 16th than you usually observed ? A. There was, but it might have been owing to want of rest and to fatigue. (The Court adjourned until to-morrow at half-past 10 o'clock, A. M.) 27th Day. Wednesday, Zd March, 1814. The Court met pursuant to adjournment, all the members being present excepting Colonel Bogardus. Lieutenant Bacon's examination was continued. He stated, that he frequently took powder from the ma- gazine to fill cartridges, and that, three or four days before the surrender, he was directed by General Hull to accom- pany Captain Dyson and ascertain what quantity of pow- der there was in the magazine ; which he did, and they found 42 casks of from 107 to 112lbs. which was reported ( 124 ) to the general. He cannot say what quantity of musket caru: ;e was, as Captains Dyson, Whistler and huubt .^,a>u t.hcm. Witness saw General Hull on the I5tn and 16th August there were some planks and boards lying' between the guard house and the gate of the fort, but. witness cannot say whether any of them formed a seat or not ; he thinks he saw General Hull sitting on them, to- gether with some officers, Doctor Cunningham and his lady, on the morning of the 16th, during the cannonade. Wit- ness saw General Hull once on the 15th on the parapet, and once on the 16th; he saw him also in different parts of the fort during the cannonade. General Hull appeared engaged as usual, and agitated more than usual, on the morning of the loth, but witness does not know the cause he had no suspicion that it proceeded from personal fear ; neither did he hear any officers at the time express an opinion that it did. Witness says that, after the shot from the enemy d)o any execution, most of the officers were on the side next the enemy's battery they had nothing to do elsewhere. Witness said that, as to the subordination and discipline of the Ohio militia, they were militia without either some were frequently disorderly and that, one evening at Ur- bana there was a noise, when he (witness) ran out to en- quire the cause, and saw some men of his regiment, who said it was only some of the Ohio militia riding one of their officers on a rail. Lieutenant Bacon was cross-examine*! by the Judge Ad- vocate, and staled, that the Ohiomiliti i had been just call- ed into the field, and were as well disciplined as militia generally are ; that he never was in any engagement with tht m during the campaign ; that he does not recollect see- in .; more than 30 or 4O of them, who at one time, refused to cross into Canada with the army ; and that he thinks he saw at another time 10O; that, when the troops left Ur- bana, Captain Hull, as aid-de-camp, informed Colonel ( 125 ) Miller that there was another mutiny among the Ohio mi- litia ; and gave him an order from General Hull to keep back hia .vgmv nt (the 4th) to suppress it ; that the gene- ral soon alter rode up to the head of the column and di- rected Colonel Miller to march in, saying, with some em- phasis, il By G d, Sir, your regiment is a powerful argument. Without it I could not march these vo- lunteers to Detroit ;" that Captain Mansfield's, Cap- tain Brown's companies, and some others, were under better discipline than the rest ; that the feeling and disposition of the men were generally very good ; that they seemed to be actuated by an enthusiasm highly creditable, and what witness said respecting their want of discipline and subordination, he attributes to no other cause than want of experience. Witness in answer to the cross-ex- amination then slated, that the cannonade began about 4 o'clock in the afternoon; that they continued to throw shells till between 9 and 10 o'clock at night, during which time witness was in the fort and saw General Hull on the parapet, but does not know how long he remained there ; that he was saying something about the field pieces that were getting up ; that this was after the firing had ceased ; that the fire of the enemy was principally directed at the bat- tery, which was upwards of 200 yards from the fort one shell came into the fort ; that the cannonading re-commen- ced abou, day-break on the 16th, and wounded a man; that witness saw General Hull on the parapet, looking to- wards the enemy ; and thinks there was firing at the fort before the American battery ceased firing. Cross-examined by the Court. Witness says it was early in the morning that General Hull was ou the parapet, and before the shot killed Lieu- tenant Hacoks; that General Hull ordered him (the wit- ness) to have the tap of the drum beaten at day-break, to turn out the men to man the works, which was done ; that there was some fixed ammunition for the cannon in the fort besides what was reported, but he cannot say how much it was under charge of Lieutenant Dalliby ; that the men were taken off from making cartridges, to march to Browns- town under Colonel Miller. Q. (By Gen. Hull.) Was I not during the cannonade on the 15th and 16th, the principal part of the time, out of the fort, at the batteries and with the troops ? A. I cannot say. Q. (By the Court.) At the time you saw General Hull at the parapet of the fort, did you observe any of the ene- my's shot to come near the fort ? A. I think not. Here General Hull wished to put a question, relative to Major Snelling's testimony as to the British force coming against Detroit, which, after some discussion, was waved. General Peter B. Porter srvorn. General Porter stated that, about the last of March or beginning of April, 1812, he was at the office of the Secre- tary at War with General Hull, after he had been appoint- ed a Brigadier-General, and about the time he was to march to Detroit; that he was frequently with the heads of de- partments, and had conversations as to the operations of the army, in case war should be declared, which was in contemplation. General Porter was then examined by General Hull. Q. Do you recollect whether I recommended that a navy should be formed on the lakes, to have a superiority over the British in case of war ? A. I do. Q. Did I state what that force should be, under those circumstances, and what number of men it should consist of? A. I recollect being at the war office, but not precisely the force proposed. The British force was stated. I .hink the naval force which General Hull said should be constructed vras a sloop of war of twenty guns, and that the brig Adams, a merchant vessel, which was then on the ways for repairs, should be taken into the service the Secretary of the Navy proposed writing to Captain Stew- art at Philadelphia to repair to Washington to concert mea- sures. Q. Was not a navy-agent appointed at that time for Lake Erie ? . A. There was I was twice at the President's with Gen. Hull, when the subject of a navy was talked over : at first it was agreed to have one, but afterwards it was agreed to abandon it, doubtless as inexpedient : the brig Adams was transferred by the Secretary at War to the Secretary of the Navy. v Q. Did I not go twice with you to the President's, to urge the expediency of a naval force on Lake Erie, in case of war? A. I understood so. Q. Did I not state to the Secretary at War that 300O men would be necessary ? A. General Hull talked of provisions and the mode of supplying them, and then proposed 3000 men ; the Secre- tary replied that there would not be so many ; perhaps 200O. Q. Please to mention what was said and done with regard to provisions. A. I wished my brother, the contractor, to have some official notice of the necessary supplies for the army, that they might be prepared; and requested the Secretary to transmit some written requisition to that effect ; this the Secretary declined, saying he would not. Upon this I was somewhat surprised and vexed, and retired, determining ( 128 ) la write to my brother, which I did. I left Washington on my way home, and at New- York heard from my broth- er, and wrote to th; Secretary at War, who, inconsequence of my expostulating with him, sent on a written requisition. In consequence of adverse winds the principal part of the provisions did not reach Detroit until after the war was de- clared. Captain Thomson Maxwell sworn. This witness stated that he joined the North-Western army as a guide and conductor of spies, at Stanton on the Miami ; that he is well acquain ed with the country from thence towards Detroit, about 150 miles of which route is a complete wilderness ; there never had been a road cut through it it was a swamp. He said, '* I served five years in the French war as a private, some years as a non- comuiissioned officer ; six years as an ensign and lieutenant in the Revolutionary war, and afterwards under General Wilkinson ; and have been in 23 battles in the three wars. I saw General Hull on the 15th August, and after the can- nonade commenced from our battery at Detroit : not hav- ing any thing to do, I went to the battery commanded by Captain Anderson, to see what effect our balls had upon the enemy. I saw General Hull riding on horseback, and cast my eye upon his countenance ; his voice appeared cool and collected ; I saw him ride off. This was towards even- ing, when the batteries were opened on both sides. I saw nothing like agitation. reason for looking particularly at the general's countenance was, because there wa- a cla- mour that he was intimidated." " General Hull conducted the army from Urbana with as much regularity and caution as 1 have ever seen practised." " I have lived thirteen years in Ohio, and have been engaged every year in droving cattle and hogs from thence to Detroit market; from 100O to 1500 hogs annually, from 150 to SOOlbs. weight each (on a rough calculation;) and from 150 to 20O head of cattle they were generally driven through the woods with- out any road." " I am at present 72 years of age, and am n forage-master in General Wilkinson's army." The following documents were then read : 1. Interrogatories to, and answers from, Dr. Eustace, fate Secretary at War. 2. Letter from Gen. Hull, from Detroit, dated 9th August, 1812. 3. Letter from do. to Gov. Meigs, dated llth July, 1812. 4. Letter from do. to Col. Wells, dated llth August, 1812. 5. Letter from do. to Gov. Meigs, dated llth August, 1812. 6. Letter to Capt. Brush, dated 6th August, 1812. 7. Letter to Gen. Hull, from Col. Anderson, command- ing the militia at River Raisin, dated 4th August, 1812, received the 12th of the same month. 8. Letter from Gen. Hull, to the Secretary at War j dated 8th August, 1812, Captain Maxwell, again called by Gen. Hull. Said that he saw General Hull for the first time at Tren- ton, on the 26th Dec. 1 776, and at Princeton on the 2d Jan. 1777; believes he was a major and saw him again, after the army had been driven from Ticonderoga, and. while at Beemer-heights, on the 19th Sept. 1777 he was then in action : he saw him again on the 7th Oct. when the enemy were driven. Witness was then in Colonel Hall's regiment from New-Hampshire. Witness never heard his (General Hull's) character impeached during his ^fe (meaning during the Revolutionary War.) R ( 130 ) Lieutenant Lewis Peckham, of the 4-th Regiment U.S. Infantry, was called and sworn. Lieutenant Peckham said that he was in the fort of De- troit on the 16th August, 1812, and recollects speaking to Colonel Miller, who was within a few feet of General Hull, but does not recollect Speaking to the general ; that he told Colonel Miller he thought it would be well to spike the guns of the batteries which were silenced, lest they should be turned againsT the Fort of Detroit ; that he re- collects General Hull saying, " are they coming ?" but does not know General Hull was informed that the enemy were coming. (The Court adjourned, until to-morrow at 10 o'clock.) '2&th Day. Thursday, 3d March, 1814. The Court met pursuant to adjournment, all the members being present, Colonel Bogardus excepted. Lieutenant Peckham was again called, and said, rt I saw General Hull frequently at Detroit, on the 15th and 16th August; and on the 16th, during the cannonade, he appear- ed to me to be much agitated ; and the impression made upon my mind was, that he was under the influence of personal fear. He gave no orders, to my knowledge. Major Jeremiah Munson called and sworn. Major Munson, in reply to several questions put to him by General Hull, said, " 1 was present at a council of war held at Sandwich General Hull read from a paper he held what were considered as his views of the course proper to be pursued at that time ; the general remarked considera- bly on the fall of Mackana, and on his not having received any information on the subject of co-operation from below ; C 131 ) there was a fortress erecting at Sandwich, I believe for the protection of the inhabitants. The leading features of the proposition committed to writing by General Hull, and made by him to the council, were, I believe, to re-cross the river with the main body of the army to erect a for tress at Brownstown to open the communication with Ohio and wait for reinforcements. I recollect that the council were unanimous, with the exception of one or two, or perhaps more, in not adopting the general's proposition. General Hull stated that in his opinion Fort Maiden was equal in strength to Stoney Point, when taken by General Wayne ; that he had no heavy artillery mounted at that time; and that his opinion was, that it might be attacked in the same way, that is, at the point of the bayonet ; and appealed to the officers for their confidence in the troops for such an enterprize. My own opinion was, that the troops were not generally calculated for that kind of ser- vice. I do not recollect the opinion of the other officers, excepting Major Tremble, who had confidence in the troops under Colonel M'Arthur, and expressed himself accordingly. The result of the council was, that thev should wait several days for heavy cannon to be mounted andjplaced on floating batteries scouring the river open- ing the communication by land, and trying the strength of the enemy's works. General Hull accompanied his propo- sitions with the promise to lead them on to the attack, if they had confidence in their troops." Q. (By General Hull.) Did you not see me on the ISth and 16th ; and did you observe me in such situations as could not be accounted for otherwise than by personal fear ? A. The general's situation was a critical one. He had a great deal of responsibility, and great care on his mind if he had any feelings. I saw nothing in his conduct but what might be accounted for without recurring to personal fear. Examined by the Court. " I was present at the time when Captain Dalliby re- quested leave of General Hull to fire on the enemy. The general replied, " Those who live in glass houses should not throw stones first;" alluding to the general's situation. I heard something said about, " If the enemy would let me alone, I would let them alone" Q. Did you see General Hull during the attack on the fort, about the time the officers were killed? A. I went into the fort, about 15 minutes after Doctor Reynolds was wounded. I saw General Hull at that time, as I before stated. Q. When you speak of General Hull's situation, do you allude to what passed during the attack on the fort, or afte r the firing had ceased? A. I did not see General Hull until after the cannonade had ceased. Lieutenant Bacon again called, and examined by Gen. Hull. Said that on the 8th August he drew two days' provisions in advance for the detachment under Colonel Miller ; and that he drew provisions for detachments of the 4th Regi- ment, by orders, sometimes general, sometimes from the colonel those orders were sometimes accompanied by di- rections to have them cooked. Colonel Kingsbury's Affidavit was taken by consent, and read. (See Documents.) Captain Samuel Dyson, 1st Artillery , sworn. Captain Samuel Dyson said, I think General Hull gave orders, three or four days after his arrival at Detroit, to put in order, repair, and mount the heavy artillery, and that he made use of all the means in his power that cir- cumstances admitted of several artificers who did not be- long te the army were employed in this work. 1 had charge, myself, of those things. In the short time al- lowed every thing was done that could be done. Some of the embrazures might have been repaired. I crossed the river with the army and in five or six days returned and took the direction of repairing guns, made a gin and the rope for a fall. I do not think more could have been done without more hands. The carriages (for howitzers) were broke in an experiment; they had been returned unfit for service a year before we had to make new ones. Two bridges over Turkey-Creek and River Aux Canards were taken away by the enemy the rivers could not be passed. The road from Turkey-Creek to River Aux Canards was so marshy that cannon could not be transported by land. I was at a council of war held at Sandwich in August. I commanded the batteries on the 15th and 16th, and recol- lect seeing General Hull pass my battery on the 16th, on horseback, before day : I perceived nothing unusual in his voice this was before the cannonade. I was directed -on the morning of the 16th not to fire so fast, but no reason was assigned. Our firing seemed to have very little ef- fect ; their ground was higher than ours. I believe we dis- mounted one of their pieces. Cross-examined by the Judge Advocate. Witness says that the expression, " / am willing to obey any order" was made use of at the time an application was made by Major Jessup to General Hull for a 24 pounder to take to Spring Wells. General Hull asked witness if it could be taken down ; he replied, it is doubtful, but " lam willing to obey any order." Witness says that the en.emy ? s batteries had very little effect on the American ; that there were 200 rounds each for the two 24 pounders, which were intended to be taken to Maiden ; that 7 or 8 waggons were loaded with ball and ammunition at the time of the surren- der ; that at the time the enemy were erecting their batte- ries, they were not disturbed ; that one of those batteries was a mortar battery, and was built under cover of a wooden house ; that he, witness, was in command at Detroit from 1805 to 1808 ; that a great namber of cattle and hogs were driven thither from Ohio ; that the contractors got the principal part of their pork by that means ; that the inhabi- tants could buy cheaper than they could raise them, and there was not enough raised to subsist the inhabitants ; that the Canadian people were not industrious in cultiva- ting their farms ; that the enemy might have been prevent- ed from working at their batteries in the day time ; that he supposes the ammunition would have lasted for two or three days, constant firing ; that there were 56 barrels of powder and plenty of ball, which were taken by order of General Brock ; that he, witness, did not see Lieutenant Bacon on the 16th, and he received no order from General Hull not to fire unless with eifect ; that he cannot say what number of 24lb. cartridges there were ; there were fifty rounds for each gun, of 9lb. and 12lb. of canister shot ; that he does not know whether the 24lb. cartridges were taken from the waggons ; that he thinks there were 10O rounds of 24lb. cartridges ; that the boxes of ammunition which were in the waggons were not touched ; that the ammunition used at the batteries was taken from a brick store, where it was put, and from thence taken away as the service required. Willis Silliman -was sworn. Witness says that he lives in the same township with General Cass, (Zanesville, in Ohio) and corresponded with General Cass during the campaign ; that he gave the first intelligence to Mrs. Cass of the fate of the U. S. army, and could not get the letter from her ; that he is brother- in-law to General Cass by marriage with his sister j that C 135 ) he has lost the letters from General Cass to him (the wit- ness ;) that one of them, the last, dated (he believes) the 12th August, 1812, says, " Our situation is become criti- cal. If things get worse, you will have a letter from me giving you a particular statement of this business as bad as you may think of our situation, it is still worse than you believe I cannot descend into particulars, for fear this should fall into the hands of the enemy." Witness says that he had another letter, he thinks of the 3d August, saying, *' I wish you to exert your individual exertions to hasten the march of the troops from your parts." (Ohio) " Men are (or will) become necessary for (general or) of- fensive operations (witness does not know which term) Provisions are (or will become) necessary for their exist- ence," (or that of the troops j) that in some letters from General Cass to witness, he said " Is there nothing to be done on the lakes to make a diversion in our favour ?" In the same, or another, he says, " I can scarcely conceive the impression made by the fall of Mackana." Peter Mills duly sworn. Says, that he is from Zanesville, in the state of Ohio ; that he heard some of the letters from General Cass to Mr. Silliman read ; and that they confirm the statement made by Mr. Silliman to the court, Daniel Conyers, of Zanesville, sworn. Confirms in part the statement of Mr. Mills. Willis Silliman again examined. Says that he received a letter from General Cass, from Urbana, dated about the time General Hull took command of the army, which letter witness was directed to burn. It stated" General Hull has taken command of the army ; (136 ) and I am sorry to say to you, that, instead of having an able energetic commander, we have a weak old man." Col. Samuel Lamed, of the 9th Regiment U.S. Infantry \ sworn. Colonel Lamed said, ' I was acquainted with General Hull during the Revolution, and never heard of any thing which placed him beneath any officer. His character was good. ("Adjourned until to-morrow at 1O o'clock*} 29th Day. Friday, 4th March, 1814. The Court met pursuant to adjournment all the member* present, excepting Colonel Bogardus. General Hull read a letter, dated Fort William, on Lake Superior, 19th July, 1812, from K. M'Kenzie, to Duncan M'Intosh, agent to the North- Western Company. (See \ppendix.) Gen. William North called and sworn. Gen. North said that he was Captain and Inspector- General to the army of the U. S. and aid to Baron Steu- ben, and afterwards Inspector to the same army ; that Gen. Hull's character in the army was that of an active intelli- gent officer ; that the witness's situation in the army gave him an opportunity of knowing all the officers ; and that General Hull always did his duty. Col. fiobert Troup was sworn. Said that he was a Lieutenant in one of the New- York ( 137 ) regiments, having entered the army as such, and served during the campaign of 1776 j that in 1777 he was one of Gen. Gates's family, as aid, with the rank of Major ; and was with that general when he took command of the North- Western army ; that soon after this he became acquainted with General Hull, then Major in a Massachusetts regi- ment commanded by Lieutenant-Colonel Brooks ; that an intimacy soon grew up between General Hull and the offi- cers of General Gates's family } that it was considered that General Hull's conduct during the campaign was that of a brave, active and intelligent officer ; and he was always re- ceived by the commander in chief accordingly ; that his conduct in the action of the 19th September was consider- ed at head-quarters as being very gallant ; and that no offi- cer was more respected or more esteemed at that time than. General Hull. General Hull then proceeded to read other documents and evidence, viz. Affidavit of Gen. Heath, of Massachusetts, dated 2Oth Dec. 1813. Letter to the Court from Francis Tuffts (dated Boston, Feb, 3, 1814) formerly an adjutant in the army of the U. S. in the Revolutionary War. Another letter, dated 31st Jan. 1814, from Capt. Abra- ham Childs, who had been under the command of General Hull in the Revolution. A Letter from Adjutant-General Brooks, of the Revo- lutionary army, dated Feb. 4, 1814. A Letter dated 20th Feb. 1813, from Henry Sewall, General in Massachusetts, who also served in the Revolu- tionary War. A Letter dated 15th Feb. 1813, from Col. Peters, ad- dressed to Brig. Gen. Hampton, President of the Court-- Martial. ( 138 j A Letter from Major Barmister, dated 17th Feb. from Brook field, to the same. A Letter to the Court, from Col. M'Crackan, dated 17th Feb. 1814. A Letter from Lieutenant- Colonel Huntingdon, Adju- tant-General in Connecticut. Deposition of Col. Elijah Sandford, dated New- Haven, January, 31, 1814. Deposition of Col. Samuel Hubbell, of Bridgeport, dated 20th January, 1814. Lieutenant Lemuel C lift called by Gen. Hull and sworn. Said that he was in the whole of the Revolutionary war, and was acquainted with General Hull, who always sus- tained the character of a good officer, and one of the best from the state he belonged to. Gen. James Taylor^ of Ohhj called on the part of the U.S* and srvorn.. General Taylor stated," I was Quarter-Master-Genera! to the North-Western army, appointed by Gov. Meigs, . and confirmed by General Hull and the Secretary at War- I was one of Gen. HulPs council, and recollect that the im- pression made on my mind, as well as upon others to whom the letter from the Secretary at War, dated 18th June, 1812, was shewn, was, that war was inevitable, and that it was substantially though not formally declared. I was present when General Hull conversed with Captain Chapin, vvho commanded the vessel which was sent from the Ra- pids to Detroit ; Chapin talked about dining with the Brit- ish officers, and asked an exorbitant price for his boat ; I told General Hull (whom I called out) that I suspected the vessel was sent there to entrap them, and advised that she should not be employed, but that ihe effects should be sent by waggons ; General Hull, however, looked to the ex- C 139 ) and said he did not know much of Chapin, but he knew him to be an American and believed him honest. Ch.ipin reduced his price from 150, to 60 dolars, and was employed. I did not send my own baggage, but sent the stores of the department by order ; I had some conversz^ tion with a Major Whipple, and others, and being in- formed that the vessel need not go up on the Maiden side, I was induced to believe that the danger was not so great as I had supposed ; but after the baggage was put on board and the army had marched, I learned that the vessel must go under the walls of Maiden ; and, considering that she had on board uniforms and other military stores, I then entertained no doubt but she would be detained, and ex- pressed my opinion fully, but not in the presence of Gene- ral Hull." Witness said that he did not believe that much was done towards preparing cannon and ammunition, until after Col. Miller's return from Canada, that was, about the 25th July ; that, from the best information he could obtain, there were at Maiden from 9O to 120 regulars, about 500 militia, and from 500 to GOO Indians, und that the militia were continually diminishing, about 350 of whom came and took protection from General Hull under his procla- mation ; that he was informed and believed that the In- dians became timid and were skulking about ; that there were several councils held, in which there were few exceptions to the general opinion of the officers, that the army should be marched against Maiden ; that he dis- tinctly recollects that Colonel Miller said he would answer for his men (the 4th) that Colonel Findley had some doubts as to his j (militia) that Colonel M* Arthur said he had no doubts ; he did not like much to boast of himself or of his men, but would have no objections to trying them; Colo- nel Cass's reply witness did not recollect. (These opinions irere given on the question whether Maiden should be at- t 140 ; tacked without -waiting for the heavy artillery, and in ao- swer co General Hull's inquiries whether the officers com~ man ling corps could depend upon their men in such an at- tack.) That at that time witness was ver unwell, but, be- ing at Detroit for the benefit of his health, went ever) 7 day in performance of his duty as quarter-master-general, and heard General Hull express his anxiety to haver the heavy cannon prepared as fast as possible ; that Captain Stack, a good officer, was employed by order of General Hull ; that witness was authorized by Government to provide means adequate to the supply and transportation of the army, and had liberty to draw, and never met with any demur to the payment of his bills. Witness said that the order to retreat from Canada ex- citfd very general and almost universal disapprobation among the troops ; that after the orders were issued to re- treat from Canada, the officers, and witness in particular, expostulated with General Hull, and strongly urged him not to retreat, observing that the nature of his proclama- tion offering protection to the inhabitants, was such as would materially injure any other army which might come, if those inhabitants who had come in under that proclamation should be deserted ; stating that the Indians could not col- lect such force as he apprehended, from the want of provi- sions necessary for their march through the woods ; and finally urging him to suspend the execution of his order until the next day, that means might be taken to remove the waggons and other public property from Canada ; the General, however, persisted in his determination, stating that, from the best information he could collect, there Wrre from 5000 to 7000 Indians and 200O Engages of the North- Western Company, who would probably come down from the north. He never produced or mentioned any th^ng of M'Kenzie's letter to M'Intosh at any of the coun- cils. He stated that the enemy would come up from For* George, which witness did not then believe would be the case, although they since have brought their forces from that quarter. General Hull read the letter he received from General Porter, after the army had re-crossed to Mi- chigan. After the flag was hoisted, and before the capitu- lation, the witness saw the Michigan militia drawn up in line, and, as far as he could learn, the men were dissatisfied and disgusted at tlie idea of a surrender. Witness says that he saw the British officers come to the fort at Detroit he was then at the gate ; that General Hull was about taking them into the fort, but was advised not to do so, and then directed them to his marquee : that Gen. Hull sent witness for Colonel Findley, whom and witness he wished to act as commissioners, and to draw up tfie terms of capitulation ; they both replied that they did not agree with him as to the necessity for it, and therefore could not act ; and the general expressed his sorrow that they did not join him in opinion as to the only measure that could be adopted. Witness says that he was present when General Hull re- ceived information that the Indians had passed over from Brownstown to Maiden, when he expressed great regtet, and was apparently much agitated. He says that he was also present when information reached General Hull that Colonels Cass and Miller had taken the bridge at River Aux Canards ; that the General was very much displeased and irritated at their conduct, and said he was surprised that gentlemen would attack the enemy at that time, when he had not his heavy artillery ready, and that he only sent them down for observation ; and that it was at the urgent solicitation of the witness and General Findley that he con- sented that they might retain the bridge, and at their own responsibility. Witness also says that about the 9th of August he pro- posed to General Hull to allow him (the witness) to apply ( 142 ) to Governor Scott for the. Kentucky quota of the 100,000 miliiia ordered by the General Government ; st.aing as his reasons for making tlie application, that, it the force Gene- ral Hull expected should arrive, he would still want men ; and that Governor Scott was a revolutionary officer, and would not be afraid to take upon himself the responsibility ; and would, (witness thought) send them ; that General Hull in reply said, that when the troops he had sent for should arrive from Kentucky and Ohio, he would have men enough ; and he declined making the application ; that ther, witness stated to Gen. Hull, as an additional argument to induce him to send for the Kentucky quota of militia, that they would enable him to re-occupy Canada, keep open the communication with Ohio, and resist the force that might come against him from above and below. Witness also says that he saw General Hull several times on the 15th and 16th August, and cannot say that the general's appearance made any impression on his mind on the 15th, as indicative of personal fear ; that when wit- ness saw him early in the morning of the 16th, he appear- ed pensive and very low-toned : he did nothing to cheer the men or keep up their spirits : his countenance was dull, and his whole conduct made an impression on the mind of the witness that he was not as firm as he ought to have been; his position was very near the gate and towards that part of the fort least exposed : that General Hull sent an order to Colonel Findley to move from the upper to the lower side of the fort, without giving any directions where the troops were to station themselves, or how they were to act ; that while witness was with him, the general was informed that the British were preparing to cros , and he gave no order that they should be met; that witness saw the tobacco-spittle which was rubbed over his face ; and that he thinks General Hull was under the influence of personal fear witness thinks that the force under Colonel Bush consisted of about 300 men. Cross-examined by Gen. Hull. Q. Did I not give you an order on the 14th August to furnish pack-horses and provisions to the detachments un der Colonels Cass and vi'Arthur? A. You did, and it was done. Q. Do you know whether the provisions were furnish- ed: and, as Quarter- Master- General, did you not consider it your duty to provide transportation for baggage, with- out any farther special order from me ? A. I thought it was my duty. Q. Did you not advise employing Chapin's vessel to take the baggage from the Rapids ? A. The first intimation I had of sending the baggage was from General Hull, who desired me to make a contract with Chapin upon the most reasonable terms possible ; and if he would take a reasonable price to employ him, and not otherwise. Q. Who informed you that the vessel could not go on the American side ? A. I think I understood so from Chapin. Q,. Had you not authority to supply provisions, among other things ? A. I had not ; only those articles within my department, Q. Did I not tell you to take charge of the property at Fort Hope, under cover of the cannon ? A. You did. Q. Did I not tell you that Col. Anderson had informed me by letter that a large body of Indians was expected from he Mississippi and the westward ? A. I think you did. Q. You say that the British were in the habit of detain- ing vessels : did your apprehensions on sending the vessel arise from that circumstance, or from an impression that the declaration of war had been actuajly received by the British governor ? [ 144 J A. My apprehensions were grounded, not so much up* oh the knowledge of the war by the British, as upon the circumstances 1 mentioned ; that, as she had cloching and warlike stores, they would detain her under the expecta- tion of war. Q. Did you see any thing exceptionable in my situation on the morning of the 16th in the fort ? A. I did not. ("Adjourned to the next day.} 20th Day. Saturday, 5th March, 1814. The Court met pursuant to adjournment, all the mem- bers being present, including Col. Bogardus ; who appear- ed and stated that he had been prevented from attending the Court by indisposition. By consent of Gen. Hull the minutes of the Court were read to him, and it was ordered that he should be again admitted to his seat. Col. Richard Platt, called on the part of General Hull, ruas sworn. Q. Were you in the Revolutionary army ; and what rank did you hold ? A. I was in it from the beginning to the end. I com- manded a company in 1775, and was Brigade-Major to General M'Dougal in 1776; and subsequently Deputy Adjutant-General and Deputy Quarter- Master-General to the main army of the United States under General Wash- ington. Q,. Were you acquainted with me ? Do you recollect my commanding in the lines ? A. I knew General Hull perfectly well when Captain un- der Colonel Webb, and io General M'DougaTs brigade. In 1777 I knew him as a Major his character stood in cardinal points ; intelligent, brave, active, and enterprizing. I knew him afterwards as Lieutenant-Colonel. He was in 1 778 selected by me to command on the lines, when the service required a man of the first talents : he conducted himself highly to the satisfaction of the general and of eve- ry one. He remained until the enemy came with a large force and he was ordered to retire. Lieutenant Aaron William Forbush, 1st Artille nj, called by General Hn //, x-tvorn. Q. Were you in thp vessel that went from the Rapids to Detroit ? A. I went in the vessel from the Rapids on the 1st of July. Q. Did you know of any directions being given by me ? A. On the morning of the 1st of July, Doctor Edwards, principal surgeon, was directed to take the chief part of the hospital stores, and as many of the men most sick as the vessel could carry. I was, a short time afterwards, in Genera)* Hull's tent with Dr. Edwards Captain Chapin was there ; General Hull recommended him to go by the American, (or western) channel. Captain Chapin did not conside; that there was any danger there was no positive order. Captain Chapin told the general that the (western) channel was very difficult ; that the wind was fair, and as he had been at Maiden the day before, he did not apprehend any danger of capture. The Hunter and Charlotte were in the channel ; the Hunter got under way ; when we got to the points, I asked the captain why he did not take the Detroit side. He said that the wind was fair, it blow fresh, and there was no order. There was no apprehension of danger from capture entertained either by myself or by any other person on board. I, for myself, did not think there could be any, as I had heard a few davs before of tTir arrival of T (146 ) an express from Washington in eight days ; and I thought that the general would not have sent us, if he had known that war was declared. Cross-examined by the Judge Advocate. Q. What capacity were you in ? A. I was then Serjeant in the 4th Regiment of Infantry, and had charge of the sick and of the hospital stores. Q. Did the enemy permit you to go about the works at Maiden ? A. They did ; I was little restrained. Q. Could you ascertain their force ? A. I took every opportunity 1 could of counting them. The regulars when I arrived were from 80 to 1OO from 250 to 300 militia, including those in the boats ; perhaps 300 to 350 Indians ; but it was difficult to ascertain this with any precision. Q. What number of troops arrived at Maiden ? A. There were in the Hunter 30 regulars, and in the Lady Prevoost from 30 to 40 regulars; this was about the 20th July ; and after the battle of Brownstown there were about 300 in red coats from York. From the 20th to the 30th July many of the militia went to their farms and re- turned, making as many as before, exclusive of those in red coats say 900 were the whole force at Maiden. At the time of the battle of Brownstown there were only a Serjeant and 12 men in the fort. Q. How many crossed to the battle of Brownstown ':' A. About 740, regulars, militia and Indians, exclusive- of the Brownstown Indians. Q. Were you at Maiden when Colonels Cass and Mil- ler took the bridge at Aux Canards , and what troops were there then ? A. I was. The troops were mostly moved out of the town there was a good deal of confusion in the town. moving effects. The Queen Charlotte came to the wharf and took in the baggage and women ; she afterwards had her topsails loose, ready to sail. Q. What number of vessels was there when you were there ? A. The Hunter and the Queen Charlotte ; and the Lady Prevoost, which was launched ten or fifteen days after I arrived there. Q. What was the state of the troops ? A. In general they were fit for dufv, and in good health. Q. (By Gen. Hull.) What number of Indian warriors did you ever count on any one day ? A. The greatest number was about 600; on the 15th Au- gust : they were passing up, some on horseback, some on foot. Questions by the Court. Q. Did you ever write to any American officers of the force of the enemy ? A. I did, to Captain Burton. Q. Could the vessel have escaped if you had gone through the channel on the American side ? A. It is difficult to answer, as the Hunter was in the channel. Colonel Solomon Rensselaer called by Gen. Hull, and sworn, Q. Were you in the army under General Wayne ? A. I was Captain of dragoons in 1794 under him. Q. Do you recollect the order of march by that army ; and is the one exhibited like it ? A. This order appears similar. Q. Was there any other order of battle or of march : was it not considered the best ? A. It was, as far as I recollect. Colonel Joseph Watson called by Gen. Hull, and sworn. Q. Were you in the Revenue Department ? A. I was Lieutenant-Colonel in the Michigan militia^ Aid to the Commander in Chief of the Territory, and in the Revenue Department at Detroit I knew the Squypoga packet, Captain Chapin. Q. Was there not a channel west of Bois-blanc Island for that packet ? A. There was a channel between Gros Isle and the American shore. Q. Did you take a census in 1810; and what was the number of inhabitants in Michigan ? A. I did. There were 4762 souls, including the district of Detroit, 165 souls; and that of Michilimakanac, 615. Q. How were they situated as to local situation, and their distance from Detroit ? A. The settlements in that country are generally made on the navigable waters. Q. What number were on the River St. Clair and the Huron district A. The Huron district, consisting of the Lake and Ri- ver St. Clair and Huron of the Lake, 580. Q. What number in the District of Detroit ? A. That district extended 15 miles northward to Milk River, and southerly 22 miles, and contained, including the garrison, 2227 souls. Q. What number on the River Raisin and Erie ? A. The district of Erie contained 1340, This was in an extent from the Miami of the Lake to the southerly boun- dary of the Detroit, near the River Huron of the Lake. Q,. How long have you lived at Detroit, and in the Ter- ritory of Michigan ? A. I was six years and sixteen days, to the time of the surrender. Q. Did you not, in taking the census, go to every house, and inquire as to the products of the country ? A. I endeavoured, at the request of General Hull, the Governor of the Territory, to get it from the heads of fa- milies in the district of Detroit, and by estimate from the other districts. Q. Did the district produce sufficient for the consump- tion of the inhabitants ? A. There are great quantities of flour and whiskey brought from New-York and Pennsylvania, and of cattle and hogs from Ohio these last are purchased by the in- habitants for their consumption, and, in times of peace, they are also purchased by British agents and carried to Mai- den the cattle and hogs were consumed by the inhabitants. Q. Were you with the Michigan militia under Colonel Brush, at the north-east gate of Detroit, on the morning of the 16th of August? A. I was. I saw General Hull there on horseback about 4 o'clock in the morning, before the cannonading. Q. What number of militia had Colonel Brush under his command ? A. Probably 150. Q. How did I appear on that morning ? A. You appeared perfectly tranquil and collected. You gave some orders. Q. Did I not use every exertion for offensive and defen- sive operations ? A. No person could have been more active and indus- trious, at the time of your arrival at Detroit ; and it ap- peared to me that system only was wanting to give the de- aired effect. Q. Do you mean by want of system, the want of it in any particular departments ? A. There was a want of system in all the departments of the army, owing to too great indulgence on the part of General Hull. ( 150 ) Q,. Did I sot state before leaving Canada, that I had received information of a reinforcement being on its way from Fort Erie, and that I was to have no co-operation ae Niagara ? A. On the 7th August General Hull told me, that he contemplated leaving Canada, in consequence of reinforce- ments having arrived and being on their way to the enemy, and in consequence of information that Major Chambers had arrived from Fort Erie with a considerable force, and of their being no co-operation on the Niagara frontier. I took this opportunity of mentioning to General Hull the miserable and critical situation to which the inhabitants would be exposed, in consequence of the evacuation, by his proclamation offering protection : his reply was, that of two evils he must choose the less ; and that was to con- centrate his force for the defence of Detroit, and to open the communication with the River Raisin. Q. Did you not see me on the 15th August ? A. I saw you on that day, and recollect your say ing, " The British have demanded the place," and your adding, with some firmness, u If they want it they must fight for it." Questions by the Court. Q. Were you in such a situation as to be able to ascer- tain the fact of system being wanting in all the departments of the army ? If so, what was it ? A. I was with the army from the time it first crossed to the 8th August, employed in issuing protection to the in- habitants. I did all my business in the general's quarters until within a few days before we recrossed, then I did it at a small tent near his quarters. This gave me an opportu- nity of knowing that the general had to enter into the mi- nutiae of the different departments, and which I attributed alone to want of system on his part knowing the zeal and integrity of the heads of the different departments, I sup- posed the general interfered in the different departments unnecessarily. Q. What number of the inhabitants of Canada received protection ? A. From the records I kept, and as nearly as I can re- collect, 367, including deserters. Q,. (By Gen. Hull.) Who was at the head of the me- dical department ? A. Dr. Forster, who was taken sick shortly after I knew of his arrival at Detroit, and died. Q. Who was at the head of the engineer department ? A. Lieutenant Partridge, who was sick during the greatest part of the time that the army was in Canada. I have heard of his death also. I do not know of his doing any duty. Q. Did you not consider my interfering in the medical and engineer departments as owing to the sickness of the heads of those departments ? A. I did not. I thought it was owing to a great anxiety for the service which was usual with you. Q,. As nearly as you can recollect, how many of the Ca- nadians who took protection were inhabitants not attached to the army ? A. I could not state with precision the largest proper tion were deserters from the Fort of Maiden. Brevet-Major John Whistler, 1st Regiment of Infantru, called on the part of the U. S. sworn. Major Whistler said, " I was in command at Detroit when General Hull arrived with the army there in 1812 ; Captain Dyson and I waited on the general and were ask- ed for a return of, the state of the garrison as to ordnance stores I handed him one for the month of June, previous to the army's crossing into Canada. I think there were 100 barrels of powder, snid to contain tOOlbs. each ; therr were also 540O and some dozen of cartridges for musqucts there were, I think, 48 barrels in the fort on the morn- Ingof the 16th. I saw Captain Hull on that morning (af- ter the men were killed, General Hull being near the gate) take a dirty towel to fix as a flag of truce on one of the boarding pikes, which I thought too dirty ; he then brought out a table-cloth or a sheet, which I thought would be too large, and said it should not go up, as the American ensign must be lowered, and the enemy might suppose we had surrendered. This passed so near General Hull that he must have heard the whole of it ; he, however, said nothing Captain Barton hoisted it on one of the bastions. General Hull was leaning on the side of the fort next the enemy, and in a secure part except against shells. I went, some days before the army re-crossed, with a Mr. Baird, the deputy-contractoi-, to a store which held the provisions of the army ; and saw, and helped to count, between 200 and 300 barrels of flour, 48 barrels of pork, 16 or 17 bar- rels of salt beef, and 2O barrels of whiskey. I kept the key of the store at my quarters. I think there were a couple of waggon loads taken out at different times, before the surrender there might have been more, as they could get the key in my absence. There was one waggon load of flour brought there before the capitulation ; the army was furnished with some fresh beef from the time Mr. Baird and I counted these provisions Mr. Baird might have furnished salt provisions from outside the store. Ge- neral Hull, I think, told me of 800 or 900 sheep taken on the Canada side, which he put under my charge there was an old man who came with them, their former keeper. Some of them were taken for the use of the garrison to my knowledge, reports oi them being made to me every night some of them were killed by the enemy's balls. I went to Detroit in 1T97, and am generally acquainted with the country: If the provisions could h/.ive bc-en collected with ( 153 ) the other resources of the country, the army might have been subsisted for 2 months. There were large crops of wheat in 18 12. Questions by the Court. Q,. Did you see General Hull in the fort on the morning of the 16th, during the cannonade ? A. I did. Q,. Did, or did not, the situation and appearance of the general induce you to think at the time that he was under the influence of personal fear ? A. It did. Cross-examined by General Hull. Q. What numbers of Ohio militia were left at Detroit when the army crossed into Canada ? A. There were, I think, 68 in the fort who refused to cross. I do not know how many wre in the town. Q. Do you know whether I made any exertions to have the carriages for the cannon repaired ? A. I do. I saw General Hull frequently before sun up in the morning : he was active in his exertions for that purpose. Q. If the army had been confined to the town and fort ;of Detroit, could the resources of the country have been collected which you speak of ? and, if the provisions had been taken for the army, would it not have left the inhabi- tants destitute ? A. If they were confined they could not the inhabi- tants would not have suffered for two months. Q. While you were at Detroit were there not large -quantities of beef and pork brought from Ohio ? A. There were. It was not all purchased by the inha- bitants Some by M'Intosh and Patterson, Indian traders, and other persons on the Canada side of the river, U The Court adjourned until Monday, at 10 o'clock. 31st Day. Monday , 7th March, 1814. The Court met pursuant to adjournment, all the members present. Gen. Hull read the proceedings ot a council of war held at Detroit on the 9th of July, 1812, and an account of the quantity of the respective kinds of provisions then on hand-, which was admitted by the Judge Advocate, viz : 125,000 rations of flour, 70,666 do. of meat, 150,OOO do. of candles, 1 10,OOO do. of whiskey, 3OO,OOO do. of soap, 12,80O do. of vinegar. Also an order on the contractor for 2000 rations com plete for Colonel Miller's detachment, on the 10th of Au- gust, 1812, out of which the detachment brought back 1919 rations of flour, 533 do. of meat and 896 do. of whis- key. Also an order on the contractor of the 9th of Au- gust, to issue to the detachment under Colonel Miller 600 rtaions of flour and pork, and 1200 do. of whiskey, to be taken by Colonel M'Arthur indorsed "delivered 413 Ibs. of flour, 600 rations of bread, 600 ditto of meat 1200 do. whiskey." Provisions on hand at Fort Detroit on the 28th July, 1812. 7O,OOO rations of flour, 21,OOO do. of salted meat, 1 50,000 do. of whiskey. I certify that the above statement was handed to General Hull by my order, containing the provisions in the con- tractor's store. (Signed) DAVID BEARD, Contractor's Agent. General Hull stated that he had no evidence to adduce, but what was by way of depositions taken out of court by consent of the Judge Advocate, and therefore requested time to make his defence, which he would do by Friday next, until which time the Court accordingly adjourned, te meet at 10 o'clock. 32dDay. Friday llth March, 1814. The Court met pursuant to adjournment, all the Members present. General Hull appeared with his counsel, and requested farther time might be allowed him to prepare his defence ; upofa which the Court adjourned until Tuesday next, the 15th inst. at 10 o'clock. ^d Day. Tuesday, 16th March, 1814. The Court met pursuant to adjournment, all tht Member's present. General Hull commenced delivering his defence, which he read until 2 o'clock, when he requested that the Court might be adjourned, which was done until to-morrow at 11 o'clock. 34/A Day. Wednesday, 16th March, 1814. The Court met pursuant to adjournment, all the Members present. The affidavit of Captain Hull was read in evidence; ter which General Hull continued to read his de* fence* (The Court adjourned until to-morrow at 11 o' *dock. j 35th Day. Thursday, 17th March 1814. The Court met pursuant to adjournment, all the Member*, present. General Hull continued to read his defence. (The Court adjourned until to-morrow, at 11 o'clock.} 36th Day. Friday, 18th March, 1814. The Court met pursuant to adjournment, all the Members present. General Hull closed his defence : whereupon the Court, after deliberation, determined to hear the Special Judge Advocate in reply, which he stated he could not do before Wednesday, the 23d inst. to which time the Court ad- journed, to meet at 1 1 o'clock. 37th Day. Wednesday, 23d March, 1814. The Court met pursuant to adjournment, when the Spe cial Judge Advocate delivered a speech of considerable length, in application of the evidence on the part of the pro- secution, after which the Court adjourned until to-morow at 10 o'clock. 3BthDay. Thursday, 24th March, 1814. The Court met pursuant to adjournment and had all the proceedings read. A question had previously arisen, whether the doors should be closed. It was determined that the citizens might be present. (For the Charges against Gen. Hull, and the further pro- ceedings of the Court, see the folloiving Appendices. APPENDIX. Tlie United States of against Brigadier General WILLIAM HULL. f'harges exhibited against Brigadier- General WILLIAM HULL, of the Army of the United .Stales, by order of the Secretary of War, viz. J. CHARGE. TREASON against the United States, between the ninth of April and the seventeenth of August, one thousand eight hun- dred and twelve. FIRST SPECIFICATION. In this That on the first day of July, in the year one thou- sand eight hundred and twelve, before that time and ever since, an open and public war was and is yet carried on and prosecuted by and between the United States of America and their territo- ries, and the United Kingdom of Great Britain and Ireland and he dependencies thereof: And that William Hull, a brigadier- general in the army of the United States, a citizen of the said United States, owing allegiance to the said United States, and late commander of the north-western army of the said United States, well knowing the premises, and traitorously and unlaw- fully designing and contriving to send and convey intelligence to the said enemies of the said United States, touching a declara- tion of war by the said United States against the said United Kingdom of Great Britain and Ireland and the dependencies thereof, and also touching the expedition on which the said north western army, under his command as aforesaid, was employed ; and also touching the numbers, state and condition ef the said north-western army, in prosecution of the said traitorous and unlawful design, on the said first day of July, in the year afore- said, at the Rapids of the river Miami of the Lake, in the Ter- ritory of Michigan, (the said William Hull then and there being a brigadier-general in the army of the United States, and being then and there the commander of the said north-western army as aferesaid,) did traitorously hire, or cause to be hired, an un- armed vessel, with the pretended purpose, of transporting therein certain sick soldiers, and the principal part of tfce hospital. stores belonging to the said north-western army, from the said Rapids of the river Miami of the Lake to Detroit, in the said territory of Michigan, but in truth traitorously contriving and intending, that the said unarmed vessel, together with all per- sons, papers and things put on board thereof, should be captured 1 by the enemies of the said United Stales, on the passage of m said unarmed vessel from the said Rapids of the Miami of the Lake to Detroit aforesaid, in the territory of Michigan afore said: And that the said William Hull, in the further prosecution of his said traitorous and unlawful design and contrivance, (being then and there a brigadier-general in the army of the United States as aforesaid, and being then and there commander of the said north-western army as aforesaid) did then and there trai- torously put, or traitorously cause to be put on board of the said unarmed vessel, a trunk containing, (among other things,) the official correspondence of the secretary for the department of Avar and the said brigadier-general William Hull, as well touch- ing the expedition on which the said north-western army under Jhis command was, as aforesaid, then employed, as touching a, declaration of war, by the said United States, against the said United Kingdom of Great Britain and Ireland, and the depen- dencies thereof, and also certain official muster-rolls, reports, and returns of the numbers, state and condition of the said north - western army, under his command as aforesaid : And that after- wards, to wit, on the second day of July, in the year aforesaid, the said unarmed vessel, so as aforesaid traitorously hired, or caused to be hired, by the said brigadier-general William Hull, on its passage from the rapids of the Miami of the lake to Detroit aforesaid, was captured by the said enemies of the United States. Laving on board thereof, at the time of the capture, the said trunk containing the said correspondence, as well touching the said cs- jieditionas the said declaration of war. and the said official muster- rolls, reports and returns of the numbers, state and condition of "the said north-western army, (together with certain sick soldiers, and the principal part of the hospital itores belonging to the said north-western army) : And that by means of the said capture, and in fulfilment of the said traitorous and unlawful design, con- trivance and intcudment of the said Brigadier General William Hull, the suid correspondence, us well touching the said expe- dition as touching the said declaration of war and the said offi- cial muster rolls, reports and returns of the number, state and condition of the said north-western army, (together with certain sick soldiers, arid the principal part of the hospital stores of the said north-western army) came to the possession, knowledge and use ef the enemies of the said United States, giving infor- mation and intelligence to the enemies of the said United States, as well touching the said expedition, as touching the said dec- laration of war, and, also, touching the numbers, state and con- dition of the said north-western army of the said United States, then aid there under the command of the said Brigadier General "William Hull as aforesaid : Whereby the said William Hull, on the said iirst day of July, in the year aforesaid, at the ttapids of the river Miami of the Lake aforesaid, in the territory of Mi- chigan aforesaid, (being then and there a brigadier-general in the army of the United States, and being then and there com- wander of the said north-western army as aforesaid, and bain* then and there a citizen of the said United States, owing alle- giance to the said United States.) did then and there traitorously and unlawfully hold correspondence with, and give intelligence to, the enemy, and did then and there traitorously, by the means aforesaid, adhere to the enemies of the said United States, giving them aid and comfort. SECOND SPECIFICATION. And also in this : That afterwards, and during the said \vai , so as aforesaid carried on and prosecuted by and between the said United States of America and their territories, and the said United Kingdom of Great Britain and Ireland and the depen- dencies thereof, the said north-western army of the said United States, under the command of the said brigadier-general Wil- liam Hull as aforesaid, having entered the British province of Upper Canada, and having established a military post at or near Sandwich, in the said British province of Upper Canada, which it was the duty of the said brigadier-general William Hull to maintain, in order that the said war mi^ht and should be advan- tageously carried on and prosecuted, in behalf of the said United States, and more especially that ft certain British fort called Maiden, otherwise called Amherstberg, in the said British pro- vince of Upper Canada, occupied by the enemies of the said United States, might and should be advantageously attacked and taken, by the said, north-western army of the said United States, under the command of the said brigadier-general William Hull, as aforesaid : Yet the said William Hull, (a brigadier-general in the army of the said United States, a citizen of the said United States, owing allegiance to (he said United States, and comman- der of the said north-western army of the said United States as aforesaid,) well knowing the premises, on the eighth day of Au- gust, in the year one thousand eight hundred and twelve, at Sand- wich aforesaid, in the British province of Upper Canada afore- said, did then and there traitorously and unlawfully conspire and combine with certain enemies of the said United States, (whose names are unknown,) t quit and abandon, to the enemies of the said United States, the said military post, established by the said north western army of the said United States, at or near Sand- wich aforesaid, in the British province of Upper Canada afore- said, and to prevent the said British fort called Maiden, other- wise called Amherstberg, from being attacked and reduced, or an attempt being made to reduce the same, by the said north-wes- tern army of the said United States, under the command of the said brigadier-general William Hull as aforesaid : And that the said brigadier-general William Hull, (then and there being a brigadier-general in the army of the said United States, then arid there being commander of the said north-western army of the <aid United States, and then and there being a citizen of the said United States, owing allegiance to the said United States,) iu prosecution of the said traitorous conspiracy and combination, did then and there traitorously quit and abandon, and did then and there traitorously cause t be quitted and abandoned, the said military post, established by the said north-western array of the said United States as aforesaid, at or near Sandwich aforesaid, in the British province of Upper Canada aforesaid, and did then and there traitorously neglect and omit to make the proper prepa- rations for attacking and reducing, or attempting to reduce the said British fort called Maiden, otherwise called Amherstberg, and did then and there traitorously prevent the said British fort called Maiden, otherwise called Amherstberg, from being at- tacked and reduced, or an attempt being made to reduce the same, hy the said north-western army of the said United States, then and there under his command as aforesaid : And in further pro- secution of the said traitorous conspiracy and combination, did then and there traitorously march, withdraw and remove, and traitorously order t be marched, withdrawn and removed, the said north-western army of the said United States, from the said military post, established by the said north-western army of the said United States at or near Sandwich aforesaid, to a place out of the said British province of Upper Canada, to wit, to De- troit aforesaid, in the territory of Michigan aforesaid : Where- by the said William Hull, on the eighth day of August, in the year one thousand eight hundred and twelve aforesaid, at Sand- wich aforesaid, in the said British province of Upper Canada, (being then and there a brigadier-general in the army of the said United States and being then and there commander of the said north-western army of the said United States, and being then and there a citizen of the said United States, owing allegiance to the said United States.) did then and there traitorously conspire combine and hold correspondence with the enemies of the said, United States, and did then and there traitorously and shame- fully quit and abandon, and traitorously and shamefully cause lo be quitted and abandoned, the said military post, so as afore- said established by the said north-western army of the said Uni- ted States, at or near Sandwich aforesaid, in the said British province of Upper Canada aforesaid, and did then and there traitorously r.cglcet and omit to make the proper preparations for attacking and reducing or attempting to reduce, the said fort called Malcien, otherwise called Amherstberg, in t'ue said pro- vince of Upper Canada aforesaid, and did thru and there trai- torously prevent the said British fort called Maiden, othcrv isp ailed Amherstberg, in the said British province of Upper Canada, from boing attacked and reduced, or an attempt being mad.' to yoducq the sam-'. by the said north western army of the said Uni- ted States, mule;- his command as aforesaid, "and by the mean* aforesaid did then and there traitorously adhere. <o the ci: id Uuite : -ivinn; them aid ;md cor: THIRD SPECIFICATION. And, also, in this: That afterwards, and during the said var as aforesaid carried on and prosecuted by and between the s l r nited States of America and their territories, and the s Lid id United Kingdom of Great Britain and Ireland and the depn- dcneics thereof, to wit, on the sixteenth day of August, one sand eight hundred and twelve, aforesaid, at Detroit aforesaid, in the Michigan territory aforesaid, the said William Hull >Jas then and there a citizen of the said United States, owing alle- giance to the said United States, and was then and there a brig- ad ier-seneral in the army of the said United Slates, and w,i> Ihen and there commander of the north-western army of the said United States, and was then and there commander of a certain fort called Fort Detroit, belonging to the said United States, cra- ted at and near the town of Detroit, upon a hank of the river I) - troit, in the said territory of Michigan, the works whereof, ul the, guns and 51111 carriages belonging thereto, then were, and lire; before had been, decayed, dilapidated and out of repair : And th said B.Gen Wm. Hull then and there did traitorously conspire a 1 combine with certain enemies of the said United States (win names are unknown) then and there traitorously and shameful y" vo surrender and abandon to the enemies of thu said United Statf. ihe said fort called Fort Detroit, belonging to the said U*nit 1 States as aforesaid, and then and there under the command of tie said Brigadier General William Hull as aforesaid, with all te troops, regulars as well as militia, then and there under the c<> - mand of the said brigadier-General Wm. Hull as aforesaid, and I the public stores and arms, and all public documents, includig every thing else of a public nature appertaining to the said f i called Fort Detroit, and to the said north-western army of lie Aaid United States, under the command of the said Brigaxhr rieneral William Hull as aforesaid : And that in prosecutiono)' the said traitorous conspiracy and combination, the said Briga- dier-General William Hull did then and there wilfully and uai- torously neglpet and omit to repair and strengthen the work! of the fort called Fort Detroit, then and there under his comnrand as aforesaid, and to put the same (together with the saidguns and gun-carriages belonging thereto) into a proper state aiujcon- dttion for resistance and defence against the approaches, attacks and assaults of tlie enemies of the said United States; and did then and there wilfully and traitorously neglect and omit to for- tify the places and passes at and near to the said fort called Fore Detroit, by and through which the troops of the enemies of the said United States might then and there reasonably lie expected to approach, and did approach, the said fort called Fort Detroit, for tlie purpose of attacking and subduing the same ; and did then and there traitorously neglect and omit to oppose, resist and re pel, and defeat, and to attempt to repel avid defeat, the troops of the enemies of the said United States, in their hostile prepara- tions and approach to and towards the said fort called Fort De- (J [rot, for the purpose of attacking ami subduing the same : And rhit in the further prosecution and completion oftire said traitor- hui conspiracy and combination, the said brigadier-general Wil- SianHuIl did then and there traitorously and shamefully aban- doiand surrender the said fort called Fort Detroit, then and there lintel* his command as aforesaid (which it was his duty then and 5he:e to maintain and defend) together with all the troops, as well regulars as militia, then and there in the said fort called Foi Detroit, then and there belonging to the said United States is Aforesaid, and then and there under his command as aforesaid, ird all the public stores and arms, and public documents, inclu- ding every thing else of a public nature, in and appertaining to tie sa.id fort called fort Detroit, and to the said north-western iv my of the said United States, then and there under his com- naul as aforesaid, unto the enemies of the said United States, to Tit, to the British forces then and there under the command of tajor-gcneral Brock: Whereby the said William Hall, on the nid sixteenth day of August, iu the year one thousand eight hun- ired and twelve aforesaid, at Detroit aforesaid, in the territory '('Michigan aforesaid, (being then and there a citizen of the said T nited States, owing allegiance to the said United Slates, and cing then and there a brigadier-general in the array of the said "nitcd States, and being then and there commander of the said lorth-weslern army of the said United States, and being then and uere commander of the fort called Fort Detroit, belonging to he United States as aforesaid.) did then and there traitorously aid shamefully abandon and surrender the said fort called Fort Detroit, to the enemies of the said United States, to wit, to th? aid British troops under the command of major-general Brock w aforesaid, and did then and there, by the means aforesaid, taitorously adhere to the enemies of the said United States, gir- iig them aid aud comfort. 1J. CHARGE. COWARDICE, at and in the neighbourhood of Detroit, be- fwten the first day of July and the seventeenth day of August, in tiic year one ihousafod eight hundred and twelve. riHST SPECIFICATION. In (his That during the said war so as aforesaid carried <*n and prosecuted by and between the said United Slates of Amer- ica and their territories, and the said United Kingdom of Great Britain and Ireland and the dependencies thereof, the said Bri;;- adier-Ger.eral William Hull then commanding the north-western army of the said United States as aforesaid, having entered the said British province of Upper Canada, in prosecution of the said war on behalf of t lie said United States, and being there in pus- session of (he town of Sandwich and the adjacent country, in tLie name aud on behalf of the Vailed States, aud having declared, and avowed the object and intention of attacking and subduing the British fort called Maiden, otherwise called Amherstberg, in the said British province of Upper Canada, and generally, oil maintaining and enlarging his position and possession in the said British pni\ ince f Upper Canada, on the eight day of August, in the year one thousand eight hundred and twelve, at Sandwich aforesaid, in the British province of Upper Canada aforesaid, did then and there misbehave himself before the enemy, and shamefully manifest an undue fear and apprehension of danger, by a course of conduct and conversation evincing personal alarm, agitation of mind and privation of judgment ; by abandoning tho said object and design of attacking the said British furt called Maiden, otherwise called AmheratEerg, by quitting the position and possession taken at the town of Sandwich and in the adjacent country, in the said British province of Upper Canada as afore- said, and by retreating abruptly from and out of the said British province of Upper Canada, to Detroit, in the territory of Michi- gan aforesaid, without any cause for so doing arising from the superior numbers, state and condition of the British forces which, were then and there opposed to the said army of tie United States, under the command of the said Brigadier Gereral Wil- liam Hull, and without any other just and sufficient cstuse what- soever : Whereby the officers and soldiers of the said north- M estern army of the said United States, then and thert under the command of the said Brigadier-General William Hujl, were in- duced to lose, and did lose, all confidence in the personal courage and the military capacily of the said commander ; the inhabi- tants of the said British province of Upper Canada ivere taught to distrust the power and professions of the invading general : a. shade was cast upon the reputation of the America/I arms, and tin service of the said United States, in the prosec.itiou of the said war, suffered great detriment and disadvantage. SECOND SPECIFICATION. And, also, in this : That during the said war as aforesaid carried on and prosecuted by and between the sai.1 United States of America and their territories, and th^ said United Kingdom of Great Britain and Ireland and the dependeicies thereof, to wit, on the fifteenth day of August, one thousand eight hundred and twelve aforesaid, the enemy having raised certain batteries on the bank of the said river Detroit, in the said British province of Upper Canada, opposite to the said Fort Detroit, and certain American posts and batteries established and erected near to the said Fort Detroit, in the said territory of Michigan, and a can- nonade being commenced from the said batteries of the enemy against and upon the said Fort of Detroit, and the said American posts and batteries established and erected near thereto, in the said territory of Michigan, the said Brigadier-General \Villiam Hull, on tbe said fifteenth day of August, in theyear one thousand Hght hundred and twelve aforesaid, at D>;trfit aforesaid, in the- territory 61' Michigan aforesaid, (being then and there command er of the said fort called Fort Detroit, and of the said American posts and batteries established and erected near thereto, in the said territory of Michigan, and being then and there commander of the said north-western army of the said United States) did then and there, during the continuance of the cannonade afore- said, shamefully misbehave, himself before the enemy, and man ifest great fear and apprehension of personal danger, by a course of conduct and conversation evincing personal alarm, agitation of mind and privation of judgment : and particularly by various timid and cowardly actions and expressions, then and there used and uttered, in the presence of the ofheers and soldiers then and there beJongingto tnesaid north western army of the said United Statrs, then and thereunder his command as aforesaid, as well in a public street of the town of Detroit, as in places adjacent to the said fort of Detroit, and the said posts and batteries established and erected near thereto, in the said territory of Michigan: Whereby a fatal encouragement was a floi'ded for the hostile en- terpri/.e.s of the enemy ; a pernicious example (calculated to in- timidate and to disorganize) was given to the American troops., and the service of the United States, in the prosecution of thf said war, was exposed to hazard, shame and disappointment. Till HI) SPECIFICATION. And, also, in this : That during the said war carried on and prosecutes by and between the said United States of America and their territories, and the said United Kingdom of Great Bri- tain and Ireland and the dependencies thereof, to wit, on tin- sixteenth day of August. ii the year one thousand eight hundred and twelve, aforesaid, the British forces under the command of Major General Brock, having crossed the said river Detroit, having lamed at a place called Spring Wells, otherwise called Spring Hill, in the said territory of Michigan, and having thence marched towards the said fort of Detroit with tha design to at- tack the said Brigadier General Hull, on the said sixteenth day of August, in (he year one thousand eight hundred and twelve, aforesaid, in tlie said territory of Michigan, aforesaid, being then anil there commander of the said Fort of Detroit, and being then and there comniandcr of the said North Western army of the said United States, llid then and there during all the time of the ene- my's crossing ike said river Detroit as aforesaid, landing at the said Spring W^lls, otherwise called Spring Hill, as aforesaid, and marching Wards the said Fort Detroit as aforesaid, with the design tr> aitaek the same as aforesaid, shamefully misbe- have himself before the enemy, and manifest great fear and ap- prehension of personal danger, by various timid and cowardly actions and expressions, then and there uttered and used, in the presence of the officers and soldiers belonging to the said north- western army of the said United States, then and there under hi? comttiamJ ns aforesaid ; by avoiding all personal danger, from inaking no attempt to prevent the enemy's crossing the saiil rive,r Detroit, and landing at the said Spring Wells, otherwise called Spring Hill; by avoiding all personal danger front reconoiter- ing and encountering the enemy in battle, on the said inarch of the enemy towards the said fort of Detroit; by hastily sending Hags of truce to the enemy, with overtures fora capitulation; by anxiously withdrawing; his person from the American troop*, in the open field, to a place of comparative safety, within the walls of the said Fort Detroit; by an irresolute fluctuation of or- ders, sometimes inconsistent with each other, and sometimes inco- herent in themselves ; by forbidding the American artillery to fire on the enemy, on the said march of the enemy towards the said Fort Detroit ; by calling the American troops from the field, and crow- ding them into the said Fort Detroit while the enemy was on the said march towards the said Fort Detroit; by a precipitate decla- ration to the enemy that he surrendered the said Fort Detroit, and 1 he said north-western army of the said United States, before terms ;>f capitulation were signed or considered, er even suggested ; tind, generally, by a course of conduct and conversation evincing personal fear, agitation of mind and privation of judgment: Whereby the said Fort of Detroit, and the said north-western army of the said United States, then and there under the com- mand of the said Brigadier-General William Hull, were them and there rendered an easy and certain conquest to the approach- ing enemy; the officers and soldiers of a gallant army (compel- led by the obligations of military law to obey the orders of their commander) were exposed to unmerited mortification and re- j) roach : and the service of the said United States, in the proje- t-iition of the said war, suffered great detriment and discredit. FOURTH SPECIFICATION; And, also, in this : That during the said war so as aforesaid "arried on and prosecuted by and between the said United States if America and their territories, and the said United Kingdom of fireat Britain and Ireland and the dependencies thereof, to wit, on the sixteenth day of August, in the year one thousand eight hundred and twelve aforesaid, at Detroit aforesaid, in the terri- 'ory of Michigan aforesaid, the said Fort Detroit being then and 'here well garrisoned and supplied with cannon, ammunition and provisions, the said north-western army of the said United States, lii'ing then and there well supplied with arms, ammunition and provisions, and the officers and soldiers thereof being then and there in high spirits, and eager to Ineet and encounter the ap- proaching enemy in battle, and a fine train of artille-ry being then and there subject to the orders and disposal of the said brigadier- jr:neral William Hull, for the purpose of defence or attack, yet Hie said brigadier-general William Hull, then and there being commander of the said fort of Detroit, and of the said north-west- ern army of the said United States,) acting upon the impulse of 10 personal fear and apprehension, and contemplating as (he Mean* of personal safety, n shameful abandonment and surrender of the said Fort Detreit, and of the said north-western army of the said United States, under his command as aforesaid, to the approach ing enemy, did then and there shamefully misbehave himself he- fore the enemy, and did then and there enter into a disgraceful capitulation with the enemy, containing no consolatory stipula- tion, that the said garrison and army should march out of the said fort of Detroit with the honors of war. no just and humane stipu- lation for the security and protection of such of the inhabitants of the said British province of Upper Canada, as had accepted the said brigadier-general William Hull's invitation to join the American standard, nor any reasonable stipulation for an oppor- tunity of reporting to the secretary for the department of war, the circumstances of so unexpected and so important an event; and did then and there shamefully abandon, surrender and s;ive up the said fort of Detroit, together with all the troops, regulars as well as militia, then and there under his command as aforesaid, and all the public stores, arms, and all public documents, inclu- ding any thins; else of a public nature belonging to the said forf of Detroit, and te the said north-western army of the said United States, then and there under his command as aforesaid, to the said approaching enemy, to wit, to the British troops under the command of major-general Brock, withjutany ci.use for so doing, arising from the superior numbers, state and condition of the said British forces, or from the actual want, or just expectation of sudden want of arms, ammunition and provisions for the said Fort Detroit and the said north western army of the said United States, and without any other adequate cause whatsoever; "Whereby the territorial sovereignty, rights and property of the said United States were shamefully ceded to the enemy, a brave and patriotic army was wantonly sacrificed by the personal fears of the commander, and the service of the said United States, 'IK the prosecution of the said war, suffered a great and afflicting loss. III. CHARGE. NEGLECT OF DUTY, and UNOFFICEU-LlKE CON- DUCT, while commanding a separate army, between the ninth of April and the seventeenth of August, in the year one thousand eight hundred and twelve. FIRST SPECIFICATION. In this : That before and during the said war, carried on and prosecuted as aforesaid by and between the said United States of America and their territories, and the said United Kingdom of Greot Britain and Ireland and the dependencies thereof, the said Brig. General William Hnll being duly appointed to command the north-western army of the raid United States, did actually 14 take and assume the command of the said north-western army u or about the twenty-fifth day of May, in the year one thousand eight hundred and twelve, at or near Dayton, in the state of Ohie, and did thence constantly continue in the actualy command of the said army, as well on the march from Dayton aforesaid, to Detroit, in the territory of Michigan, and at Detroit aforesaid, as in the British province of Upper Canada, until his capitula- tion with the enemy, and the consequent surrender of Fort De- troit, in the said Michigan territory, .vith all the troops, regulars as well as militia, tinder his command, to the British forces under the command of Major-Geueral Brock, to wit, at Detroit afore- said, in the territory of Michigan aforesaid, on the sixteenth day ef August in the year one thousand eight hundred and twelve aforesaid : And that the said Brigadier General William Hull, unmindful of the important trust reposed in hint, during all the time aforesaid, and as well on the march of the said army from Dayton aforesaid to Detroit aforesaid, and at Detroit aforesaid, as in the British province of Upper Canada aforesaid, was guilty of neglect of duty, and of unotl\cer-like conduct, hy neglecting; and omitting, with sufficient care and frequency to inspect, train, exercise, review and order; and to cause to he inspected, trained, reviewed and ordered, the said army under his command as afore said ; and also by neglecting and omitting, in due form and time, to prepare an order of battle, and make the same known to the said army, on the inarch from Dayton aforesaid to Detroit afore- said, in the Michigan territory aforesaid : Whereby the discipline of the troops under the command of the said Brigadier-General William Hull as aforesaid, was in danger of being relaxed, their comfort was liable to be impaired, their confidence in the military skill and dispositions of their commander was diminished, and the said army was exposed to the hazard of disorder and defeat, in the event of an attack being made thereon by the enemy. SECOXD SPECIFICATION. And, also, in this : That during the said war, so as aforesaid carried on and prosecuted, by and between the said United States pf America and their territories, and the said United Kingdom of Great Britain and Ireland and the dependencies thereof, to wit, on or about the first day of July, in the year one thousand eight hundred and t\\elve aforesaid, at the Rapids of the river Miami, in the territory of Michigan, the said Brigadier-General William Hull, then and there commanding the said north-western army of the said United States, on the march thereof from Dayton, in the state ot'Ohio, to Detroit aforesaid, in the territory of Michigan aforesaid, and then and there having sufficient cause to know or to believe that war then existed between the said United States and their territories and the said United Kingdom of Great Bri- tain and the dependencies thereof, was guilty of neglect of duty and iinotficer-like conduct, by then and there hiring, or causing to b hired, un unarmed vessel, and putting, or causing to be put qn Itt board thereof, to bo transported by water passage from the sank Rapids of the Miami of the Lake to Detroit aforesaid (the said Brigadier-General William Hull having sufficient cause to know or to believe the imminent danger of capture by the enemy, to which the said unarmed vessel, on the passage aforesaid, would be exposed) certain sick soldiers, and a great part of the hos- pital stores belonging to the said army, together with a trunk containing, (among other things.) the papers herein after men- tioned, which it was the duty of the said Brig. Gen. William Hull most carefully to keep and preserve, from the view and knowledge of the enemy, that is to say, the official correspondence of the Secretary of the Department of War and the said Brig. Gen. William Hull, as well touching the expedition on which the said north-western army, under his command as aforesaid, was then employed, as touching a declaration of war by the said United States of Auieiica against the said United Kingdom of Great Britain and Ireland and the dependencies thereof, and also certain official muster-rolls, reports, and returns of the num- bers, state and condition of the said army under his command as aforesaid ; and the said unarmed vessel, on the passage aforesaid, from the said Rapids of the river Miami of the lake towards Detroit aforesaid, afterwards, to wit, on or about the second day of July, in the year one thousand eight hundred and twelve afore- said, was captured by the enemy, having on board thereof, at the time of such capture, the said sick soldiers, the said hospital stores, and the said trunk containing the said oilicial correspon- dence, and also the said muster rolls, reports and returns of the numbers, state and condition of the 'said army : Whereby the said sick soldiers were made prisoners of war; the said hospital stores were lost the said United States ; and the said official cor- respondence, and the said rnusCer rolls, reports and returns of (be numbers, state and condition of the said army came to tlie pos- session, knowledge and use of the enemies of the said United States, to the great injury of the said United Slates. THIRD SPECIFICATION*. And, also, in this : That during the said war carried on and prosecuted by and between the said United States of America and their territories, and the said United Kingdom of Great Britain ;ind Ireland and the dependencies thereof, the said BrigaditT- ticsieral William Hull, having arrived with the said north-west ern army of the said United States, under his command as afore- said, at Detroit, in the territory of Michigan, on the seventh day of July, in the year one thousand eight hundred and twelve afore- said. a::,l having the possession and command of the said Fort ol' Detroit from that time constantly until the abandonment and sur- render thereof to the British forces under the command of Ma- jor-General Broitk, on the sixteenth day of August, one thousand 4-ight hundred and twelve aforesaid, and finding upon his said ai rival at Detroit aforesaid, that the works of the said Fort Detroi: werv irrtiitly damaged and dilapidated, ami that the iruus :uH 13 Carriages belonging to tha saiij Fort Detroit were also damag><l and out of repair; and moreover well knowing the importance of Jhe said Fort Detroit to the service of the said United States, in the operations of the said war. and that the sam?. (together with (he said guns and gun-carriages) should be put and kept in proper order and repair, was guilty of neglect of duty, by neglecting and. omitting, during all the time of his possession and command as aforesaid, in a proper and sufficient manner, to repair and. strengthen, or cause to be repaired and strengthened, the works of the said Fort Detroit; by neglecting and omitting, in a proper and suiUcient manner, and in due time for the service of the said United States, to repair, or cause to be repaired, the said gun* and gun carriages, and generally, by neglecting and omitting to put, or cause to be put, said Fort Detroit in a proper state and condition for resistance and defence, in the event of an invasion and attack by the enemy : Whereby the said Fort Detroit was left an easy conquest to the enemy : the said guns and gun-car- riages being afterwards required for the service of the said United States in the British province of Upper Canada, were still found unfit for transportation and use ; great time was consumed in preparing and lining them for the said service, and the opera- tions of the war were fatally obstructed and suspended. FOURTH SPECIFICATION'. And, also, in this : That during the said war so as aforesaid arried on and prosecuted by and between the said United States of America and their territories, ami the said United Kingdom of Great Britain and Ireland and the dependencies thereof, the said brigadier-general William Hull declaring and avowing an intention and design, with the said north-western army of the, said United States, under his command as aforesaid, to invade and enter the British province of Upper Canada, to invest and attack the British fort called Maiden, otherwise called Am- herstberg, in the said British province, and to maintain and en- large his position and possession in the said British province, and well knowing that expedition, resolution and energy were indispensible to the prosecution and accomplishment of such in- tention and design, and having arrived at Detroit aforesaid in i he territory of Michigan aforesaid, on the seventh day of July, in the year one thousand eight hundred arid twelve aforesaid, and having invaded and entered the said British province of Up- per Canada, on the twelfth day of July, in the year aforesaid; and therein taken possession of the town of Sandwich aforesaid and having evacuated, with the main body of his army, the said .British province of Upper Canada, on the eight day of August, >n the year aforesaid, was guilty of neglect of duty and unolticer- 'ilce conduct, by not seasonably repairing, fitting and transporting '>; causing to be repaired, fitted and transported, the guns and ^Mi-carriages-, which were necessary to the operations ofthe war ' said British province of Upper Canada : by an useless and injurious waste of time and opportunity at Sandwich aforesaid, m the said British province of tipper Canada, without making an attempt to reduce the said British fort called Maiden, otherwise called Amherstberg ; by an unnecessary consumption of time in projects to conciliate the British inhabitants of the said British province of Upper Canada, and the neighbouring Indians, with- out resorting to the more effectual display of a military power, capacity and disposition, to maintain the acquisition of conquest, and to perform the promises of protection; by postponing in the first instance, and by abandoning in the next, an investment and attack upon the laid British fort called Maiden, otherwise called Amherstberg; and by finally evacuating the said British province of Upper Canada, without providing, in any respect, for the safe- ty of the inhabitants thereof, who had accepted the said briga- dier-general William Hull's invitation to join the American standard, and without having in any decree accomplished the said intention and design of the said brigadier-general William Hull, so as aforesaid avowed and declared, upon the invasion of the said British province as aforesaid: Whereby an opportunity was afforded to the enemy to bring into suspicion and contempt the power and the conduct of the American co'nmander; to col- lect and combine the British forces ; to seduce, intimidate and engage the Indians ; to awe into submission the wavering inhab- itants of the said British province of Upper Canada ; to reinforce the said British fort cai'ed Maiden, otherwise called Arnherst- herg; and to prepare for investing and attacking the said fort of Detroit, iu the said territory of Michigan ; while on the other hand, the said army of the said United States, under the command f the said brigadier-general William Hull as aforesaid, dimin- ished in effective numbers, in consequence of sickness and other casualties; the officer* and soldiers naturally became dissatisfied and disgusted with a scene of such inactivity, irresolution and procrastination ; the hope of support and co-operation, as well from the Indians as from the British inhabitants of the said Bri- tish province of Upper Canada, was destroyed ; and the general ardor of the troops, in the prosecution of the war, iaseusibly abated. JHTII SPECIFICATION. And, also, in this : That during the continuance of the said war, carried on and prosecuted us aforesaid by and between the said United States of America and thr.ir territories, and the said United Kingdom of (.treat Britain and Ireland and the dependen- cies thereof, the said brigadier-general William Hull, with the *;ii(I north-western army of the said United State* under his com maud as aforesaid, arrived at Detroit aforesaid, in the territory ofMichigan aforesaid, to wit. on or about the seventh Any of July, in the year one thousand eight hundred and twelve aforesaid ; that with th said army under his command as aforesaid, he entered; invaded thy said British province of Upper Canada, to wi 15 on or about the twelfth day of July, in the year aforesaid ; ilia'' with the main body of the said army under his command as afore said, he evacuated the said British province of Upper Canada, on the eighth day of August in the year aforesaid, thence returning to Detroit aforesaid, in the said territory of Michigan; and that he abandoned, surrendered and gave up said fort Detroit, with ali the troops, regulars a* wtll as militia, under his command as aforesaid, to the British forces under the command of Major General Brock, to wit, on the sixteenth day of August, in tho year aforesaid : And that during all the movements aforesaid, and during all the time aforesaid, to wit, from the said seventh day of July, in the year one thousand eight hundred t.nd twelve aforesaid, to and including the said sixteenth day of August, iu the year aforesaid, it was of high importance to the security and supply of the said fort Detroit, and the said army of the said United States, under the command of the said brigadier-general "William Hull as aforesaid, that a free and open communication should be had and preserved between the said fort Detroit and the said army of the said United States, under the command t>f the said brigadier-general William Hull as aforesaid, and a cer- tain American settlement and military post made and established at the river Raisin, in the said territory of Michigan: And that the aid brigadier-general William Hull, well knowing ih premises, but unmindful of the trust reposed in him, was guilty Of a neglect of duly and unoft'icer-like conduct, by suffering the tn cm y to interrupt and cut oft* the said communication between the said fort Detroit and the said army of the said United States uuder his command as aforesaid, and the said American settle- ment and military post made and established at the river Raisin aforesaid, in the territory of Michigan aforesaid, to wit, on the first day of August, in the year one thousand eight hundred and twelve aforesaid, or on some other day of the said month of An gust, or some day of the preceding month of July, in the year aforesaid : also, by afterwards, to wit, on the fourth day of Au- gust, in the year aforesaid, detaching Major Thomas B. Vau Home, of Colonel James Findley's regiment of Ohio volunteers, with an inadt-quate force, (the said brigadier-general William Hull having sufficient cause for knowing or believing the same tu be inadequate,) to attempt again to open the said communication between the said fort Detroit and the said army of the said Uni ted States, under the command of the said brigadier-general William Hull as aforesaid, and the said American settlement and military post on the said river Raisin in the territory of Michigan aforesaid ; also, by afterwards, to wit, on the eighth day of August iu the year aforesaid, detaching lieutenant-colonel James Miller, of the fifth regiment of United States' Infantry, with the number, or about the uimber of five hundred men t at- tempt again to open the said communication between the said fort of Detroit and the said array of the said United States under the command of the snid brigadier-general William Hull, and 16 ihc said American settlement and military post at the said rive; Uaisin in the territory o!' Michigan aforesaid, and neglecting to furnish unt! forward, or lo cause to be furnished and forwarded to (he said last-mentioned detachment, at or near Krownslnwn. on ifs march upon the service aforesaid, an adequate supply of provisions, (the said brigadUr-geueral William Hufl having snllieient cause to know or believe that the said last- mentioned detachment, at or near Urow nstow :i, on its march upon the service aforesaid, was in want, of provisions, and that they could not prosecute and accomplish the said service, unless an adequate supply of provisions was furnished and forwarded to them, at or near Hrownstown aforesaid :) And. also, by afterwards, to wit, on the fourteenth day of August, in the year aforesaid, detaching Colonel Duncan Me Arthur, colonel of a regiment of Ohio volunteers, and Colonel Lewis Cass, co- lonel of another regiment of Ohio volunteers, with the numbei u r about the ;n:mber of four hundred men, as well to attempt again to open the said communication between the said for' Detroit and the said army of the said United States, under the command of the said brigadier-general William Hull as afore said, and the said American settlement and military post at thi: river liaisin aforesaid, in the territory of Michigan aforesaid, a* fo escort provisions from the said American settlement and mil- itary post, to Detroit aforesaid, without issuing, furnishing and forwarding, or causing to be issued, furnished and forwarded to ihe said last-mentioned detachment, an adequate supply of pro- visions for the service on which they were employed as aforesaid. Use said Brigadier-Genera) William Hull having suftici'.:;:! cause to know or to believe that the said last-mentioned detnH. ment was in wuntuf a further supply of provisions upon the ser vice aforesaid, and that they could not prosecute and accomplish the said serxice, unless such further supply was issued, furnished and forwarded to them:) Whereby the said detachment under thf said Maj. Thomas 15. Van Home, being encountered by the er 'my with a superior force, was defeated and returned to Detroit, without accomplishing the service ou which they were employed :is aforesaid: the said detachment under the said lieutenant colonel James Miller, having achieved a signal victory over the e:v cmy during the march on the service aforesaid, were ncverlheles* compelled, from the want of an adequate supply of provisions, <r> abandon the service on which they were employed as aforesaid, arid to return to Detroit aforesaid; the- said detachment undo:- the said Colonel Duncan McArthur and the said Colonel Lewis Cass. from want of an adequate supply of provisions, were un- able to prosecute the service on which they were employed n aforesaid, and were returning to Detroit aforesaid, at the time xi' the abandonment and surrender of the said fort Detroit and tl;:- said army of the suid United Hfaics, to the IJritish forces tunic;- the command of major-general Urock as aforesaid ; and finally, the said communication between the said Fort DctiVt and the Said artiiy of the said United States, under the command of the said brigadier-general William Hull, and the said American settlement and military post r t the said river Raisin, in the ter- ritory of Michigan aforesaid, by reason of the said neglects and omissions of the said Brigadier-General William Hull as afore- said, was, and remained interrupted and totally cut off by the en- emy, to wit, from the said first day of August, in the year afore- said, or from some other day in the said month of August, or in the preceding month of July, in the year aforesaid, to and inclu- ding the said sixteenth day of August, in the year aforesaid: SIXTH SPECIFICATION. And, also, in this That during the continuance of the said war. so as aforesaid carried on and prosecuted by and between the said United States of America and their territories, and the said United Kingdom of Great Britain and Ireland and the depen- dencies thereof, the said Brigadier-General William Hull, with the said north-western army of the said United States under his command as aforesaid, having invaded and entered the said British province of Upper Canada as aforesaid, and having de- clared and avowed an intention and design of investing and at- tacking the said British fort called Maiden, otherwise called Amherstberg, in the said British province of Upper Canada, and a detachment of the said army under his command as aforesaid) led by the said Colonel Lewis Cass and the said Lieutenant-Col- onel James Miller, having attacked and repulsed the enemy, and seized upon a certain bridge over the river called the river " Aux Canards," on the rout from Sandwich in the said British province of Upper Canada to the said British fort called Maiden, otherwise called Amherstbcrg, and an opportunity having there- by been afforded for an immediate investment and attack upon the said British fort called Maiden, otherwise called Amherst- berg: Yet the said Brigadier-General William Hull, well know- ing the premises, and unmindful of the trust reposed in him, to wit, on the eighteenth day of July, in the year one thousand eight hundred and twelve aforesaid, at Sandwich aforesaid, in the said British province of Upper Canada, was guilty of neglect of duty and unofficer-Iike conduct, by neglecting and omitting to advance with the said army under his command as aforesaid, to maintain or attempt to maintain the possession of the said bridge over the said river called the river Aux Canards, and by omitting to pro- ceed to the immediate investment and attack of the said British fort called Maiden, otherwise called Amherstberg, in the said British province of Upper Canada : Whereby the advantage of acquiring and keeping possession of the said bridge over the said river called the river Aux Canards as aforesaid, was im- provideutly lost, and the prospect of a successful investment and attack upon the said British fort called M*lde.n, othrwi tfl- Jed Amherstbcri?, speedily vanished. IS SEVENTH SPECIFICATION. And, alse, in this : That during the continuance oi' the saiti war so as aforesaid carried on and prosecuted by and be- tween the said United States of America and their territories, and the said United Kingdom of Great Britain and Ireland and the dependencies thereof, the said brigadier-general William Hull, with the said north-western army of the said United States under his command as aforesaid, having evacuated the said Bril ish province of Upper Canada, returning thence to Detroit afore- said, in the territory of Michigan aforesaid, the enemy having afterwards taken possession of the bank of said river Detroit, opposite to Detroit aforesaid, and thereon erected batteries wherewith to attack and annoy, as well the said fort Detroit and the American posts and batteries erected and established near thereto, as the town of Detroit in the said territory of Michigan, the enemy having also manifested an intention and a design to in- vade and enter the said territory of Michigan, and to invest and attack the said fort Detroit, and the enemy having also, after- wards, in pursuance of such intention and design, landed at a place called Spring Wells, otherwise called Spring-Hill, in the neighbourhood of the said fort Detroit, in the territory of Mich- igan aforesaid : Yet the said brigadier-general William Hull, well knowing the premises, and unmindful of the trust reposed in him, to wit, from the eleventh day of August to and including the sixteenth day of August, in the year one thousand eight hundred and twelve aforesaid, was guilty of neglect of duty and unofficer- like conduct, by neglecting and omitting to prevent, and to at- tempt to prevent the enemy from erecting the said batteries on the bank of the said river Detroit, opposite to the said fort of Detroit as aforesaid ; by neglecting and omitting to fortify the landing-place at the said Spring Wells, otherwise called Spring Hill, iri the territory of Michigan aforesaid ; and by neglecting and omitting to annoy and attack the enemy, on and after his landing at Spring Wells, otherwise called Spring-Hill as afore- said, in the territory of Michigan aforesaid : Whereby the enemy was enabled securely to erect the said batteries on the bank of the said river Detroit as aforesaid, for attacking and annoying as well the said fort Detroit, and the posts and batteries erected and established near thereto, as the said town of Detroit; to in- vade the said territory of Michigan without opposition or loss ; and to approach the said fort Detroit with the air and confidence of a triumph. A. J. DALLAS, Judge Advocate. DEFENCE, MB. I>HESTT>r.l?T, AWI* OT.STtSMEW OF THK COUHT 3T AHTI.U.. I HAVE too long and too severely felt the effects of public prejudice^ excited by unfounded reports and groundless clamors, not to rejoice that the time has arrived when I may speak in my own vindication, before an impartial and honourable tribunal. The charges upon which you are now to decide, have been propagated through the Union with a zeal and industry, to which my age, my character and my former services have in vain been opposed. My reputation and feelings have been the sport of every one who either from malicious, self- ish or political motives chose to traduce me. The time has been when no one would have dared to couple dishonor with my name, when my heart has exulted to find myself mentioned among those who deserved well of their Country. But since my efforts to serve her have been unsuccessful, how have I been tortured with cruel and unfounded accusations, even con- scious innocence has not always given me fortitude to bear with this injus- tice, unmoved. Knowing the integrity of my own motives, ind how zeal- cusly I have sought to discharge my duty to the public, my heart has often swollen with indignation when I have seen the indefatigable pains that have been taken by repetitions of the foulest calumnies to excite and keep alive prejudices against me. Your own knowledge gentlemen of what has been passing in the world, will convince you that this is not declamation, but I shall shew you in the course of my defence, that men from whose profession and whose rank it was not to be expected, have been parties in this injustice. At length, however, the time I have so anxiously desired, has arrived, when my conduct must be tested by evidence, instead of the misrepresenta- tions of my enemies, and I do feel a confidence that when you have pro- nounced upon that evidence I may appeal to your judgment to refute the clamors which have been raised against me. I cannot but think, Mr. President, that the charges against me are ex- kibited in a form hitherto unprecedented in proceedings of this nature. It was not to be expected, that in a court where the accused, whatever may be his infirmities or incapacities to attend to his own defence, is not per- mitted to have the benefit of council, the charges would be enveloped in such a profusion of words, that it is difficult for one not accustomed to the technical forms of pleadings in the civil courts to understand them, and be so complicated by repetitions that it is still more difficult to reduce thejn to any order or analysis. It is extremely important, however, that the court should ascertain, and bear in mind precisely of what I am Accused, The course of pro- m ich has beevi adopted by the court, renders this the more nc cessary, as testimony has been given which certainly cannot be applied to any of the specifications. The court having thought proper to admit it with an intimation that any further objection which I might offer to its propriety or relevancy when I arrived at this stage of my defence, would be considered. In submission to this decision of the court, I have omitted to make objections on this ground in several instances. I shall not at- tempt to offer an argument to Uie court to prove the injustice of making one charge against a person, and trying and convicting him by another : I did however understand, from what passed when I first submitted to the court an objection of this nature, that an objection was entertained by some of the members, that though the testimony -might not apply to any specifica- tion, yet if the fact intended to be proved, would come under either of the general charges, the testimony would be proper. If this were so, then there would be no use in the specifications, indeed they would be worse than useless, they would only mislead the accused, and induce him to prepare against one accusation when he might be tried on another. The propriety of admitting nothing under the general charge, for which there is not a specification, I think will appear manifest by supposing that a general charge should be unofficer-like conduct, and that the only specifi- cation should be insulting a superior. Suppose that under this general charge and specification, testimony should be offered of absence without leave, this would also be unofficer-likc conduct, and therefore would come under the general charge. But would it not be the height of injustice to try the accused for absenting himself, a crime of which the charges gave him no notice. I trust the court will see the validity of the objection I am considering, and that they will be careful to give no weight to any part of the testimony which does not apply to some one of the specifications. I do not think it necessary to occupy the time of the court with areca* pitulation of the charges, nor shall I exhaust your patience by attempting in my defence, to follow the volume on your table through all its reitera- tions. It will be found for the most part to be a repetition of the same facts, displayed in the jargon of special pleading, witli an incongruous dis- semination of such opprobrious epithets as fancy might furnish to heighten the imputation of guilt. I shall endeavour to arrange and consider the ac- cusations in such order as will enable me to bring my defence into some compass, and to be the better understood. I shall "particularly notice the charges which the judge advocate in his opening mentioned as those which he expected would be substantiated, and I shall not omit to make my de- fence against every accusation which there has been the least testimony to support. The cardinal accusations, if I may be permitted so to express myself, are founded upon an alleged delay at Sandwich, the retreat from Canada, and the surrender at Detroit. If 1 can satisfy the court that these acts were in themselves necessary or justifiable, it will then remain for me to answer such of the accusations as relate to the manner in which these acts weie done, and to answer also some Charges not immediately connected with these transactions. This course di will embrace the whole of my defence. Of this latter description is the first specification under the charge of treason which relates to the vessel sent from the Miami. I shall therefore give this a separate consideration,' and as it stands first and highest in the black catalogue of the crimes which are imputed to me, and is repeated in other specifications, I shall in the first instance ask the attention of the court to this subject. I have already protested against the authority of this court to decide upon this charge, because treason is a crime of which a court martial has no cognizance. Their power is confined to such military crimes as are specified in the articles of war, and their jurisdiction is so limited, not only by the Constitution, but by the very articles themselves. I have thought it my duty in the most solemn manner to make and insist on this protest fo the sake of repelling a dangerous example, and not as it respected myself or the case now under your consideration; for my only desire is to acquit myself of the criminal acts and motives which have been so wantonly imput- ed to me. If I cannot succeed in this, I am indifferent as to the names by which the crimes may be called, and if I do not acquit myself of the other charges which are the most wounding to the feelings of a soldier, I am equally indifferent to the punishment that may be inflicted. I have no de- sire to preserve a life that shall be stigmatized by a conviction of this court on the charges of cowardice. The first specification under the charge of treason relates to sending the vessel on the first of July from the Miami with the Hospital stores, sick baggage, and army documents. As to sending the vessel with what she had on board, except the last article it is not disputed but that for the reasons which according to the testimony of General M'Arthur I assigned for it at the time, it would not have been an improper measure had not war been declared. The whole criminality then in this respect rests on the truth of the al- legation that I despatched the vessel knowing of the war, and with a design to give traitorous intelligence to the enemy. It is very certain that I had no direct intelligence of the war on the 1st of July when the vessel was despatched. I had on the 26th of June re- ceived a letter from the Secretary at war, dated on the day war was declared f the 18th of June andl afterwards received another letter from him of the same date, announcing to me the declaration of war. It seems to have been intimated that the letter of the 18th of June which I received on the 26th, was the letter announcing the war but I think the testimony of General M'Arthur settles that point He acknowledges that I shewed him both the letters which I received on the 26th of June at the time I received it and also the letter which I received on the 2nd of July at the time that letter eame to my hands : But if the testimony of General M'Arthur and other Avitnesses left any doubt on this subject, it must be removed by a refer- ence to a letter from me to the Secretary at war which has been read by the Judge Advocate, dated at fort Findlay, on the 26th of June, which ac- knowledges the receipt of the letter from him of the 18th of June, which I iod then received In which I say "in the evfnt of a war," it will be ne- cessary to pursue certain measures I think this is evidence not only that the letter which I had received on the 26th of June was not the letter which announced the war ; but that the letter which I did receive gave me no ex- pectations that war was declared when I wrote. It may be said however in the language of some of the specifications, that though I had no certain information of the declaration of war when I despatched the vessel, I had " sufficient cause to know and believe that War existed." As I have said the first letter from the Secretary at war, dated on the 18th of June, gave me no cause to know or believe the fact, all that is in that letter which could by any possibility be supposed to have related to such an event, are these few words. " Circumstance s have re- cently occurred which render it necessary you should pursue your march to Detroit with all possible expedition." This was but a reiteration of my former orders In the letter from the Secretary at war of the 9th of April, I am directed " to repair with as little delay as possible to Detroit" how then was I to infer from this letter that war had been declared. I did nev- er suppose that if war was declared I should receive a peremptory order from Washington to march my whole army in all events to Detroit, there^ by leaving the enemy at Maiden eighteen miles in my rear, directly on my line of communication, with all the facilities which he had by reason of his command of the waters to cut off my supplies. Such an order appeared to me so inconsistent with my military experience that 1 did not suppose it could have been founded on a declaration of war, or even on a prospect of immediate hostilities. I did suppose that in the event of a war a discretion would have been left to me to conduct my troops in such a manner as I might judge from circumstances would be most conducive to their securi- ty, and most likely to effect the destruction of the enemy and that I should have been left at liberty to post my army in what I might think the most advantageous situation I did suppose that when it was seen that war would be immediate and inevitable I should have been informed of mea- sures taken to reinforce me, and to keep open the road which it was known I was obliged to make for near two hundred miles through the wilderness, and on which my army must depend for its supplies I did suppose that I should have been informed of co-operations intended for my support, and of means provided for my communicating with those who might direct those co-operations and I did suppose that I should have been informed of mea- sures taken to obtain the command of the waters All my intercourse, as well previously as subsequently to my appointment, as I shall hereafter prove, witli the executive officers of the Government, gave me reason to expect that all these measures would be pursued in the event of a war. How then was I to understand from this simple intimation that circum- stances had occurred which required that I should pursue my march to Detroit with expedition that war was actually declared, or immediately expected? Besides, it naturally occurred to me that if the circumstances alluded to by the Secretary were a declaration of war, or such as would im- mediately lead to it I should be told so explicitly I could conceive W5 F?ason forjraaking his communications iome in ambiguous terras. But it may be said that General M' Arthur has proved by the testimony which he has given relative to conversations he had with me when I re- ceived the letter from the Secretary at war on the 26th day of June, and when I despatched the vessel on the 1st of July, that I had "sufficient cause to know or believe that war then existed." General M'Arthur's testimony on this subject is as follows : "On the evening of the 26th of June an express arrived from Chilicothe bearing a letter for me, another for General Hull I went with the bearer to General Hull, who opened his letter and handed it to me it was from the Secre- tary at war, dated 18th June, 1812 It stated that circumstances had occur- red that made it necessary that the General should proceed to Detroit taks measures for defence, and wait for further orders. I also received a letter from a friend quoting a postscript to a letter from General Worthington a senator in Congress, which postscript said ' before this reaches you war will be declared.' I stated to t he General that Colonel Dunlap the bearer of the express had told me that before that time war was declared. The Gen- eral then asked me what I thought of the Secretary's letter I said I thought it a notice of a declaration of war the General said it seemed very much like it. The General and I had a great deal of conversation on the informa- tion we had from time to time received, and we appeared to agree that was was certainly declared." General M' Arthur further testified that on the morning of the day on which we left the encampment near the Miami " the General sent for me to his tent and stated that he thought of sending the baggage by water from that place I said I thought it hazardous that possibly the British might have information of war and might take the vessel the General re- plied he could not imagine there was auy danger, the wind was fair and the vessel would pass in a short time, adding that he could not take upon bimself the responsibility of carrying on the teams any further I thick there was a verbal or written order to embark the baggage I stated to the General that I did not like to send on my baggage ; but if it was a general order it must be complied with. We proceeded on towards Detroit and on the first or second evening after the commandants of corps were called to the tent of Gen. Hull and were informed that a letter had been received from the Secretary at war announcing the declaration of war." The witness further stated in some part of his examination that notwitk.< standing the order he sent nothing by the vessel but his mess-boxes. I must beg leave first to remark to the court that this testimony ef Gen. M' Arthur affords strong evidence of the fallability of his memory for he states that the letter from the Secretary of war which I shewed to him at fort Findlay en the 26th of June, ordered me to proceed to Detroit, take measures for defence, and wait for further orders. An order to prepare for defence would have been a much more significant intimation of a declara- tion of war than any thing the letter contained. A copy of the letter fur- nished by the war department is before the court and will prove how far General M' Arthur can be mistaken. The expressions which he gives as having been contained in the letter which he saw on ihe 26th f June, are Contained in the letter announcing- the war which was shown to LJm on the 2nd of July. It cannot be pretended that he might have seen this last mentioned letter on the 26th of June because if that had been so there could not have been after the explicit information contained in that letter, any such debate as he states there was between us on the 26th of June, aa to the possibility of war having 1 been declared. I do not mean to charge Gen. M' Arthur with a wilful misrepresentation I have no doubt but that the zeal which he has manifested for my conviction has led him into this mistake. As this is the highest charge against me, he probably has felt the most anxiety that it should be substantiated and his mind has adopted as the impressions of his memory what arc only the results of his wishes. I mark this inaccuracy of Gen. M'Artlmr the more particularly to shew that inasmuch as lie was so materially mistaken with respect to the contents of the letter, which he states he had in his hand, and deliberately perused, and has confounded what passed at one time with what occurred at another, he may very possibly be as far mistaken in relation to the conversations he has related. I do aver that in respect to the conversation which he relates as having passed between us on the 26th of June, he is mistaken ; or rather he repre- sents it in a manner calculated to make impressions altogether different from what in truth it ought to do. After he had informed me of the letter he had received, quoting the Postscript from General Worthington and after he had communicated to me what had been said by Colonel Dunlap the bearer of the letters, I might have said it seemed like war, or made use of some expression of that sort but I deny that I ever said that the Secre- tary's letter seemed like war en the contrary that letter induced me to suppose notwithstanding the Postscript from Gen. Worthington and the in- formation of Col. Dunlap, that war could not have been declared. I beg the court to remark that neither the postscript or the information of Col. Dunlap did state, or could have stated, that war was declared, but merely gave their opinions that war would be declared by the time the letters were received, without stating any grounds for their opinions- considering, however, the opinion of Gen. Worthington, as coming from a source entitled to great respect and consideration, it induced me to think it possible that war might have been declared But when I found day after day passing without intelligence from the government when I found that on the 1st of July five days had elapsed since the arrival of Col. Dunlap, and when I felt confident that not a moment would be lost in des- patching a messenger to me whenever war was declared I was satisfied that the information which had been communicated to me through Gen. M'Arthur had no other foundation than those rumors and expectations which had been so long afloat throughout the country. One circumstance was a strong inducement to believe that the relations of peace with Great Britain had not been^ interrupted. When I left Washington, the secretary 6f war had told me it was not expected that war would be declared before Ahe 4th of July. This is a fact, though the secretary of war* has answered V> th? ninth interrogatory addressed to him that he had not such a rccol- 35 leciicu of tke conversation between us respecting the probable time of thV declaration of war as to enable him to answer satisfactorily on that sub- ject." But as I had not on the 1st of July, when I despatched the vessel received myself any information of the declaration of war, I was to pre. sume that the enemy could not have been apprised of that event. It appeared to me an inadmissable imputation on the administration, to suppose it pos- nible that they would suffer information of intended hostilities to be con- veyed to the enemy before it could reach their own General. Yet it was fourteen days after war was declared before I had any information of it Though it appears that a letter from the secretary at war written on the 18th of June, had reached me at fort Findlay in seven days and an attention to the dates of the correspondence between me and the war department will shew that the communication between the city of Washington and the army, even' when it was in Canada, might be made in eight or ten days. In the secretary's letter to me of the 1st of August which has been read., hn acknowledges thfc receipt of mine of the 19th of July by Capt. Curtis, who left my head quarters at Sandwich on the 20th of July I never heard f hat any duplicate of the letter of the 18th of June was written to me, or hat the letter was delayed by any accident. Nor do I know that any letter was written to me by the administration after the war was declared, ex- rept the one of the 18th of June, until the 24th of the same month, when MX days had elapsed. A letter written at Washington on the 18th of June might have reached me by express in five days But the letter which was to give me the first information of the war, if it left Washington on the 18th or 19th of June, could not have travelled at a greater rate than thirty miles a day. I think after this statement the court will not say that it was treasonable in me to conclude, that it was impossible the administration should have left me ignorant of the war when it might be known to the enemy. I beg to direct the attention of the court to the testimony of Gen. Cass upon this point. He had a perfect knowledge of all the circumstances with which Gen. M' Arthur artd myself were acquainted he had seen the letter of the 18th of June from the secretary at war, which I received on the 26th. He knew what information Gen. M'Arthur had received from his correspondent and from Col. Dunlap. He testifies that when the vessel was despatched from the Miami, he had no reason to believe that at tha', time I knew of the war. He had no conversation with me which could in- duce such a belief. He sent his own baggage and servant by tbe vessel, which on his cross-examination he says he certainly should not have done if he had had any thought that war then existed. But it appears that immediately after the receipt of the letter announc- "m to me the declaration of war I used every possible exertion to recall the vessel I refer the court on this point to the testimony of Capt. Fuller. This conduct is entirely inconsistent with the criminal intentions which are imputed to me in respect to this transaction. It remains for me to notice that part of this charge which states that I tut on board the army docatnents and papers ^hereby fTte etiewy were made 4 S6 acquainted with the force of the army, the designs of the government, an with the declaration of war. I do not hesitate to acknowledge that it was improper to trust the doc- uments which were put on board that vessel to such a conveyance, or even for me to part with them in any way, whether in peace or war But I trust it has satisfactorily appeared to the court from the testimony of Captain Hull that this was owing to an accident which might have happened to the most careful commander. I had ordered my baggage to be put on board the vessel, not supposing- it possible that the trunk containing my papers could havr been considered by my aid-de-camp included in that order and it was not until after the vessel had dop-irted that with equal surprise and regret I learnt that nv aid -de-camp had with my baggage shipped a trunk which contained noth- ing but papers. There is one allegation in this charge that ! feel myselt authorized to repel with some indignation because I think it could only liavc been made with a view to exculpate others from misconduct at ni) expence, by an attempt to make it be believed that the enemy derived a knowledge of the war from the capture of this vessel. If this were so how is it to be accounted for that the enemy should have assailed her in a hostile manner before she was captured. The court will recollect that Lieut. Gooding states, that when the vessel was bffBois-blane Island, the enemy's armed brig Hunter bore down up;>. her and that she was pursued by a Batteau from .Maiden filled with armed men but that tUe suggestion that the enemy derived their knowledge of the declaration of war from the papers found on board the vessel, is repel- led by the facttlftjthis vessel had no documents on board which could pos- sibly give them mat information she could not have had for I had no such documents in my possesion at the time she sailed from the rapids of the Miami. It is also a fact that is now notorious that the enemy had receive'' information of the passing of the act declaring war several clays before I had any communication from Washington on the subject. It is as ungcneroi: as it is unjust to charge the enemy's prior knowledge of the declaration nl xvar to anv act of mine. I have now closed my defence on tins fir.->t speci fication under the charge of treason and although 1 persist in nn' objeo tion to this court's taking cognizance of that crime yet I have given ihr charge a full examination because the same facts arc specified ur.df charge of unolh'ccr-likc conduct- and I shall rely upon what I have nov said for my vindication against the spccificatif-n which relat subject under that charge. To sustain this charge of treason there arc tu-o other specifications on relating to the supposed delay in attacking Maiden aitl the retreat from Sandwich, the other to the surrender of Detroit But as there is a repetition of these specifications under the two other charges I shall not now notice them further than to observe that these specifications under the charge ol' treason, allege that the delay, the retreat and the surrender were all ir pursuance of a traitorous combination and conspiracy between me and cer U'm enemies of the United States, whose names arc unknown. If the com' had cognizance of this crime of treason, I could not be convicted unless the traitorous combination and conspiracy were proved. I might ask where is the evidence of any combination or conspiracy between me and. the enemy But I forbear with indignation from the examination of such a question and now when the court has before it all the testimony that the utmost efforts of my prosecutors have been able to bring against me, I ask them to judge from what malignant source the information which could have suggested this charge, must have been drawn. Some of the wit- nesses who have testified against me must have furnished the materials from which the gentleman employed by the government to frame the charg- es must have drawn them. They must then have made suggestions to him which they dare not attempt to support by their own oaths or by one particle of proof, and whicli could have resulted only from the bitter- ness of their own hearts towards me. Pursuant to the arrangement of my defence which I have before suggest- ed I shall next consider the specifications which charge me with crimes or misconduct, in delaying to attack .Maiden in withdrawing the army from Canada, and in making the final surrender. There are, as I have said, accusations which are not immediately con- nected with these transactions, and these I shall notice in the course of my defence But if I should satisfy this court that these cardinal accusations are unsupported; that the measures to which they refer were fit and proper, and such as circumstances required or if it should now appear, that a different course in respect to either of these measures ought to have been adopted Yet if I should satisfy the members of this court, that in my con- duct upon these occasions I have been actuated by the purest motives and a sense of duty, I trust I shall not be judged criminal I shall not pretend ihat I may not have erred but error and crime are not convertible terms. When 1 accepted a commission from the government, I pledged to them my utmost zeal and ability in discharge of the duties of the office they conferred upon me, and I trust that pledge will not be considered as forfeited, though it should appear to this court that on some occasions my judgment may have misdirected me. The profession of a soldier would not be longer honourable, it" neither the purest intentions or the most zealous exertions could shield him from criminal imputations on the errors of his judgment. My defence, Mr. President, on these points, as well as on all ethers will be a relation of facts and circumstances, and an exposition of the consider- ations, and motives which have governed my conduct. You cannot, gentlemen, form a just decision upon my case, nor judge of the considerations whicli have influenced my conduct, unless you under- stand what were my views and the views and expectations of the executive officers of the government of the United States, in respect to the North- western army its relations and objects when I accepted my commission ti April, 1812. I feel some embarrassment in presenting to you, this part of my case I am well aware that it may be said that I am attempting to exculpate myself by censuring others J well know too that the political fepljngs of many persons arc so sensible and warm, that the slightest imputation of misconduct against the administration will excite their prejudice and that such prejudices are the more likely to be roused when the charges are made by one who is prosecuted by the administration But gentlemen I shall say nothing of the officers of the government that is not supported by irrefragable testimony I shall only present for your consideration facts which are proved by documents before you, and shall make no observations upon them which are not obviously and absolutely necessary for my de- fence Much less shall I attempt to charge the administration with any wilful misconduct. T believe every member of Jt to have been actuated by the purest motives and the most ardent zeal in preparations for, and prosecution of an inevitable war. A \aar in which I should never have en- listed had I not believed it both just and necessary and while my country is engaged in such a contest, let my former services to her, let my former character shield me from the suspicion that I would voluntarily say one word that shall lessen the confidence of my countrymen in those, under whose auspices our battles must be fought and by whose wisdom and strength our misfortunes are to be redeemed, and our honour is to be saved. But in my own vindication, and in defence of that honour which the go- vernment have, now put at stake, I am obliged to say, that the army I com - inandcd had not that co-operation and support which when I accepted my commission the government gave me reason to expect and without the prospect of which,! should never with the force that was placed under my command have thought of carrying on offensive operations against Upper Canada nor e\cn have placed my army unless in obedience, to orders in the situation in which it was after it's arrival on the waters of Lake Erie. AVhenlaccepi "iiuuid of the North-western army, I did not sup- pose that in the event of a war with (ireat Britain, the force of that army would be adequate to conquer Upper Canada Nor did I believe that the ;idmimst ration liad such an opinion : But on the contrary I did understand, and such it will appear was the understanding of the executive officers of the government, that in the event of a war the operations of my army would be strengthened and secured by a competent naval force on Lake Erie, and by the direction of other forces against the enemy's territory. Had these expectations been realized, instead of having lingered out so many months as a prosecuted criminal, instead of now standing before you as an accused, I might still have shared my country's confidence The foul charges to which I am now to answer would not have thus blasted the lau- rels of my youth But even in the wilds of Canada and amidst these whit- ened locks they might have retained their pristine verdure. 1 proceed gentlemen to turn your attention to the documents, by a refer- ence to which I mean to shew what were my views and expectations, and M -hat I had a right to suppose were the views and expectations of the ad- ministration on the subject which we are now considering. The first paper read by the Judge Advocate was a memorial *iy mi in. 1809, to the then secretary at war. From this memorial the following is an extract : " My residence at Detroit for four years has given me some knowledge *( our Notheru and Western frontier and I take the liberty of communi- cating to you such facts 03 have fallen under my observation. The opin- ion I have formed and the measures which appear to me the most expe- dient under the existing state of things." After a variety of suggestions, and among others, that though war should not take place, it would be necessary to have a larger force in Upper Canada than was then there the memorial is as follows : " I would likewise suggest for consideration the expediency of building some armed vessels on Lake Erie, for the purpose of preserving the com- munication consider, you have three military posts to the North and West of these waters, and no other communication with them." It is true this memorial was written in time of peace but the suggestion as to the naval force could only be with reference to it's use in war. I do not know for what purpose this memorial was read by the Judge Advocate, unless it were to shew of what importance I thought our possession of De- troit Sir, my opinion on that subject has ever been and is yet the same as is expressed in that memorial I thought the administration had the same sentiments and therefore I was the more firmly persuaded that the ad- ministration would have taken every possible means to support the army which was sent for it's protection. At the moment I was surrendering that fortress, a conviction of it's great importance increased the poignant regret I felt for the necessity of the measure. On the 6th of March, 1812, which was about a month before I was appoint- ed to a command in the army, I addressed another memorial to the admin- istration which is so important to shew my views with respect to the force >o be directed against Upper Canada in the event of a war, that I beg leave ) read the whole of it It is in the following words : " WASHISCTON, 6th March, 1812- (COPY.) - SIB, " THE prompt manner in which you have adopted measures for iic protection of Detroit and the other settlements in the territory of Michigan, inspires me with confidence that suchVilterior arrangements will peedily be made as the peculiar situation of that section of the United States may require. " How far the measures already adopted will give security to that part ;.f the country in the event of war with Great Britain, is a subject worthy of consideration. " Officers oi' a company have been appointed with orders to recruit in % .e territory. " The secretary acting as governor has been authorized to make a dc- companies of militia and call them into actual servic^. 30 " The commanding officer of fort Detroit has been directed to erect bat- teries on the banks of the river Detroit for the protection of the town. " These, as incipient measures I very much approve, and was particular- ly pleased with the decisive manner they were adopted. It must be appa- rent however they add no physical strength to that section of the country. The force already there is only better organized and prepared to be called into action. By comparing this force with the force which may be oppos- ed to us, will evince the necessity of additional means of defence, if the ter- ritory is worth preserving. " In the fort of Detroit I understand by tlie last returns there are less than one hundred regulars the population of the territory is less than five thousand and this population of the territory principally of Canadian Character Connected with the post of Detroit, r.ncl three hundred miles North, is the island of Michilimackinac, where is a fort garrisoned by a company of regulars. Near the South bend of Lake Michigan on the Westerly side is fort Dearborn, likewise garrisoned by a company of regulars." " This is all the force on which we can at present calculate for the safety of our frontier and for the protection of the Indians which the Unit- ed States are bound by treaties to afi'ord. " No support can be derived from the Indian Nations, e\;en in the event f war, because our officers are instructed to advise them to remain neu- tral and not to accept their services if they should be offered. " I will now consider the British force opposed to this part of the Unit- ed States. " A fort at Amherstberg at the mouth of the Detroit river, garrisoned by about one hundred British troops another fort on the island of St. Jo- seph's at the mouth of the river St. Mary's, garrisoned by about fifty British troops two armed ships on Lake Eric, which command the waters and would prevent all communication from the States through that chan- nel a population of at least fifty thousand in that part of Upper Canada which is connected with the Detroit river and Lake Erie, and could easily be brought to operate ag-ainst our settlements about four thousand men, principally Canadians employed in the Indian trade and under British in- fluence and lastly may be reckoned all the Indians in Upper Canada, and a large proportion of the powerful nations residing in the territory of She United States, who now hold a constant and friendly intercourse with the British agents, and are liberally fed and clothed by the bounty of the British government. " It appears from this statement that the British force which can be brought to operate against us in the territory, is more than ten to one, v. ithout including the Indians. ' It requires no difficult reasoning to determine what must be the con- sequence that part of the United States must fall into the hands of the British government, with all the inhabitants the forts at Chicaga, Mich- ilimackinac and Detroit, and all the public stores, with tho public anl private vessels 911 the Lake. 31 " This will give "our enemies the entire command of all the country 3?orth and North-west of the Miami of Lake Erie and the settlements on the western part of the stain of Ohio, will be subject to the depredations of the powerful northern nations of savages. There is nothing in my opinion (in the event of war) can prevent this st;ite of things but an adequate force tm the Detroit river, opposite to the settlements in Upper Canada. It may be asked how is this force to be placed there, and how is it to be supported ? If sir, we cannot command the Ocean, we can command the inland Lakes of our country I have always been of tlr opinion that we ought to have buiH as many armed vessels on the Lakes as would have commanded them we have more interest i.i them than the British nation, and can build vessels with more convenience. If, however, there is no intention of the kind, that communication must be abandoned until we take possession of the Canadu. " The army which marches into the country must open roads through the wilderness, and the supplies and provisions of whatever else may be accessary, must pass by land through the state of Ohio. If the conquest ef the Can^das is tlie object of the government, they will then have an army in a proper situation to commence the operations, and at the same time protect the defenceless inhabitants and control the Indians within our territory. The answer probably may be, it is more expedient to leave the Michigan territory te it's fate, and direct the force to Montreal. This will prevent all communication by the St. Lawrence with Upper Canada, jnul it must of course surrender. In this expectation I think it probable here would be a disappointment if a force is not sent sufficient to oppose the British force which may be collected at Amhtrstberg and it's vicinity, Detroit, Michilimackinac and Chicaga must fall the inhabitants must once more change their allegiance, anil the Indians become the exclusive friends and allies of the King their great Father. In the garrisons at these places they will tind large quantities of arms and military stores of every kind. Upper Canada and our country of which they will be in the posses- skin, will furnish them with provisions How then will Upper Canada be conquered by possessing Montreal ? They will be in the quiet possession. f their country and a part of our's ^nd how are they to be approached ? You cannot approach them by water, because they command the Lakes In approaching them fcy land you must pass through a wilderness tilled with savages under British control, and devoted to British interest. The consequences of such an attempt may probably be best learned from the history of the campaign in that very country conducted by Gens. Harmer, St. Clair and Wayne. In Upper Canada they have a governor who is a Major Gen. in their army who commands the regular troops, the militia and the Indians the whole force of the country is therefore combined under his command and may be directed to a single point without any collision. " From the preceding state of facts and observations it must be appa ^ent thai for Detroit and the settlements in it's neighbourhood and like- wise Michilinuckinac and Chicaga under present cu'cumataaees are in the Blower of Uic British aud that their possession of them would be ei tremely calamitous to the United States. " In the event of peace with England I am of opinion that the northern frontier ought to be better protected than it is at present in the event o* Xi'ar and the object being the reduction of the provinces of Upper and Lower Canada, I think it must be evident that the establishment of an army at Detroit, sufficient to defend that part of the country, control the Indians, and commence operations on the weakest points of defence of the enemy, would be an incipient measure indispensably necessary. With respect to the other points of attack I shall make no observations, as I probably shall have no agency in them. In considering this subject I have endeavoured (o divest myaelf of all local feelings, and grounded my obser- vations and opinions on public considerations alone. " Two things appear to me to be certain, one is that in the event of war, the enemy will attempt to take possession of that country, with a view to obtain the assistance of the Indians residing in our territory ; and the other is, that under its present circumstances of defence, it will be in their power to do it. A part of your army now recruiting 1 may be as wcl' supported and disciplined at Detroit as at any other place. A force adequau to the defence of that vulnerable point, would prevent a war with the sav ages, and probably induce the enemy to abandon the province of Uppo Canada without opposition. The naval force on the Lakes would in tha event fall into our possession and we should obtain the command of t! waters without the expence of building such a force. " The British cannot hold Upper Canada without the assistance of ti - Indians, and that assistance they cannot obtain if we have an adequate force in the situation I have pointed out " There is another consideration very important. It Will do more t< prevent a general Indian war, as far West, and beyond the Mississippi, than any other measure. The Indians cannot conduct a war without the assis tance of a civilized nation. " The British establishment at Amherstberg is the great emporium from which even the most distant Indians receive their supplies. A force at the. point I mentioned would prevent all communication of the Indians with that post indeed sir, in every point of view in which the subjecV can be considered, it appears to me of the firs^importance to adopt th<- measure." I am very Respectfully Your most ob't servant, AVM. HULl To this document is annexed a copy of a letter from me to the secretary at war, and the two documents are certified as authentic documents in the following words -. " Copy of the Original on file in the War-Ofticc." I). PARKER, Chief Cleric. Can it be supposed, after this exposition of my views of what would br, the enemy's fore*: and situation, that I could ever have taken the co mmand 33 ,:lar troops and sixteen hundred militia, to effect by means of'sucli a force, without any assistance or co-operation, the con- quest of a province, a part only of which I had represented as containing fifty thousand inhabitants ? That I could have contemplated an attack on an enemy, having at it's disposal a body of regular troops, the control over countless savages, and the great advantage of the command of the Lakes and waters ? This memorial was received and approved by the government. This in itself is proof of their adoption of its sentiments and that it was their opinion as well as mine, that in the event of a war, such an army as was put under my command could do nothing offensive, without! v c had a naval force on the upper Lakes and without a co-operation oa other parts of the enemie's territory, which should distract his attention and prevent his bringing the greatest weight of his power on a single point. A few days after I was appointed to the command of the North-western army, I presented another memorial to the President, through the war de- partment, in which I was explicit as to what might be expected from such* a force as I \vas to lead as to the necessity of reinforcements, of our com.-, marking the Lakes and the necessity of a co-operation in other quarters* My draft of this memorial I have lost in the way which I shall hereaftec explain. The existence of the original and it's general purport is proved by Mr. Knstis, who in his answer to the Gth and 7th interrogatories ad- dressed to him, says : " I have a perfect recollection of your having presented" the memorial referred to in the interrogatory I recollect he adds, your attendance by ap pointment at the war office the memorial, or that part of it which related to the naval defence of Lake Erie, was referred or com* municated to the secretary of the navy, who was present The brig Adams, which had been employed as a transport, under direction of the war department, became the subject of conversation whether she wa% (being then on the stocks repairing) actually transferred to the war depart- ment I do not distinctly recollect if that was the case, the evidence ill on record." Yet this memorial, or a copy of it I have never been able to obtain. I ?>ave applied for it to the secretary of war He referred me to the secre- tary of the navy the M-rretury of the navy to Mr. Dallas to him I appli *d and he referred me to the present Judge Advocate who knows noth- ing of it : And final!} \vh-.-n my trial commenced in this city, I addressed i letter to thn Prs^idciit of the United States, requesting him to interpose his authority, to procure me a document, which I considered so important in my defence It was, sir, too much for me to have expected an answer from the President himself, though the time was when such an answer would not have been considered as conferring too great an honour. 'J'ii'- Pr. .-sidc-ni referred my letter to the gentlemen at the head of the ivar and r:.vy departments They also would not condescend to answer my etti :r, but handed it over to their clerks. The elevation of these gentle- >nen seems to have reiulircd them giddy. I ask, would it not have com* ported with the importance of the occasion, the decorum due t 9 man arid a veteran soldier, not yet convicted of any crime i'or the secre- taries themselves to hare addressed me? But in answer to my letter, I received a letter from the chief clerk in the war office, dated February 12, 1814 with'u certificate from the chief clerk in the navy department. The letter from the war office is in the following words : WAR OfFicE, Feb. 12, 1814. SIB, Your letter of the 1st inst. addressed to the President of the United States has been referred to me In answer to which I have the honour to state, that all your communications to the War department after you were appointed Brig. Gen. in the army, have been transmitted to 1'. S. Parker, Esq. Judge Advocate of the court martial now setting at Albany, together with such others as you had required as far as they could be found on the fdes of this office. The public records of papers of the war department have been constantly within my observation and charge foi- several years past; and 1 assure you, Sir, I have never seen or heard of" a memoir pointing out the necessity of a navy on Lake Erie. Since the receipt of your letter I have carefully examined the files and enquired of every gentleman attached to the department, without being able to giv? any information on the subject." I have the honour to be, Sir, Very respectfully, your ob't sent, DANIEL PAUKEll, Clk Brig. Gen. WM. HULL, Albany. It is unaccountable, Mr. President, that a public document of this natuiv should be lost that it did exist, and was on the files of the war office, is proved beyond controversy, by the deposition of the late secretary at war, who swears, that he has a perfect recollection of it. . But a most extraordi- nary part of this letter from the war department, is that which states that the writer has had the public records and papers of the- war depart- ment constantly under his charge and observation for several years past, and yet that he never knew or heard of a memorial, pointing out the necessity of a navy on Lake Erie. Mr. President it is a fact hardly to be credited, that the copy of the memorial of the 6th of March, ,181'?. from which I made that copy which I have just read to the court, is certified as a true copy from the files of the war office by the very gen tlfmun who writes me the letter of the 14th February- Letmequol from the memorial of the 6th March, or rather from the copy certified as I have mentioned above, a passage which is in the following word* . ' If sir, we cannot command the ocean, we can command the inland lakes of our country. I have always been of the opinion that we ought to have built as many armed vessels on the lakes as would have commanded them. We have more interest in them than the British nation, and car. build Vessels with more convenience. If, however, there is no intention of the kind, that communication must be abandoned until we take possessions! uf the Canadas." When the writer of the letter had certified a copy of this memorial bul a few days ago how could he say, that he never knew or heard of a me- morial, pointing' out the necessity of a navy on Lake Erie ? I will not presume, sir, that the writer of the letter intends an equivoque, and designs that his meaning- shall turn upon the use of the word necessity. This I think would not be consistent with the solemnity of the occasion on which his letter is written nor sir, would it serve him because it is impossible to read my memoir of the 6th of March, without perceiving that I do from the beginning to the end, point out the necessity of a navy, in every sense in which the word necessity can be applied on such a subject. I am very far sir, from meaning to insinuate in the utmost degree that the letter from the clerk of the war department contains any intention of misrepresentation. His character and station protects him from such a suspicion, and as the memorial which proves the inconsistency of the letter, has been furnished, the declaration in the letter, could not. have been made with any sinister design and I have only trespassed on the patience of the court, with these observations on this subject, to shew that as the memorial of the 6th of March, 1812, has been so entirely forgotten at the war-office, the certificate from thence that a memorial pointing out the necessity of a navy on Lake Erie, was never read or heard of, there is no sort of evidence that another such may not have existed as well as that of the 6th of March. The certificate from the navy department has been read it will appear in the minutes and I shall trouble the court with no remarks upon it. In respect to this memorial, I can now only rest upon my own declara- tions, which I think when I am in this manner deprived of the benefit of the paper, I am authorised to make. It did contain a representation in the most explicit and strongest terms, of the necessity of our having a naval force superior to the enemy on the lakes, and that without it, and unless the army I was to command was strengthened by additions to its numbers, and unless it wore followed by detachments to keep open the communica- tion, and insure its supplies from Ohio, and unless it was supported by co- operations in other quarters, my army could not be able to maintain itself at Detroit, much less carry on offensive operations in the enemy's country. That such were the views and sentiments of the government as to my expedition, as well as my own, and that I was not expected to do more ihan protect Detroit and that quarter, and to keep in awe the Indians, further appear from the facts and documents to which I shall now refer. Upon this subject, I beg to turn the attention of the court to the testi- mony of General Porter. It will prove not only how pressing I was on the subject of a naval force with the Secretaries, but with the President him- self. The deposition of Captain Charles Steward of the navy, states, that interview he had \vhh the Secretary of the Navy, in tlje beginning- of Jtpril, 1812, the Secretary informed him, "that it was contemplated ttif give him the command on the Lakes that a naval force superior to the British on the Lakes, had been strongly urged by General Hull, as ettential, and as a certain means of ensuring to the army success. I beg the court to notice that it is here stated, that I had strongly urged that the command of the Lakes was essential to success. The first letter which I received from the Secretary of War after my ap- pointment, and which is dated the 9th of April, 1812, describes the force which was to be under my command ; the description of itself I presume* jpust preclude an idea that it could have been intended for invasion or con* quest ; but its objects are expressed in this letter. I am directed as the commander of that force, to " adopt such measures with the chiefs of the several tribes of Indians, as might, in my judgment, appear to be best cal- culated to secure the peace of the country." In the first letter which I received frc^m the war department, dated the 18th of June, and which was delivered to me on the 26lh of the same month I am directed to pursue my march to Detroit with all possible ex- pedition ; and the second letter from the Secretary at War of the same date, which announced to me the war. gives me the same possitive com- tnand to proceed to that post If the army I commanded, had been deem. *d competent to carry on offensive operations against the enemy, without any assistance or support, my orders would certainly have been uf a differ- ent nature. It would have been left to my discretion to pursue such mea- sures, as I might have judged most efficacious. With an array competent to make an invasion, Detroit would not have been the point from which it should have been made. A station opposite to Amherstberg, would have been on many accounts a preferable position ; but Detroit was the proper situation for the army, ibr the purpose of protecting the territory and inhabitants of Michigan, and of keeping in awe the Indian tribes. I beg- that it may be observed, that I do not pretend thai it was not con- vcmplated, that the army I commanded when I was appointed to it, might be employed in offensive operations against the Itritish in the event of n v-ar; but I am endeavouring- to shew, and I trust shall satisfy the court, that neither myself or the officers of the government, ever supposed it would be competent to act as an offensive army, unless it was assisted ami supported; or unless as was supposed might be the case, such a dff< of the inhabitants of Canada to the government, and a. union of the Indians v.ith us, should happen n the appearance of my army, as would in a gres 1 . measure destroy the enemy's means of resistance. The next letter I received from the Secretary at war, is dated the 24 1; of June, 1812. This letter informs me, that I am authorized to commence offensive operations. This w.ouldnot have been the language addressed to me upon this occasion, if the government had supposed I had a force sufli cient to commence such operations. In that case, I should have received a command instead of an authority. In this letter, the Secretary adv.,- ar y taking possession of Maiden ; but not as if he supposed I had the powoi- of douig it. I am not to make the attempt, unless the force under my com- mand, should be equal to the enterprise ; nor unless I could do it consist- ently with the safety of my own posts. The caution which it is thought necessary to communicate to me by this letter, to be limited in my assurances of protection to the Canadians, and. the notice that it conveys me that an adequate force cannot be relied upon for the reduction of the enemy's posts below, is evidence that my army was not thought sufficient to maintain itself in the enemy's country without as- sistance and co-operation. In my letter to the Secretary at war of the 9th of July, 1812 which is in answer to that I have last mentioned, in which I am told that I am author- ized to commence offensive operations, I expressed in the most explicit terms my opinion of tke inadequacy of my force to the only uflt.-nsive ope- ration which could be undertaken from that quarter My words are " 'I 'u. British command the water and the savages r do not think the force here equal to the reduction of Amherstberg you must not therefore be too sanguine." I beg the Court to remark that this letter was written imme- diately after my arrival at Detroit, and a few days before I passed into Canada of course before I had any knowledge of the fall of Miclulimacki- >iac an event which lud so decisive an influence on my ^subsequent operations. On the 10th of July I wrote two letters to the Secretary at war, both on the subject of provisions for the army I mentioned to him in the first that the contractor could not furnish the supplies on account of the lakes being closed against us by the British naval force In the second letter, I reitj crate the same information, and also inform the Secretary that I have made a new contract for provisions, which as they cannot be transported on the lake, must be carried on horses from Ohio through the wilderness. My letter concludes with these words : " The communication must be secured, or this army will be without provisions. Troops will be absolutely neces- sary on the road to protect the provisions. This must not be neglected. If it is, this army will perish by hunger." The receipt of these letters is acknowledged by the Secretary at war in his letter to me of the 26th of July, 1812. To this letter from the war de- partment I wish particularly to direct the attention of the Court. It shews that the Government well understood the situation of my army, and how much it stood in need of assistance and support. By this letter I am informed, that Governor Mcigs has been directed to furnish troops to guard the road and insure the transportation of provisions, that General Winchester had been ordered to reinforce me with fifteen him dred men that a force was collecting at Niagara that the commander in chief would be apprised of my situation, and directed to take measures to jilford me the necessary support. It is not my intention at this moment to shew that none of the expecta- tions which this letter authorized, were ever realized. I now refer to it : ".cd to prove that the pfficcrs of the exQcutive govern- 3S ment must have considered my army, situated as it Was, incompetent to carry on of itself effectual operations against the enemy. In my letter to the Secretary at war of the 19th of July, are the following paragraphs. " If you have not a force at Niagara, the whole force of the Province will be directed against this army." It is all important that Niagara should be invested all our success will depend on it. There has been read by the Judge Advocate a letter from the Secretary at war to me, dated the 1st of August. This letter I never received. It however shews no less on that account how necessary it was thought that a decision should be made in favor of the army I commanded. I therefore ex- tract from it the following paragraph. " On the 26th July your letters of the 7th and 10th were inclosed to General Dearborn, with a copy of mine to you of the 26th, accompanied with a request that he would make a decision in your favour. The General roust have received this letter at Albany. My the mail of this evening your's of the 29th is inclosed to him, with an instruction to make a diversion, ut Niagara and Kingston as soon as practicable." In another letter from the Secretary of war of the 1st of August, ho ac- knowledges the receipt of rny proclamation to the Canadians. I now refei, to that proclamation merely to direct the attention of the Court to that part in which I say " that the force I commanded was but the vanguard of a much greater" I do this to shew the confidence I then had that the corps I com- manded was to be reinforced and supplied. On the 20th of August the Secretary of war addressed a letter to me which 1 did not receive but from which 1 here quote a paragraph to shew how necessary he thought co-operation was for my support The paragraph is in the following words "Orders have been given to General Dearborn to iittuck the enemy's posts at Niagara and Kingston us soon as may be prac- ticable. Our force at Niagara, according to Ccncral Dearborn's account, will amount to twenty-four hundred and he will notify you of such move, ments and operations as he may order." It is from these documents which have all been introduced by the Judge Advocate, that I prove what I have undertook to do that when I took com- mand of the north vestcrn army, it was understood by the Administration, as well as by myself, that in the event of a war with Great Britain, my force was to be augmented that my communication with the State of Ohio was to be preserved by troops from that quarter that the Lakes were to be commanded by us ami that my operations were to be facilitated by divis- ions on the frontiers below me. The Court will hereafter perceive what an important influence a disap pointment in nil these particulars had on the t\eiits under consideration and will not therefore 1 hope think 1 liavc uselessly trespassed on their time by detaining them so long on this part oi' the subject. I cannot, however, omit one farther remark. ) would ask the Court it subsequent events do not exclude a supposition that the Administrate! expect that my army was in nil events : !!' adcqunU- to tj : . 30 and conquest of the enemy's Country unless it be admitted that there waa an entire ignorance of what was necessary to accomplish these objects foi' vc have since sccu General Harrison with an army more than quadruple to that which I led, for more than :i year threatening the enemy on the same point where he was invaded by my army and though ten thousand troops were co-operating 1 with him on the points where I had been led to expect co-operation yet he had not dared to set his foot on the enemy's shore 'till a ftcr our glorious naval victory on lake Erie ;ind was then obliged to con- tent himself with the possession of no greater territory than his troeps could cover. I must entreat the Court before I proceed to the consideration of other matters to indulge me with the repetition of a remark which is so necessary for the understanding the subsequent parts of my defence, that I am anxious to impress it on their minds. It is that though us I have said, and I trust I have proved it was understood botli by the Administration and by myself, that the force which I commanded would not in all events in case of war be competent to the invasion and conquest of Canada yet both the officers of tlie Executive Government and myself did contemplate that in certain events I might with the army which I led subdue the enemy's posts in the Upper Canada It was contemplated and believed that there would be a very general defection of the Inhabitants of that Province and that many of them would arrange themselves under the American Standard and it wa 1 -. also contemplated and believed that it would be possible for me to draw from them the aid of the Savages. When I landed in Canada, and previously to the fall of MichilimackinacJ there was every reason to believe that these expectations would be realized' Cntil that event took place, of which the enemy had notice about the 2nd of August, I had those sanguine hopes of success which I had expressed in my proclamation and in my communications with the war office But after that: misfortune, the .scene was entirely changed; from that moment I saw tha' although it was possible that I might obtain temporary advantages yet th:r. they would eventuate in the greatest disasters, unless 1 was aided and sup ported from other quarters. Thus gentlemen I have endeavoured to shew you that I took the command, under the expectation that in the event of a war, the operations of my army would be assisted by a competent force upon the Lakes by detachments to keep clear the communication which I had opened through the wilderness-- and by the co-operation, or at least such a demonstration of force against: other parts of the enemy's territories, as would prevent his directing all his i-iu-rgrcs to the point where I might meet him But it unfortunately hap- pened that none of these expectations were fulfilled. The effects of these disappointments will afterwards be considered. The Court then adjourned to meet tomorrow morning at eleven o'clock, Wednesday morning, Jfarch 16th t 1814. The Court met pursuant to adjournment present all the members. General Hull appeared in Court : Capt. II F Hull'-; affidavit read by General Hull. 40 Oeneral Hull then proceeded to read his defence as folkn"3 - I now assume my vindication of the measures which form the most proilfi- inent features in my accusation ; that is to say the delay at Sandivich, the retreat from thence, and the surrender at Detroit. It is necessary for me to explain tlie views and intentions I had, when I yielded to the importunities of my officers and crossed to the enemy'^ country. It must be recollected that the orders I received in the letter of the 18th of June, which announced the war, directed me to proceed to Detroit and there to wait for further orders. Finding that an impatience to cross, had hcen excited in the army, which was likely to be extremely injurious to my authority and the discipline of the troops, I called a council of war, and laid before the officers, the orders by which I was then bound, and asked their advice, as to the expediency of crossing 1 . The council, notwithstanding my orders vere of opinion that I ought to cross. I did not feel myself at liberty to follow their adviec, and determined not to do so. But on the same day I received (he Secretary of war's letter of the 24th of June, in which he says ' Should the force under your command, be equal to the enterprize, and consistent with the safety of your own posts, you will take possession of Maiden, and extend your conquests as circumstances may justify." I did not think the force under my command equal to the conquest of Maiden, nor did I think that with such a length of line of communication as it was requisite for me to keep open, I ought to make the attempt. My letter to the Secretary at war dated on this same 9th of July, which I have already quoted, expresses this opinion of the incompetency of my force* in terms not to be misunderstood. Yet as soon as I had received this las^ mentioned letter from the Secretary, I determined to take post in the ene- my's country My reasons for this determination were that I hoped thereby to satisfy the impatience of my officers, and preserve the confidence of my army, which, expressions of discontent were likely to impair I should command the straights, and thereby prevent the enemy from sending suc- cours to their northern posts, or carrying on the important trade of their north western company. I knew that it would have a. great effect upon the Indians, to shew them the American flag, flying on both shores ; and J hoped, by establishing myself at Sandwich, to facilitate and increase the defection to the British. Standard, which had manifested itself among the inhabitants and militia, and their Indian allies. My views in taking post in the enemy's Territory, are expressed in my letters to the Secretary of Wai- Sir, my letter of the 9lh of July, I had as 1 have above mentioned told him I thought my force incompetent to attack Maiden. In my letter of the irth, writtenfrom Sandwich, I say " I consider the possession of this bank ashighly important by erecting one or two Batteries opposite the Batteries at De- troit, the river will be completely commanded. In the rear of the army on the Detroit river, Luke St. Ciciir, and the river Lc French, is a populous and valuable part of the province. It is likewise probable, when the Indians scr ^he American Standard on both M<-T"<: 1V riv-r. : ' will have* "> t'i-ni:"i1i' rflfrrt." I intended, n.eve:ahele.Mi, without loss of time, to make preparations for jnitting- in a State of service, my field Artillery, for an attack on Maiden; ind whenever thut should be ready, and I should, find that the enemy's force \\.is most likely to be further weakened by desertions, I would make the attack, if I had a prospect of co-operations and support from below with- out which I thought, and I think recent events will prove -that I thought correctly, I could neither preserve my own posts on our side of the river, or that which the enemy then possessed, if I should be so fortunate as to wrest it from him. My officers, however, were not less importunate for proceeding imme- diately against Maiden, than they had been to cross the river. I felt my- self compelled to yield to their importunity, and had appointed a day for the attack. But before that day arrived, I received intelligence that de- termined me to postpone the enterprize and to recross to Detroit. As preliminary to my vindication of these measures, it is important to consider what numerical force I could command when I crossed into Canada, it's nature, and the probable force and strength of the enemy. In every stage of this trial, I have felt as a great misfortune, the want of that documentary evidence, which might be expected from me. This arises from the loss of the Packet which sailed from the Miami and from ihc more recent loss of all my baggage, and most of my papers. When I left Detroit a prisoner, I left my baggage with my daughter Mrs. Hick- man, to be carried to my house by her. She soon after embarked in the enemy's brig- Adams for fort Erie. On her arrival there, she was peiv mitted to go to BufFaloe, leaving her own and my bag-agge on board the- brig. The same night the brig was taken by Commodore Elliot, re l aken by the enemy and burnt, with all my baggag-e on board. This 'oss of my documents, has left the witnesses who testified against me, to ^peak on many important points, from estimation and conjecture and lli TV seem to have availed themselves of the liberty, so as always to make 'lv\r estimates such as would be most against me I shall myself be V:i!igi.'il often to speak of numbers from conjecture and estimate but when T do so, I shall endeavour to present to the court the data on which my Mtes were founded. -M.vjor .Ji .-.isup, the Brigade Major, says, that we moved into Canada v'.tli sixteen or eighteen hundred men now neither the Michigan Legion, 6r the Michigan militia crossed with the army into Canada, and besides, there were, us the court will recollect lias been testified by several of the witnesses, a portion of the Ohio volunteers who refused to cross, this nuiv.br i- was :..bout 180. Major Jesaup further testifies, " That some : .n August, a few days previous to leaving Canada, he was call- ed into a council of war to explain a report of brigade, and that there were li^hU n hundred effective men in Canada and at Detroit. The Michigan Legion were inciud-,1 in the 1800, but the Michigan militia, vi-*"?e not." theva v/cre but 1800 belonging to the brigade at this time, in- ' r ^' "'"' -^h me in Cscnadn, -3- at D^roit, and incldd- 43 Ing tlie Leg-ion, how could 16 or 18 hundred have crossed \vitli me At the time that this report of Major Jessup's was made, we had lost but tew of the troops that had crossed, and from the amount which he gives of the whole forces at that time, to ascertain what was the number that crossed, must be deducted the Michigan Legion and the Ohio volunteers iliat refused to pass the river. This will leave an amount nuch short of the sixteen or eighteen hundred, with which Major Jessup says we pass ed into Canada. The court will rcmerstier tha" by a muster-roll and return, made at fort Findly on the *6th of June, which Iras been exhibited by the Judge Advo-' <.ate, the whole force, which I then had under my command, amonntcd to 1,950. I was obliged to leave detachments at M'Arthur's block house, at ibrt Findly arid at the Miami. There were, aoout forty invalids taken in Mie vessel that sailed from the Miami. I left some sick at the river Kai- sin, and the whole- force with whish I arrived at Detroit, I am convinced, did not exceed 1500 men and T am confident, that the force with which i passed into Canada, did not exceed fourteen hundred. What proportion of liie militia which I had with me at Sandwich would have been effective t lead against the enemy, the court may judge fro-m general experience. Major Van Horn has testified that when detachments were ordered, if v. as always found that not more than 1wo thirds, of the command ordered ...ould be marched. I do not believe that at any time I could have led 13G(* effective men against Maiden, of these there was only Col. Miller's regiment: ;f less than three hundred, that had seen any service The rest were Mi- .li:v, who though, they were very ardent and patriotic in their expressions, had had no experience, and neither nu-n or officer.-; had ever been tried. It is not extraordinary that I should have felt some want of confidence in these raw-troops for such a contest as we must have expected before Maiden,. when it appears by the testimony of Col. Miller, that their own officers v. ere not willing to be responsible for their firmness in an assault. CoJ. Miller states that in r. council in which the propriety of attacking Mai- den was discussed, at which Oen. M' Arthur, Gen. Cans and Col. Findly H'ere present, " Gen. Hull said, if we would answer for our men, he would 'rad us to Maiden. I told him I would answer for the men I commanded but the others said they would not be responsible for their men, but be- lieved they would behave well." I know sir, that it may be said that my proclamation to the Canadians und my letters to thf secretary at war, hold a different language. Th:r in these I speak witli confidence of attacking Maiden, and of the exec:-, lence and sufficiency of my force. And I presume the specifications rcfel* to my proclamation and to these letters, when they allege that I had de- clared and avowed my intention of attr.rking and subduing Maiden, f <-annot conceive that these declarations CI.M! j prove me guilty, if my mea- sures without them, would not Iiare i.-^n ;:o I do not see that they can : any way be made the test of the propriety or impropriety of the- course / pursued. It would be hard indeed, it' i\ r'.-y general were to be judged Criminal, who did not aoOTplish aff the intentions he may hare avowed 43 '*. i:>. > ^ould be a rule, which I presume, there are tunny getie rak would \\* f consent to establish. If it were adopted, no change of circumstances would justify the relinquishment of a design once formed. 1 think, when it is considered under what circumstances -my proclamation was published, it will not be thought just to adduce it as evidence against Tnc on this occasion. I was then in an enemy'i country, the inhabitants .of which were sufficient, independent of his regular force, which was establish- ed near me, and of his Indian allies, to overwhelm the army I commanded. I had no prospect of even maintaiiiing myself, much less of making con- quests, unless I could induce a great portion of those inhabitants to for- sake his standard. It was incumbent on me to use all means to deprive *iim of aid from the savage tribes. I knew that these two objects could only be effected by representing myself as having the utmost confidence "in the force I commanded, and that it was able to overcome all opposition. With these views I published the proclamation. And indeed the force I commanded would Aave been equal to all I represented, had the same spirit of desertion and defection continued, which had manifested itself in J he enemy's country, when \ve first invaded Canada. But unfortunately before we retreated, all calculations founded on this i>asis had failed. In my letters to the \var department, down to the latter end of July, I spc*k with confidence of attacking Maiden whenever the field artillery shall be prepared. .Hut I beg the court to recollect, that this confidence wa<: grounded upon the expectation that 1 then entertained, that the enemy would be weakened by the desertion of his militia, and the abandonment of the Indians. In all my letters which speak of the intended attack, T. mention also the daily desertions from the enemy's standard. That I did Tiot rely on the competency of my own force, until the enemy's should bn reduced, must appear from my letter of the 9th of July, to which I have 5 more than once referred. About the first of August, we received the account of the fall of Michil- ".mackinac. On the fourth I wrote a letter to the secretary from -which ihe following are extracts : " At the time the army under my command took possession of this part of the province of Upper Canada, every thing appeared favourable, and all the operations of the army have been successful. Circmstances have .since occurred which seem .materially to change our future prospects. The unexpected surrender of Michilimackinac, and the tardy operations of the army at Niagara, are the circumstances to which I allude. I have every reason to expect, in a very short time a large body of savages from the North, whose operations will be directed against the army." After these observations I do not believe that the court will think that _t is to be justly inferred, either from my proclamation, or from my letter*;, ihat I considered my force under any circumstances which existed before \vc left Canada competent to the reduction of Maiden, The force of the enemy, Lieut. Forbish ?':.< cs wp? towards the hi- July about 1?0 regulars, and 5oO militia. The Imiiau iorcc could be ascertained with any precision it could not have been less than near u thousand. I always supposed the enemy's force greater than this infor- mation makes it. But whatever may have been the force of the enemy, it must have been estimated as very considerable by some of my officers as veil as myself. The court will recollect, that when I made the detach- ment under Col. Van. Horn to the river Raisin, and Cols. Cass and M' Ar- thur remonstrated with me against the sufficiency of this force, they each proposed to go on that expedition with his regiment. If the enemy had not appeared to be somewhat formidable to them, they could never have advised me to make so large a detachment as six hundred men, on a tservicc, in which they could only have expected to meet a small part of ?iis force. Col. M'Arthur has offered other evidence of his opinion of the power of the enemy. For when I proposed to leave him with his regi- ment on the Canada shore, he charged me with having an intention to sacrifice him, by leaving him with such a force at that post, although he would have been in an intrenched camp, with artillery, where he would Slave had also some protection from the guns at Detroit, and would be in reach of instant support from thence. The fort at Maiden I was well acquainted with. In time of peace I had often been in it. I knew that it was capable of being made a place of strength, and that in contemplation of a war, the British for some time, liad been using great exertions to put it in the best possible state of de. .tcr.cc. I knew for near twenty years a field officer had commanded, and nbout an hundred regular troops had constantly been stationed in it, and shat there ahvuys Lad been a regular corps of British artillery attached to die command. The question was, whether the troops I had under my command, so few of \vhom had ever been tried, I was to attempt to carry this fortress with the bayonet ? For myself particularly, when I consider- ed what would have been the consequences ot :m unsuccessful attempt, I Jiad a strong conviction that it would be wrong to make the effort, until .aid have the advantage of heavy artillery. But finding that many of my officers who had seen r.o service, were impatient i:t delay, and were destroying my influence with the army, and its discipline, by their complaints and censures for their satisfaction, and not tor my O7n, nor for my o-vn jiifitfcaiion, two days after I crossed, that is, on the 14th of July, I called a council of war, in which it was decided that no attempt ought to be made on Maiden, without the heavy artillery. My utmost exertions were then used to get in readiness the t\vo twenty-four pounder' iind two howitzers which were at Detroit. Carriages were to be made for 'hem entirely new. Though a delay in these preparations is one of the charges made against me, not a witness has attempted to support it. In- <k-ed, gentlemen, I dare appeal t ( o every officer who was with me, sr.d vho is willing 1 to speak the truth, whether I did not use all possible means,, and make all personal exertion to accomplish as speedily as possi- ble this desirable obJ2ct. I several times crossed the river myself, to in- spect and 1} aster the artificers. I ordered plank to be taken off my own 10 house to furnish a necessary part of the materials for the gun Capt. Dalliba in his second examination states, that he received an order io prepare the heavy artillery, after the army had crossed to Canada he thinks it was on the 15th or 16th of July. My recollection is that thr order was give on the 14th, that is, the day after we crossed, and on the very day that the council of war advised that the attack should not be made without the heavy cannon. From that time it is not pretended there was any delay in preparing 1 them for service, and could not have been, with- out the fault of the officer who was trusted with the service. Until we crossed to Sandwich, the artificers were employed, as appears by the testi- mony of the same witness, in mounting the guns of fort Detroit. I beg the court also to notice the testimony of Col. Miller on this point. He says he fa\v no want of exertion in preparing the artillery. The necessary field artillery was not prepared until the 7th of August. Two days previ- ous to this I had called another council. The members determined i' would be adviseable to wait two days for the artillery, and if it was not Ihen ready the attack ought to be made without it. I did not concur in this opinion. Indeed, the opinion of the officers in this and the former council, appeared to me inconsistent. For if, according to the decided opinion of the first council, it was then improper to make the attack with- out heavy ordnance, why was it not as necessary, when the last men- tioned council sat ? And if it were proper to wait two days for the artil- lery, according to the opinion of the last council, why was it not proper to wait longer ? It may be said that between the first and second council, the enemy's force had diminished by desertion. No doubt it had as to numbers great part of the militia had left them, and many of their Indian ;dlies, but the fort of Maiden retained all its strength, and there was no ioubt but that their regular force (of which not an individual had desert- ed) and their remaining militia, was sufficient to man it. Indeed, rein- forcements had arrived from fort George, both in the brig Hunter and one other vessel. At this council I found that nothing would satisfy my offi- cers or the army, but a movement towards the enemy. 1 felt myself ohlig ed to yield to the advice of the council, and did, as Gen. Cass has testified, ieclared that I would lead the army against Maiden, as soon as the heavy artillery should be completed. My opinion was that an attempt on Maiden should never be made until ihere was an absolute certainty of success. This opinion was founded not only on considerations, which I shall hereafter mention, but upon the order I had received from the war department in the Secretary's letter of the 24th of June, which I have so often quoted and by whicli I was directed not to attack Maiden, unless I judged my force was equal to the enterprise, fior unless I could do it consistently with the safety of my own posts. I thought by delay, I was every day strengthening the probability of success :u the enterprise because the force of the enemy was daily diminishing by *he desertion of his militia and Indians. I' ut I thought myself bound to delay, till I had possessed myself of even 46 possible means of ensuring success, from a consideration of what would li- the consequences of a defeat. The army would have been destroyed, if not by the tomahawk of the Indians they must after a defeat have perished for want of supplies. A defeat would have been tlie signal for all the hordes of savages in the surrounding wilderness, to fall upon the unsuccessful troops. Every path would have been filled with those remorseless warriors But it was not only the fate of the army that I anticipated on such an event the horrors tha* it would let loose on, the neighbouring country and throughout our exten- sive borders, were presented to my mind. I knew that if the army I com- manded were beaten in battle, there would be nothing to restrain the save ges of that part of our enemy, which, when a battle is decided in their fa vour, makes the vanquished and their defenceless country and people their prey. In the ungenerous letter which Colonel Cass wrote to the Govern- ment, (and which as I think, was most unwarrantably published, he seems to think, that these arc philanthropic considerations, unworthy : soldier. But sir, though brought up in the field, and though I have seer something of the horrors of war, I am not yet such a soldier, as that I car think of such scenes with indifference. When I considered .what would be the condition of the territory over which I had so long presided, and over which I was then Governor, in casu the force I commanded, should be beaten in battle, and the inhabitants be left to the mercy of the savages, without any stipulation or force for theii protection I thought I should deserve the heaviest curses, if I risked n. battle before { had taken every means in my power to insure victory. These were the considerations that induced me to resist the urgency o- ( jnv officers to move to the attack of Maiden, till the 8th of August. Iv hud been ascertained on the sixth, that the cannon would be done on UK eighth and on the sixth I issued an order for the army to prepare to move- to the attack, on the 8th. Every tiling was in readiness for the enterprix< on the 7th. But on that evening I crossed with the whole army to Detroit except a detachment of about three hundred men, under Major Demi}-, winch was left intrenched at Sandwich, and which was also moved over on the- llth. This retreat from the enemy's shore js one of the acts of Treason, COM ardice, and unofficer-like conduct, of which I am accused. I proceed to submit to your consideration, my answer to this accusation, and the ren. sons which then governed my conduct, and which I yet believe to have been correct. About the 1st of August, as appears by a letter of the 4th, I received a:: account of the fall of Michilimackinac, Lieut. Hanks with his men, and some Indians had arrived at my encampment. The effect of this great misfortune wns immediately seen and felt in the vicinity of my post. The \Vyandot Indians settled at Brownstown, \viio had previously shev.u the most friendly dispositions, and given the strongest assurances of their nei: - 'rality, joined the British. For though they p?,srcd over Tinder t! i having 1 been made prisoners, the circumstances which then oc curred, left no doubt but that they had formed an alliance wi'Ji the enemy' This procedure of this tribe of Indians was not only evidence of the ir own, but of the defection of the surrounding nations, who are all united by some sort of confederacy, in which the Wyandots have a superior influence t hat is acknowledged by the other tribes, speaking- of them as their Fathers. When therefore I learned that this nation had joined the standard of the enemy I knew that the Chippeways, Ottaways, Pottawottamies, Munsees, Shawonees, Senekas, and other tribes, who altogether could furnish between two and three thousand warriors, would also be an addition to his force. At the same time I received intelligence as appears by another lettered' mine to the Secretary at war of the same date (4th of August) that a Brit- ish officer, with 55 regular soldiers and two brass field pieces, had landed on the west part of Lake Ontario had penetrated to the head waters of the River Le French, and was collecting the militia and Indians in that quarter, to lead them against my army. From the information I had rc.- ueivecl, I had reason to think, and so I mention in my lettter to the Secre-r '.ary, his force would amount to six or seven hundred. The fall of Mich- Timackinac also changed the disposition of the inhabitants of Canada and ! rom the time that accounts were received of that event, there were no more of their militia came over to us. I had also been informed of the ar- i ivul of the British Col. Proctor at Maiden, and it \ras generally believed That he had brought with him some reinforcements, as. well naval as milita- ry. To the enemy's naval force I had nothing to oppose. By it, the enemy might command the Lake obtain his supplies without the least in- terruption transport his troops at pleasure and co-operate with land- ;novcments on the margin of the waters. I had :tlso intercepted a letter from a Mr. M'Kenzie at fort William, te a Mr. M'Intosh at Sandwich, dated the 15th of July, from which the follow ;' are extracts. " The declaration of war reached us on the 16th instant, but we arc neither astonished or alarmed. Our agents ordered a general muster, which amounted to 1200, exclusive of several hundred of the natives. We arc now equal in all to 1600 or 1700 strong. One of our gentlemen started on the 17th with several light canoes, for the interior country, to vousc the natives to activity, which is not hard to do, on the present oc. casion. We likewise despatched messengers in all directions with the news. I have not the least doubt but our force will, in ten days hence, iimount to at least five thousand effective men. Our young gentlemen and engagers, offered most handsomely to march immediately to Michilimack- inac. Our chief Mr. Shaw expressed his gratitude, and drafted one hun- dred They are to proceed this evening for St. Joseph's. He takes about :is many Indians : could the. vessel contain them, he might have had four housand more. It now depends on \vhat accounts we receive from St. ,'ioseph's, whether these numerous tribes fr^m the interior will proceed to ^. .1os"T>h's or not-'' At the time that this intercepted letter fell intpiuj .^.m.^ 1 w:ts informed by Lieutenant Hanks, that before he left Michilimackinac, several agents oi ;he North-West Territory had arrived at that post after its surrender from fort William on the north side of Lake Superior, who stated that a large force of Canadians and Indians were collected at fort William, ready to descend the lakes and that there was also a force of the same description collected at the outlet of Lake Superior. I was further informed by Lieu- tenant Hanks, that immediately after the surrender of Michilimackinac, which was on the 18th of July, the British commander had sent an express to Little York, and it was supposed that on the return of the express all the forces which had been collected and were collecting in the northern regions, would be ordered to Maiden. The death of Lieut. Hunks deprives me of the benefit of his testimony. Bat this is sufficiently supplied by the -ividence of Mr. Stone and Doctor Day, gentlemen who were at Michilimackj mac when it surrendered, and who accompanied Lieut, Hanks to my head quarters at Sandwich and Dr. Day was present when Lieut. Hanks made the communication to me. It may be said that this information ought not. to have had any influence upon my conduct, because the northern Indian - rould not, and in fact did not arrive in a. great length of time. I presume that no testimony is wanting to prove to this court, that from the points where they were collected, they might have descended in a fcv: nays. The savages of our country have an advantage of all other troops in -he celerity and facility with which they make these movements. Tnese 'oo wei'e to be added by the means of the Xorth-West company, which were particularly adapted to transportation from the nature of their trade <pon the waters of the lakes. As to the fact that the northern savages did not arrive at -Maiden until long after the surrender the testimony of Capt. Eastman is that lie remain- d at Detroit 24 days after the capitulation that the Sasganau Indians, .'/ith about 60 warriors, arrived three days after the surrender that the Michilimackinac Indians, with about eleven or twelve hundred warrior*, arrived about the 10th or llth of September. It may be well to remark here, how formidable this force proved to k?. although it was but a small portion of that which would have eome had noi Detroit been surrendered But can it be concluded that this force woult'. not have arrived earlier, had not intelligence of the f:dl of my army re::rhc< .hern, which it must have done, u few days after the ':vt-nt happened. When ,nformation cf so many adverse circumstances had ixached me from va :',ous quarters, the fate of my army appeared iuevitabk:. I had bir jne of two courses to pursue, and either seemed to ir.e almost a dcs perate alternative. I must either advance or retreat. If 1 had .-.othing that I was to regard, but the power of the enemy, 1 had no doub; out that I ought to have adopted the former expedient. 1 was obliged 1c consider the effect a retreat would have in im own <-.m;p. The Youn- and inexperienced officers I had under my c 49 T that XFSS rot immediately before their eyes ; who thought and said that they were very brave ; but who, with a few exceptions, do not know it, to this day, from any trials of their courage who despised all pre 1 - cautions, and thought all generalship consisted v.\ inconsiderate and impetuous advances ; I knew well, would pursue the conduct which Micy afterwards did and by representing- a retreat as proceeding from the most unworthy and unjustifiable motives, destroy the efficiency of my army, by robbing me of it's confidence. The Cabals which had risen to such a height as to mature a plan of mutiny, in which my chief officers were to be the ring leaders, could not be entirely concealed from me although, until I saw the confession published to the world by one of the conspirators, I did not know the extent of their design. Under these circumstances, dangerous as the attempt on Maiden ap- peared to me to be, I thought it might be less so than a retreat. I determin- ed to attack Maiden and on the 6th of August, issued orders to have, every thing prepared for the movement of the army on the 8th ; and gentle- men, there is no part of my conduct, since I have been a soldier, that 1 reflect upon, \vilh so much self conviction of error, as I do upon this. I look back with regret upon the moment, when I yielded to the councils of the inexperienced officers I commanded, and determined to make an attempt which my own judgment did not approve which was contrary to all mili- tary knowledge and which even eucccss might not justify. I thought, however, it was possible that if I were successful, and could possess my- self of the enemy's fortress, I might possibly maintain myself there for some short time and in that time, I hoped I might have some succour and security from my own country and her armies, that I had been led t expect, would be operating below me. On the Ttli of August, every tiling was ir, readiness for the intended movement But on that day at' about one o'clock, an express arrived with letters to me from the comanding officers on the Niagara frontier, two from M;j. Gen. Hall, and one from (icn. P. 15. Porter. These letters v.-ere sent to me by express to inform me that a large force from the neighbourhood of Niagara was moving towards my army. But, what \vas more decisive \n its influence on my measures was, that I learned -;, tlut I vras not to expect that these movements of the enemy were to be checked, or that my army would be sustained by any operations against the enemy in any quarter. I found that the invasion of ''a-iida ar.d the whole war, were to be carried on by the 300 regular troops tinder Col. Miller, a:id the 1200 or 1400 militia which had been placed under my comnvtn-J. I must here again beg leave to turn the attention of the court martial to 'he correspondence between the Secretary at war and myself, lo remind the court martial of th: reasons 1 hr.d to expect supplies, assistance and ^-operation, when I took the command of the Xorth-westem army~ when I received these letters from Gens. Hal} and Porter, my situation ie embarrassing and distressing to a great degree. I had, but a fe\v before, with what reluctance appears ti#w the testimony ef ttn. 50 Cais, yielded to the importunities of my officers, and given them especL;- tions that I would lead the army against Maiden. 1 had issued orders fa- making' the necessary preparations, and fixed a time for the movement. I knew well, what would be the effect of disappointing- the expectations which these measures had raised. But HS Gen. M'Arthur has testified, I told him, as commander of that army, I felt myself responsible for it's inavements and it's /ate. Under an awful sense of that respons.bility, I de tennined to recross the river with the greater part of the army. In making this movement, I had no design of relinquishing the attack of Maiden. My intention was to t:ike post at Detroit, and tliere to wait until some na- val force on the lake, and a co-operation from below, which from the be- ginning I had relied upon, and which the letters I hud received from Gens. Hall and Porter gave me reason to expect would commence at some future, but probably distant period, afforded me some hopes of success, and of advantage from success. My further intention was to concentrate my forces at Detroit, that I might from thence open and secure my communication with the State of Ohio; upon which, in my judgment, the- salvation of the army depended. This consideration had so much influence on my measures, not only at. Mils time, but throughout the campaign, and in the final surrender, thai: it will be proper to present it to the court in such a view as that they may judge of its importance. From Urbanna to the Miami of the lake is a perfect wilderness. Through tliis wildeniesa, a distance of 120 miles, and through a country of which, the Indians were the inhabitants and proprietors, the army had to cut a road when they advanced; and it was the only road by which supplies oi" any kind could be received. From the Miami to the settlements on the Detroit river, the country is little better than a wilderness, there being- only two or three little settlements along the Detroit river the country is partially cleared and cultivated. The improvements extend from half a mile to a mile back from the river, and in part of these improvements, on the margin of the streights, is the road to the town of Detroit. Thr whole country from Vrbanna to the town of Detroit is filled with savages ; all of whom, with very unimportant exceptions, became hostile to us, uiul infested every part of the road which was not protected by an armed force. From the Miami to Detroit, a distance of 72 miles, the road runs so near the waters of Lake Erie and of the Streights, that the enemy having the command of these waters, could with the greatest facility transport from their shore, and from one point to another, detachments to intercept the communication. Their vessels too, would always afford them a securer retreat in case of disaster. There were in the whole Michigan territory kss than 5000 white inhabitants, about 2000 of whom were settled along- the Detroit river. The soil, though fertile, was but.little cultivated ; the inhabitants greatly relying for their support upon the supplies of fish and venison, which the woods and waters afforded. The territory lias never furnished sufficient provisions for it's owj\ inhabitants. There arc annu- ally, as appears from the testimony before you, large riuantities of pork 51 iad beef brought in from the state of Ohio, and notwithstanding the testX- mony of some of the witnesses, I assert, that, at the time the army was in Jhat quarter, they could not have taken the ni-cessary supplies from the Country, for any length of time, without distressing- the inhabitants. It has been proved, that even in time of peace, the few troops who were stationed at Detroit, were fed by supplies from Ohio. The country must afford insufficient provisions for an army, or there could have been no ne- cessity for furnishing G. Harrison from the western states at the immense expence which his supplies have cost. The testimony of Gen. M' Arthur affords some evidence of the state of the country in respect to provisions. He stated that from the morning of the 14th of August when he marched from fort Detroit with a detachment, until the 16th, when they met with and killed an ox; in a march of near 30 miles; he saw nothing that was food for man, except some unripe corn and some honey. The opposite shores of the enemy were not more productive in supplies. The whole of the country bordering on the streights and on the Lake is a wilderness, except the settlement at \mherstbcrg and a very thin population on the banks of the Detroit river, and a small place on Lake Eric, known by the name of the New Settlement. Above, on the river French, at about the distance of sixty miles, is the most fruitful and valuable part of the country. Independent of these settlements, which had been exhausted by the two armies, the whole is wilderness : after the fall of M ichilimackinac, when all the hives of Northern Indians became hostile, and were let loose upon us . when the North-west company, as appears by the letter of Mr. M'Kent- zie, had arrayed against us their numerous retainers ; and when the naviga- tion of the upper, as well as of the lower Lakes, was free to the enemy, no supplies could have been obtained from the river French, or the bordering- Country. It must be remarked that from the time the army arrived at De- troit, not one pound of provisions had been received from the moment the declaration of war was known to the enemy, he had intercepted the only line of communication, and thus cut off all supplies. It appears from a return made on the day the army arrived at Detroit, .md which is mentioned in the minutes of a council of war, held on the 9th, that there were then in store 125,000 Rations of Flour, and 70,666 Rations of Meat. This stock, as it was never replenished, must have been proportionably exhausted, at the time of the retreat from Canada, and at the time of the iinal surrender ; and indeed would have been entirely so, had we not drawn, as far as we could, our supplies from the country ; which every day became the more stripped, and the less able to afford them. A return made to me by the contractor on the 25th of July, shews not only the quantity of provisions on hand at that date, but it shews, by a com- parison with a return of the 9th of the same month, the rate at which the provisions were consumed. This return has been proved and read in evidence .; it is as follows, l; Provisions cm hand at Fqrt Detroit, 25th JuTy. 181:.?." > 0,000 Rations Flour, 21,000 salted Meat, 100,000 Whiskey. it nas been said by Generals Cass and M' Arthur, uiul by other witnesses, that they never heard complaints of a want of provisions this is certainly true : there was not, previously to the surrender, an actual want or deficiea- ;y of provisions ; our stores were not then entirely exhausted, but there was a certainty that they would soon be so. Such then was my situation when I determined to retreat from Canada. 1 had above me hordes of hostile savages ; I hud below, an enemy in a for- tress, which I believed to be a work of strength, and sufficiently manned for its defence ; I found that he had been left at liberty to augment his force by drawing his troops from all other points. I commanded an army, the troops of which (except a few regulars of the 4th regiment) had no expe- rience, and had never been tried ; and this army was officered by men, the thief of whom had not hesitated to express, in the most indecent terms, his want of confidence in me. I was told that I must not expect any co- operation or assistance. I saw that my provisions would be soon exhaustedj and that neither my own nor the enemy's country would afford supplies for any length of time : I saw that my only communication was cut off, and unless it were opened, the army would be subdued by want. Under these circumstances I determined to recross the river, take the principal part of the army, not with an intent, as I have said, to relinquish the enterprize against Maiden and the upper province, but to wait for a co-operation and assistance, which might aflbrd more favorable prospects, and in the mean time, which I considered a duty of the first importance, to open the communication by which I could obtain supplies. An attack on Maiden was an alternative, which as I have said, presented itself to my ; nind, it was one which I had the most powerful inducements to adopt ; I well knew what rewards of honor and glory awaited an achievement which my country had been led to expect, with so much certainty and anxiety; I knew what were the expectations of my officers, and what resentment a disappointment would create ; I knew a retrogade movement would expose me to censure, and to the malice of my enemies. But, in deliberating on this alternative, 1 could not but take into view the possibility of a defeat in the attempt, and the consequences which, as I have before mentioned, would result, not only to the army, but to the people of the Territory. A more de- cisive consideration however, induced me to reject this alternative ; I then felt confident, and I do now feel most confident, that if I had attacked Mai- den, and had been successful, it would have been but a useless waste of blood It would have been utterly impossible to have maintained the for- tress. It must have fallen for want of supplies. It must be remembered that iiic waters of the Lakes were shut against us. There could have been no possible commiHtiralion with the fortress, but by the road which 1 hud cut through the wildi-rutss. How was that rond vo be kept open ? Most proba- bly, after an engagement, or after carrying the works by storm, 1 could iu.vc; taken into Maiden but a few hundred men. Id I have m.ide su.Ticiuil detachments from the garrison to huvc per 33 formed this service .' Let it be remembered tfut Generals M* Arthur ani Cass, censured ine for sending uo smi.il a Jetuc'iimeiiL as 200 men on this duty, and thought the force ou^'ht to have been double, or equal to one of iheir regiments : and when Colonel Millc-i- with 600 men, 280 of whom were .almost the whole of the regular force under my command, had defeated the enemy near Magnagno, he thought it necessary to send to me for a reinforce- ment of 150 or 200 men, to enable him to secure his passage to and from the river Raisin, though his loss in the battle did not exceed 80, and though he knew at the river Raisin, he was to be joined by the detachments under Cap- tain Brush and the companies under Captains Campbell and Rowland. If the road could have been opened, still no supplies could have passed into the fort without crossing the water, and on that the British had a force, to. which we had nothing to oppose. If we had possessed the fort, it would have been pressed by the North-West company and its retainers from the north, with all the hosts of Savages of those regions. A British force no doubt would have approached it from Lake Ontario by the River La French On the water it would have been attacked by the naval force and all this it must have encountered without the possibility of obtaining supplies, and without the least prospect of relief or assistance. My judgment, Mr. President, may mislead me now, as it did then but yet I think that if I had led the army I commanded to the conquest of Maiden, under such circumstances as I have stated, it would have been as great a crime as any of which I am accused. Certain I am that I should have wanted that consciousness of having acted from the purest motives, and according to my best judgment, which has been my only consolation in all I have suffered. If it be true as I have stated, and as I think the testimony proves, that the army had not provisions for any length of time and that neither my own nor the enemy's country could have been capable of furnishing them I need hardly state to the members of this tribunal, how important it was to me to keep open the road I had made through the wilderness the only communication by which supplies could approach me. In modern warfare the first great object of each contending party, is the resources of his enemy. The fate of armies is found to depend upon the abundunce of their resources ; on their security, and on the facility of keep- ; ng up a communication with them. It has become a principle to maneuver in such a manner a& to cover the places from whence supplies may be drawn not to go far from them but with great caution and never to cease preserving with them those con- nections in which the strength of an army consists, and on which its strength depends. These are the sentiments of a modern military writer of great celebrity. The experience of all military movements in latter times prove their correctness. I always felt the force of them. It was a great violation of these principles, and therefore, as I considered, a great mistake, to march the army I commanded, after the war had commenced, to Detroit leaving a British garrison 18 miles in our rear, directly upon oar line of communi- cation; which, from its proximity to tbc lake and bis force upon the water. the enemy had the means of intercepting with peculiar facility. But the orders I received in the letter of the Secretary of war, which announced to me the decl.xrntion of war, were positive upon this point. They left me no discretion, s was to march to Detroit, and thereto wait for further orders. I lud seen the necessity of keeping open the communication when I was on the march and therefore I built and garrisoned block houses on the road. When in the enemy's country, I felt every day more strong'ly the force of this necessity, and therefore detached Major Van Home on that service. Whether that was a proper detachment, as it is made a separate charge, will be a subject of separate consideration, in a subsequent part of my defence. After the defeat of Major Van Home, and when I found the situation of my army, immediately before I left Sandwich, such as I have before de- scribed, I was perfectly convinced that no success, not even the cupturr: of Maiden, could save it from eventual destruction, if my communication With Ohio was not opened. The court will recollect that Gen. M'Artlmr and Gen Cass. have stated in their testimony, that when they objected to the sufficiency of the force. I detached under Major Van Home, they each recommended that I should send him with his regiment on that duty. This shews what force in their estimation was necessary for the purpose. What force Col. Miller thought necessary I have already stated. It' these gentlemen were correct on this point, my army could not have been in a proper situation when I must have stretched back with nearly half, and the most efficient part of my command to insure me supplies. It must be recollected also that it wa< not a temporary detachment that would have answered any purpose. I must have kept always separated from the army a sufficient force to have kept open the road from Detroit to Ohio, a distance of about 200 miles. I do not believe that after the fall of Michilimackinac, when the savages became arrayed against us and infested every part of the road, my whole force would have been sufficient to have protected so ex- tensive a line. These, gentlemen, were the grounds on which I made a retrogade move- ment with a part of the army to Detroit. It was, from thence to open the only channel through which it could derive the means of existence. 1 repeat, my judgment may have misled me if it did, it continues yet to mislead me for every day that I have lived I have become more confident that [ did right to leave the Enemy's country. Had I followed the dictatc- of my own judgment I should have made my retreat to the Miami, ami tliere waited for co-Operation and assistance. The distance from thence to the Ohio would have been comparatively short, and I should have had no enemy in my rear but scattering savages, and he could not then have availed himself of the great advantage he de- i-i\< <l from the command of the waters. For the reason that 1 did not do f) 4 let me nppeal to the testimony of the tv,o officers next in. command. JJ When I proposed this measure to Col. Cuss, his answer was, that if 1 lid, under the then existing circumstances, every man of the Ohio volunteers would leave me. His language was in substance, as he states it himself '-hat the volunteers would retreat with me, if they thought a retreat neces"- -:try : but as they undertook to judge that it was not then necessary, they would leave me, and not a man would retreat under my command, ('ol. Cass's testimony on this subject is in the following words. " I recol- lect a conversation with Gen. Hull, after the retreat from Canada, and be- fore we went to the River Raisin, in which Gen. Hull suggested, that as he heard of no co-operation from below, it might be necessary to take post at the Miami. I think I told Gen. Hull that if, under existing circumstances, he took such a step, the Ohio militia would desert him to a man. Whethel' I told Gen. Hull so or not, I am confident it would have been the case." K may be well to remark, -that this testimony of Col. Cass's is- evidence of the insubordination that was among the troops. By whom and by what means it had been encouraged, the court may judge. Upon this part of the sub- ject, that is to say the retreat from Canada, I have but a few more words to say. I retreated for the purpose of being enabled to tako effective measures for opening my communication. The importance of acomplishing this design, I have endeavoured to shew. But it seems that the government, or whoever it may have been that drew the charges that are now before you, were also sensible of this importance ; for one of the accusations that I am to answer is, that I did not keep open this communication ; and yet the measure I took to accomplish this object, anfit which was the only measure that afforded any prospect of success, that is to say, withdrawing the army from Canada, is also made the ground of crimination. I beg the court to notice that these reasons for the retreat, arc such as J assigned for it at the time as well as now. For the evidence of this I refer to my letters to the Secretary of war of the 4th and 8th of August* .My letter to Governor Scott of the 9th of August, and my letters to Go* vernor Meigs and Col. Wells of the llth of August. All these shew that [ abandoned Canada, because I had ascertained that I would soon be sur- rounded by an overwelming force ; because my communication, if I re- inained where I was, would inevitably be cut off; and because I found that the few regulars and militia I commanded were to be left to carry on without any assistance or co-operation the offensive war, which the United States had declared against one of the most powerful nations on earth. The surrender of the fortress of Detroit and of the forces in the Michi- gan territory under my command, is another charge against which I am now to defend myself. I beg the court to observe, that the course I am pursuing is to examine in the first instance, the propriety or necessity of these principal measures. The circumstances attending their accom- plishment, being ground of distinct accusation; I propose to give them distinct consideration. As to the point on which I am now about to make my defence, I feeg the court te bear in mind what I Have said in relation to tV. <Je - 56 lay in attacking 1 Maiden, and to recrossing the river Much of what I faave said upon these subjects will be applicable to the charge nmr under consideration. The same facts arc reiterated in the specifications in so man}' different forms, that it is difficult to analyse them, and might ex- use repetition. But I shall endeavour as much as possible to avoid tres- passing 1 on the patience of tke court, and shall not repeat what I have already said, further than may bo absolutely necessary to make myself clearly understood. The extent and state of the force under my command, at the time ol the attack on the 15th and 16th of August, must be ascertained before m\, conduct can be duly appreciated. The detachments under Cols. M' Arthur and Cass, consisting of 400 of -.lie most effective men of their regiments, were absent on the expedi tion to the river Raisin. On the morning of the 16th the Brigade Major Jessup, as appears bj his cross examination, had, by my order, made a report of the effective inen under my command. He stated the number as appears by a docu- ment before you, in the three Ohio regiments, to be 700* including thr Michigan Legion and waggoners but not the Michigan militia. The. armed inhabitants which some of the witnesses have mentioned, I presume ./ere not intended to be included, and indeed should not have been. For, although it may have been agreeable to the disposition of some who have testified in this cause to mention them here, that they might swell my num bers in the eyes of the court yet, I believe it will not be thought that 1 ought to have taken them into calculation, in estimating my means of defence. In the field they were only likely to be the first to set an ex ample of disorder, and in a siege they would only have increased the con- sumption of provisions. Major Jessup says, that on the loth he received an estimate from one ot he adjutants of the number of men lit for duty. He thinks it exceeded '*ne thousand. This estimate was not delivered to in*; but was given trf Uen. Cass the day after the battle, but for what purpose does not appear I wish Gen. Gass had produced it on this occasion. Of the 1000, if there ;vere so many effective, only 320 were regulars that iieing Major Snclling'j* 'stimate of the effective force of the 4th rcgt. on the day of the surrender The res* of this 1000, were comprized of the Ohio volunteers and Michi- gan militia. In my letters to the Government, and my official account of !ie unfortunate termination of the expedition under my command I havr. s spoken of the zeal and bravery of these troops in terms of respect/ raid I still think they merited all I have said of them in these respects ; ye<: .n estimating their probable services in an arduous conflict, I could not but consider their real character. My experience in the revolutionary war had fixed in my mind a distrust of the services of undisciplined militia, howev- er ardent, and valorous they might by language, ajid even by actions, when lot before the enemy, make themselves appear. Indeed the organization o/ ".he ruiitia corpa I had with me was particularly calculated to create di> cspcot to them. 5? MI their officers held their commissions in virtue of an election, medi.- ite or immediate, of the men of whom they were the nominal com- manders. My second in command, Col. M' Arthur has prefaced his testimony by .clling you that at such a time he was elected Colonel Col. Van Horn was elected Major Mr M'Cormic \vus elected a Lieutenant. From what stations, what occupations these gentlemen were elected to high military rank I do not know It would seem however that notwithstanding- all the experi cnee they have had in the field, they have not yet learned military lan- guage or forgotten what were, probably, the phrases of their former occupations. Gen. M' Arthur in describing- the disposition he intended to make of his regiment in case of an attack, spoke, as he would of the gate of a cow-pen, of swinging it into the rear line of a hollow square and most of the witness- es against me have spoken of the balance of a datachment, as they would oi ihe foot of an account in a shop-book. Elected officers can never be calcu- lated upon as great disciplinarians. In every station the elected will be un willingto incur the displeasure of the electors ; indeed, he will often be found to court their favour by a familiarity and condescension which are totally incompatible with military discipline. The man that votes his officer his commission, instead of being implicitly obedient, as every soldier ought, lobe, will be disposed to question and consider the propriety of the of- ficer's conduct before he acts. This system has not only an injurious effect upon the soldiers, but it has a retro-active effect upon the officers. They, knowing how far they are responsible to their electors, and wh:; deference is due from them to a majority of votes, are under the influence of their own feelings in intercourse with their superiors. The court must have observed with what confidence the officers who have testified against me, have pronounced every thing to have been done \vrong that was not done according to their advice. They seem to have thought that, when a council of war waa called, it was to be governed by lie laws of a town-meeting ; and that a General was absolutely bound by he voice of a majority. The testimony of Major Vanhornc is a remark - *ble elucidation of the ideas of some of my officers in this respect. Ho ieems to think that I was guilty of great violation of duty in not being areful to ascertain accurately the votes of the members then present ; though, as it turned out, I had omitted to take the vote of a gentleman whose opinions coincided with my own. Mr. President, my ideas of a council of war are, that it is called to ad vise the responsible officer, as to any question which he may think proper to submit to its members ; that he ought to hear and weigh, with what dc liberation circumstances will admit, their sentiments and opinions ; but: that after all he is bound to act according to^thc dictates of his own judg- ment, be the opinions of his officers what they may And, inasmuch as tho. civ-ice of a council will not in all cases justify misconduct I hope it will not be considered that a measure-, although it should have been wrong, or I out unfortunate, must be condemned because it vas not sanctioned 8 oy a majority of votes. These are considerations which I think, it neceo.su^v to impress strongly upon the minds cf the court. It unfortunately happened that on most questions which I submitted to the deliberation of my officers, their opinions and mine did not coincide and many of the witr nesses seem to think that therefore they must be condemned But such a principal will not, I hope, be adopted by this court. The decisions of the councils should have had the less influence, because it must be recollected that I could not, with the exception only of the officers of the 4th rcg. call for the advice of any one, who had seen the least service or had the least experience : for, though most of the witnesses who have been produced on the part of the government have appeared with the titles and badges of high military rank yet, it is certain that most of these gentlemen, whea they joined my army, knew no more of the duties of a soldier than was to be learned from militia musters and parades about their own homes. What services they may have since performed to entitle them to the hon- ours they have attained I am ignorant and only hope that their elevated rank (.is it ought to be presumed it was not intended it should) will not give them any other weight than they would have had, if they had re- mained in their former subordinate stations until they had given their testimony against me. These observations are made in reference to the principal part of the troops I had under my command and to shew that, although, as men, they might be brave and patriotic, as I have always believed hey were, and as I have always spoken both of the officers and soldiers yet, i'rom the manner of their organization, and from their wantof discipline and experience, they were not that kind of force upon which a commander could :i an arduous conflict the firmest reliance. So far as we had any oppor- unity of judging from trial, this wantof confidence in forces of this descrip- tion w;is justified. The expedition under -Major Yanhornc was the only in- stunce in which the volunteers 'acted by themselves in any affair of conse- quence; for the rcncountre at the Air: Canards bridge (although both the of- ficers and men behaved well) was bat a skirmish, which could hardly be a test cither of courage or discipline. The detachment under Major Vanhornc rts lie has testified, were not surprized. He had fully prepared them ac- ..-ordlng t>.> his statement to expect their foe and yet his party was dis- ordered by the first fire of the enemy. Notwithstanding all the gallant: exertions which, as he has stated, he made, he was unable to rally them, or vo prevent their Eying in confusion, in the very first moments of attack, by nothing but savages. In submitting to your consideration, gentlemen, the fate of the forces under my command, I must not omit, painful as it is to me to achert to it, the unhappy terms in which I was witli my officers. They took no pains !;> conceal what they lu.ve here testified to, that they had lost all confidence in jp,e ninny of them manifested it, as appears from their own tcsiini<iii\ . by the n;ost iiult cent conduct anil expressions. The court must ncclki ' the lMit,-i. ..;,(, which 1 forbear to repeat. th;U my second in co! ; [Col ' 1' \rtliur (now Brig, fieii. M'Arthur) vcpit scr.ts that he ix'.chc ssi ci to in I proposed to him to remain with his regiment at Sfcr.Jwith. I 09 ue remembered too thut tho r Brig. Gen. has stated, that when we v,, tlie face of the enemy, and he might hourly have expected to be called to battle, he used this language, with an expectation that he would be arrest- ed : with an expectation that at such a moment he would be put in a situ- ation that he could no^ be called upon to use his sword. Brig. Gen. M'Arthur has said that these expressions were extorted from him by insin- uations of cowardice. I meant no such insinuation. His declaration that he felt his single self uble to carry the fortress at Sandwich against any n, left no room, to doubt his own good opinion of his prowess. : (icn. M'Arthur addressed such language to me, I had never seen any tiling- that would have warranted such an insinuation as he conceives I made,. But if any thing would justify an impeachment of that officer's courage, it would be such conduct at such a time. It may be thought that I ought to have arrested Gen. M'Arthur. It is not one of the charges against me that I did not and therefore I shall not digress further from the course of my defence, than to say the peculiarity of my situation alone prevented my doing it. If I had taken such a step, I have no doubt his men who had elected him a Colonel, would have turned their arms against me, with as much alacrity as they pnfcsscd to use them against the enemy. t might, and I believe I should have had a civil war iu my camp. But to shew what was the disposition of my officers towards me, I have only to refer the court once more to Col. Cass's (note Brig. Gen. Cats'*) letter to government of the 10th of September, in which lie states that he, and others had formad a conspiracy to wrest the command from me. Whether this was, or was not, a treasonable design, is not for me to determine. Sut what confidence could I place in officers, whose conduct had been such as they themselves have described. \ know, Mr. President, that my letters to the Secretary at war, and my official account of th* surrender, may be appealed to on this subject. I wish they may be. What I have written of the volunteers and their officers is just and what I yet say, they were brave zealous men. It is my pride that in the very hour of misfortune, I had the magnanimity to give fhem all the credit that was due to them, and to take upon myself the whole responsibility of a measure which I knew would be the subject of so iiiuch censure. Would Sir, that I could have observed a little of the same spirit in my iccusers ! that they had been willing to take s-,me share of the blame that ; s justly due to them ' and that they had not, in the triumph of their own salvation on my depression, represented with the most uncharitable bitter- hess a man whose snules they once courted. T *nust be pardoned, Mr. President, for yielding to my feelings in these digressions. I have stated to you the numbers, nature and situation of the force which I had to oppose to the enemy. I shall now state what force He brought of might bring against me. I say, Gentlemen, wight bring be- cause it was that consideration which induced the surrender, and not the force which was actually landed on Lite American shre H the morning ef 60 the 16t-h. It is possible that I might have met and repelled thai force a:tC if I had had no further to look than to the event of a contest at that time, ' should have trusted to the issue of a bat tie. 1 beg leave first to examine what. was the extent of the cnemj's force, landed at Sspringwells on the morning of the 16th. Major Snelling who ^.ys he made some attempt to count the enemy's force, supposes that there were no more than 750 whites, of whorr <jne third were regulars and the rest militia and volunteers. The number of Indians he could not ascertain. As he was going to his lodgings, after having satisfied himself about the white- force, he saw he says some htinr drcd and fifty Indian- .vlmit, however, that there wer^ some more on the back of the town, killing horses and stealing- cnttk But it is very evident that M.Jor Snelling, ;>.s well as other witnesses, meant to convey to t'ae court an impression that they cons'.dcvcd the Indian force- very insignificant, both as to numbers and effect. And yet it is very extra ordinary that when my conduct would he censurable in proportion as thr Indian force in the power of thf- British might be considered numerous and effective, their numbers and powers arc augmented I am charged with ha\ - ing sent out too small n detachment under Major Van Hcrne. To prove that I did so the Major has testified that Recording to the information he received, there were 300 Indians crossed from the British side, the day his party was routed. It is necessary, to heighten my criminality, that in one instance the British Indian force should appear to he very small and very insignificant, and in the other very numerous and very formidable. It is well known however, thr>t all the Savages in that quarter had, immediately- after the fall of Michilimackinac, joined the British. I had had in council, between the 14th and 20th of July the chiefs of nine nations, whose war- riors amounted to between two and three thousand or more. Is it not ex. tremely improbable, that with a large force of this nature at their disposal, ihe British should have employed but a small part of it in their cnterprizr? :igr .inst Detroit ? Is it not rather to be presumed that, in an undertaking in uhich they must have been very ambitious of success, they wbuld have employed all their disposable force, whether white or red ? The force brought against me I am very confident was not less than onr thousand whites, and at least as many savage warriors. But it was not only against this force on our own .shores I was to defend myself 'heir Batteries from Sandwich were effectually co-operating with them :.nd their ships of w.-,r were ready to lend them assistance in the moment of attack, to cover their retreat, and to afford them shelter incase of defeat. If the British landed at Springwclls were not much more numerous than ;rn own troops, I knew they must have a powerful force in reserve, which ihcy could bring to operate upon me, either by crossing them above the 1 own of Detroit, or by transporting them in their ships to that po.nt and thus attack the fort on all sides, and place my army between their fire. 1 should not however have yielded to all these considerations, had the war! was carrying on been only against civilized men. In that case, those only 'v. ho were in the conic; 1 , -.vooldhave suffered. Hut 1 knew hmv 6i nni remorseless the savage.? would be, should my array be subdued aati the troops be obliged to yield. The whole country would have been delug rd with the blood of its inhabitants. Neither women nor children would Lave been spared. The large detachment which was out under the command of Colonels M'Arthur and Cuss, of which 1 could get no intelligence, and the detach- ment under Captain Brush at the River Raisin, would, most probably, have been the victims of savage fury, which is always excited by battle, and ren- dered more sanguinary by victory. Those appeared to me^the certain and. dreadful consequences of unsuccessful resistance. If after a conflict, I should have been kble for that time to have repulsed the enemy, I might have purchased fair.e, and have avoided all I have suffer- ed and what I now suffer, in being obliged thus at my time of life to vindi- cate my honour and plead my cause before you. But at what price should I have done this ? How many of the lives of the brave men I commanded would it have cost ? How many of the persons who now appear to witness against me might I not have sacrificed ' It might indeed, Mr. President, have; given me an honourable grave, and if mine were the only life concerned, I wish it had been so, rather than that the foul crimes of which I am accused, .-liould be coupled with a name to which my country of late as well as here" tofore, has acknowledged some obligations. But I had rather even that this should be, and I would rather stand be. fore you accused as I am, than have uselessly and wantonly sacrificed a single life, though it should have ensured me immortal fame. If the attack of the enemy had been repelled, our triumph would have been but temporary. My numbers must have been diminished by loss in battle. They would have daily lessenexl by the cannon of the enemy, from the opposite shore. The force ofthe enemy, augmented as it was by rein- forcements under Col. Proctor, Major Chambers, and the commmander in chief, (Jen. Brock, would have been daily augmenting. The force from Michilimackinac and St. Joseph's which would have amounted to several thousand savage warriors-the savages, with the addition of some hundred white men mentioned in the intercepted letter of Mr. M'Kcnzie, collected at fort William, would in a few days have descended upon us the Canadian militia had all returned to their allegiance the en- jmy's naval force and means of transportation on the lakes were augmented. There was no co-operation with my army from a.ny quarter the letters I had received from Generals Hall and Porter had not only satisfied me that my expectations in this respect were disappointed, but that no diversion in iiiy favour was soon to be expected. My army was in a corner, surround- ed by a wilderness of waters and a wilderness of woods all communication with my country, either by land or water, cut off my stores of provision and ammunition but sufficient for a short duration add to all this that, at *hc moment of expected conflict, I received information that a part of my own troops had gone over to the enemy, and that a larger body were about ^ join him. Fjtder such a combination and pressure of adverse circum* the army must have yielded in a little time, notwithstanding' any temporary success I did not think I should be justifiable or even excusa" Me if I risked a JJuttle when victory could purchase no real good; and when the consequence of defeat, or even the consequences of being- driven into the fort, would be to submit the whole country which I was sent to protect, and that part of my force which was on detachment, to the ruth- less ferocity of Savages, armed with the horrors of those instruments of carnage and torture which are known to spare neither age or sex. From such a calamity 1 knew a capitulation would be a protection. The British, if made master of the country, without a battle, would be able to restrain their merciless allies, which they could not do after a con- test, even if it should be only so far successful as to oblige us to retreat into the fort. A savage will have blood for blood, though he draw it froiv the veins of the defenceless. Victory only heightens his inhuman tliiiv .' blood. 1 offered a capitulation and surrendered. ' I "Well knew the high responsibility of the measure, and take the whole if it upon myself. It was dictated by a sense of duty, and a full con viction of it's expediency. If ought has taken place during- the campaign, vhich is Irrmourable to the ar;ny, m\ ofiicers are entitled to a large f it. If the last act should be disapproved, no part of the censure belongs .-> them." These, Sir, are the words of my official communication of thrs anhappy event to the Secretary of war. I repeat them it was sir, a sense of duty which drove me to the measure. It was a sense of what I owed lo the protection of the inhabitant! of the territory I had so long governed. i felt myself bound to sacrificefevery private idling, and, in spite of them selves, tosai-e from useless waste tht blood of the brave men I commanded \~or, sir, will I conceal, that, in the midst of carnage that might ensue a .'jattlc, my parental feelings saw a daughter and her offspring, who were \\ ith me in the fort, bleeding under the tomahawk of the Savage ! Tf these be considerations unworthy of a soldier, then I am without ex cuse then indeed you may pronounce your utmost doom But do not 1< me transmit to my posterity a name tarnished by the it ul crimes imputed to' uc I say I am as free from the sins of that black catalogue as any man >rho hears me Rut if a propitiation be necessary, and it must be the rem- iant of the life of a man whose country has heretofore acknowledged hrv claims to her gratitude and who has not ceased to deserve ii Here is one "hat I offer I would freely part with it, if you will not lahe from me and I'rom my family and posterity iny honour and character. It appears that the view which my officers had of our situation at about the time of the retreat and surrender, was very different from what it woulJ appear to have been from the testimony they have given before you at. ''ast the observation applies to Gen. Cass. The testimony of Mr. Sillhnan (the Generals brother-in-law J of Mr. Mills, and of Mr. Converse his neighbour, proves that in letters written by Kim at the times to which his testimony relates, he had different .scat; v^r-t.s <w,in tlif.cp VP. '>. >;rf> sxpressecV. In a tetter of tfee 3d of 63 *t which time UT wore In possession of the 5iicmy's territory and all the resources that might be. drawn from thcnut;, Cfn. C.us tells IVTr. Silliman, that provisions would become necessary for the existence of the troops. In a letter to Mr. Silliman after the full of Michilimackinac, Gen. C s^ says, that the impression made by the fall of Michilimackinac, couli scarcely be conceived. In the same, or some other letter, according'to the testimony of Mr. Silliman, Cen. Cass pressed him to use his influence to procure reinforcements for the arm}-, and expresses his surprise thai, we were left without co-operation by putting to his correspondent the following interrogation. " Is there nothing 1 to be done in the lower end of the lakes to make a diversion in our favour?" In a letter from Gen, Cass to the same gentleman, dated on the 12th -of August, Gen. Cass says " think our situation as bad as you may, it is still worse." It is most unfortunate for me that I have in the course of the prosecu. tion so often to feel the want of documents. I want to p:-ve the content of a memorial which was filed on record in the war department I ask fo the record and it is lost. I am impeached for not having regularly issucc orders to the army. The witnesses who are to support this charge, prove that there were orderly books in winch my orders were entered ; but thcv have either been lost, or, what is more extraordinary, left at home. Capt M'Cormic has an orderly book but, when he was called here as a witness, he left his book behind him. Other officers seem very unaccountably to have thought the order to ship the baggage at the Miami, included theii orderly-books and they have been lost by that means. And now these letters from Gen. Cass to Mr. Silliman, the contents of which it might be so important to me to contrast with the General's testimony, it appears were entrusted to the General's Wife and they too have been lost. Rut, I ask the court, do not even the slender accounts which we have bad of the contents of these letters, shew that Gen. Cass, at the time thc\ were written, did believe that the army would be in want of provisions ? that reinforcements were necessary ? that the fall of Machinac was to have a decisive operation on the fate of the army ? that our hopes rested on co- operations from below and that the situation of the army was critical in the extreme ? If these were Gen. Cass's sentiments when he wrote the let tors, I must leave it to the court to reconcile them to the testimony he has given. The court then adjourned to meet to morrow morning at 11 o'clock Thursday morning, Jltarch 17th, 1814. The court met pursuant to adjournment. Present all the Members. General Hull appeared in Court, and proceeded to read his defence a^. follows. I now appeal with some confidence to this tribunal for their decisioii upon the accusations which I have hitherto considered. Were either of the acts, to which the attention of the court has been directed, in themselves and abstractedly considered, unjustifiable; or rath- jr, (and this is the true (jucstion,) was either of them so manifestly wrony, ur egregiouslyterronftons, that it is, of itself, cvirlencc of treason, cowardice. or utiofficer-llke conduct ? \rc there not so many reasons for my conduct, in reg-trd to these transactions, that I may be supposed to have acted hon- estly, though it should now appear to the court that it was erroneously. If .in act miy have proceeded from pure intentions, it would be the height of injustice and misanthropy, to impute it to bad motives. I shall now proceed to make my defence against the other accusations I shall endeavour to arrange them in the order oftime, in which the facts, by the specifications, are supposed to Ivive occurred. Hitherto, Mr President, my defence has chiefly rested on documentary evidence, or upon facts of general notoriety. As to all that follows, the charges depend entirely upon parole testimony. It seems extraordinary that there has not been a witness examined, OH the part of the prosecution, who has not been promoted since he was un- der my command. A great majority of the young gentlemen who have been called by the Judge Advocate, have appeared decorated with their two epaulets these h'.-ve been bestowed, and sometimes with the augmentation of a star, upon. Gentlemen who began their military career with my unfortunate campaign. By what services many of these gentlemen have merited such rapid pro- motion, I have not learned. But if it all arises out of their achievements while under mv command, I must sav that it appears to me, that my c\ pcdition was more prolific of promotion than any other unsuccessful milita- ry enterprize T ever heard of. Tt cannot be that it lias boon intended to give a weight to the testimony of those witnesses by giving them ranks and honours which they would not otherwise have had. But Sir ; when my military character and measures, arc to be tested bv the opinions of Gentlemen, with high sounding titk-x of military rank, I think it necessary to remind the court, that, with the ex centionof a few of the younger officers, there are none of them who have no' been promoted to their high stations, without having had any military- ex perience and without, so far as I have heard, ever having discovered an> military talents or genius. If tlv; opinions of witnesses on military conduct, ought in any case to be listened to (which I conceive ought not to be) yet, I think, the opinions of men ofthe.se descriptions, ought to be received with the greatest caution. The extraordinary promotions which the witnesses against me, have gen- erally attained, I think may be accounted for, by a recurrence to the facts, of which this trial has afforded the most conclusive evidence which is that each of the witnesses, from the Generals to the youngest and lo officer that has been called by the Judge Advocate, is himself in his o\v;i opinion, at least, a Hero. From General M Arthur, who thought himself capable of fighting a whuK: garr.son, down to the lowest rank, every officer seems to have theught thai if he had been the commanding General or if I had taken his advice alj would have jfone well no doubt they have injustice themselves made tlies-; vcnrcsentotions to the Government and their ranks nutst be ccnstderorl . o ward for thc'grcat things which they said they would have done rath- er than to have bcr;n acquicd by any actual services. Hut, gentlemen, before I proceed to examine the parole testimony, let me .our attention to another subject connected with iv I mean the inde- fatigable pums which have been taken to propagate and keep alive the moht hateful prejudices against me. Sir, I believe there never was a greater oul- committed on the administration of justice, and towards an individual, than was the publication of Colonel Cass's (now Brigadier General Cast's letter to the Government of the 10th of September. That such a letter should be published under the sanction of the adminis- 1 ration against a man whom the administration was about to put upon trial fur his life, I believe, is a proceeding of which no country on earth has be - ibrc afforded an example. That the administration should, under such circumstances permit the publication of such a letter as General Cass's one that labours to represent my conduct in the most odious point of view, and takes pains ;o heighten the public resentment against me by a colouring v.-hich Colongl Cass could not know of his own knowledge was true, appears to me to be a violation of every principle of justice. The court will please to recollect that Colonel Cass and M'Arthur left it with the Detachment to the river U\isin on the 14th ot August :ir.d did not return to the fort until the evening of the 16th of course they I not know of their own knowledge, what passed in the interim. Xo person reading Colonel Cass's letter but would suppose he was an 03 c witness of all ho relates. It is impossible to discover that lie was absent in ihc expedition to the river Raisin yet General Cass states, as if it was a i- within his own knowledge, that when the troops received orders to retreat into the fort " one universal burst of indignation was apparent iipon the receipt of this order " I beg to quote from this letter another Kj-agraph, to shew what was the spirit with which it was written. The design of its publication I must leave the court to infer. " To see the whole of our men flushed with victory, eagerly awaiting- the approaching contest to sec them afterwards hopeless, dispirited, and des- pondir.g at least five hundred shedding tears because they were not allowed to meet their country's foe, and to fight their country's battles, ex- itcd sensations which no American has ever before had." Would not every one imagine that Colonel Cass was here describing a , which passed before his own eyes. Did he actually see at least five hundred men shedding tears or does ;he court believe that this is a representation of a fact which reajly occur- :-ed. If it were so, it is extraordinary that net a witness has testified to it i.'aptain M'Commick says he observed some men shedding tears but 'his falls greatly short of General Cass's five hundred. But who were those y.ri'ping troops. It i$ not to be presumed that it was intended that we should believe they were the regulars they are not commonly much given ;o weeping they were not the Michigan militia, because a part of them deserted and the ru'.. \mr disposed to go over to the enemy, rather than o 68 It is, in subs'ance, that fioin the time I lock \\\e command, 1 omilk exercise, inspect, train, review and order the troops. I cannot believe gen tic-men, that it will be necessary for me to say much on this subject. I did expect that if any part of my conduct could have escaped the cis.sure of my enemies, it would have been the manner in which I led the troops through the wilderness. "When it is recollected, what an extent of road it was necessary for me to cut ; that a great proportion of the men were co.iiujitly employed in this duty that those who were not so, were mosi ally fatigued with their turn of tins laborious service, 1 believe the court will think with Col. Miller, that there was neither time nor opportu- nity for that sort of discipline and exercise, which, under other circum- stances, would have been proper. The commandants of regiments have testified, i hat as to their respective commands, there was no omission of was their duty in this respect. The fuult cluirgcd to me, is then, that in 'he depths of the lorest, through which we \\erc marching, I did not c ij fatigue parties, guards and advances, and go through the of i*:litary parade. And yet, as if every thing that 1 could , must, in the opinion of my officers, he condemned my omis- sions to have these par-.de.->, are not more severely censured, than my con- duce has been for making some display of the troops, and in passing them in revit?. , on some tew occasions, when I thought it w:a.s consistent with onrsittiat ion. \Vheu the corps passed me by sections, after we had crossed tlk Miami, lieu. M' Arthur thinks it was not a review because I wui no' according to his experience, in the situation which a reviewing General ought to have been ; though he admits that the officers at the heads of sec tioii-s s.dutcd me and he i.dmits that it is possible he might have salatct? TIK hi'iisui' ; ii I ulso passed the troops in review I ({id une at Spring-wells, anil marched the troops from thence to !>' and buck. But these parades seem to have excited the indignation of General .M' Yrtlmr, as it did, according to his testimony, of other officers >r what reason, I have not been able to learn. The truth is, lh i'. from the moment we commcncM our march, the troops were always m my eye. 1 saw them on their line of march I saw them in their working parties, and in their encampments. I thought it would be as ridicul/ .-., to make parades in the midst of the woods whenever the count! > cpi-ned, so that there was room for display, I availed myself of it not only that I might sec the troops, and put them in military array : but ] at it would hare a good effect to shew our line to the best advantage at the little settlements which we passed and on ^nr arrival in the neigh- bourhood of Detroit. T shall trouble the court with nothing further in relation to th: - than the following quotations from General Cuss and Colonel Miller's testimony. General Cass states that " from the time they left - ; i-irch was conducted with all possible expedition. There \\asno time to discipline the troops." Colonel Miller on his cross examination Bays '< on the march there was no opportunity t<j discipline i-ie troop-- 69 The fatigues of the march, KIU! cutting- the road, and making the encamp- ments, were as much as the troops could endure." Connected with the accusation which I have last answered, is another, r liich is in sn!> 'I did not, during 1 the march, prepare and make known an order of battle. That 1 prepn'/ed and published an order of march, is admitted a ;>ian of it, which has been proved by several witnesses, is before you. This plan as appears from the testimony of General Van Uensallear and o'h-r witnesses, is that which was adopted by General Wa\ne, in the expedition which he commanded and marched through the country. This order of march, was in fact, an order of battle or at least, so little change of the disposition of the troops was necessary it? case of r.n attack, that it could be nUide in a moment ; and was so obvious, that it could never be mistaken. It is remarkable that the commanding officers, whose testimony was expected to support this accusation, all ihat they knew how their respective corps were to form, incase of , as they say, they never heard of any order of Battle. It seems then, that an order of battle was made known, and the accusation must then rest upon the allegation ; that the order was not made or pub- / General (lass's testimony on this subject, is as follows. 1 think when we arrived near the river Huron, or between that and Swan creek, the commanding- officers of regiments, under an expectation of an attack, applied to the General and he permitted them to form an order of battle. I do not recollect that the General assisted in making the: order. 1 think the plan originated with Colonel Miller I do not recol- lect that the order was afterwards submitted to General Hull. I presume there was an orderly book, as orders were issued." General M'Arthur's testimony on this point is as follows " on the day issed the river Maisin, our march was about nine miles, and we en- camped near Swan creek. Rumors were among the inhabitants that we ^hoiild be attacked by Indians who were assembled .it the Huron, abouv. six miles in advance myself and Colonel Findlay called on the General, und stated that some plan of battle ought to be agreed upon. In the march my regiment was divided :i Battalion marched on each side of the road, in the rear of Colonels Findby and ( 'ass. I mentioned to the General that thus situated, it v.us imp r^inle for me to be with both my UatUdions, and I wished to he permitted, in case of attack, to form them in one line. The General thought it would bt: well enough to do so. I. suggested the propriety of my battalions being so formed on the march in the rear of the regiments, as thut in case of attack, I might j-^ing my regiment round, and form the rear line of a hollow square. The General gave me his permission to adopt this plan. I then left him. Whether Heft the ntlicr- iifficera -with him or not I tfo not hno~.v." Major Jessup testifies thnt 1 issued orders on the march that they were generally sent to him by one of my aids do- c^mp that he assembled the -'.dj'itants and communicated to them my orders. He further stated that tlic orderly heoks generally were- surrendered-- Vat ttoxt C.ipt, M'Corwick and Capt. ifcutleffwho were adjutants" of M'Arthur's and I'lndlay's i had nreserv--d their's. It unfortunately happens that these books have no' "been brought on by these gentlemen had they been so, it would have appeared what orders I did issue and this matter would not have been 1 left to the uncertain recollection of witnesses. As I am accused of having omitted to issue orders, and of having given Improper orders, I submit to the court, whether I had not a right to expect: that the orderly books which were in the possession of witnesses brought forward by the prosecution, would have been produced ? especially as I re- quested Major .Tessup might be summoned with a duccs tmmt, to bring be- fore the court all the official documents in his possession, and the orderly I-ook. IUU I proceed to examine the testimony, in relation to the order of' battle. Colonel Miller testifies " That an order of march was published ftt Urbanna and was generally known to the army. That the army com- monly marched according to that order It was my understanding, says- t.'ol. Miller that in case of an attack in front, my Regiment was to form the- tine in front. In case of an attack on the right flank, we were to form by facing the enemy and so in case of an attack on the left. This was a gen- eral understanding but I do not recollect to have seen any order to this purport, either written or verbal. I understood it from a conversation witfx <ien. Hull, and I believe it was so understood by the other officers. Th<- Gcneral told me that the order of march which he had adopted, was that which had been pursued by Gen. Wayne. 1 know nothing to the contrary" Col. Miller adds " of the Generals having been almost always, when wo were on t!u- march, in a situation to direct the movements of the troops for the greatest part of the time the Gen. rode near me in front sometimes lie passed to' the rear. Generally the army encamped in a hollow square. After we apprehended danger, we commonly formed a breast work, and en- camped within it. .By a general order each line was to form in front of its; tents, if attacked in camp. There was abo a general order for turning ou^ the troops by taps of tin: drum, proceeding from head quarters along th'r lines. This method way practised, and the troops were called to urnv ry morning before dawn, by these signals.'' I believe, Gentlemen, that this is tJv- whole of the testimony on this point, which can be considered as of any importance. It cannot be disputed then but that there was an order of battle. Rut General Cuss's testimony seems led to leave an impression that the order did not originate with me but that it was suggested by my officers, ai:d adopted by them with my Consent without my having given myself much Double :. Lout it. I can not but think that in \his instance, there is u display of the spirit, with which much of the testimony has been given in this case. It seems to have been determined that I shall not even shi.re in tae credit of any thing that R'as done, that ought to !>-~ve been done, ny officers claim every thing tha'. is meritorious as theirs. (;t 'i . he does not recollect \\hcthcrlassistcdin making ;-dcr or \vLether it was submitted to me after it was made. This i< U-'T it > e-xtn.riscK ; jgr me that tlif 71 predilection oftkci witnesses entirely fails them, as to matters of the great- est importance, and which might be decisive if in my favour, as to the par- ticular accusation ; while their memories serve them with remarkable cor- rectness and minuteness, as to circumstances which are unfavourable to me. I hope I may be permitted to digress, so far as to remark another in- stance of the unfortunate want of recollection, though it relates to a dif- ferent point. Major Jessup ifter having stated that lie came to me in the fort, after the flag was hoisted on the 16th of August adds " I enquired of the General -if it were possible we were about to surrender the General said something about the enemy's force, and something about terms, which I do not re- collect"-rMajor Jessup then goes on to state very particularly what he said to me to express his strong aversion to the surrender. I have surely great reason to regret that Major Jessup's memory would not enable him to etate what I said, when it might have been so important to shew the mo- tives of my conduct while every thing that he said to me, which was cal- culated to set his own conduct in the most favourable point of view, made BO deep an impression on his mind, that he could undertake to relate the very expressions he had used. But to return to what respect* the order f battle. General M" Arthur states that after, on his suggestion, he had settled with me, how he was to swing his Reg. in case of an attack says " 1 then left the General whether I left the other officers with him or not, 1 do not Icnow." It appears then, that this arrangement about the order of battle, was concluded in the presence of other officers what others, General M' Arthur does not state. Col. Miller says he understood from conversa- tions with me, what was t.n br- the disposition of his corps in case of an at- tack. Thus it appears that Col. M' Arthur, Col. Cass, Col. Findlay and Col. Mil- ler all knew what they were to do, if an enemy was to approach us. What foundation is there then for a chuige that no order of battle was made known ? If the subordinate officers were not instructed as to their duty in the event of an aUack, was it not the fault of these commandants of corps, and not mine ? Suppose there had been no written order ot'battle but that after the order of march, which so nearly approached the order of battle, had been formed, I had explained to the commandants the disposition I in- tended, Ln case of an attack could any man say I was deficient in duty, because I had not explained my intentions in a written order > I believe no one acquainted with military history or practice will think a General is bound to make an exposure of his plans, in every orderly book in his army. If the witnesses, on whose opinions these charges and specifications, have been framed, have entertained such erroneous ideas of the duties of a com-i rnander, as this accusation seems to indicate, I hope, now that some of them have attained a rank which may give them the command of armies, they will learn, that by giving a general publicity in their orderly books t.e their designs, in case of an attack it will be a departure from their ! said that they may often thereby give their enemy an opportunity of gaii> ing information \vhichhc ought not to have. As to the order of battle at night ; it is proved by (he testimony of Col. Miller that that was settled by a general order, which was made known to all and when the court considers what was the nature of our lines oi march how nearly it approached the only order of battle, which could have been proper in the -warfare which we were to expect how instantly th? order of march was made the order of battle and consider also, that I vv;..> always at the head of the troops while they were on the march I am per- suaded the court will think there is no foundation for this accusation If it lias not originated in malice, it certainly has in ignorance. I am unwil- ling to detain the court longer on a charge, which in my own opinion, is sufficiently answered. But I know I ought not to place so nmch confi- dence in my own opinion, as not to avail niy.s-lf'uf any tiling which may have an influence on the opinions of others. I mu.*t therefore, advert to ther testimony, which I believe, ought to be conclusive on this point. 1 mean my letters to the war department. Those to which I shall refer for this purpose, the court will recollect, were read by the Judge advocate. If I had offered them, they certainly would not have been conclusive evidence in my favour but when introduced on the part of the prosecution, so far as they establish any thing in my favour, they are as good evidence as they are to prove any thing against me. It would be a manifest violation of justice, if this sort of testimony should bo resorted to for my crimination, and I should not be permi I myself of it, so far as it might serve for my exculpation. It is a general rule, which applies to the administra- tion of justice in all courts, that wherever a document is read by one side* the wliole of it becomes evidence, of which cither party n::iy avail himsclt' I beg leave to remind the court that this rule has been acknowledged by the Judge advocate. The court will recollect, that in the course of the examination of Capt. Fuller, .Major Parker objected to take clown his an- rtwer to a question which I put to the witness, as biMijg unnecessary-, be- cause the fact as to which T interrogated him, was sufficiently proved hi jny letters to the Secretary at war. In my letter, dated Solomon's town. 18th June, 1812, 1 say " my order of marrh is in two columns, with strong- front and rear guards. The columns flanked by the riflemen and cavalry,. the ground will admit the baggage, provisions, &.G. be', columns. The army has beer, practised from the two columns to form , cither in front, rear, or on either flank or to form a square facing rd my order of encampment at night, is a square, facing outward^ go in the centre, &c." My '.citc.-s of the 2'tth June, 1812, from near Blanchard's crtek. inclosed , of march which has been given in evi Among the manuscript notes subjoined to that order, re one in the following words ' The columns are in a situation to form tvo lii;- front, rear, or on either Hank, or to form a sq;::. After these observations, I cannot'" . 1'i;,1 the r.ourl 'link that there was no ground for chargir, neglecting to <'. Jjiine and review my troops, or omitting to prepare, and make known ajx order of battle. The next accusations that I shall consider are, that I neglected to repair and put in order the cannon at Detroit, and to put the place in a state ofde.- fencc that I did not seasonably repair and put in a state of service, the ar- tillery necessary for the operations in Canada ; and that 1 did not transport them to the enemy's shore, as soon as I ought to have done. I have already had occasion, incidentally to notice these accusations and I shall give no further answer to them than to refer the court to the testimony of Capt, Belliba. He states that, when I arrived at Detroit " The fort was gen- erally in good order, and in a good state of repair" -on his cross examina- tion, Cupt Dalliba says "The fort was in the state of defence I have de- scribed, except as to some immaterial matters on the 4th day of July, be- Jbiv the arrival of the army- Afterwards something \vas done with the ordnance stores, and mounting the cannon. But every thing designed for the defence of the fort, exclusively, was completed on the 4th of July. After the General's arrival at Detroit, industry and exertions were used to put in order the field pieces and heavy artillery for the siege of .Maiden. This was done (says the witness) under my superintendence, and by order of Gen. Hull." This witness was examined on the 8th of Feb. fou days afterwards on the 12th he is again called by the Judge advocate, and then lie testifies as follows : " I had before stated that no alterations had been subsequent to the 4th of July for defence of the fort. Some few artificers immediately after the arrival of Gen. Hull, went to work to repair and mount some lu^vy cannon on trucks, to be placed in the batteries on the banks of the river; and some repairs were mule to three brass field pieces, and a small quan- tity of ammunition was fixed for them But no outer was received to my knowledge, to prepare the heavy field artillery unUl after the army went * ('. madu. I have the order, and think it was dated on the 15th or 16th of July." 1 have already made some remarks on this testimony, and stated that the order was in fact given on the 14th of July until that time the artificers had been otherwise employed I will remind the court here of the objection offered and which was over-ruled by the court, to this mode of re-exam- ining a witness. If to examine the witnesses in the presence of each other^ be a departure from the usages of courts .Martial, it is certainly a much, wider and more important deviation from that usage, to call up a witness, and to allow him to make important alterations in his testimony, after h has been listening for days to the testimony of other witnesses. I now mark this irregularity, as I conceive it to be, for the sake of pre- senting it, as well as the fact of all the witnesses having been, pursuant to a determination of this court, examined in the presence of each other, to the attention of the high officer, who has authority to review these pro- ceedings. Colonel Miller testifies that he " discovered no want of execu. tlon, in respect to preparing the heavy and light field artillery, after tli^j army arrived, at Detroit." 10 iteneral Taylor says" I believe no time was lost in preparation ber and some large wheels were got out." Again the same witness says- that he visited the artificers every day, to hurry the preparations, with orders from General Hull " and I must say, (adds the witness) that Gen- eral Hull shewed great anxiety in getting tlve artillery ready. I pray leave to make one remark on this language of General Taylor's, which I am aware may have the appearance of being hypocritical. But I beg the indulgence of the court, 'till I have explained my reasons for noticing a. circumstance apparently trivial. Why should General Taylor preface hi* testimony of this fact in my favour, with the phrase " I must say." It seems, as if, to state any circumstance favourable to me, was the result of a compulsion, to which his mmd unwillingly submitted. In this instance lie speaks like a penitent tf'iose conscience obliges him to make the ac- knowledgment of a fact, wh;ch his inclination would prompt him to con- ceal. I had a right to expect that when the witnesses could testify any thing in my favour, they would speak in the same unreserved language which they used, when they intended to expose my misconduct. Upon tnost occasions, observations on circumstances apparently so light, might not be proper or necessary. But Gentlemen, I besj you to recollect, that the witnesses have undertaken to interpret my looks and have ventured to infer from my countenance, from my appearance and manner what was passing in my mind, and by what motives I was actuated. They have not hesitated to express opinions, derived from no other indications when they knew that these opinions might affect my honour, and my life. It cannot be improper then, that I should ask you to remark even the slight- est expression of a witness, which I may think will betray the disposition with which he testifies. It is with reluctance, that I attempt to impeach, the testimony of any witness who has been called against me 1 lune been taught to venerate a soldier from my infancy- I know that the profession of arms generally adds lustre to tlie most noble virtues But I know that men do not change their natures by becoming soldiers, nor by attaining the most elevated rank ; and when they can reconcile it to themselves to accuse me of cowardice, from appearances so fallacious ; surely I may remark that expressions they have used, indicate bias, partiality or pre- judice. Without detaining the court with a particular recapitulation of more of the evidence on this point, 1 shall content myself with referring the court to the very important and decisive testimony of Captain Dvson to the testimony of Captain Bacon, and finally to the testimony of Mr. Watson v.-ho says that after my arrival at Detroit, no man could have been more industrious and indefatigable than I was. I proceed to a new subject, and shall now make my defence against the accusation, which is in substance ; that I did not avail myself of the opportunity, which the defeat of the Enemy, by Colonels Cass and Miller, and their possession of the bridge over the river uux Canards, on the eighteentli of July, afforded of making an attempt on Maiden ; -and that I did not maintain possession of th^ This forms the sixth specification under the charge of unofficer-likft conduct. The exposition which I have already presented of mv views and designs when T crossed to Canada, would, T humblv conceive, afford a sufficient answer 1o these accusations T did not think it expedient to pt'ack Afi'.lden, under any circumstances which existed, pre ions to our leaving Canada. Why T thought it expedient. I hrve already explained. The advantages which T thought were to be gained by delav a retrard which my orders compelled me to pay to the securitv of my own posts the necessity o kecpinir open mv communication, the certain consequences of defeat and the probable consequence's of victory have all been considered in making mv defence aerainst the chnrge of undue dclav in Canada. If I was iusti- fiable or even excusable, in deferrin-r the attack on Mnlden, T must be so in having omitted to avail mvself of the possession of the bridtn* and in not having attempted to maintain !t Tr would hive been, absurd to hare attempted to maintain a post so far in sdvnnce unless it was w''lh a vievf to nn 'mmediate movement on Ma' den. "Rn* I ber +be court to advert to the date of tbis transaction Tt was not on the eighteenth of Julv as mention- ed in Jhe specification but on tbe seventeenth as appears by mv letter to Colonel Cass. This was the fifth day after we moved into Canada at that time thf> deliberations of my officers in Canada, had uniformly resulted in the expression of an opinion thnt tbe attempt on the enemy's fortress should lv^ deferred till the artillerv was prepared. And it was imme- diatelv nfter the council at SandM-irh in which Colonel Cass himself, as appears bv the testimony of .Tud<rc Witberell. had advised that the at- tack on Maiden should not be made without cannon. Mv views in sending this detachment or rather in permitting Col. Cass t march it, appears from l\is testimony T meant it as a reconnoitering party, and by no means intended that the commanding officer should pursue mea- sures which mVM expose the detachment to be sacrificed, or oblige me to abandon the system I had adopted, by leading my whole army to its sup- port. Col. Cass testifies, that n. dav or two after Col. M' Arthur was de iached to the river French, he (Col. Cass) requested me to permit him to reconnoitre the ground between Sandwich and Maiden that I did permit it, and a detachment of 280 men were ordered for that service. General Tavlor states, that be was present when news arrived that Col. Cass had taken the Aux Canards bridge " That I expressed my astonish- frient that Col. Cass should h; ve commenced hostilities as T was not ready with the artillery that I appeared to be irritated, because Col. Cass had taken upon himself to act, without my authority the detachment having only been sent out for observation." It cannot be doubted but that General Cass knew my views, and the ob jects of his detachment How far he was justifiable in pursuing measures' so contrary to them, not only in m.-.k ing an attack, which might have forced me to a general and decisive act ; on fer his support, but after my verbal or- ders to retire, pe;'sistir,g to maintain his situation, until he hud tried the effect of a written remonstrance to me, H is unnecessary now te consider, 1 do nci\v believe that the hole of this proceeding was a inauoeuvre, to a; ford grounds for new clamors against me and weaken my authority. My officers, long before they had matured their conspiracy, to wrest the com- mand from me, by actual violence to my person, had formed a plan, ot" which I firmly believe this was a part, to place me in such a situation as would oblige me to be obedient to their schemes. If any thing successful was done, they would claim all the merit In case of disaster, the blame could easily be thrown on the commanding General. If I had led the ar- my to the Canards, which probuMy I must have done, to have maintained the bridge, instead of its being alleged against me as a crime, that 1 did. not do so, do you not believe Gemlemen in case we had been defeated, I should have been charged with misconduct, in having acted in opposition to the advice of all the councils, not to move on Maiden, without artillery ? And when it is considered that Col. M' Arthur was absent with a large de- tachment that I had received no intelligence from him that I was under great uneasiness on his account I do think that if I had left him in my rear, and with only part of my army, had taken grounds, which might have been the field of a general action with the enemy's whole force, which wa.-i then, either in respect to its regulars, militia or Savages, unascertained, and at that time but inconsiderably weakened by desertion, I should have been highly culpable. Col. Miller's account of this transaction is as fol- lows " In answer to a message sent to Gen. Hull, he sent us an order to return. The purport of his message was, thai he could not soon be ready for the attack on Maiden and could not think of dividing the army. \Y<* then wrote to him and pressed in strong terms the necessity of maintaining the bridge. In answer to which, he sent a written discretionary order to us, expressing his anxiety about Gen. M'Arihur, &.c." This order has been proved. It is in the following words. "Sandwich mh July, 1812, Sir, I have received your letter of this morning. To my astonishment I have not received the least information from M* Arthur. It is possible some- thing unpleasant has taken place. It will probably be a week before the cannon will be mounted. I am sensible of the advantage of holding the bridge. I would, not however, hazard too much for the purpose. The enemy may pass the ford above and come in the rear. I will however leave to your discretion and Col. Miller's, under all the circumstances of, the case, to do that which you judge most expedient. Twelve miles are :i great distance and the enemy can either land in boats above the mouth < f the river, or pass at the ford to attack you. You know the ground better than I do, and as 1 before observed I will leave the measure and the force; to your discretion and Col. Miller's and the best mode of security to th* party." I am very respectfully, your most Obecl. Se/vt. W. Hull B. General Col. CasS, Commander. 77 Col. Miller further testifies that " upon the receipt of this letter, tlie ofl iicers were called together, and it w;.s decided, that unless the bridge, be. ing 12 or 14 miles from our camp, and only 4 or 5 from the enemy, could be supported by our ivhule furce, we had better return, i<nd that as we had not the disposition of the whole force, which was thought necessary, we ought not to take the responsibility." This testimony I think developes too plainly to be misunderstood the design of these proceedings. I was to be compelled to abandon my own plans and to adopt those of my officers. I was to be compelled to lead my whole force in a oianner, under the walls of Maiden, without being provi- ded with artillery and was urged to do this by the commandant of the detachment, who, but a day or two previously, hud given a decisive opinion in council, that the attack on Maiden should not be made until the ordnance was prepared. But when it was found that my order left the officers of the detachment a discretion, and that if any attempt to maintain the bridge should be attended with any disaster, the officers must share the rcsponsL bility then there was no doubt as to the measures to be pursued. It wouM have disappointed the whole design, if I should escape any part of th-: odium. But however this affair of the bridge has been magnified, it is a fact, that '.lie possession of that pass by the ciiemy, never was contemplated as an obstacle to a movement on Maiden. They in truth, never attempted te maintain possession of it. Col.Cass's rencontre was only with a reconnoit- ering party. According to the testimony of Col. Miller, they saw no more than 50 of the enemy He says they had about 25 men on the bridge, and about 25 on our side, and that some men were discovered in the woods. After this, there were, as appears from the testimony of Col. Cass, repeated detachment* sent from Sandwich to the bridge. They alv. :;ys found it nn- eccupied by the enemy. It could then have been no object to have morecJ the army to that post, until the attack on Maiden was determined upon. It is curious to observe what 'trivial and irrelevant circumstances ingem'i- ity can bring together to create false appearances. Some of the gentleme who were prisoners with the enemy at the time of this transaction, have been produced to testily that when accounts reached Amherstberg that eur detachment had appeared in the Aux Canards, it created great con- sternation, and it was intended that it should be believed that the enemy \vere ready to abandon their post at our approach. But :t turns out upon further examination from witnesses of the same description, that th position to fly was only manifested by the town's people, who thought it unnecessary to expose their persons and cfiects in a place which was like- ly to be invested. This, so far from evidence of an intention to yield the place without contest, is not an unfrequent measure when the most obsti* nate resistance is intended. In my letter to the Secretary at war of the 19tH July, I mention the affair at the Aux Canards Bridge, and say great credit is due to Col. Cass and his detachment for firmness Col. Cass and the ther volunteers, when supported by the proportion of regulars which were with them in this first eixcormter \rith any eaetnr, I did thrr.k cj SI n-.-.s tltic to both ram and officers But when I wrote that letter I had not the same views of the designs farmed against me, which subsequent cir. cumstances have expressed. 1 did not then see that a plan, -which has been so successful, was settled, to ri:>Ve rny destruction a merit which was to give another my place, and some of his accomplices, rank and fortune. Ia;n charged with unofficcr-likc conduct in suftering my communication with the river Raisin to be cut off. Thin imputation is among the last that 1 expected to find in the catalogue of r.iy accusations. If it had been in- tended to shew that nothing- that I did or intended to do, could escape cen- sure, thh : >n v.-ould a'Tbrd strong evidence of such a disposition. In the means that I took to open this communication, arc also made the sub- jects of accusation. The detach 'nent under Col. Van Home, the retreat f rom i detachment under Col. Miller and under Colonels M' Ar- thur and Cuss, although they were all measures which were dictated by the strong necessity which I saw and felt to keep open the communication in question are all set down as instances of misconduct. But I would ask those, at whose instigation these charges have been made what mea- sures I should have pursued to have affected this object ? It must be re- membered that it was utterly in vain to have opened the communication to the river Raisin only no supplies could come from thence, that were not drawn from the western states. 1 must therefore have protected the road all the way from Ohio. Was this to have been done by stretching back so great a distance with a sufficient force ? If so, my whole ai-my would have bee n insufficient for the purpose. The two hundred men I sent under Major Van Home, my two senior officers thought insufficient. In their opinion I ought to have detached for this duty one of their regiments. Col. Miller, after he had defeated the enemy, had more than 500 men left, and was within 14 miles of his destination. He thought it necessary to send back to me for a reinforcement of one hundred and fifty or two hun- dred, before he could proceed although he knew that at the river Raisin lie was to be joined, and would be strengthened in his march back by the hmcnt under Capt. Brush, which had escorted the provisions to the river Raisin. If so great a number of men was requisite .nerely to force a passage to the river Raisin, and back, how great a portion of my ru .TV T.-ould have been necessary to keep open 1he road to Ohio, or even that por- iiieh wr;s between Detroit and the Raisin ? I think it must appear to the court that t could not have kept open thi': rxtensive line of communication, without distributing my whole :.nny along the road and yet, according to the inferences to be drawn from cs and spei:ifif ations, I was criminal in not carrying on an offensive v , and in not performing at the same time another sen have required all my troops. That this communication ought to have been kept open, is most certain 1 did expect it would have been. I did suppose- th;-.t u force w teen sent after me, adequate not only to this purpose, but to :;u;;nu . -iniv. The grounds I had for these expectations, will appear liom docu- UfV.T t' neb I lw v ' . It is alleged that I was guilty of misconduct iu sending the detauh Bicnt under Major Van Home because it was inadequate to the purpose for which it was intended. The proof of the inadequacy I presume is, that jt was defeated. It appears however, that it was not owing to the want of numbers, that this defeat happened according to Major Van Home's own account, the party that attacked him, he judged from the fire, was from 150 to 200. This was conjecture, for more than 40 savages were not seen. But these volunteers, the same patriotic men who are said to have wept so bitterly because they were not allowed to fight at Detroit, fled in the first moments of an attack with the utmost disorder and precipitation had this not been the case, the detachment was sufficient. If it had fought the ene_ my, there can be no doubt but it would have made its way good to the riv- er Raisin, where it would have been joined by a large detachment under Capt. Brush. If the detachment h:id been ever so large, it would have been insufficient, if the men behaved no better than those Major Van Home commanded did upon this occasion. But, Sir, the true foundation for thi s charge, is that I did not think proper to be obedient to the advice of my two senior officers. It was placed in this black catalogue, solely for the purpose of giving them an opportunity of proclaiming to the world their own superior sug.icily and judgment. It was to give them an opportunity to prove, by their own testimony, that whatever I did was wrong, and that whatever they advised, would have been right. But possibly I ought to h .\e suffered the advice of these officers, upon this occasion, to have had more weight. I should have refit cted tlixt they had the best opportunity of knowing the character of their own 'i-Kips. .ind might have anticipated their shrneful conduct. But dien I i<:-. -nt [ h.ivc reason to complain that Cols. Cass and M' Arthur were r.o- at tins t", candid as they were when it was proposed to attempt Maiden bv assault and that they did not tell me, as they did then, th.it they could not be re* sponsible for their men. If they had told me this, I might have thought it right to increase the force of the detachment, and to have added to it some regulars, whose presence might, as it did at the Aux Canards, have encour- aged the volunteers to face the enemy or made them more afraid to run- away than to fight. The court then adjourned to meet to-morrow morning at 10 oclock. Friday morning, March 18tk. 1814. The court met pursuant to adjournment. Present all the members: General Hull appeared in court, and proceeded to read his defence as follows. The next accusation is one that can only hare been set down to swell the list of offences imputed to me. For it is without any manner of foundation, It charges me with unofficer-like conduct in having detached Col. Miller on the 8th of August, and not having supplied him with provisions when hqp vas near. Brownstown. so " While Sir, I feel myself bound to acknowledge the liberality with whick I have been treated by the Judge Advocate in the course of this trial, and the delicacy with whicJHie has in general refrained from repealing the odi- ous epithets which are so profusely and wantonly used in the specifications. J cannot but regret, that he has in respect to this charge departed from his general observance; and that he should upon such evidence as was before him have thought himself justifiable in imputing to me misconduct on thi? occasion an useless waste of American blond. Sir, the American blood that was spilled in the contest at Brownstown was gloriously shed. It purchased a victory that did honour to our arms . True it was ineffectually shed but to lay the failure of the enterprize tt me and to reproach me with this waste of blood, is as unjust as it is in" human. '' I do not understand that I am supposed to have done wrong in sending the detachment, or in not making it of greater force By the testimony of Col. Miller, it appears that he marched with 600 men instead of 500, as is mentioned in the specification But the misconduct imputed to me is as I understand solely that I omitted to supply. Col. Miller with provisions after the battle at Brownatown. With respect to the want of provisions it appears that the detachment was amply provided when it left Detroit. The march they were to perform was about 30 miles and Col. Miller states that they were furnished with a supply for two days, when they set out but (he says) the provisions were thrown away with the men's knapsacks when they were attacked and though he represents the enemy to have been entirely beaten, and so fav driven from him, from off his route, that Captain Maxwell went from him to Brownstown and back, ind reported that the enemy were all gone an4 though Col. Miller states that he returned to the battle ground with his whole force and was in fact undisturbed on that ground nearly two days yet he says in his cross-examination that the provisions were not recover- ed, because he could not suffer his mm t > j..-paratc and take them up. I cannot conceive what necessity there could have been for his men's sep- arating. It appears to me that he would only have had to march his whole detachment over the ground where the attack was made and the provisions might have been recovered with as much security to the detachment, as when they were remaining inactive in the position to which they had rc- trogaded. Col. Miller in his account of this transaction states, that he con- sidered that his victory opened the communication to the river Haisin suf- ficiently for him to have proccodcd that on the evening of the day on which the battle was fought (that is on the 9th) he sent Major Snelling to make A report to me to inform me of the loss of provisions and to request tha". I would send boats or waggons with provisions, and to take back the wounded. He \vas also to request a reinforcement for Ccl. Miller which Col. Miller on his cross examination says he suggested should be from 150 to 200 men. Col. Miller also states that Col. M' Arthur came down the nest morning U on the lOtli) \vitli 8 or 9 bouts, anJ bronchi with him no more 81 two barrels of flour, one barrel of pork, and half a barrel of nt;. koj. That the pliee where the battle was fougkjt,' was about 14 miles iVom Detroit, and 16 to the river Kaisin, between Maguago and Brownstoun; it being late in the day before the wounded men could be got on board the boats, he kiiciv that he could not get through be- fore the n;xt night (that is the llth) moving as cautiously as they ought to do. That the men still complaining of hunger, he concluded that ho could send to Detroit that evening (that is the 10th) and have provisions Die next morning. That be accordingly sent an express to me on the evening of the 10th, requesting that I would send him two days provisions. That no messenger from me came to him until sun- down the next day (that is the llth.) That the messenger informed him that he hu.d been detained by his losing his way. That this racs- sengnr brought him an order from me to return to Detroit, and inform- ed him that he would find provisions at the river Ecord. That on the vauie evening he took up his march f.ir Detroit, and arrived there the next day, the liJth. That his force was 2CD regulars and 320 militia, ome of the .Michigan militia, and some oi' the Detroit horse. That the militia behaved well. That his loss was 17 killed and 64 wounded. Sir, it ha< always appeared to me most unaccountable, that Colonel Miller, after lie bad disposed of his wounded men, on the 10th, auu when, according to his own testimony, he considered that his victory Lad opened the communication to the river llaNin, did not proceed ; he had but 16 miles to march; he remained in the position he had ta- ken, from the evening of the 10th, when he had embarked his wound- ed men, until the evening of the llth, that is 24 hours, when be might have accomplished his march, as I should think, in 4 or 5 hours. At. the end of it he was sure, not only to meet the provisions he was sent, to eseort, but a strong reinforcement from the detachment under Cap- tain Brush. He says, however, that on the evening of the 10th, he determined to halt where he was, and to wait the return of an ex- press from rue, because he should be obliged to move with so much nut ion that he knew he could iiot get through until the next night. A very extraordinary caution, indeed, must have been necessary, that could have retarded, for so long a time, the march of a body of troops tor 16 milt-s through a space, which it had been ascertained, by thr report of Captain .Maxwell, was as far as Brownsto-.vn, at least, free !'. >>ui an enemy. But if the want of provisions was a reason for not proceeding to the river Raisin, why did not Colonel Miller push on to Brownstown? There was an Indian settlement which, without doubt, Wris, at loar.t, capable of supplying his immediate wants ; and from vhich he could not have been distant but a very few miles. If tiu r< . he could have got but one meal for his troops, it does appear to me that there would not have bfren any creat enterprise in undertaking 11 82 the rest of the march, which might hare been 12 or 11 mile*. wilhtmt any further provisions. It did appear to me not less extraordinary, that when Colonel Miller advised me that when he had pained so decisive a victory, that he con- ridered his road to the river IlaUin as opened; and that he had as- certained that there was no euctuy between him and Brownstown that he should, at the same time, have made a demand on me for a rein- forcement of 150 or 200 men, when, after his battle, he had 520 effec- tive men, 280 of whom were of his own regiment, and were almost the whole Ibrce of that description which 1 had under my command. Let me here remark, if so great a force, that is to say, between s- ven and eight hundred men, were necessary to force their way to thft river Raisin, what proportion of my troops must have been necessary, not only to keep open the communication for that distance, but t guard the line all the way to the state of Ohio. But it is not my business to examine the conduct of Colonel Miller, further than Lo shew that when I despatched him, with so large a de- tachment, with rations for two days, I had made every provision which 1 had any reason to think his exigencies would require. When, however, I received his demand for provisions, I took every measure that the duty of my station required to supply him. Colonel M'. Ar- thur was charged with this service, and I beg to present to the court his account of the manner in which he performed it. " On the day " we crossed from Canada," says Colonel M'Arthur, " that is the 8th " of August, Colonel Miller was sent with a detachment for the pur- ' pose as was stated, of opening a communication with the river Kaisin. " The night succeeding Colonel Miller's battle at Magungo, (perhaps ' the 9th) the genera! sent for me; the night was wet, he informed " me of the battle, and directed rne to take 100 of my regiment to " take the boats along the river, aud to descend to Colonel Miller's " encampment, for the purpose of bringing up the wounded men. lie " directed me to get one day's provision for Colonel Miller's detach- " ment. I called at the commissary's and was detained there 3 or 4 " hours in getting it I got what I could." It has been my misfortune, sir, that I have not been able to obtain the testimony of Mr. Beard, the commissary. lie has been regularly summoned by the judge advocate, at my request, and I have several times written to him, but he has not made his appearance. TJif- judge advocate, however, with his wonted candour, has admitted a document which, in some measure, supplies hi* tr^timony. It i* order which I issued to the Contractor, on the 9th >!' \u:i;it. for dc livering rations to Colonel M'Arthur for Colonel Miller"* detachment. The receipt of which order is acknow ledged by the contractor, or a thereof, which is in the following words : ' The contractor wil! issnc six hundred rations of bread or fie 83 hundred rations of pork, and twelve hundred rations of whiskey, to ' be sent to the detachment under the command of Colonel Miller. " By order of Brigadier General Hull, - H. H. HICKMAX, Captain Infantry." August 0, 1812. (Correct copy.) I). Beard. Now, sir, it appears that General .M'Arthur knew that one purpose of sending him to Colonel Miller's detachment was to carry provisions. He says I directed him to take one day's provision for Colonel Miller's men. That he was detained by the contractor 3 or 4 hours, and took what he could get ; and it appears that he arrived at Colonel Miller's encampment with only two barrels of flour, one barrel of pork, and half a barrel of whiskey. When I had given the order to Colonel M'Arthnr to take tke provisions ; when I had issued the order to tha proper officer to issue them to him, had I not done every thing that was incumbent ou me as commanding officer? was it my duty to go to the commissary's store, and to superintend the issues? If Colonel M -Ar- thur found the commissary disobedient to my order and unduly detaining him, why did he uot report to me ? How will Colonel M'Arthur excuse his having departed on this service without having with him the quan- tity of provisions I had ordered ? Is it sufficient for him to say he took nhat he could get ? If there was any deficiency he ought to have in- formed me of it. He could have had communication with me in five minutes. If want of provisions was the reason why the American blood, that was spilled at the battle of Brownstown, was shed in vain, I again ask was it not most unjust to charge that waste to me ? On the 10th of Augnst I issued another order for provisions for Colonel Miller' i detach- ment this has also been read and i* in the following -words " Detroit, August 10, 1312. " The contractor will issue for Colonel Miller's detachment, two " thousand complete rations. "A. F. HULL, aid de camp." These provisions were sent by the contractor to Colonel Miller's de- tachment. Colonel Miller met them on his return and brought them lack with him. An accusation of the same nature with that which I last considered is, that I also omitted to supply with provisions the detachment whu-h lei; Detroit on the 14th of August, under Colonels M'Arthur and Cass. General M'Arthur's testimony on this subject is as follows. " That on * the 14th of August, about noon as h thought, I sent for him and in- " formed him that I had just received intelligence from Captain Brush * that he had arrived at the River Raisin with provisions, and ' .said I wished to send out a detacJbment to meet him that he rcpii- v ed he was ready to obey my order. Colonel Cass said the same " thin;. That they (the witness and Colonel Cass) then returned to ' csrmp, and shortly after received an order to detach 150 men from 41 each of their regiu)cnt>. That in the evening I came aloug aud ask- "ed if they were ready lo march. The witnesses answered that thev "were not but as u;-u?J had not a bite of any thing to cat. That 1 " saic] the detachment must not be delayed and that I would send " provision after them." The witness then give-; an account of the pro- ceedings of the detachment 'till its return to Detroit and states thai they never received any provisions from the fort. I cannot but think that this account of General M'Arthur's con- duct, though given by himself, will excite the surprise of the court. He was ordered to march a detachment at about \2 o'clock. Hedoe5 not move 'till evening, and then I find that he has not obeyed the order. He gives roe to understand that he has boon waiting for provisions. If there was no order for provisions, why did he not apply to me on the sub- ject? But there was one, and I think General M'Arthur's testimony shews it. When he sees me he does not complain of the want of an order, but that he cannot get the provisions. If there was an order, and the proper officer did not obey it, why was not the disobedience reported to me ? In- stead of pursuing so obvious a course, Colonel M'Arthur chose rather to remain in his camp 5 or 6 hours. And if I had not accidentally met with him, how much longer he would have considered his delay warranted by the same cause, it is impossible to say. It does appear to me that this conduct of General M'Arthur is very unaccountable. Perhaps he hat) no inclination for the service he had been ordered to perform, or it may be, that he thought that by the delay, or by going without provision? he would bring blame on me. The behaviour of General AP Arthur up- on these two occasions, that is to say, in respect to the provisions which he was to take for Colonel Miller ; and in respect to provisions for hi* own detachment, it appears to me manifests very strongly that there was some hidden motive for his conduct and in this last instance there is a mystery which I am sure is not explained by any thing he has said. It never can be believed that he waited so many hours solely for the pur- pose of obtaining an order for provisions ; or if he had an order, that his delay was merely lor the purpose of having it executed. If his on- ly object had been to procure provisions, the means of doing so by an application to me were so obvious and direct that he could not have 1 hesitated to pursue it. IJiit if the court will recollect that at this time the conspiracy had been formed to take the command from me ; and that General Cass in his letter to the government has stated that the execution of it was only prevented by his and General M'Artliiir' haviag been sent 0:1 this detachment, it may account for the conduct uf these offers. The delay was possibly to mature their plot and t put it in practice. If General M' Arthur was on his trial fur misconduct in relation to these transactions I am persuaded that his testimony ought rather to Convict him than me. Bnt I did take m-v :s"rr ~ for supplying the detachment with the ne- 85 i-es*-:ry provisions Z-Iy information from Captain Brash \va5 that lie would be on his march wii.h the provisions under his escort, with the expectation of meeting a detachment from Detroit for his support. It appeared to me that not a mouicitl oa^lit to be lost in sending a force to meet him, and when F found that fieneral M'Artiiur iin.l tl.-lay- ed to execute my orders for so many hours, ! determined that the de- parture of the detachment should be HO longer postponed I therefore ordered it to march, and determined to send provisions after it on pack horses. 1 immediately gave the necessary orders to the acting commissa- ry general for thai purpose. This is proved by the testimony of Gene- ral Taylor. He says that on the 14th of August I did give him an order (o furnish paek horses to carry provisions for the detachment going to the River Raisin, under Colonels M'Arthiir and C'ass ; that ha did not know that the provisions were sent, but the pack-horses wore furnished tor the purpose, and he presumes the provisions were sent. That I gave all the necessary orders for sending them is certain : and if my or- ders were not complied with, I do not think that I am the person that ought to be called to answer for it. It never can he expected that ? commanding officer should not only give orders, but that he should attend to the execution of the details. There ivas, as Mr. Watson h;is testified, a want of system in every department of the ;inny, which it was impos- sible for mo. t> remedy : because- the head-; of thr:n were totally iiiox- perienced. However the fact is, that the provisions in this case were sent. But as the detachment, pursuant to my orders, took an unusual and obscure road, the guides, as I have heard, misled the provisions, and they were not heard of before the surrender. In the 7th specification, under the char :e of un-officcr-like conduct, is .Assembled a variety of accusations. The first is a little incongruous in Us language. It is stated that the enemy having erected batteries oppo- site to Detroit I war, from the llth day of August to and including the I6th day of the same month, guilty of a neglect of duty in not pr v.-n'.- ing the eucmy from erecting the said batteries. It would be an answer to this charge to say that I could not have prevented the erection of batteries which it is stated were already in existence. But though I think there are many incongruities of the ?ame nature in the spcv idea- tions ; I have not attempted to avail myself of them, and shall no fur- ther notice this. The Court will observe that this accusation is connected with and 411- .iefcd mlirely rests upon a previous allegation, that I well km.w that 'these batteries \vrre erected by the. eiit my with an intention to annoy Detroit, aud with a design to facilitate the invasion of the Michigan territory. Tlif- fact is that I had uo such knowledge ; I had a (inn persuasion that Lhe enemy would not invade our territory. I d:;l be- iievc that the v.'ur on their part would be entirely a defensive war, and that these batteries were only intended for the defence of their o;vn >!iorcs I admit,- ir, that my opinions in this rospect subsequent events 86 have proved, were entirely erroneous. Hut I cannot believe that a mis- take in opinion or judgment is to be punished as a crime. This would be less a defence to au accusation of this nature, was not the charge so connected as I have mentioned with the allegation that I knew how the enemy intended to employ their batteries : the question must be first asked had 1 this knowledge ? There is not a particle of evidence that I had and if this question must be answered in the negative, the accu- sation is not supported. But I do not rest this part of my defence on this ground. That the enemy did erect batteries opposite to Detroit, and that 1 did not attempt to annoy them till they commenced their fire on the 15th, are facts not to be disputed. I did hot annoy them for the rea- son I have above mentioned that I considered them as mere defensive works. But a desire to preserve my own ammunition was the princi- pal reason tor this conduct. I might have hindered the enemy from pro- gressing in the day time; but in the night any annoyance I could have given them would have been ine.ftectual. Captain Dalliba has given a statement of the ammunition. Captain Dyson of the artillery sup- poses that it would not have lasted more than 3 or 4 days if we had com- menced and continued firing. The fixed amunilion he says could not have lasted more than two days. Captain liacon testifies that/m the morning of the 16th, he examined by my orders the magazine and could find but one box' f 2 lib. cartrid- ges, and that he reported to me that they were nearly expended. The testimony of all the witnesses uho had spoken shows that my mind was impressed with the necessity of sparing the ammunition, and that this as well as the expectation that the enemy did not intend, as long as I did not provoke offensive operations, were the reasons why I did not cannonade the enemy while they were fortifying on the opposite shore. Major Trimble testifies that when he proposed to me to fire 09 a party of the enemy which made its appearance on the 1 1th of August at Sand- wich, I answered that it would not do to expend the ammunition use- lessly. Captain Bacon fays that on the morning of the IGlh he was di- rected by me to go. to Captain Dyson at the battery where he command- ed, and inform him that the 24lb. ammunition was nearly exhausted, and that he must not fire, but when there was a prospect of his doing execution. Another of the accusations which arc assembled in this spe- cification is that I omitted to fortify Spring-Wells. I do not know why it might not as well have bcnn alleged that I omitted to fortify any other position in I lie lliver Detroit. It is not in proof that that spot was particulary adapted to n fortification. If it had been fortified the enemy would not probably have selected it ;is their phxcc of debarkation. Almost any other spot within the s;\me Usiancc abnvc or bdow the fort, was as well calculated to afford them a landing. This specification also accuses me of having neglected to aunoy tbn < uemy after he Lad landed at Spriuj-Wells. Gentlemen, 87 the answer to this FprcinVation is embraced in the defence I hare madfc as to the final surrender. I had made preparations for attacking ; the troops were drawn out and formed in line of battle; but before the enemy came up, I deter- mined to surrender. My reasons for this measure 1 have already ex- plained, 1 shall not repeat them. I will only beg you to observe that the reasons I have ollered have not been 'ue^ested merely for the pre- sent occasion. Mnjor .Munson testifies that he saw me the day after the surrender, that. I told him I expected to be censured for what I had done but said, " I have done what under all circumstances was " most proper, and I have saved Detroit and the territory from the " horrors of an Indian massacre." Bnt I am accused of having made the surrender in an'un-officer-Iike manner, in hairing made, it before the articles of capitulation were sign- ed, in not stipulating for the honours of war, or for the friendly inhabi- tants of Canada who had taken protection from ns. Before I make ob- servations on thi> subject I beg leave to present to the court collected- ly the testimony which relates to it. Major Snelling testifies in substance that immediately after the second shot which did execution in the fort, was firrd. Captain Hull was sent across the river with a flag, aiwl that he (Major Snelling) was sent to or- der Colonel Findley into the fort. The witness having performed this duty, went to one of the batteries. While there a British officer with a flag came to enquire what was the meaning of sending the flag across f.he river, when General Brock was on the American side. Lieutenant Hunt then went with the information to me, and returned with a seal- ed letter, and orders that he the witness should carry it to General Brock. That the witness met General Brock at the head of his troops about three quarters of a mile from the fort, where they were not in i'rlit from the fort. The witness having delivered the letter of which he was the bearer, General Brock asked the witness if he nas a\dhori:tdto agree on terms ? The witness said not General Brock then asked two of his officers to j.o with the witness to the fort. As they approached the fort they were met by some persons who conducted them to a lent which bad been erected by my orders, where they were met by Colonels .Miller and Brush, commissioners appointed by me, and the capitulation was there signed by the commissioners. The contents of the note the wit- ness says were no more than these words "Sir, I agree to surrender the town and fort of Detroit" lie would not undertake to say that Iho words he gave were the whole substance of the note, but he br!;o\c- they were. Major Snelling further testifies that before the capitulation was M;II- ed he saw me near the marquee in conversation with Coione! : and with the British officers, Colonel AI'Donald and Captain Cleg;:, who e within the marquee. The witness said he did not rcc!ki 1 tbM 88 I took any part in drawing up the capitulation. That I orderrd ott ,i number of our officers who were collected about the marquc-c, and amou- the rest the witness. In a subsequent part of his examination he says that before tlr: ca- pitulatiwi was signed, Colonel Findiey's regiment was marched into thr. fort which was very much crowded. Captain M'Ccrmick testifies that after Colonel Fiudley's ieginit-n( had been ordereJ into the fort, he met Colonel Findley as lie was goinjr into the fort. That they there saw me. That I requested Colonel Findlcy to join Colonel Miller to treat with the enemy, and said that we could get better terms than we should if we waited 'till they at- tempted to storm the fort. Captain M'Cormick further testifies that as he went out of the fort, he saw the British officers Colonel M'Don- aid and Captain Clegs; coining towards the fort. Some one said it was improper they should be permitted to come in, and they went to the tent. Shortly after the British officers, with Colonel Miller and Colo- nel Brush came into the fort and were there together in Dyson's quar- ters, vhvre a- lie supposes the capitulation was .signed. The witness further testifies that before this and at about the time the British offi- cers and Colonels Miller and Brush went into Dyson's quarters near- ly all the troops were marched into the fort. In his cross-examination Captain M'Cormick says it might hare been ten minutes, half an hour, or more, after the firing ceased, before the troops were ordered to march into the fort. That the witness did not come into the fort till half an hour after the tiring had ceased. Major Van Home testifies that ou the morning of the 16th Captain Hull came to the tent of Colonel Findlcy in which the witness also quartered, and informed Colonel Findley that it was my orders that his regiment should move to and form ou the south west of the fort. The witness then describes the situation of Colonel Find ley's regi- ment in the line, and the manner in which the whole line was formed He then further testifies that after the HUP was formed, and abour an hour or half an hour before the flag was hoisted, I came to the line. That this was during the canuosiade. British officers wore then secu passing to aud from the Indians. That I appeared satisfied with the positions of the troops. That the witness said to me we shall be abk to give a good account of them. About the time the firing ceased wil ness turned round and saw a flag hoisted in the fort and at about the same time Captain Snelliug came with orders from me to Colonel Find ley to march his regiment into the fort; and said that itjwasmy direc- tions that as the flag was out it should not be violated. The witness further testifies that I remained at the line formed by the troops about three, or it mijht have been Ore minutes. Thai. Colonel Findiey expressed dissatisfaction with the order but said that it must be obeved, and directed the witness to march his battalion to- 89 the fort which he did, but halted n:ar the fort some minutes That finally he marched his men into the fort aud there stacked their arms. That Colonel Findley did not come until some time afterwards. The witness farther testifies that when he got into the fort he saw me, but was not certain that I was there when he entered. That some time after the witness had been in the fort I addressed him and several other officers at the same time, and invited them into the room of one of the officers. That 1 told them I had surrendered the fort and ;ra? about to make the terms* That I asked if they thought of any thing as A condition, I should be glad to know what it was. That the witness did not go into the room. That when he first saw me I was on the steps going into one of the rooms. That some time after this Colonel M 'Donald and Captain Clegg rode up, came into the fort, and went in- to the room where I was. That the witness does not know whether I did or did not go into the marquee before the British officers came in That our whole line, as he believes, had marched into the fort and stacked their arms. That this had taken place before the British of- ficers came in. Major Jessu;> testifies that he h:id observed our troops retreating, and .saw the flag flying, lie met Colonel Findley who requested him to vide towards the fort and learn the reason of the retreat. That lie found me in the fort and thought me rery much frightened. That af- ler a conversation with me, of which lie has repeated his own gallant expressions, but unfortunately cannot recollect what I said, ho went out and met Colonel Findley, and suid to him all was lost. That when he :-aw me at the time the terms of capitulation had been agreed up- on, that he met me in a piazza before Captain Dyson's quarters. That I was thea perfectly composed. He then relates a conversation with me which concluded with a re- quest that he would continue to act in his Mat ion 'till the troops were marched out of the fort. That he consented to this and n reived from me or one of my aids a copy of the capitulation, which I directed him to read to the trunjis, and that he did this M hen the troops were march- ed out at about 12 o'clock. The witness further states that he thinks ;> detachment of the enemy came into the fort, before the urtii 'jl.'.iio.i were signed. i3ut that he is not certain whether the enemy's troops marched in be- fore the American troops marched out- but knows that *he American troops did not march out 'till after the capitulation was signed. Cap- tain Uui ton testifies that he knew when the capitulation was agreed up- on. That it was done in Captain Dyson's quarter* where lie saw ir.c. General Brock, and two or three British officers. That they were wri- ting and preparing the articles of capituJrUi'.;i!. That he heard remark> which induced him to believe that the articles of capitulation were not agreed upon. That he could not say whether the American troops A- err theo in the fort bnt there were at that time 150 British troop 9Q i-iandmg with advanced arms in the fort. The enemy wore at or about this time placing guard's in and about the fort. That the reason why he supposes that the articles were not at this time finally agreed upon, was that he saw General Brock with a paper from which he struck out two or three, lines, which, as he understood, related to the regular troops returning home, which General Brock'said he would not agree to. That at about this time he saw one of the British officers writing. Before this he had seen the British officers and American officers at the marquee, and that I also had been there. That it was about three quarters of au hour after he saw the British officers going with me to the marquee before he saw the British officers in Dyson's quarters. On his cross-examination by the court Major Jessup says when the terms of the capitulation were discus- sing the American troops were crowded in the fort in the utmost disor- der and the enemy were permitted to approach so near the fort as to be able to take possession of the batteries. Captain Fuller testifies that soon after the white flag was hoisted lir went to the fort and there met Colonel M'Donald and Major Clegs Thai I was standing near the gate. One of the British officers said te me that they were sent by General Brock, in consequence of seeing ;* white flag lioMed, to receive any communications. That I replied I should surrender, and desired them to go to th** marquee, where I would go or send to them. That Major Clegg re- quested the wituess to go with him to the marquee for fear our militia might fire on him. That he went with him to the marquee; they were furnished with pen, ink and paper by Major Snelling : that soon after they got to the marquee I, Colonels Miller and Brush came, that he staid near the marquee about ten minutes and then went to the fort, leaving me at the marquee. That when he returned to the fort he found our troops were in, and had stacked their arms ; that some time after he saw the British officers, M'Donaid a|id Clegg come out of Dyson's quarters, one of them having a paper which he said had been signed by me, and that he was going to. take it to General Brock for his appro- bation, and wished the witness to go with him fur the same purpose that he accompanied him to the marqu.ee. That the witness went and found the British column led by Colonel Proctor about half a mile below the fqrt. That he left Colonel M'Don- aid and returned to the fort. Colonel Miller testifies that on the qaorning of the 16th I was in the fort, that it was reported to me that the enemy were advancing, and that part of the Michigan militia had joined the enemy. That upon this I asked him if I had not better send out a flag, he told me he did not know, 1 had better consult the officers who were without the fort, that they had the best opportunity of judging. That T said there was no time for consultation, that I would send a flag and that I did so. That nine time after this, Colonel Findley's regiment marched into the gar- 91 nson. That I went to a tent and sent for hira that when he approach- ed the tent I was standing in the tent, with my back towards him, that he heard me say to the British officers hi the tent " I will surrender." That I then requested him with Colonel Brush to assist in drawing up some articles of capitulation. That lie remained at the tent, lying on the ground in a violent fit of the fever and ague while Colonels Brush and M'Donald were penning the articles. The original articles of capitulation were then shewn to the witness and he said he believed them to be those which lie had signed, but said he was strongly impressed with a belief that when they were react to him, and he signed them, that they contained a provision that the gam 1 *on should march out with the honours of war. in his cross-examination by the court, Colonel Miller states that ac- cording to his best recollection, he went to the tent between 10 and 11 o'clock in the morning of the 16th. That he remained about three quarters of an hour, that after he had signed the capitulation, he went to the fort and went to bed ; there were then no British troops hi the fort, but he saw as he went in a company of about a hundred British sol- diers standing near the gate of- the fort, in a subsequent part ot his cross examination he states that I told him I was willing that he should make a surrender the basis of a treaty, and that he must get the best terms he could. He further says that when I sent out the flag, I mentioned to him that I did it to gain time. That I expected to procure a cessation of hostilities, and that I might in the mean time hear from Colonels iM'Arthnr and Cass. Colonel Miller was called again a few days after his first examination and he then stated, that after the first flag was sent out, and before an answer was returned, Colonel Brash came to me, and having been informed that Knagg's men, who had the advan- ced post below the fort, had deserted to the enemy, ColoneJ Brush ex- claimed that " By God," or that "be believed by God his men would desert to a man." I believe, may it please the court, I have here collected all the testi- mony that is material, whether it be for or against me, which in any wise relates to the matter now under consideration. I do not pretend that I have given the very words of the witnesses in all instances But I have done so as nearly as my own recollection and the notes o* my council would permit. If there be any errors or omissions, they certainly cannot be intentional,' because I know that the members o) the court will have recourse to their own minutes and to the record ot the judge advocate : and if it should appear that 1 have in any respeci wilfully perverted the testimony, it would b an artifice from which ! shojild derive no benefit. In reviewing the testimony the court I thhik must at once perceive a strange variety in the statements of the different witnesses, thougli the times at which the different transactions took place, are all ynpcr tabt, hardly aoy two f the witnesses agree in this respect . Tbt? c#ur * 92 will recollect that then 1 , are three documents in evidence whicli appear to form the articles f capitulation. These are all dated on the IGth of August one purporting to be the articles of capitulation : tire other purporting to be a supplement to the articles, and the third purporting to bo an addition to the supplemental articles. There is also a fourth document, being a letter directed to the commanding officer of the Ra- pids, which purports to be an explanation of the articles of capitula- tion. Before I make any observations on this testimony, I will give the court a relation of my conduct in respect to the surrender, and state the motives which influenced me. If a departure from the forms- ceremonies and etiquette of modern warfare, where civilized men are the belligerents, will condemn me I must submit. But I do persuade my- self that this court will consider my peculiar situation and the charac- ter of the enemy which was opposed to me ; and that 1 will be thought cxcuscable if I permitted a precipitation to which some forms and pa- geantry were sacrificed, with a view to save from the cruelty of the sav- ages many brave men and many families of parents and children. As soon as I found that the enemy intended a serious attack upou Detroit, I knew that sooner or later my army must full. I knew that even victory would not save me, and could be but a temporary ad- vantage. The certain consequences of defeat I could not contemplate without horror. It presented a scene which I need not attempt to de- scribe. It is obvious that it would have left our savage enemies to in- dulge, without restraint, their passion lor rapine and cruelty. The small body of regulars which I had with me I was obliged to keep in the fort for its protection ; I had no other troops that understood the; management of cannon; with one third of the residue oi' my force ab- sent, and with nothing to rely upon, out of the fort, but untried and and undisciplined militia, officered by mm, must of whom were in hos- tility to me, and had even conspired against inc. \Vhat \vas I to e.v pect from such a contest? I determined, at any rate, that I ought, i!' it were possible, to ward off the attack, and gain time until the detach- ment under Colonels M* Arthur and Cass, who were my two senior offi- cers, might return. The court will recollect that I had sent an express for them, as soot; as I received General Brock's summons on tho 15th. After tin- line, was formed on the 16th, as appears by the testimony of Captain M'Cor- mick, Colonel Van Home and Major Shelling, I visited the troops where they were drawn up. 1 thru unit to the fort in expectation oi hearing of the absent detachment; but receiving no intelligence from them, I determined to propose n cessation of hostilities to treat of a surrender. I accordingly sent a flag over the river, and when the J.ri- tish officer came to enquire the meaning of ihat tiag, I scut the notr to General Brock of which Major Snelling ^\>- ;iks. That thcsr were mj views when I sent the fiac, appears by the testimony of Colonel .Miller, ta whooa I explained myself on the subject. I do not recollect what 93 were the precise words of this note, but I think it will appe-Ar \< i evideut to the court that the contents of it could not have been a* JVlajor Snclling has stated, neither more nor less than an offer of uncon- ditional surrender. For according to Major ^nclling, the first (;iu>tiou General Brock put to him, after he had ixad the not;-, w.is to aslc .Ma- jor Snelling if he " was authorized to agree on terms :" Xo sue]) ques- tion would have been asked if I had offered to samndcr without terms. As soou as I had determined to negotiate, I also determined to change my positions for defence. I thought it better to draw the troops to the fort, and if I made a resistance, it was my opinion that. I could do it to most advantage by manning the fort with a full com- plement, and forming a line, supported on the ri^ht by the fort, and oit the left by the citadel and the batteries on the bunk of the river, hav- ing in front aline of pickets which extended from the li.rt to UK' cita- del, and which was intended to cover the commiiiiicat ion between on, md tlie other. With these views and intentions I ordered the troops to the fort, intending to post them from thence before ihe tutorial i;i.'i >liould break off, if there should be no terms agreed upon. When <!n M orders were given, I had appointed ( oloJ'rN Jlm-ii and .Miller to repair to a tent without the fort and treat with the enemy. ,\t this moment 1 received the intelligence that the two companies m< mioned by Major Anderson, Knasg's and Miover's had gone over to the enemy, ,md heard from Colonel Brush, the declaration that by God every man of his regiment had, or would desert. The consequences of such a defection immediately occured to me. Colonel Brush's troops had been posted to guard the upper part of the settlement. If they made no resistance, there was nothing to hinder the British and their sava- ges from landing above the town, and while we should be engaged willi the invaders from the south, the savages would be making indiscrimi- nate slaughter of the inhabitants, through the whole extent of tl; northern part of the settlement. From this moment I determined to surrender on the best terms 1 could obtain. I told Colonel Miller that this was my determination. I went to the tent. Colonel Miller had not arrived there. I had mentioned to Colonel Brush and tin- British officers the terms I should insist upon, and concluded by saying " / shall siirrendcr," meaning on the terms I had previously mention- ed. This was the declaration Colonel Miller heard. After I had ex- plained the terms I had expected, I left the tt nt and returned to the fort. On my arrival there, I found, to my surprise, that all the troop had crowded into the fort had stacked their arms, and were i:i ;t state of entire insubordination. Let it be remembered that neithci fit* these steps had been taken by my orders. I had ordered ( Findley's regiment only into the fort, and it is not proved or pretend ed that I gave any orders for stacking the arms. I now t>ecame impa- tient to put the place under the protectioa oi' tie- British. ! 9-1 ifaal there were thousands ot' the savages arouiitj uf. Lvery reports were brought to rae of their depredations, and in the situation fn which my troops then were, I could afford no protection to the in- habitantr. I was anxious that our enemies should have the command and government, that they might be able to put a restraint on their \avage sillies, which I had no power to do. An additional weight upon my mind, that had great infiuer.ce on my conduct, was, what I consi tiered might be the dangerous situation of the detachment undev Colonels M 4 Arthur and Cass. I thought it possible it might be at a distance, and might be rut off. If we should unsuccessfully resist, I was sure it would. In this state oi' things the articles of capitulation were brought to me from thu tent signed and executed. I accepted them. I gave a copy of then* to Major Jessup, as he has testified, and he afterwards read them to the troops, when they marched out at 12 o'clock. These must be considered p.s the article? of capitulation, and by these my conduct must be tested ; for the other two documents, the one styled supple- mental articles, and the other an addition to the supplemental article;-, are rather to be considered us an agreement between myself and the enemy's general, than as parts of the capitulation. I admit that when these were signed I had no power to resist, if he had not chosen to agree to them, and therefore they are no more to be considered as ;< part of the capitulation than the letter which b-jars date the next day. It were these supplemental articles which were signed in Cap- tain Dyson's quarters, and most of the witnesses who speak of what was done before or after the capitulation was signed, obviously speak ffith reference to the execution of these instrument--. liod knows the articles are not what I would have wished to have had them. If I had been warring with civilized man, where the blood of combatants could only be shed, I ought not, and would not have ac- cepted them. But when, upon the consequences of refusing them, depended the lives of so many innocent people, I did not feel mysell authorized to reject them. Having put before the court the testimo- ny which relates to this specification, and given my own account of the transactions to which it relates, I will again notice the accusations, ant) make some few observations upon them. The first accusation is that I surrendered before the capitulation was signed. This is certainly disproved. There was not an enemy in the fort before the capitulation was brought to me from the tent : nor before I delivered a copy of it to Major Jessup. The testimony ef Colonel Miller is conclusive upon this point. He says there wen: no British troops in the fort when he brought me the capitulation from t-he turf. A second accusation is, that I did not stipulate for the honours of war. o -v>ty of cirauTBStanrvs. ! 'n my situation, which I ha-1 to deplore, and which agitated my mind to a great degree, there was none that excited my own feelings more- than to find, that though this provision had been inserted in the articles as originally drawn by the commissioners, it had been stricken out ; I thought of rejecting the articles on this account ; I must have then opened a new negociation. I have already stated what appeared to me as the consequences of further delay the savages were unrestrained. I determined not to expose the lives of the inhabitants, to their fury, for the ^ake of ob- taining so useless a pageantry. The articles are also condemned because they contained no stipula- tion for the security of the friendly inhabitants of Canada. With res- pect to the people of Canada who had been friendly tons and who had remained in their own country when we retreat ft], no stipulation in UK ir favour was necessary. The British had offered full pardon to all their subjects who had shown any disaffection and when the capitulation was signed, there were none in Canada who had not availed themselves of thi ofiVr. With respect to those who were with us, the capitulation does contain an article in their favour they arc unquestionably inclu- ded in the third article, which provides that " private persons and prop- " erty of every description shall be resprctrd." l>ut, sir, a stipulation in favour of Canadians who were with us at the time of the surrender, was in fact entirely a matter of supererogation ; because, according to the best of my recollection, there M as but one person of that description with us at the time of the capitulation and he is now an officer ef rank in our army. The evidence that any stipulation for the security of the Canadian", other than what the articles contained, was unnecessary i.. that it \ the undoubted fact, that from the time we retreated from Canada, no individual has suffered in his person or property on account of any part he may have taken against his own government or on account of an* connexion which lie may have had with our army. The specification states other objections to the capitulation but as they are of an inferi- or nature and must be excusable if tltesc I have noted are so I shal' noi. trouble the court with any remarks upon them. Something has Ixu n said in the course of the trial as to my having, af- ter the capitulation, consented to the surrender of some distant posts. It might be enough to say that there is no specification on this subject; hut I will only observe that so far from this being a concession to the enemy,, it originated in my suggestion. I reflected that if they should hear of the capitulation, before they were informed they were included in the surrender, they might retreat if they should judge it in their pow- er to do so; but if early intelligence of the surrender should not reach them they would be exposed to the whoio savage force of the enemy, and might be sacrificed, unless they were protected by the capitulation. Much testimony has also beon given in rel.ition to the situation of thr- British U-opps before the surrender, and to shew that they were snflcr- ed to approach tao near our works before the capitulation was signed It would be easy to shew the strange contradiction of testimony on this point, and to prove that such an accusation would be without founda- tion. But certainly the accusations against me, and which I am obliged to answer, are sufficiently numerous. The court would hardly think me excuseable in trespassing on their patience to make a defence agnitif t accusations not preferred : I shall therefore say nothing further as to this suggestion, than that a specification founded upou it is nottc? be found untk-r any of the charges. There is, gentlemen, one other charge which I have to answer. It is an accusation which has been most wounding to my feelings, and the discussion of ivhirh is the most painful task I have yet had to perform. A'ot because 1 hare any doubt l::it that 1 shall convince you it is as much without foundation as any other, but because it imposes upon me tiie necessity of examining testimony, which no man, however inno- cent he may be, can repeat without disgust. If in the embarrass!,-);: and difficult situations in which I was placed, during my late command, I have committed some errors ; surely what I have suffered by this prosecution and what I must now suffer in ma- king this part of my defence, will be some atonement. For more than half a century I supported a character without re- proach. My youth was devoted to the service of my country ; I fought her battles in that war which achieved her liberty and independence, and which was ended before many of you, gentlemen, who are my judges, were born. If upon any occasion a man may speak of his own merits, it is at such a time as this ; and I hope I may be permitted to present to you ill very few words a narration of my life, while I was en- caged iu scenes which wore calculated to prove a man's firmness and courage. I shall c!o it with the less reluctance, because the testimony I have offered of the venerable men who served with me in the revo- lutionary war, will vouch for all I have to say. In the year 1775, at tlie p.ge of about 21 years, I was appointed a captain in one of the Con- necticut regiments ; during that campaign and until March 177(i, whrii the enemy evacuated Boston, I served with the army at Cambridge and Roxbury, and in tlio immediate command of General Washington. I was with that party of th,: army in March 1778 which took posses- sion of Dorchester heights ; the movement which compelled the enemy to evacuate Boston. The noxt day the rojriiQ^ut to which I belonged marched for Xew-York. I was on Long-Inland when the enemy land- ed, and remained until the night the whole army retreated. I was MI several small skirmishes both on Long-Island and York-Island before the army retired to the White Plains. I then belonged to Colonel Chath's Webb's regiment of Connecticut. This regiment was in the severest, part of the action on Chattcrdon's Hill, a little advanced of the White Plains. ;i few days aft'-r the main bodv of the nrrnv abandoned Xcw-York. This battle is memorable ii 97 lie liMory of OBT country, and the region at to which ! belonged reecit- t'd the particular thanks of Gem ral Washington, in his public orders, lor its bravery and good conduct on the occasion. It was particularly disiin*uish( d from all the other troops engagud in the action. I recci- sljght wound by a musket ball in my Hide, but it did not prevent JIK- from remaining at the head of my company. I was in the battle of Trenton, when the Hessians were taken in De- cember 1776, and being one of the youngest captains in the army, was promoted by General Washington, the day after the battle to a majority for my conduct on that occasion. The first of January 1777 I was in the battle of Princeton. In the campaign of the same year the regiment to which I belonged served in the northern army; I was -arly in the spring ordered to Ticonderoga, and commanded the regi- ineut (being the senior officer present) under General St. Clair, and I was with that officer in his retreat from that post . After General St. Clair's army fonn-d a junction with General Schnyler's army on the north river, at fort Kdward, the regiment to which I belonged was detached and marc lied to fort Sdmyler, and re- lieved that post, which was boiled by (u I!;M il St On the retreat ol'(!euer;il Schuyler's unny !'; >m fort Kdward I com- manded the rearguard of the army, and being two miles in the rear was ,'. Hacked by a large body of British troops and Indians at daylight in the morning, in which action were killed and wounded between thirty and forty of my guard. And I received the particular thanks of General .Schuvler for my conduct on the occasion. I was in the two memorable battles on the IJTth of September and :ho 7th of October on Boinis's heights against General Bnrgoyne's ar- my previous to it's surrender. In the action of the 19th of September I commanded a detachment of 300 men, who fought the principal part of the afternoon, and more than one half of them were killed or vvound- ed. On the 7th of October I likewise commanded a detachment fro/n the brigade which assisted in attacking the enemy on the left of our nosi. tion, defeated him, followed him to the right of his lines, stormed his jntrenchments, and took and held possession of the right of his posi- tion, which compelled him to retreat to Saratoga autl there to capitu- late. After the memorable event of the capitulation of General Burgoyne'r; army, the regiment to which I belonged, was ordered to Pennsylvania, to join the army under the command of General Washington. I remaiu- ed with the army the winter of 1777 at Valley-Forge, and in the spring of 1778, when ihe British army evacuated Philadelphia, I was in Ue battle of Moumouth. From December 1778^ to" May 1779, I commanded the American posts in advance of the White plains, near Kingsbi idge, during which time I held varion= skirmishes with the enemy. In jrj a y }T70 the prin- 98 eipal part of the British army advanced up the North River to Vor- piank's and Stoney point, and I was ordered to retreat before them to West Point. I then joined the light infantry under the command of Gtteral Wayne, and was in the memorable attack on Stoney point \vith4Fsepe- rate command of 400 light infantry. For my conduct on this occasion I received the particular thanks of General Wayne, General Washington and congress. In the summer and autumn of I7o0 I commanded the adranced posts of the army, and in December of that ye;ir, I commanded an expedition against the enemy stationed at Morrissina which was successful, and for which I received the thanks of General Washington in his general or- ders to the army and likewise the thanks of Congresx. General Wash- ington in his orders I well remember made use of these words "He thanked me for my judicious arrangements in the plan of operations, and for my intrepidity and valour in the execution." From the conclusion of the revolutionary war I have lived with th* respect of my countrymen, and have enjoyed repeated marks of their confidence in the offices which have been bestowed upon me. When I found that the independence for which I had so often fought, was as- sailed, that again my country must appeal to arms to avenge her wrongs, and to protect her rights. I felt that I might yet do her some service. For though many years had passed since I had fought under her stan- dard, and though my own arm might not have had it's u tinted strength, yet my <pirit was unbroken, and my devotion to her unimpaired. I thought iii the field where there rouldbe but few who lia<l any military experience, what I had learned in the most active scenes of a seven years war, might be useful. I fondly hoped that in my age, as well as in my youth, I might render services that should deserve the gratitude of my country. That if I Ml by the sword of her enemies, my grave would be moistened with the teal's of my countrymen ; that my doren- dants would be proud of my name and fame. But how vain is antici- pation ! I am now accused of crimes which would blast my former hon- our-, and transmit my memory with infamy to posterity. -\nd in that hideous catalogue, there is none from the imputation of which my na- ture and my feelings have more recoiled than from that of cowardice, to which I am to answer. I shall confine myself under this charge to the specifications, or to such part of the specifications as relate to my personal deportment. Almost every act of omission or of commission, during the campaign, which it has been thought proper to censure, have been assembled imder this charge, and they have all been imputed to cowardice. But as most of the acts have been specified in support of other charges, I shall not again notice them, but. confine invself to the allegation, that I shewed personal fear, and a want of courage. However painful the recapitulation of the testimony, on this point, 99 must bo to me, it is so necessary that it should be brought together, that you m;iy hav>: it before you in one view, that I shall go through the disagreeable task of repeating it. The tirst witness, in point of fact as well as importance, is Major Duelling; he was a captain when lie joined the army at L'rbanua, but is now a colonel. He testifies as follows : " during the cannonade I frequently saw the general. I once saw him standing. He might have risen twice. Most of the time he was Bitting on an old tent uudcr the curtain of the fort, opposite the enemy's batteries. I have been taught to believe that there are certain human passions which are indicated by appearances, and the appearances of General Hull, according to my iniud, indicated fear." " The reasons that induced me to draw that conclusion were, that the general selected the safest place in the fort for lii< seat. His voice trembled when he spoke. He apparently unconsciously filled his mouth with tobacco, so that his cheeks were extended by it. The -aliva ran from liis mouth on hi- neckcloth and clothes. He often rub- bed his face with his hands, and distributed the tobacco juice about his face." He further testified, on his cross-examination, that when he return- ed from Spring-wells, at the dawn of day, on the morning of the Kith, he went into the fort to make his report to General Hull, but could not find him, nor find any one who km v/ when: lie was. He said he did not know if General Hull was in the fort at the time the officers were killed ; he saw him immediately afterwards. After the men were killed, it might have been \>> or 20 minutes before he, saw Captain Hull with the white flag: it might have been an hour, but he did not think it was. The witness could not say that he saw General Hull in the situation he has described, between the time the men were killed, and the send- ing the Hag by Captain Hull. Ih: recollects that at the time Captain Hull was fixing tlu- lla^. General Hull was standing, and was in the situation In* has described. General Hull was out of the fort early that morning, but the witness does not know where he was. At the time tin- enemy was crossing, the general was standing on the parade. I wish the court to notice the great attention which Major Snclling paid, to be particular in very minute circumstances, in giving his testi- mony, not only as to the positions in which he saw me, but when his examination was read over to him, ami he found, that as it stood, it represented that he had said that I had distributed the tobacco over my face, he desired that it might be corrected so as to state that what he had said was, it was confined to the lower part of my face. Captain M'Commick testifies as follows " I was not present when Colonel Kindley received orders to march into the fort. I joined him as he was going into HIP fort. Hr told mo of the order and said he 100 would not obey it, but would go into the fort himself, and directed UK to form tbe regiment. Tin: colonel then came hack so near to me as to tell mo to let the companies march up, and I did so." The witness then relates what passed between Colonel Findler and myself, and pro- ceeds as foi' ' The general appears rr TV much agitated, lie appeared to be un- der as much alarm as I ever saw a person. He Lad ' ing lo- bacfco, and tiic lower part of his faro and his vest urn- covered \vitK it." On his cross-examination IIP testifies that it i.'iight have boon ten minutes, or half an hour or more after the firing ceased, before Hie troops were ordered to inarch into the fort. That it was at least hali an hour after the fning before the witness went into the fort. That he saw me once that morning out of the fort, and thinks 1 was near where Colonel Findley 's regiment was forming the line of battle behind" the pkket-fence.. Colonel Van Home, who was a major of Colonel Find- ley's corps, testifies that after Colonel Findley's raiment was formed, on the morning of the U>th of August, and about an hour, or half an hour before the flag was hoisted, I was at the line. That this was du- ring the cannonade. That at about the timo the firing ceased, Captain Snc-Iljng came with orders that Colonel Findley should return with hi> regiment to the fort. The cannonade had tl:;n censed. The witness turned round and s;tw the Hag hoisted on the fort. The witness further stated that he then went into the fort with l:is battalion, and after he got in he saw me but is not certain whether I was there when he en- tered. The witness then proceeded as follows " When 1 first saw General Hull he was on the steps going into one of the rooms his face was discoloured with tobacco juice. It was over the lower part of his free and a spot was over LN eye. I thought he nas mid.T the intliicnrv of fear. I had no doubt of it . " On his cross-examination he says, that he saw me on the night of the l. r >tb, and as he thinks about midnight, and before the cannonading had ceased, at the place where Colonel Findley 's regiment was formed that night. He saw me the next morning out of the fort at Colonel Findley'? quarters, and again at the line of battle. When the witness v,.i., asked whether care and anxiety might not have produced the appearance he described, he answered that care and anxiety might have added to those appeaiances but upon comparing laces, lie thought mine had the indica- tions of tear. Captain Baker testifies as follows " I saw General Hull on the morning of the 16th, he appeared to me to be embarrassed and at a ioss how to act. I had but oo opinion which was that he was nnder the influence of personal fear. I could not account for the surrender in any other way." On his cross-examination he said " On the morning of the IGth, during the cannonade 1 saw the General in the fort, sometimes sitting, sometimes walking, and sometimes standing." 101 I,i< nienimt IStambury testifies, that on the night of the Kith of Au- iiut he found me, at about 11 oVlork at night, laying on the piazza- of lie barracks in the fort with my boots ;ui<l clothes oji. That in the noraing when lie awoke at day-break I was not there. I saw tin: gen- eral, says he, on a tolerably safe place as lo his being afraid I rail- not s.iy whether he was or not. I saw the general on the parade ground. 1 did not sec any necessity fur hi< exposing himself inon: than he did. Major Jessup testifies that on tin- morning of the 15th, after the can- nonade commenced, lie, in company with Mr. Ihigan, met me on horte- k in tlie street near the second battery. He says "The gener.il appeared to he agitate d cither Mr. Dngan or myself observed (he general was frightened. One of us said we must ehecr him up. We approached him and spoke to him. He appeared pale and confused immediately dismounted and led his hor.M- towards the fort." "1 did not seMieneral Hull 'till about break of day on the morning; of the 115th, when the general came to my tent and dir. cted me to iiie an order for the return of Colonels (.'ass and M'.Artlmr." The u itne>> further testifies, that shortly after the enemy commenc- ed their lire that at the request of Colonel Kiiullcy lie went to me to have an explanation of an order which had been delivered by my aid- de-camp that In- found me and rect i\ed diivctiom from me for form- ing the line of battle. That while he was attempting to collect some dragoons, of which I had directed him to take the command, lie saw that ourjine was break- ing and retreating towards the fort, lie then looked towards the fort -i:id saw the white flag uVine; from it. That at the request of Colonel Kind ley- he then went to the. fort. The witness then proceeds as fol- lows " 1 found tlie general in the fort I thought him very nv.ieb frightened. When I met him I enquired of him if it were possible we were about to surrender. He said something about terms, and some- thing aliout the enemy's force which I do not recollect. His \oic,; at that time was tremulous. I observed we could at le-'.st hold out 'till joined by Colonels C'ass aud M'Arthnr. He replied my God what Muill I do with thc::e wo.nen aud children." Tli- witness then states that he left the fort, went to Colonel Kind- ley and did not see me 'till terms of capitulation had been agreed upon, That then 1 was perfectly composed. The witness also testifies as follows : " When I came to report to the general after reconnoitering the enemy, I found him on the side of the fort next the. enemy, completely she!! i ivl, sitting on a tt nt beside a bed, at the same time I reported that our ouard, the most advanced towards the enemy, had surrenderee 1 . The genera! said that Colonel I.rnsli had reported to him that his men wen- leaving him. After this when I met the general in the fort, and after hr flag was hoisted, he exclaimed that four men had been killed 102 l>y one shot .' He appeared so alarmed as not to know what he was do- ing." The witness then describes my appearance at that time nearly in the ivords which had been used by other witnesses. The witness in a snbsc-quenl part of his examination stated that at the moment, when he was in conversation with me on the evening of the 15th, near the second batt-jry, a ?hot struck a stone house near me. That I appeared ninch agitated, dismounted my horse and walked off without making him a reply. Whenever I saw the general says the witness, before tho capitulation was signed, he appeared agitated ; af- terwards, entirely composed. Whether the limitation proceeded from the novelty of his situation or fear I cannot say, but I believe the lat tor, if not both." Captain Eastman testifies as follows: "on the CTening of the 15th. a shell appeared to be coming into the fort. General Hull ran towards the north-tvest bastion apparently to avoid it, and to get under corer of the platform. The general appeared alarmed and frightened, and I also observed it to my companions at the timr." Lieutenant Philips testifies as follows : " I saw General Hull on the morning of the ICth, most part of the time daring the cannonade he was sitting with his bark to the parapet next the enemy. He w as sitting there with a number of gentlemen. [ recollect on<; g:ntk-man and om- lady near to him. He appeared to mo wi'iVr the influence of fear ; he appearc:! very much agitat <}. I think Doctor Cunningham was the gen ticman that was with him. There might have been other officers with him, but I do not recollect." Colonel .Miller testifies a^ fullous : I did not discover any agitation in the general on the l. r >th, on the 16th he t'id appear much agitated. He was in the fort sometimes silting and sometimes standing and some- times walking. Whether his agitation proceeded from anxiety on ac- count of the responsibility he was taking, or from personal alarms I annot say. After the surrender he told me, he was afraid if he had fought the cncir.y they would have taken advantage of that part of his proclamation which declared that no white man taken fighting with an Indian should be spared." On his cross-examination Colonel Miller said"' 4 1 saw no act of the general's on the morning of the 16th, which I can say might not have proceeded from the fatigue and responsibility he was tinder." I put to C'olonel .Miller the following question. Can you mention any act of mine on the 1 6th, which you did then or do now impute to personal fear ? To this the witness answered, "yes I did think such an immediate surrender must have proceeded from your fears." To the following questions, did you sec me while I was in the fort ir : :ire or station unfit for a commanding offi< 106' The colonel answered, " I can describe to the court where the gene- ral was, and the court can judge. " He was generally n?ar tue easterly {;iii - ;.|i^-l uf tii;- fort. I as there part of the time myself. The geirjral loaned down. The whole easterly side of the fort was as safe as tiie spot where the n'-neral v.at. for the most part of the time. The s/.-nx-al's station vas the most con- venient to receive communications from without the fort." "Colonel Miller upon a re-exaaiinatiou further testifies, " tliat he had frequently observed a habit which 1 had when I wa-i much engaged, of chewing tobacco to excess, and taking it from my mouth with my lingers and rolling it in my fingers, and putting it in my mouth again, and roll- ing it from my mouth to my fingers alternately. 44 That he observed more of this habit on the 16th than usual, and thought the addition might be owing to \\ant of rest, from fatigue. -Major Wheeler says my appearance induced him to think I was uu- der the influence of personal fear. Lieutenant 1'eckham testifies that ho saw me on the. ICth of August, and says, 1 had no doubt but that the general was under the influence of personal fear, from his embarrassment, as he sat still and gave no orders. Major Munson testifies that he saw me on the l. r >th of August, and saw me again on the ICtii, after the capitulation was settled, fie adds, " the general's situation was critical; if he hail had any f i ings, he must have had great care and anxiety. I saw nothing which might not have been accounted for without resorting to the. inmres-ii.)' of personal fear." On his cross-examination, b/ the court, this witness says, " It wa-* 10 or 15 minutes alter the officers were killed, that he saw me suiting in one of the officers quarters, but does not recollect that it was dur- ing the cannonade, either on the loth or ICth, that he saw me. Captain Maxwell testifies that he served in the revolutionary war- was engaged in the affair at lircwnstown. under Colonel Miller, win>u made the twenty third battle in which he had fought. That after the cannonading commenced on the 1.1th, he saw me or> horseback at one of the batteries. That 1 had a conversation with the officer ceii-inancling at tLe tiuie the balls were passing and repnviii:: ; that he took notice of my coun- tenance, and that I appeared firm, collected and cool ; that I sat 4 cr 5 minutes on my horse and rode off again. That he did not see me on the ICtli. That at the time the army was retreating from Sandwich, there was a clamour that I was intimi- dated, and that was the reason why, on the evening cf the ICth, lie particularly observed my countenance. General Taylor testifies, that In: saw me several times on the even- ing of the loth, during the cannonade; that there was no impression made on bis miud of my bring under personal fear or. that dayr*? rrrr Sag; thai I appeared to be thoughtful and vti v low spirited : iii;a HI heard no indication of inspiriting the men; t!<at my countenance was dull; that he saw me near the gateway; a:i<l that I ordered Colonel Findlcy to ineve from the upper to the lower side of the tort, without any specific orders how to form. Early on the 16th, information came 'hat the enemy were preparing to eross, and no orders were given to resist them. That my appearance displayed more of the marks of to- bacco than he had generally MVII in :i neat man ; that his impre^>ioi. was, that I was under the influence of personal fear ; that lie did not :ee me again until the flag was hoisted ; that when he saw me near the gate, on the 16th, he saw many oflicer; with me, and among the rest Captain Spelling.; that he did not consider being there as shrink-* ;ng from danger. Captain Bacon testifies, that he sow me in the fort very frequently an the 15th and 10th. That on the 16th he saw me with Dr. Cunning- ham and his wij',?, sitting on some planks ; that he also saw some othci persons there, some of whom he thinks were officers. That during the oannonade he saw me on the parapet of the fort, once on the evening of the 1 5th, and once on the IGUi. That he saw me in different places .i!jiiif thr- ^-arri-on during the cannonade. That I seemed engaged as usual, Lut niiitntf'd, on the morning of the 10th more than common, that he did not know the cansv, that he had no suspicion that it was personal fear ; neither did he hear such a suspicion expressed by any ;if the officers, tUat after the shot came which did execution, the offi- cers and men very generally wen- on the eastern suit- of the fort, under ihe protection of the parapet next the enemy. .iiidge \\ iilierell testifies that he saw me on the l. r >th, during the rannonade in ;>T one of our batteries ; when, from all he saw, I was cool ind collected. 1 beliere, gentlemen. I have now collected, and presented to you in connexion, e\ery syllable of the testimony which has been oflered in -.upport of the specification under tiiis charge, which relates to my personal appearance, and deportment. Such facts of the testimony us have the most bearing, I have endeavoured to repeat, in the wit- a<-SM'S own words ; and have done it with as much accuracy as the notes taken by my counsel would permit. Before, gentlemen. I proceed further on the examination of this tes- timony, allow me to lay before you an extract from an author of great respectability, containing rules not inapplicable to the present occa- sion, by which the. credibility of wi'.nosses ought to be tested. " A witness, says Mr. Tyler, in his I-X-ny on .Military Law, who am- plifies his testimony, unnecessarily enlarging upon circumstances mita- ourablc to a party who seems to be gratified by the opportunity t .< i'urnishing condemnatory evidence, or )n:inil' stly betrays passion oj - prejudice in the substance of his testimony, or in the manner of de- livering it, h to be listened to irjtli gu*]>i''ion of his veracity.' 1 If a witness, the author adds, " takes upon himself to remember, witii the greatest minuteness, ail the circumstauces of a trausactioo long since past, and which are of a frivolous nature, and not likely to dwell co the memory, his testimony is thereby rendered very suspicious." I ask the members to test the testimony which has been given against me by these rules. Were there not many of the witnesses who amplified their testimony, and unnecessarily enlarged upon cir- cumstances unfavourable to me ; who seemed to be gratified by the opportunity of furnishing condemnatory evidence ? I appeal to the court to judge of the manner in which the testimo- ny of some of the witnesses was delivered, and whether they did not betray a warmth that could not leave them free from a suspicion of strong prejudice or bias. Major Snelling has certainly taken upon himself to remember, with the greatest minuteness, circumstances of a frivolous nature. He remembered that my cheeks were swelled with the tobacco I put in my mouth. He remembered that my neckcloth and vest were soiled, and the tobacco was distributed about my face ; and when his examination was read over to him, his recollection was so extremely accurate as te the most minute circumstance, that he insisted upon what had been written to be so corrected as to read, that it was the loner part of my face which was soiled ; though on this particular he Ls contradicted by Colonel Van Home, who, it appears, was no less observing of minute circumstances, and whose memory is not less tenacious of them. Co- lonel Van Home recollects, and has been very particular in stating, that there was a mark made by the tobacco over one of my eyes ; he was so very minute as to observe that it was over my left eye, though 1 believe it is not so recorded in his testimony. Major Suelling'g correction with respect to the situation of the to- bacco on my face, will not appear in the record of his testimony ; but it will be brought to the remembrance of the court by my reminding* them, that, when Major Snelling proposed the alteration in the record, so as to state that he meant to have spoken only of the lower part of my face, I objected to its being altered on the minutes, and wished that it might appear from the record of the evidence, that this was a correction of his. But, gentlemen, the opinion of Major Snelling that I was under the influence of personal fear, as well as the same opi- nion of other witnesses, who have very nearly followed his words in their description, is formed, as they avow, from my appearance, and from my situation and conduct in the tort. A correct and certain Judgment of the emotions of the mind, from indications of the countenance, or from mere personal appearances, can hardly ever be formed ; and it must be infinitely difficult to do so when fatigue, anxiety, and a great responsibility may, all at tbr fame time, be producing their effect. 14 106 Major Snelling, though a very young gentleman* it is to be presum- ed has great acquirements ; and it would seem, from his testimony, $hat the human passions have been the object of his study. He intro- duces his testimony on this point with these words : " 1 have been taught to believe that there are certain human passions which are in- dicated by appearances ; and the appearance of General Hull, in my mind, indicated fear." I hope that these professions of Major Snelling will not give his opi- nion an' undue weight, because he has not told us in what school he acquired his science in physiognomy; nor has he given us the rules by which, when the mind may be under various excitements, he can dis- tinguish the appearances which will indicate the prevalence of one over the other. Major Snelling, I have no doubt, when he gains mort- age and experience, will find that the indications of appearances, in re- spect to the human mind, aro fallacious. His own case may afford an evidence of it. I myself, and many who l:(,.ird his testimony, and that of many others of the witnesses, and marked the manner of it, thought that they manifested great passiou and prejudice against me that they seemed gratified with the oppor- tunity of furnishing condemnatqry evidence. These appearances may have been fallacious ; but if they were so, it is strong evidence that the most erroneous conclusions may be drawn from expressions of coun- tenance, tone of voice, and eagerness of manner. I beg it may be observed that most of the witnesses, except Major Snelling, who have given their testimony on this point, did not see me in the fort, until after the flag was hoisted, when there was, of course, a cessation of hostilities, nor until after I returned from the tent. The witnesses have all endeavoured to impress on the minds of the court that I intended, in all events, to make an unconditional surren- der. If this were the case, where was the occasion for personal fear, after I had invited, by the flag, a negociation, and had stopped the enemy's fire ? Major Jessup says, that when he saw me, before the capitulation was signed, 1 appeared greatly agitated, but that after- wards, I was entirely composed : and yet, as Major Jessup did not see me in the fort, on the 16th, until after the negociation was commenced, there was no more ground for agitation, from personal fear, when he saw me ou that day, previously to the capitulation, than there was after that event. There is a part of Major Jessup's testimony which is certainly wor- thy of remark. His power of judging of the human passions from ap- pearances, is even superior to Major Snelling's ; because from his tes- timony, it seems, he can perceive the appearances when the object is at some distance. He states that when he and Mr. Dugan saw me on horseback, on the 15th, 1 appeared to be frightened. One of them said we must cheer him up. We then approached him, says the witnr.^. and spoke to him he appeared pale, &c. so that they had, according 107 to this testimony, perceived that I was frightened while I was back in the face of the enemy's fire ; and before they had approached me, or spoke to me. I do not deny that on the morning of the 16th I was greatly agitated, my body was worn with fatigue ; and my mind was filled with the deepest anxiety. On the one hand I well knew the consequences of a Surrender. I knew how unfortunate it was for my country that I should be obliged to yield ; I saw the consequences to myself; I knew that the disappointment of the high expectations which had been raised would be charged to me, and that all the faults of others, to which in fact the failure of the expedition was owing, would be laid at my door. I saw too, what was intended to be the effect of the opposition of my officers to a measure they knew I must or would pursue. In proportion as they found me decided on this final step, they became insolent in their oppo- sition, and were most so when it. was ascertained that they would not meet the enemy, and could not be punished by me. They foresaw that great reputation was to be purchased at so cheap a rate as appearing highly averse to the surrender; and afterwards publishing to the world all they said and did, as evidence of my criminality and their own heroism- While all these considerations enlisted every private feeling against the surrender, my mind was agitated by the opposite demands of duty ; the dreadful consequences of unsuccessful resistance, or indeed of any thing less than a most decisive victory, filled my thoughts. In the midst of a people among whom I had lived so long as to he known to al- most every inhabitant, all of whom looked to me for protection, and many of whom had sought safety in the fort. 1 could not reflect on the horrors of a general massacre which would have been the consequen- ces of a defeat, without emotion. He who, in such a situation, could have been perfectly tranquil whose appearances should have discoverd no agitation, must have been either less or more than man : He must have been denied the sensibilities common to our nature, or been en- flowed with faculties more than human. When the court considers my situation ; how many causes there were to excite strong emotion ; will they believe that the witnesses who have testified on this point, were capable of such discrimination as would enable them to ascertain, that the appearances which they have described proceeded from personal fear ? Major Snelling professed to have been uninstructed in I his branch of science, but Captain M'Com- mick who was not in the fort 'till after Findley's regiment marched in, made no such pretensions ; he appeared to found his judgment on liii natural iustiuct, and indeed he did right uot to make a claim which was out of the first stage of civilization : to which rank, notwithstanding his tawdry regimentals, it was evident he belonged. Several of the witnesses have given their opinions on this subject, with less confidence, and some qualifications. Colonel Van Home has admitted that care and cmiwty, might have added tt> Uie 108 which he described. His belief, however, as to what relates to person si fear, he says, he formed from a comparison of faces, by which he judg- ed that mine indicated fear. I believe, sir, that in the comparison of countenances, when I was surrounded by my officers at the time of the surrender, a vast differ- ence might have beeii observed between the expression of many ol their's and mine. If my countenance expressed what I felt, it must have shewn traces of the painful anxiety, by which I had been oppress- ed, and marks of the deepest- regret for the measures I had been obli- ged to pursue ; while other faces might perhaps have beamed with thr exultation which the minds of some can feel, when they look upon what they may think a fallen man. Possibly, there may have been around me, those who felt and whose countenances expressed a joy, that, by the capitulation, they had pur- chased personal security, and avoided a bloody contest, at the expense, as they supposed, of my character and honour. General Taylor also concluded from ray appearance, that I was under the influence of personal fear. He gives you the grounds on which h<- drew his conclusion They are that I appeared thoughtful and vcrv lowspirited ; that my countenance was dull, and that he saw about me. more of the marks of tobacco than was consistent with neatness. Ar these grounds which will warrant a conclusion that is to affect the lift- erf a man ? As to what has been said on this disgusting subject of the tobacco, I will dismiss it as to all the witnesses, with a reference to th<>. testimony of Colonel Miller, Who proves that I had a habit, which inigh'. have produced all the appearances, which the witnesses say my chew- ing had produced. It is known that where there is a habit of usinp, tobacco, it is commonly (unconsciously) taken to excess, \vhenevertbe mind is much occupied ; even the excitement, that some of the witness- es who use tobacco, felt while they were under examination, deluged this floor with their expectorations. Major Munson saw me in the fort 15 minutes after the officers were killed. He does not recollect that the cannonade then continued. But I beg the court to remark, that he speaks of a time, to which the testi mony of many of the officers, who have spoken of my personal appear- ance, must refer He says he saw nothing which might not have been accounted for. without resorting to the supposition c>t personal fear. Captain 3Iaxwell did not see me on the Kith, but on the 15th he saw me in a situation where I was exposed to the fire of the enemy. He says that I was collected and cool. He informs you why he was indu ced to notice my appearance ; and his testimony is of some importance, because it shews, that, as early as the retreat from Canada, my officers had began to propagate imputations on my courage ; and because his testimony must relate to the same time when Major Jessup says h*. saw me on horseback, and observed such stroni indications of fear. If. Sir, the opinions of the;? two witnesses are in opposition, the court 109 must determine whether they will rely on the veteran, who has been twenty-three times engager] with the enemies of his country, or the young gentleman, who at the time lie speaks of, was about 25 years of age, and who knew no more of battles than what he had heard or learn- ed from books. The testimony of Judge Witherell, who was a revolutionary officer, who also saw me on the erening of the 15th, is likewise in opposition f o the testimony of Major Jessup. Captain Bacon says, I was much agitated on the morning of the ICtJi, but that he had no suspicion it was personal fear ; neither did he hear such a suspicion expressed by auy of the officers. The deposition of Major Anderson I have not been able to procure in time to submit to my counsel, previously to my defence being closed. It is very important, not only as it respects the point now under con- sideration ; but the court will find that there is a great variation be- tween his testimony and that of General M' Arthur, in relation to the fortification at Sandwich. But as I would not ask another postponement of the court, for the sake of making any further observations on the testimony of Major Anderson, I must rely upon the court to examine his deposition, and to give his testimony it's due weight. There are some f the witnesses who have given a mere naked opinion, that 1 was tinder the influence of personal fear, without assigning any reasons for their opinions, whose testimony I shall not notice. It is impossible it can tiareany influence in the minds of the court. Major Jessup said, that whether the agitation which he described, proceeded from the novelty of my situation or fear he could not say, but he believed the latter, if not both. Captain Baker said he was of opinion that I was under the influence of fear, as he could not account for the surrender in any other way This explanation of Captain Baker may afford a key to much of the tes- timony on this point. He, like many other of the officers, thought the turrender unnecessary. They did not concern themselves with consi- derations of what might be the consequences of resistance they there- fore saw no other motive for the step I had taken, than my own fears ; they, therefore, when questioned on this point, said they thought 1 was under the influence of personal fear, because I surrendered. I beg the court to note, that Colonel Miller's answer to tlie interro- gatory put to him on this subject, is to the same effect, although he was stationed in the fort, and I had been in the fortress from the com- mencement of the cannonade 'till the surrender. He says, he saw no conduct of mine which might not have proceeded from fatigue and the responsibility of my situation, and that he could mention no act of mine, which he did then, or does now impute to personal fear, but the surren- der ; and yet Colonel Miller had better opportunity of observing mr, than any other witness. He was an older and a more experienced r, thau anywh have given their testimony ; many of -.Thorn heard 110 the report of au enemy's gun for the first time, at the time to which their testimony relates. If, gentlemen, your decision upon this point, could rest upon the weight of the opinions given by the witnesses tailed by the judge advo- cate, the prepouderance would be in my favour. The opinions of Colonel Miller, he having been placed in a situation which gave him such supe- rior advantages for critical, deliberate observation, must deserve more respect than the testimony of all tiie inexperienced and young men, who only saw me occasionally on the morning of the 16th, and who have attempted to support this charge by their opinions. So far as any of the witnesses have founded their opinion that I was under the influence of personal fear, upon the act of surrender, as is the case with Colonel Miller and Captain Baker and others, their testi- mony can have no weight. The court have the same opportunity of drawing a conclusion from that fact that they had. I have endeavour- ed to satisfy the court that that act was justifiable, or at least that I Lad strong reasons for thinking it so, and if this was the case, it can- not be made the ground of condemnation, because witnesses may have made it the foundation of their opinion of my want of courage. But, gentlemen, there is no example of the opinion of witnesses on this subject ever having been reeived as evidence on which to ground a conviction. Expressions of the human countenance, and the manners of men, are but fallible indications of the workings of the human mind. The differ- ence in appearances, pro.lucod by the excitements of different passions, are too subtle to admit of observations from which any conclusions may be drawn ; much depends upon constitution, and ofteji much upon tin- temporary physical condition of the body. A man worn witli fatigue of body or mind, and pressed with a thou- sand dreadful anxieties, may, though on the point of inevitable destruc- tion, forget his own fate, and br only moved by the condition of those around him ; while the superficial observer would impute his agita- tion to the dread of death. * The uneducated spectator who has not been taught, as Major Snelling lias been, the indications of human pas- sions, would most probably see ui the countenance and manner of the Laocoon, only expressions of terror and bodily pain ; and would noi understand that the artist has expressed in the countenance and con- vulsive agitation of a dying father, agony of mind, excited by the tor- ture of his expiring children. There never has been, and injustice, never can be a conviction under this charge of cowardice, but when a want of courage is indicated by the nmissiim or commission of some act in violation of the duty of thr person against \\ honi the; charge is made. I shall conclude my observations upon that part of the evidence which relates to my personal appearance, with some extracts from an Ku^LMi Historian, who gives an account of the trial of I.onl Grorgr Ill ISackville, who was tried for misconduct at the battle ot Miuden. Doctor Smollett having stated that some testimony was given to prove that when certain orders were delivered to Lord George, he was alarm- ed in a very great degree, and seemed in the ntmost contusion ; subjoins remarks, from which the following are extracts. " The candid reader will of himself determine whether a man's heart is to be judged by any change, of his complexion, granting such a change to have happened." "Whether it was likely, that an officer who had been more than once in actual service, and behaved without reproach, so as to attain an eminent rank in the a^my, should exhibit symptoms of fear or confusion, when in reality there was no appearance of danger." "With respect to the imputation of cowardice levelled at Lord George by the unthinking multitude, and circulated with such industry and clamour ; we ought to consider it as a mob-accusation, which the bravest of men, even the great Duke of Marlborough, could not escape. We ought to view it as a dangerous suspicion, which strikes .at the root of character, and may blast that honour in a moment, which the soldier has acquired in a long course of painful services, and at the continual hazard of his life. We ought to distrust it as a malignant charge, altogether inconsistent with the former conduct of the person accused." The testimony of some of the witnesses, appears to have been intend- ed to prove, that I manifested a want of courage, by certain acts, du- ring the cannonade, as well on the 15th as ou the 16th; these arc, that on the l.'ith I dismounted ajid walked towards the fort, when a shot struck a house near me that I avoided a shell, which appeared to be coming into the fort ; and that 1 remained in the fort in a place of se- curity during the cannonade. It docs appear to me, gentlemen, that if all these facts were exact- ly as the witnesses could wish them to appear, they would not support any charge. If I found myself unnecessarily exposed to the shot of the enemy, by being on horseback, was it not my duty to dismount ? Is it to be considered a dereliction of duty in an officer, to avoid the explo- sion of a shell ? or is it unjustifiable in a commander, when in a fortress t hat is bombarded, to put himself in a place of security, provided he be in such a situation as that he may give his orders and perform the ne- cessary duty of his station? Judging from what I have seen of service, with the bravest men our country ever produced, I may venture to say that the court would answer these questions in the negative. But yet 1 must ask the patience of the court, while I give the testimony which has been offered on one of these points ; that is to say, my remaining in the fort, and my situation there, a slight examination. The others I do not think worthy my attention. Major Snelling went into |he fort, when he returned on the morning of the 16th from Spring-wells. He was roused from a repose, after having been at a post all night, by the coinmenceraedt of the cannoii- 112 adc. He remained there till after the flag went out, when he was sent with orders to Colonel Findley's regiment. He appears to have re- turned to the fort again, about the time that the British officers went into Dyson's quarters. In short Major Snelling was in the fort, accord- ing to his account, during the whole time of the cannonade on the IGlh, and until the British troops inarched in, with the exception of & very Rliort interval, between the sending of the flag and the final sur- render. Now during the time of the cannonade, Major Snelling saw ine stnnding but once. His memory is so extremely tenacious of the minutest circumstances, even of a frivolous nature, that he will only admit, as a possibility, that I might have risen twice. The words of Major Snelling are " During the cannonade, I frequently saw the gen- eral I once saw him standing he inight have risen twice. Most of the time he was sitting on an old tent, under the curtain of the fort, op- posite the enemy's batteries." Whether I was sitting or standing in the situation which Major Snel- ling describes, is immaterial I should have been equally safe in either position. It is therefore extraordinary that so unimportant a circum- stance should have made such a lasting impression on his mind. The testimony, however, of the other witnesses called by the judge advocate, does not appear to correspond with the recollection of Major Snelling. General Taylor's testimony is certainly worthy of remark- It appears that, though Major Snelling thought that my taking a posi- tion under cover of the parapet of the fort, during the cannonade, was evidence of cowardice, yetlMajor Snelling himself, it seems, thought he was at liberty to avail himself of the very same protection. General Taylor says he saw Major Snelling, as well as many other of the offi- cers, in the *ame situation that I generally occupied during the firing, when 1 was in the fort. Captain Baker says " On the morning of the 16th, during the can- nonade, I saw the general in the fort, sometimes sitting, sometimes walking, and sometimes standing." Colonel Miller also states that 1 was sometimes sitting, sometimes standing, and sometimes walking. Indeed there could have been no reason for my remaining precisely in one situation during the cannonade, if I had been actuated by an un- due regard to personal safety ; for it appears that the whole eastern side of the fort was as secure in one part as another. If there were any reasons for giving preference to the spot where the witnesses say J was sitting, it is that it was near the gate a situation where I could easily be found, and where it was most convenient, as Colonel Miller fias tcstiSed, to receive reports and to give my orders. From this post I had the whole interior of the fort under my view, and could communicate ray orders to any part. Was I not then in a situation for a commander ? The court will recollect that Colonel Mil- ler states, that lie himself was sometimes with me, while I was in thr 113 place the witnesses have described and the fact is, that every officer in the fort placed himself under the protection of the eastern yarapet, when his duty did not require that he should be in a more exposed situ- ation. But it has been attempted to prove that I remained in the fort and toek no measures, and issued no orders for a disposition of the troops, after the cannonade commenced. Major Jessnp states, Unit shortly after the answer had been returned to the I'rilish summons on the 15th, he met me on horseback, and that I then gave him directions for the disposition which was to be made of the troops tor the defence of the town. It is also proved by the testimony of Major .lessup, that in the evening of the 15th I was on horseback, visiting the butteries, while the cannonade continued. Major Munson met me on the same evening on horseback, when I was visiting the posts. Major .It-ssup snid he met me on the night of the 15th at about midnight at the position which Colonel Findley'* corps had taken up for the night I was also, as he testifies, at his quar- ters, about day-break on the morning of the KJtli, while he was writing by candle-light, and gave him directions to despatch an order for Colo- nels M' Arthur and Cass. And Captain M 'Connie!: testifies that he saw me OH horseback at the tune on which the troops were formed, a short time before the firing ceased. Several other witnesses prove, that they saw me out of the fort at several times, as w:-ll OH the 15th as the l(5th. What foundation is there therefore for the charge, that during the whole time of the cannonade, I took shelter in the fort '.' Major Spelling's testimony is so important as to my personal a;>pear- ance, that I cannot but direct the attention of the court to any circum- stances in his testimony on any other point, which I think may deve- lope the spirit or disposition with which lie has testified. With this view I beg the court to notice that Major Snelling has testified that when he returned from the Spring-wells, on the morning of the lf>th at dawn of day, he went into the fort to make his report to me. " But," says the major, "I could not find the general, nor find any one who knew where he was." It has been proved by other witnesses, that 1 was out of the fort at that time now, when Major Snelling; con!d nor find me in the fort, nor find any body that knew I wa there, it serins to me, he might have ventured to say. I wa< not in the fort at that tinic. 1 do think he had at least as good grounds to draw that conclusion, as he had to infer that I was under personal fear, from ihe appearance he observed. Major Snelling does in a subsequent part of his examination, say that I was out of the fort early that morning ; But whether this re fen. to the time when he made his report or not I do not know 1 have uow gentlemen done with this charge, so far as it re?poc!.s my personal appearance and deportment. Yoi>, who I am to persume, and do believe, are brave and honourable men, will judge of what I must have suffered, to have sat, day after day, listening to imputations of all others the nns) wounding; (,o the feelings of a soldisr To have IS 114 these imputations cast upon me by representation, intended to make me appvar abjectly and disgustingly base To be obliged to iiear my name and fame polluted by the testimony which has been given To be obliged to repeat the language of the witnesses in my defence, are in themselves punishment hardly inferior to that which would be the consequence of your pronouncing me guilty But, gentlemen, of that, upon this charge uf cowardice, I am bold to say I have no dread. I have fought more battles than many of the young men who have Impeached me of this crime, have numbered years. I appeal to the history that boars record of those who were engaged hi the bloody contest for our liberties there you shall often find my name, but not as coward ! I have brought before you the testimony of the few who remain of those who were my companions in arms, in times that tried men's souls Do they say I am a coward? I invoke the spirits of the departed heroes who have died at my side, by the sword of the enemy, to say it I am a coward. I would call the shades of Gates, Wayne, Schuyler, and of Washington to tell yon, how often they have led me to battle> and to say if they found mt a coward. Will you believe that the spirit which has so often prompted me to risk my life for my country, should now so far have forsaken me as that I should have become a traitor and a coward ? Will you believe that the years in which I have grown grey in my country's service, should so far have changed my nature, as that I could have been the base and abject thing my enemies have represented ? No, gentlemen, that blood which animated ray youth, age has not chilled. I at this moment feel its influence, and it makes me dare tfc say. that no man ever did, or can think me a coward. Before I conclude, permit me to say a few words. It may be thought that I have spoken of the officers, who have been witnesses against me, with too much asperity. They have, in my opinion, forfeited all claim- to my respect but I do not mean to charge any of them with wilfuJ perjury. I believe they have imbibed a prejudice and bias against nit which has influenced the perceptions of their own minds. My object, by the examination I have given their testimony, has been, to make that bias and prejudice appear to you. Many of them are young men, who give their country great promise. Many of them, I believe, have good hearts and such, I know, will one day regret, that they should have yielded to an influence, which has induced them to represent me in colors, that they will be conscious I have not deserved. 1 know the time will come, when they will consider how they courted my favor, when I was in power, and how they treated me, when they thought I was in disgrace, and saw me in .adversity. When that time comes, and COUK- I am sure it will, let it be a con- solation to them to know, that whatever may be my fate, I pity, and from my heart, forgive them. 1 have now, gentlemen, concluded my 115 defence ; I have noticed every accusation which the judge advocate, in the opening of the cause, mentioned as those which lie should rely upon, and which he expected to maintain. I have not left, as I be- lieve, any part of the specifications, to which any testimony whatever was offered, unanswered. Allow, me, Mr. president, and gentlemen of thelcourt, with the most heartfelt sensibility, to return you my sincere thanks for the manner in which this trial has been conducted. For though, as I humbly con- ceive, there has been some departure from accustomed forms, in re- spect to the examination of witnesses. I know that the court has been governed by nothing but its own sense of propriety. The conduct of the members of this court, and of the judge advo- cates, has been such as I had anticipated, and every thing that I could expect from honorable, impartial, and humane m^n. Whatever may be your sentence, 1 shall always, with gratitude, ac- knowledge that I have had a fair, candid and patient hearing. I do feel myself bound to make particular acknowledgements to the special judge advocate, for the delicacy and propriety of his deportment towards me and though I may feel the force of the talents, with which he has conducted this prosecution, it shall not make me forget what I owe to his humanity and liberality. Gentlemen, my life is in your hands but you are guardians of what is more dear to me, you are the guardians of my honor. With you, in sacred deposit, is that sword, which has been my companion in times that might have appalled the weak-hearted. It has been taken from me, 'till you shall pronounce that 1 am not unworthy to wear it. I feel that in justice I may demand it of you and when I shall receive it at your hands, believe, that here is yet enough of heart and life, and in this arm is yet nerve enough to draw it in vindication of my country's rights. If I should receive it, imlurnished by your judgment, I may yet live to prove, by my future, as well as by my past conduct, how I have bcea ralmnniated and the justice of your sentence. General Hull here closed his defence. He then offered to the court the following written observations. Having now closed my final defence, I have only to add an objection, which I am compelled at this time to make, in anticipation of a privi- lege, which r I understand the judge advocate requested, viz. that oi summing up the evidence. As far as my research has extended, it is a privilege sometimes admitted by writers on martial law, but never ex- ercised one which has grown out of the reasoning of authors, rather than the admission of courts, and in tho compilation of military trials in England, a solitary instance is scarcely to be found of its being either claimed or exercised. The reason is evident the judge advocate is a component part of the court he officiates in the arrangement of the testimony, and as the law member of the court, acts equally when re- juired in that capacity for the accused and the government. He opens 116 the c ii.n ing pi tn iously arranged and marshalled th< i timonj' tor trial, some dereiopement of the charges aud evidence is ne- cessary. He is consulted iiiall periods of the trial, ajid when their sev- eral duties are concluded, his functions are at an end. The characters of this court, preclii'les the necessity of comment, and it is to be presum- ed that this court, noting and examining the testimony of a cause and deciding on legal questions as they arise on the trial, can require the aid Oi' professional ingenuity. Tuat the daily investigation of these char- liould be still incomplete without the comments ot counsel on facts This court differs very materially from other courts. It is selected f Vijui professional mtu, competent to decide on questions of science aud the facts, when submitted, give to the court alone the province of judging of their application and the cases so often introduced, of tht proceedings in tha co. union Jaw courts, are by no means parallel. There juries decide on the law and the fact. Blended as they are, they require some exposition from the public, prosecutor to men wanting his professional science, at::! of c<ur- his intelligence. The necessity of rule sanctions its a ; but where that necessity does not ex- ist, no principle that I yet ktx/.v, can authorise its indulgence. In the present trial, ( n admitted of un-ofh'cer-like conduct, iu matters of military skill ivlieliK-r f as an :uT,c. T was authorised in not attacking 3!alden ? in t.Y .; posed that the law mem- ber of the court would be consulted ? Is a charge, exclusively govern- ed by military rules, to require a comment from that part of the court placed here alone to facilitate the trial ? The judgment of the court is formed on professional distinctions, which they, as military men, can alone know and therefore neither require, nor ask the aid of profes- sional taL-ut and industry. The usage of our country, as far aj this court would i'eel themselves authorized to admit, has discountenanced it. On the trial of General St. ( 'lair, it was not permitted. On the trial of General Wilkinson, though expressly urged by the judge advocate Mr. Jones, it was denied. In both cases the judge advocate was permitted to open the charges because it was necessary to give to the court pos- session of the facts but there his duties end, and the functions of thr court commence. This permission may be claimed as matter for indul- guei; . ! i 1 certainly not of right rind hero Jt-t me add, that however gratified I should be in giving to the judge advocate tlir opportunity his talents and industry so justly fiitUJe liirn t>>. I cannot, consistent with military propriety, refrain (Vum objecting to a mode of procedure nornl i unauthorized. The court bav : ..5 i(Ho roii^i;', nation, <:-'Tiderl that th .o advocate should bn pcrmitfrd to : '-nd np the u itirnonv to th'- t ourt. ^.Injor John Anderson's (!; fh<: c>::irl then adjournud to mc'.ton Wc^L-c^ny next ;<l trn o'clock. Wedncsdny morning March 23d, 1814.. 117 The court met pursuant to adjournment Present. Major General Dearborn. Brigadier General Bloomfield. Colonel Fenwick. Little. Bogardus. liuin. Lieutenant Colonel Dennis. House. Conner. Scott. Davis. Stewart. Livingston. Forbes, supernumerary. The judge advocate replied to General Hull's defence. The court then adjourned to meet to-morrow morning at 10 o'clock. Thursday morning, March 21, 1811. Court met pursuant to adjournment. I'ir-riit ;ill the members. The judge advocate read the proceedings until 3 o'clock. The court then adjourned to meet to-morrow morning at 10 o'clock. Friday morning, March 25, 131 1. The court met pursuant to adjournment. Present all the members. Ordered that Lieut. Colonel Forbes, a supernumerary member, have leave to retire. (icncral Hull in his defence having made complaint on two subjects 1 st. That the witnesses were examined in the presence of each other 2d. That evidence was heard in support of charges not embraced in any specification. The court deem it proper tlwt the following entry be made on the mini'' When the trial commenced it was suggested by a member of the ttourt, that the witnesses ought not to be examined in the presence oi each other ; to which the president replied, that it was not necessary in his judgment to examine them apart from each other. The accused did not, either directly or indirectly, object to the witnesses remaining in court, or at any time request that the witnesses should be separately examined nor was the opinion of the court in any way taken or re- quired upon that subject. The court have not given any weight to testimony objected to by the prisoner, as not applicable to any charges embraced in the specific;*- The decision of the court was then pronounced as follows all the evidence being read (whether on the part of the prosecution or the de- fence) applicable to the first charge, ami the specifications attached to that charge, and after due deliberation had thereon, the court express the following opinion. The accused having in his final defence protested against the jurisdic- tion of the court to try the charge of treason, and the opinion of the court being that the objection would have been tenable if the same had been pleaded by the accused on his arraignment and believing also that the court cannot acquire jurisdiction of the offence by the waiver or consent of the accused, they decline making any formal decision on that charge. The evidence on the subject having however been publickly given the court deem it proper, injustice to the accused to say. that they do not believe from any thing that has appeared before them, that Brig- adier General William Hull has committed treason against the United States. On the second charge, and the specification* attached to that charge, (after lu:aring all the evidence, and defence, and after due deliberation thereon) the court find Brigadier General William Hull guilty of the Jirst, xecond and fourth specifications under that charge and also guil- ty of the third specification under that charge, except that part which charges the said Brigadier General William Hull with "forbidding the " American artillery to fire on the enemy on their march towards said "fort Detroit." The court find the said Brigadier General William Hull guilty of the second charge. On the third charge the court after having heard the evidene (a, well as the defence) and after due deli boratinn, find the said Brigadier general William Hull guilty of neglect of duty and nn-officer-Iike con- duct, as charged in the first specification under this charge, in omitting ivith ?uflicicnt care and frequency to inspect, train, exercise, and order, and to cause to be trained, inspected, exercised and ordered thje troops under his command, from the 6th day of July until the 17th day of Au- gust, 1812 ; and acquit him of the residue of the charge contained in that specification. The court acquit the said Brigadier General William Hull of the se- cond and third specifications of the same charge. The court find the said Brigadier General William Hull guilty of the Vhole of the fourth specification of that charge, ex-copt that part which charges him with not seasonably repairing, fitting and transporting or causing to be fitted, repaired and transported, the guns, and gun car- riages which were necessary to the operations of the war in the said British province of Upper Canada. The court find the said Brigadier General William Hull guilty of so inuch of the fifth <pcciftcatk>n to that charge as relates to neglect of 119 duty and un-offlcer-Jike conduct, in suffering his communication with the River Raisin and the state of Ohio to be cut oil and sending Ma- jor Van Home to attempt to open the same with an inadequate Ibrce ; fee, the said Brigadier General William Hull having reason to know or believe the same was insufficient and the court acquit him of the resi- due of that specification. The court find the said Brigadier General William Hull guilty of the 7.i .'/t and seve7itfi specifications of that charge. The court find the same Brigadier General William Hull guilty of the (hird charge. The court then adjourned to meet to-morrow morning at TO o'clock. Saturday morning, March 26, 1814 the court met pursuant to ad- fourmneut. Present all the members. The court in consequence of their determination respecting the se- cond and third charges, and the specifications under those charges, ex- hibited against the said Brigadier General William Hull and after due consideration, do sentence him to be shot to death, two thirds of tin; court concurring in the sentence. The court in consideration of Brigadier General Hull's revolutionary services, and his advanced age, earnestly recommend him to th mercy of the President of tke United States. The court then adjourned to meet on Monday morning next at 10 o'clock. Monday morning, March 28, 1814 the court met pursuant to ad- journment. Present all the members. The proceeding having been read once, approved and signed by thf. president the court then adjourned sine die. II. Dearborn, major general, president of the court. M. Van Beuren, special judge advocate. Philip S. Parker, army judge advocate. April 25, 1814 The sentence of the court is approved, and the exc cution of it remitted. (Signed.) JAMES MADISON. By directions of the court martial the president gave the following directions to General Hull. Albany, March 28, 1814. Sir You will please to return to your usual place of residence in Massachusetts and there continue until you shall receive orders from the president of the United States. Your humble servant. (Signed.) H. DEARBORN, major genera!, president of the court. Brig. Gen. William HuH f NO. II. MAJOR BANNISTER'S LETTER READ BROOKFIELO, FEB. 17th, 181S. General Wade Hampton. Mr. President. Having learned that my war worn companion in arms. Gen. Wm. Hull, is called upon to answer to some of the highest charges which can be preferred against a military character, and that you, sir, are the president of the court before whom he is to be tried, I take the liberty of addressing to you a few observations on the subject, which are dictated by the interest I feel for ray country, as also the repu- tation and character of my friend, who stands highly criminated before you. My Gr-t acquaintance with Gen. Hull, was in times the most unfortunate, " the times that tried men's souls ;" the services which he rendered to his country, during the revolutionary war, ought not to be forgotten. He was then young, active, brave and faithful; high in the estimation of his superior officers, and respected, even by his ene- mies, for his fidelity to his country. I will not unnecessarily take up your time in detailing the innumerable hardships, fatigues, privations and sufferings to which we were subjected during the worst of times. It is sufficient lor my purpose, on this occasion, to notice particularly the capture of Burgoyne and the well known battle of Monmouth. In these two memorable <;vriits, where the ground was covered with the dead bodies of the slain, and the air resounded with the. groans of the dying, Hull was unshaken. He bravely fought, and a grateful country acknowledged his bravery. I was then Brigade Major to Gep. Learn- ed in whose brigade Gen. Hull was a major in Col. Brooks' regt. The welfare of his country was apparently as dear to him as his life ; but if he has now fallen, he has fallen indeed. Having associated with him in times so interesting, and in no other character than that of a brave man, I shall be unhappy to learn that be has terminated his patriotic career by meanly acting the coward. (Signed.) SETH BANNISTER DEPOSITION OF ADJUTANT TUFTS, READ- BOSTON, FEB. 3d, 1814. To the President and members nf the general Court-Martial sitting in Albany for tae trial of General Hull. Gentlemen. Having been solicited by the friends ef General Hull to 'j'ate my knowledge of his character and conduct during the revolution- A* ( 2 ) ary war, I have the honour of submitting tiic following par ticular,*. I was with him as Sergeant Major of the 8th Ityass. regt. at Ticonderoga, and in the same regt. at taking Burgoyne's army, and was with the regt. he commanded in taking Stoney Point, and his adjutant. His character tor courage and firmness o all these occasions was un- exceptionable ; and he was a good military man and was universally esteemed bv his brother officers, and beloved by his soldiers. (Signed) FRANCIS TUFTS. GENERAL HEATH'S CERTIFICATE READ. I William Heath ofHoxbury in the county of Norfolk and common- wealth of Massachusetts, having served as a general officer in the A- inerican Revolutionary war from the commencement of hostilities, on the 19th of April 177. 1 ), until peace took place in 1783, hereby certify, and on my sacreil honor declare (and to which lam ready to make so- lemn oath,) that in the said war William Hull, now a. Brigadier Gene- ral in the army of the United States, served as an oflicer in various places, in all of which he sustained the character of & brave and good officer possessed the particular esteem ami confidence of General Washington, who was anxious for his promotion as will appear from extracts ofhis letter to this deponent, on that subject, which are ex- hibited herewith. That this deponent being in the immeduitc command of the American troops in the highlands of New-York on Hudson Uiver in the month of January 1781, an enterprise was contemplated against the enemy at Morrisanca, the then advanced .post of the British army, whieli cnterprize was to be entrusted to the then Lieutenant Colonel Hull, now Brigadier General Hull. The success of this enterprize was doubtful in the opinion of Genera! Washington, when it was communi- cated to him as will appear by an extract of a letter from him herewith exhibited. But Lieutenant Colonel Hull, with the troops under his com- mand, were successful : with great address and gallantry, they forced a narrow passage to the enemy, and, with the loss of one subaltern, on-: drummer, and ten privates killed, one captain, one sergeant, and eleven rank and file wounded completely defeated the enemy, and, besides the killed, took upwards of 50 prisoners, cut away the pontoon bridge, took a considerable quantity of forage, a number of cattle, &c. for which they .were thanked in the public orders. This deponent during the revolu- tionary war having at different times had the honor to command the state Unr.soC the array from N. Hampshire to New-Jersey inclusive, and two brigades of more Southern Lines, Lieutenant Colonel Hull sus- tained a conspicuous character of a hravc,J'ailhfvl and good officer, and. further saith not. (Signed) WM. HEATH. Roxburg, 20th Dec. 1813. EXTRACTS OF LETTERS FROM GENERAL WASHINGTON TO MAJOR Gl<N. HEATH MENTIONED IN THE DEPOSITION. Head-Quarters, Morrislonn, Dec. 13, 1779. " The case between Major Hull and Major Cogswell is of more deli- " cacy and very important. Major Hull was not appointed by the " state to the majority in Colonel Jackson's regiment, he was ap- :' pointed by me at the intercession of several officers of the state line ( 3 } and not without authority. He is an ofiicei " services have been honorable to himself and Iionoi ab'<? to his ro;i:r I was then persuaded as I still am that a good ofi'urr wouht and v\r\- will bean object of the state's regard; and there has been no i: tice done to .Major Cogswell. Perhaps by your representation. maybe able to get matters putrigjht, and I am sure you can srnr<f;Iy " render any more essential service than prevailing en the honorank ' assembly to preserve the arrangement inviolate, and to pursue tu rules of promotion which have been established. In the case of *' Major Hull, he might as 1 have been long since told, been arra-i ' as Lieutenant Colonel, ou the Connecticut line by the committt- 1 Congress at White Plains in 1778." ON THE ENTERPRIZE AGAINST THE ENEMY. Head-Quarters, Nerv-Windsor, Jan. 1th, 1781 ' You will be pleased to observe on the subject of your letter of last " evening that although I am not very sanguine in my expectation of " the success of the enterprize proposed, yet I think, in our prest nt " circumstances, it will be adviseable to encourage it. Colonel Hull " may therefore have permission to make the attempt." The foregoing are true extracts from the originals. "(Stated) WM. HEATH. Roxburg, Dec. '2Qlh, 1 813. INTERROGATORIES PUT BY GENERAL IITLL TO W. EIJS- TJS, ESQUIRE, LATE SECRETARY OF WAR, WITH HIS ANSWERS UNDER OATH. Taken by consent. Q. 1 . Had not information been received at Washington about the time I arrived therein the latter part of February, 1812, from Mr. At- water, the then secretary of the territory of Michigan, who then dis- charged the duty of governor, that there were strong appearances of hostility among the Indians, and that the territory was in danger ? A. According to my recollection letters to that effect were received from Mr. Atwater. Q. 2. Did 1 not urge on you, as secretary of the department of war, the expediency and necessity of ordering a force there for the protec- tion of Detroit, the territory and the northern frontier ? A' I believe you did. Q. 3. Was it not then proposed to me to accept the office of a gene- ral officer in the army, and take command of the force ordered for De- troit : and did I not decline, for this reason, that I was not willing to re- sign my office as governor of the territory, and that I did not consider myself as having a legitimate right to command in the army under my Commission as governor of Uie territory ? A. You aid, in the first instance, decline accepting the office of briga- dier general, for the reason assigned in the interrogatory. Q. 4. Was not Colonel Kingsbury, of the 1st U. S. Infantry, then or- dered to Washington for the purpose of proceeding to the state of Ohio to take the command of this force, and, on his arrival at Washington, was he not prevented by sickness. A, Colonel Kingsbury was ordered lo Washington for the purpose.-; ( 4 ) stated, and, on account of bodily indisposition, was not ordered on com- mand. Q. 6. Was I not ordered, after I accepted the appointment of A brigadier general in the U. S. army, to proceed to the state of Ohio, to take the command of the troops which had been ordered to assemble at Dayton, and march them to Detroit ? and was not that nomination made without my desire, or even knowledge on my part ? A. You was, after having been appointed a brigadier general, order- ed to take command of the forces destined to Detroit you did not, tc my knowledge, selicit that appointment the nomination was made as soon as you had communicated to me your final determination to accept it. Q. 6. Do you or do you not recollect after I was appointed a briga- dier general I addressed a memorial to y< u as secretary of war ? that that memorial was in relation to the command I was destined to take, and the country which was expected to be the scene of my operations that it contained considerations relative to a war between Great Britain and the United States ? A. I have a perfect recollection of your having presented the memo- rial referred to in the interrogatory. Q. 7. After you received that memoir did not you send a request to me to call at the war-office, and while I was there did you not invite the secretary of the navy to attend us ? and was not a part of the memoir referred to him at your request ; and did you not at that time assign ovei the brig Adams ? A. I recollect your attendance by appointment at the war-office the memorial, or that part of it which related to the naval defence of Lake Eric, was referred or communicated to the secretary of the navy, who was present. The brig Adams, which had been employed as a transport under the direction of the war department, became the subject of conversation ; whether she was (being on the stocks then repairing) actually transferred to the navy department, I do not distinctly recol- lect if that was the case : the evidence is on record. Q. 8. Did I not, in frequent conversation with you, during the time 1 was at Washington in the winter and spring of 1812, manifest a great anxiety for the safety of the northern frontier and the territory oi'Michi gan? A. You did. Q. 9. Did you or did you not intimate to me at Washington that pro- bably war would not be declared before the 4th July ; or had I any reason to suppose it would, from your first letter of the 18th June ; and was not that letter written before t lie act declaring war was actually passed ? A. I have not such a recollection of the conversation respecting the probable time of the declaration of war, as to enable me to answer satis* factorily that part of the interrogatory. One of my letters of the 18th ol June, the one presumed to be referred to, was written on the day of the declaration, but before tke declaration was made, on a presumption that it would be made on that day ; and it was intended that you should infer that such an event would take place in a short time. Q. 10. Were there any appropriations made for me, either to make presents to the Indians or for other purposes ? A. There were appropriations for Indian presents and for other pur- poses. Q. 11. What was my reputation in the several situations you have known me, in the revolutionary war, as major general in the militia ot Massachusetts, as senator of that state, and as ^uvmior ol the territory : >f Michigan? A. Your character as an officer in the revolutionary army, and as major general in the militia of Massachusetts, was that oi'a bravo, active and useful officer. Q. 12. Did you notTCceive information, in the spring of 1812, that troops had arrived at Quebec to relieve those Rationed there ? ./. I have no recollection of such information. Q. 13. Did you not receive information that Sir (iconic Prcvost had taken upon himself the responsibility o!' retaining those intended to be relieved, inconsequence of the prospect or- actual declaration of war; and at what time did you receive this intellig; nee ? A. I do not recollect such information. Q. II. Was this information ever communicated to me by you or uiy member of the government to your knowledge ? A. Answered by the preceding an.s\\" r . Q. 15. Look upon the papers now sin >, : von marked respectively A. B. C. D. E. F. with your initials purporting to be tetters from you to me, are the signatures thereto your signatures ? A. By my signature endorsed on letters A. B. C. D. E. F. Q. 16. Look upon the papers now shewn to you and marked G. H. I. K.L. M. N. O. P. U. H. purporting to be the copies or drafts of letter* written by me to you as secretary of war, do you know or believe that such letters as these documents purport to be copies of, were received by you from me ? please to'answer this question as fully as your memory will permit with respect to the said letters or any or either of them. A. Of the papers marked G. H. I. K. L. M. N. O. P. . K. I con on- ly say that so far as I have examined them I think it probable they are copies of letters addressee! to the war department ; of their number or contents I cannot speak with certainty or confidence the originals of all letters addressed to the war department must be on file in the war of- fice ; and it is presumed will be furnished (or copies of them) on appli- cation. (Signed) W.EFSTIS . 4lbany, January 23d, 1814. Boston, February \ih 181-1 llaving been requested by Brig. Gen. Hull, to state to you any irifor mation in my power to you respecting hts character as an officer during the late revolutionary war, I would observe that I became acquaiutexi with this gentleman in the month of February 1776, and that from that time I was well acquainted with his character and conduct to the close of the war in 1783. During that period it fell to the general's lot fro quently to meet the enemy in combat ; aud, ia every instance, he acquit- ted himseULmnch to bis own honor and to the satisfaction of his superior officers. No officer of his rank, (as far as my knowledge of that subject will enable me to speak) stood higher in the estimation of the army gen- erally than General Hull, not only as a disciplinarian and an officer of iu telligence, but as a man of great enterprise and gallantry I can add that he possessed in a high degree the confidence of General Washington Notwithstanding my long acquaintance with General Hull as an offl- eter had an opportunity to witno'Ti hh comirj^t ia icti^r ni ; than once although I have often seen him under circumstances of greai danger from the fire of the enemy. In the month of September, 1776, at White Plains, he acted under my immediate orders, and was detached from the line, with a company lie then commanded , to oppose a body of light infantry and Yagers advancing upon thejtft Hank of the American array His orders were executed with great fPmptitude, gallantry and effect Tho' more than double his number, the enemy was compelled to retreat, and the left of the American line thus enabled, by a flank move- ment, in safety to pass the Bronx. With great respect I am sir, your servani. (Signed) I. BROOKS To the President of the court martial. Albanv .4foany, \1th February, 181 1. To the court martial appointed for the trial of General Hull. I say, on my sacred honor, that I was a captain in the year 1777, in Colonel Vanscock's regiment of the state of New-York, that I served with General Hull in the year 1777, in the expedition under General Arnold, which relieved Fort Stanwix. That I likewise M-m-d with General Hull in the campaign of 1778, and was with him in the battle of Monmouth, when I was wounded and lost my arm ; that there was no officer of General Hull's rank that stood higher in my estimation, and as iar as I knew, in the estimation of the army ; that he was considered as i brave and excellent officer. (Signed ) JOSEPH MtCAKEN. A major in the IVcK-Yark line in the i/car 1778 I, Salmon Hubbell, of Bridgeport in the state of Connecticut, being July sworn, do depose and say, that I was a lieutenant in the 5th Con- necticut regiment of continental troops, and was acquainted with Gene- ral William Hull in the revolutionary army, and always considered him a gentleman in every respect as well as a brave and a good officer. He was in the attack on Stoney-point, which took place iu the morning oi July 16th, 1779, under the immediate command of General Wayne ; (the mode of attack now before me) wherein is ordered that Col. Mcgi^ will form next in Febige's rear, and Major Hull in the rear of Col. Meggs, which will be the right column. The result speaks in the highest lan- guage of the good conduct of each officer and soldier. This deponem further saith. that he did aid and assist in said attack on Stoney-poini and was therefore knowing to the conduct of General Hull therein. (Signed.) SALMON HUKBELL. Bridgeport, January 20/A, 1814. Sworn before me. Joseph Backus, Justice of the PeaceB^ COL. JACOB KINGSBURY'S DEPOSITION. Question. Was you not ordered by the secretary of war to repair t> Washington in March. 1812 { 7 ) A. I \\:\*. Q. On your arrival at Washington was you not ordered to the state of Ohio, to take the command of the troops destined for Detroit? A. 1 was. Q. Did you know wli^fcumbcr and what description of troops that command was to consis^^lF ,-/. I was to have 300 regular troops and 1500 militia, according to my lit <t recollection. Q. What were your instructions ? ./. .My orders were to cut a road to the Rapids of the Miami, build a stockade fort at that place, garrison it with one company, then cut a road to Detroit and put that fort in the best possible state of defence, and wait for further orders. Q. Did you not expect that the object of that force was to protect the northern frontier against the Indians in ease of war ? A. I did. Q. Did you estimate that force sufficient for offensive operations against Upper Canada, in case of a war with Great Britain ? A. I did not. Q. How long did you command at Detroit, and when did you leave it? A. I commanded at Detroit about two years, and left it in July, 1811. Q. During the time you commanded at Detroit >u re there not large droves of hogs and fat beef cattle driven from Ohio to that market ? A. There was. Q. Was you an officer in the revolutionary army .' /. 1 was. Q. Had you any knowledge of my character and military conduct du- riug that period ? A. I had General Hull was considered by all ranks in that army as gallant and brave. I was in an expedition when he commanded against the enemy at Morrisanea, near New- York, which was arduous and dan gerous ; all his arrangements were judicious, and his conduct in the exe- cution of them was that of a brave and intrepid officer. In 1783, I was in the light-infantry under General Hull's command, then stationed near Kingsbridge, and remained with him until the British evacuated New- York, when he marched in his troops and took possession of the city. (Signed.) JACOB KINGSBURY. Col. 1st Regt. Infantry and Insp. General Sworn this 3d day of March, 1814, before me, (Signed.) Absalom T(nrnsend,jun. mast, in chan. COMMONWEALTH OF MASSACHUSETTS. } SUFFOLK, \ \ Personally appeared before me, the subscriber, a justice of the peace In and for the said county, Charles Stewart, csq. a post captain in the navy of the U. S. who being sworn on tiie holy evangelists of Almighty God, deposeth and saith : That he received an order from the secretary of the navy, dated the 18th of March, 1812, to repair to Washington, as it was contemplated by the government to trust him with an important command ; that in com- pliance with the said order he arrived at Washington in the beginning of (" 8 ) Aj>nf, and at his first interview with the secretary, he was informed. " that it was contemplated to give him the command on the lakes, that the secretary stated that a naval force, superior to the British on the 'rfkos had bcrn strongly urged by General Hull as essential, and as a certain means of ensuring to the army succesofehat the question oi'en- rrtasin;: our naval force there was then under wosidcrat ion of tlie presi- dent, which he had not yet decided on ; that there was no law of congress which would authorize an increase of our naval force there, but that in all probability the president would recommend to congress the passing of snch law, when the more important business of the session was gone through ; at any rate the secretary would give him an order to build a brig of war on Lake Ontario, to carry eighteen guns ;" that after re- mainiug a few days at Washington, and maturely considering the import tance of the service (in case of war) the limited means he weuld have, together with his ignorance of that country and the lakes he declined the honor intended him by the government. (Signed.) CHARLES STEWART. Sworn and subscribed before ui<\ at Boston, 18th December, 1813. (Signed.) Jmiiam Tudor, justk-e of the peace and quorum through the commonwealth aforesaid. Washington, April, 9, 1812. Sir I have received your letter of yesterday informing me of my ap- pointment as a brigadier general in the army of the United States. You will please to communicate to the President ray acceptance of the appointment, and my readiness to repair to my duty in conformity to hi? instructions with great respect, I have the honor to b\ sir, Your most obedient servant, (Signed) WM. HULL. Honorable Win. Eustis, Secretary of the dent, of Wai. On the Ohio, opposite Marietta, 3d May, 1812 } 6 o'clock in the morning. $ SIR, I am proceeding with all possible expedition to Cincinnati seven days ago, 210 volunteers descended the river from this place I under- stand Gov. Meigs has inarched the volunteers raised at and in the neigh- borhood of Chilicothe to Dayton, the place of rendezvous I have heard nothing as yet of the 4th regiment, I hope to meet them at Dayton. I met with Robert A. McCabc, an ensign in the 1st regiment, at Pitts- burg He is cow with me aad commands the 40 recruits on board my boats from the best information I have obtained, the whole number of 1200 will be in readiness and principally volunteers. The state of Ohio has exhibited a noble example Respectfully, (Signed) WM. HULL. P. S. I do not stop here even to visrt my old revolutionary friends, Honorable Wm. Eustis, H ^i. rotary, department of War. ( 9 ) Head-Quarters, Detroit, July 7, 1312. I have the honor to inform you that the army under my command arrived at this place on the 5th instant at the fork of the Kapidsot the .Miami some part of the public stores and the officers' private baggage were put on board a small vessel to he transported to Detroit at that time I had not received your letter informing me of the declaration of war the vessel was taken on flic passage and carried into Amherst- nurg Inclosed are copies of two letters, one which I addressed to Col- <ieorgo Coruds at Amherstbiirg, the other his answer. The greatest. possible exertions have been made to induce tbo Indians to join the British standard The Tomahawk stained with blood has heen presented to the natives in due form The approach of this army has prevented many of them from accepting it I'or a number of ueeJts theybave issued about two thousand rations per day : from the best information their number is decreasing. The patience and perseverance with which this army has sustained a march attended with difficulties uncommon in their nature, does honor to themselves and their country. The British hare established a port at Sandwich opposite Detroit ; the militia of Detroit have manifested a laudable and patriotic spirit. In your letter of the JIUh June you direct me to adopt measures for the security of the country and wait for further orders ; I regret that I have not a larger latitude, I am, verv respectfully, &c. WILLIAM HULL. Honorable William Kustis. Detroit, 9th July, Sir I have received your letter of the 2-1 th June. The army untie r my command arrived here on the Mb July, inst. Every effort has been ;>nd is still making by the British, to collect the Indians under their stair lard; they have a large number. 1 am pit-paring boats and shall pass the river in a few days. The British have established a post directly opposite 1o this place ; 1 have confidence in dislodging them, and of being in possession of the opposite bank. J have little time to write ; everv thing will be dune that is possible to do. The British command tin-. .fa't i and the savages : I do not think the force here equal to the reduc- tion of Amli.-rstburg ; vou therefore must not be too sanguine. I am, &c WILLIAM III H, Hon. William Enstis. J),tnnl. July 10, 1812 Sir Mr. Beard, Augustus Porter's agent here, informed me that, in consequence of the lake being closed against us, he cannot furnish the necessary supplies of provisions. I have, therelbre, authorized Mr. Joh* II. Fiatt. of Cincinnati, (now here) to furnish two hundred thousand ra- tions of flour and the same quantity of beef. I have engaged to give him 5 per cent, on the amount of purchases and pay his necessary expen- ccs. and the expencc of transportation ; he will either hire or purchase pack-horses to transport the flour. I shall draw on you for the money necessary for the purpose. The communication must be ^ccured or this army will be without provisions. Troops will be absolutely necessary on the road to protect the provisions. This must not L"J neglected ; it' it is this army will perish by hunger. 1 am, A:c. (Signed.) WILLIAM HULL. Honourable W. Kustis. B* in L'fj;cr Canada, July I3ih, 15>I2. Sir from the ;>l}>. July hist, the day of tltc arrival of the army at LV troit, the whole was employed in strengthening the fortifications for t!:r security of the town, and preparing boats for the passage of the river. About one hundred regulars of the British army, and, from the berl ac- counts I have been able to obtain, six hundred Canadian militia will) ar- tillery, were in possession of the opposite bank, and fortifying directly opposite the town ; seven or eight hundred Indians were likewise attach- ed to this corps. On the rvenin; of the 11th, before dark, the boats were ordered down the river, and a part of tlic army marched towards the river Ilougr. with directions to return under cover of the night and proceed above the town. The object of this movement was to induce the enemy to believe that this was a preparatory measure to the pas- sage of the river below : this indeed would have been the real movement, if a sufficient number of boats could have been collected for the passage of a body of troops at onc.e superior to the enemy's: the necessary arrange- ments having been made, the latter moved above the town to Bloody bridge. The 4th U. S. regiment, M' Arthur's, Finley's and Ciiss'-; regi- ments of Ohio volunteers, with three six pounders under the command of Captain Dyson, marched to the same point ; the descent v,;>v imme- diately made, and the army is now encamped on the Canada shore witii- out the loss of a man. In the course of the night the enemy abandoned their position and retreated to Amlicrstburg. Both (he embarkation and debarkation were conducted with the greatest regularity, and all the heavy artillery that was mounted on cuiriages was placed on the bank in suitable situations to have covered thr lauding. In less than five min- utes after the first boat of a rcsinv-nt struck the shore, the whole regi- ment was formed. The manner in which this difficult movement \\~,\< executed does honor to the ofiicc :< and soldiers of this army. I consi- der the possession of this bank as highly important. By erect in^onr; or two batteries opposite to the batteries at Detroit, the river will ii. completely commanded in the rear <>i the army. On the Detroit. River, the River La Tranche, and Lake St. ("lair is a populous and valuable part of the province ; it Is likuivi.sc probable that when the In- dians see the American standard erected on both sides the river it iviJI have a favorable effect. Inclosed is a copy of a proclamation to the inhabitants, which I hope will be approved by the government. Two hundred copies have been printed and are now in circulation : all the inhabitants who have seen i< ippear satisfied. I am, &c. (Signed.) WILLIAM III i,I. Hon. \V. Eustis. Oitniit, Jitiy 22d, 5 o'clock, A. M. Sir yesterday afternoon I passed over to this place with Lieutcnan;. Colonel Miller and one battalion of the 4th regiment, for the purpose oi accelerating the preparations for the siege of Maiden. I find that en- tirely new carriages must be built for the 24 pounders and mortars , it will require at least two weeks to make the necessary preparations ; it is in the power of this army to take Maiden by storm, but it Would be attended, in my opinion, with too great a sacrifice under the present cir- cumstances. I am making preparations for an attempt on the " Queen Charlotte.*' If Maiden was in our possession I could march this army to Niagara oi York in a very short time. I am, very respectfully, vtc." (Signed.) WILLIAM HULL, Brig. Gen. Commanding N. W. armv, U. s The hon. W. Knstte. Sanfaick, l~. C. August 4th, 1311!. Sir At the time when the army umbr my command took possession >f this part of the province of Upper Canada every thing appeared fa- vourable, and a!I the operations of this army have been successful; cir- cumstances have since occurred which seem materially to change our fu- iiv prospects. The unexpected surrender of Michilimackinac'and thi :ardy operations of the army at Niagara are the circumstances to which I allude. I have every reason to expect in a very short time a tarn: body of Indians from the north, whose operations H ill be directed against this army. They are under the influence oft the North and South-west Companies, and the interest of these companies depends on opening the communication of the Detroit river this summer. It is the channel by which they obtain their supplies, and there can be no doubt but cvcrv ef- fort will be made against this army to open that communication. It is the opinion of the officers and the most intelligent gentlemen I'romMich- ilimaekinac, that the British can engage any numbers of Indians they may have occasion for, and that (including tho Kngagesof N. W. and S. VV. Companies) two or three thousand will be brought to this place in H very short time. Despatches have been sent to Maiden and the mes- sengers have returned with orders. With respect to the delay al Niagara, the following consequences have followed : a Major Chambers of the British army with 55 regulars and 1 pieces of brass artillery, has been detached from Niagara, ami by the last accounts had penetrated as fat- as Delaware, about 120 miles from this place ; every effort was waking by this detachment to obtain reinforcements from the militia and In- dians ; considerable numbers had joined ; and it was expected this force would consist of 6 or 700 : the object of this force is to operate against this army. Two days ago all the Indians were sent from Maiden with i small body of British troops to Brownstown and Maguagstet, and made prisoners of the Wyandots at those places. There are strong reasons to believe that it was by their own consent, notwithstanding the professions they had made. Under all these'circumstanccs you will perceive that i he situation of this army is critical. I am now preparing a work on this !>ank, which may be defended by about 300 men. I have consulted with the principal officers and an attempt to storm the fort at Maiden is thought unadviseable without artillery to make a breach. The pickets are 14 feet high, and defended by bastions on which arc mounted 24 pie- <:* of cannon. I am preparing floating batteries to drive the Queen Charlotte from the mouth of the River Canards, and land them below that river; and it is my intention to march down with the army, and as soon as a breach can be made, attempt the place by storm. Circumstances, however, may render it necessary to re-cross the river with the main body of the irmy, to preserve the communication lor the purpose of obtaining sup- plies from Ohio. I am constantly obliged to make a strong detachment to convoy the provisions between the loot of the Rapids and Detroit. If nothing should be doue at Niagara, and the force should come from the north and the east, as is almost certain, you must be sensible of the dif- ficulties which will attend ray situation. I can promise nothing but my best and most faithful exertions to promote the honor of the army and the interest of my country. I am, very respectfully, I/on (Signed.) WILLIAM HULL. . W. K'Kti-. ( 12 ) Sandwich, 1. C. 29/A July, 1812. Sir in 1117 letter of this date to the secretary of war, I have requtftl" o<l a reinforcement of 2000 men; 1600 from the state of Kentucky, and 00 from the slate of Ohio. I hope, sir, you will consider yourself au- thorized to call them into service, anil order them to the place of destina- tion, before you receive particular instructions from the secretary of the department of war. I have just received information that Michilimack- mac (situate 300 miles from here) has been taken by the British, aided by about 1000 Indians. The operations of this army has been hitherto successful, and it is of the greatest importance that the objects should lr effected. I refer you to Air, Caracal for every information respecting the situation of the army and the state of things. The men must b- armcd ; we hare no ?pare arras here. I have the honor, &c. (Signed.) WILLIAM HILL. Brig. General Comdg. His excellency Gov. Scott. Similar written to Gov. Mcigs. Detroit, WhJugvst, 1812. Sir I have received your letter of the 26th July. Under existing circumstanced I have, from private feelings, re-crossed the Detroit River with the main body of the army, without making an attempt on the Bri tish fort at Maiden. My reasons were that I did not consider it could be dono consistent with my orders, viz. the safety of the posts in our own country. Contrary to my expectations, the Wyandots have become hostile, and the other nations connected with them are following their example. Since the fall of Mackana the Indian force has been fast en- creasing in this part of the country. From all the information, a large Indian and Canadian force may be expected from Mackinack, and the force from Niagara, which I mentioned in my former letter, is advancing My communications with the state of Ohio, on which the supplies of this army depended, is cut oft", and having been defeated in an attempt to open that communication, as appears*by my letter of the 7th inst. I considered it indispensibly necessary to open that communication. Per- haps the reduction of Maiden would have been the most effectual mode. The bridges were broke down and the nature of the country was such that the officers of the artillery gave it as their opinion that the heavy pieces could not be brought before the work without much time and great labour ; more time than would have been safe to have employed. Time does not admit of a detail of all the difficulties which every hour were encreasing, I have built a work nearly opposite Detroit, garrison- ed by 230 infantry and 25 artillerists. In pursuance of my system, Lieutenant Colonel Miller is now commencing his march with six hun- dred of the best troops of the army to meet Captain Brush from Ohio with two hundred volunteers, escorting 300 head of cattle and a quanti- ty of flour on pack-horses. I am very respectfullv, &c. (Signed.) WILLIAM HULL. The Hon. Win. Eustis, secretary of war. GENERAL HULL'S OFFICIAL ACCOUNT OF THE SURREN- DER OF DETROIT. Montreal, September a, 1812. Sir The enclosed despatch was prepared on my arrival at Fort George, and it was my intention to- have forwarded it from that place by ( 13 ) Major Witlicrcll, of the Michigan volunteers. I made application to the coininanding officer at that post, and was refused ; lie slating that he was not authorised, and General Brock was then at York. We were imine- lialely embarked tor this place, and Major Witherell obtained liberty at Kingston to go home on p;iole. This is the tirst opportunity I have had to forward the despatch* -. The fourth United States regiment i destined for Quebec, with a par; of the first. The whole consist of a little over 300. Sir George Prcvosl, without any request on my part, has offered to take my parole, and permit me to proceed to the states. Lieut. Anderson, of the eighth regiment, is the bearer of my des- patches. He was formerly a lieutenant in the artillery, and resigned his commission on being appointed marshal of the territory of Michigan. During the campaign he has had a command in the artillery ; and Ire- rnmmcnd him to yon as a valuable officer. He is particularly acquainted with the state of things previous and at the time when the capitulation took place. He will be able to give you correct information on any points, about which you may think proper t enquire. I am, very respectfully, your most obedient servant. WILLIAM Hi; LI lion. W. Kustis, sec'y of the dept. of war. Fort George, August 2C, Itfl-. Sir Enclosed are the articles of capitulation, by which the fort of Detroit has been surrendered to Major General Brock, commanding hi* Britannic majesty's forces in Upper Canada, and by which the troops have I>f come prisoners of war. My situation at pre.sent forbids me from detailing the particular causes which have led to lhi> unfortunate event. I will, however, generally observe, that, after the surrender of Michilli- mackinac, almost every tribe and nation of Indians, excepting a part of the Miamies a ad Delawares, north, from beyond Lake Superior, west, from beyond the Mississippi, south from the Ohio and Wabush, and ease from every part of Upper Canada, and from all the intermediate country, joined in open hostility, under the British standard, against the army I commanded, contrary to the most solemn assurances of a large portion of them to remain neutral : even the Ottawa Chiefs, from Arbccrotch. who formed the delegation to Washington the last summer, in whose friendship I know you had great confidence, are among the hostile tribes and several of them distinguished leaders. Among the fast number ol chiet-! who lead the hostile bauds, Tecumseh, Marpot, Logan, Walk-in- the-water,, Sp!it-lo, &c. are considered the principals. This numerous assemblage of savages, under the entire influence and direction of the British commander, enabled him totally to obstruct the only communi- cation which I had with my country. This communication had been opened from the settlements in the state of Ohio, two hundred miles through a wilderness, by the fatigues of the army, which I marched to the frontier on the River Detroit. The body of the lake being com- manded by thu British armed ships, and the shores and rivers by guc- bbats, the army was totally deprived of all communication by water On this extensive road it depended tor transportation of provisions, mil- itary i' tores, medicine, clothing, and every other supply, on pack-horses all its operations were successful until its arrival at Detroit, and iu & lew days it passed into the enemy's country, and all opposition seemed to fall before it. On : month it remained in possession of this country, and was fed from its resources. In different directions detachments pene- trated 60 miles in the settled part of the province, and the inhabitants seemed satisfied with the change of situation which appeared to be taking place the militia from Amherstburg were daily deserting, and the whole country, thon under the pontroul of the army, was asking: for protection. The Indians generally, in the first instance, appeared to be neutralized, and determined to take no part in the contest. The fort of Amherstburg was eighteen miles below my encampment. Not a single cannon or mortar was on wheels suitable to carry before that place. I consulted my officers, whether it was expedient to make an attempt on it with thr bayonet alone, without cannon to nrike a breach in the first instance. The council I called was of the opinion it was not. The greatest indus- try was exerted in making preparation, and it was not until the 7th of August that two 24 pound. TS, and three howitzers were prepared. It was then my intention to have proceeded on the enterprise. While the operations of the army were delayed by these preparations, the clouds of adversity, had been for some time and seemed still thickly to be gath- ering around me. The surrender of .Michillimackinac opened the north- ern hive of Indians, and they were swarming down in every direction. Reinforcements from Niagara had arrived at Amherstburg under the command of Colonel Proctor. The desertion of the militia cc-a-i d. 15i sides the reinforcements that came by water, I received information of a very considerable force under the command of .Major Chambers, on the River Le Trench, with four field pieces, and collecting the militia n hi- ronte, evidently destined for Amherstburg : and in addition to this com- bination, and increase of force, contrary to all my expectations, the NVy- .mdor.s. Chippewas. Ottawas, Pottawatamies, ilmi-ees. Delawares, &e. with whom I had the most friendly intercourse, at once passed over U* Amherstburg, and accepted the tomahawk and scalping knife. There being now a vast number of Indians at the British po,l, they were sent to the River Huron, Hiownstown and Magnago to intercept my commu- nication. To open this communication 1 detached .Major Vanhorne of the Ohio volunteers \vith290 men to proceed as far as the River Raisin, under an expectation he would meet Captain Unish with 1/M) men, vol- unteers from the state of Ohio, and a quantity of provision ibr the army An ambuscade was formed at Brownstowu, and Major Vanhorno's de- tachment defeated, and returned to camp without eflectinii, the ohjecl of the expedition. In my letter of the 7th inst. you have the particulars of that transac tion, with a rrturn of the killed and wounded, l.'nder this sudden and unexpected change of things, and having received an express from Gen- ml fluli, commanding opposite the British shore on the Niagara river, by w!ii."h it appeared there was no prospect of co-operation from that quarter, and the two senior officers of the artillery having stated to me- an opinion that it would be. extremely difficult, if not impossible, to pass the Turkey river and river Aux Canard, with the 24 pounders, and that they could not be transported by water, a* the Queen Charlotte, which carried 18 24 pounders, lay in the River Detroit above the mouth of tin River Aux Canard and as it appeared indispensibly necessary to open the eoinnmnication to the River Raisin, and the Miami, I f.iuiid my sell compelled to suspend the operation against Amherstburg, and concen- trate the main force of the army at Detroit. Fully intending, at that time, after the communication was opened, to re-cross the river and pursue the object at A inhcrstburg, and strongly desirous of continuing protection to a very large number of (be inhabitants of Upper Canada. >vho had voluntarily accepted it under my proclamation, I established K -. I- idrticss on the banks of the river, a little below Detroit, calculated for a garrison of 300 men. On the cvr-iiii:; of tbo Ttli and morning of the :;th inst. the army, excepting the garrison ol ' 2M im'antry, :ind a corps of artillerists, all under the command of .'Major benny of the Ohio volun- eeo, re-crossed the river and encamped at Detroit. In pursuance of lie object of opening the communication, ou which 1 considered the ex- istence of the army depending, a detachment of six hundred men, nude; Mm command of Lieutenant Colonel .Miller was immediately ordered. For :i particular account of the proceedings of this detachment and the memorable hat tie which was fought at Maguago, which reflects the high- <"-t honour on the American ;irms, I nler you to my letter of .the 13lh \ugi:st inst. a duplicate of which is enclosed, marked t!. -\olhing how- ever hut honour wa>s acquired by this victory and it is a painful consi- deration, that the blood of 7.') gallant men could only open the commu- nication, as far as the points of their bayonets extended. The necessary earn of the sick and wounded, and a very severe storm of rain, rendered Micir return to the camp indispcnsibly necessary for their own comfort. rapt. Brush, with his small detachment and the provisions, being still at the J'.iver Ilaisin, and iu a situation to be destroyed by the savages, on the 13th inst. in the evening, I permitted Cols. .M'Arthur and ( : to select from their regiment four hundred of their most etlVc'.ive, men, md proceed an upper route through tin- woods which I had sent an cx- ;>[(; to (.'apt. Brush to take, and had directed iiie militia oi the river Kaisin to accompany him as a reinforcement. The. force of the ene- my continually encreasing, and the Heredity ol'ojn ningthe communica- tion, andHctmg on t.h- deiensiv, becoming more ; "parent, 1 had, pre- vious to dfetachmgCols. .M'Arthur and ( a>s on the llth inst, evacuated and destroyed the fort on the opposite hank. On tti' 1 Kith in the evening. General Brock arrived at Amlierstburg, about t lie hour Colonel M'. \rMiiir. a;; ! ( 'a 1 -- marched, of which at that time 1 had received no in- formation. On the 15th 1 received a summons from him to surrender Ibrt Detroit, of which the paper marked A is a copy, .My answer is mark- ed B. At this time I had received no information from Cols. .M'Ar 'hur !! ! ' asst An express was imme< .; strongly escorted with orders for them to return. On the 15th, as soon as Gen. Brock ivi-d my inter, his batteries opened on the town anil fort, and con- tinued until evening. In the evening all the British ships of war cam* nearly as far up the river as Saudwich, three miles below Detroit. At day light on the 16th (at which time I had received no information from Col's M'Arthur andCass, my expiesM s setii Ihe escning before and in the night, having been prevented from passing by numerous bodies of Indians) the cannonade recommenced, and in a short time I received in- formation, that the British army, and Indians, were landing below the Spring wells, under the cover of their ships of war. At this time the whole effective force at my disposal at Detroit did not exceed 800 men. Being new troops, and unaccustomed t<* a camp life having perfor- med a laborious inarch ] .-ins been engaged in a number of battles and skirmishes, in which many had fallen, and more had received wounds, in addition to which a large number being sick, aixl unprovided with medicui" and the comforts necessary lor their situation are the .i'ii( ral causes by which the strength of the army was thus reduced. The, fort <it this lime was tilled with women, children, and the old and decrr.piil people of the town and country they wue unsafe iu the town. as it was entirely open and exposed to the. enemy's batteries. Back o! 'lie fcrt, above or below it, there was no safctr for them on account oi ( 16 ) the Indians. In the first instance, the enemy's fire was principally di- rected against our batteries towards the close, it was directed against the fort alone, and almost every shot and shell had their effect. It now became necessary either to light the enemy in the field; col- lect the whole force in the fort; or propose terms of capitulation. I could not hare carried into ihe field more than six hundred men. and left any adequate force in the fort. There w?re landed at that time of the enemy a regular force of much mor than that number, and twice the number of Indians. Considering this great inequality of force, I did not think it expedient to adopt the first measure. The second must have been attended with great sacrifice of blood, and no JK>SM!>!< ad> vantage, because the contest could not have be;-n snsiuined more than a day for the want of powder and but a very few days for the want of provisions. In addition to this, Colonels M'Artbur and t'ass would have been in a most hazardous situation. I feared nothing but the last alter- native. I have dared to adopt it I well know the high responsibility of the measure, and I take the whole upon myself. It was dictated by a sense of duty, and a full conviction of its expediency The bands of savages which had then joined the British force were numerous beyond any former example. Their numbers have sin-e increased, and the his- tory of the barbarians of the north of Europe d:> -s not furnish examples of more greedy violence than thes- savage* h..vo. exhioited. A large portion of the brave and gallant officers a:i;l men I commanded would -heerfully have contested until the last cartridge had been expended, and the bayonets worn to the sockets. I could not consent to the use- less sacrifice of such brave men, wheu I knew it was impossible for me to sntain my situation. It was impossible, in the nature of things, that an army could have been furnished with the necessary supplies of pro- vision, military stores, clothing and the comlbrts for the sick, on pack horses, through a wilderness of two hundred miles, filled with hostile savages. It was impossible, s ir, that this little army, worn down by fa- tigue, ?iy sickness, by wounds, and deaths, could have supported itself not n;i'. ;;gainst the collected force of all the northern nations of In- dians; but against the united strength of Upper Canada, whose popu- lation consists of more than twenty times that number contained in the territory of Michigan, aided by the principal part of the regular forces of the province, and the wealth and influence of the north west and other trading establishments among the Indians, who have in their em- ployment and nnder their entire controul more than two thousand white men. Before I close this dispatch it is a duty I owe my respectable associates in command, Colonels M'Arthur, Fir.dley, Cass, and Licutcn* ant C'olonel Miller, to express my obligations to them for the prompt and judicious manner they have performed their respective duties. I|~ aught has taken place during the campaign, which is honourable to thfi/ armr, these officers are entitled to it large share of it. If the last act should be disapproved, no part of the censure belongs to them. I have likewise to express my obligation to General Taylor, who has performed tb 1 .! duty of qti.u ter-master-general, for his great exertions in procuring every thing in his department which it was possible to furnish for the vonvenience of the army ; likewise to Brigade Major Jessup, for the correct and punctual manner in which he has discharged his duty; and to the army gen-rally for their exertion and the zeal they have mani- fested for the public interest. The death of Dr. Foster soon after he arrived at Detroit, was a severe misfortune to the army ; it was incrcas* i-.tj by the capture of tltc Chechaga packet, by which the medicine ami hospital stores were lost. He was commencing the Le<it arrangement in Uic department of which he was the principal, with the very small means he possessed. 1 was likewise deprived of the necessary services of Captain Partridge by sickness, the only officer of the corps of engi- neers attached to tiie army. All the officers and men have gone to their respective homes, excepting the 4th United States regiment, and a small part of the first, and Captain Dyson's company of artillery. Captain Dyson's company was lnft at Amherstburg, and the others ure with me prisoners they amount to about three hundred and Ibrty. 1 have only to solicit an investigation of my conduct, as early as my situ- ation, and the state of things will admit ; and to add the further re- qu<"4, that the government will not be unmindful of my associates in captivity, and of the families of those brave men who havo fallen in the contest. 1 have the honour to be, very respectfully, your most obedient ser- vant. W. HULL. Brigadier general commanding the north-western army of the United States. Hon. \V. Eustjs, secretary of the department of war. BY WILLIAM II I'LL, Brigadier Centra! and Commander of the J\'orth-tfcstern Army of th 6 I '.\itcd States. A PROCLAMATION. INHABITANTS OF CANADA ! After thirty years of peaco and prosperity, the United Statrs have been driven to arms. The injuries and aggressions, the instills and indignities of Great Britain have once more left them no alterna- tive but manly resistance or unconditional submission. The army under my command, has invaded your country ; the standard of the Union now waves over the territory of Canada. To the peaceable unoffending in- habitant, it brings neither danger nor difficulty. I come to find enemies* not to make them I come to protect, not to injure you. Sepaiuted by an immense ocean and an extensive wifderncRS from Great Britain, you have no participation in her councils no. interest in her c6n- duct. You have felt her tyranny, you have seen her injustice. But I do no. r.-k you to avenge the one or redress the othor. The Unite/1 Statrs are sufficiently powerful to aflbrd every security, consistent with their rights and your expectations. I tender you the invaluable blessing of civil, political and religious liberty, and their necessary result, indi- vidual and general prosperity : that liberty which gave decision to our councils, and euergy to our conduct in a struggle for independence, which conducted us safely and triumphantly through the stormy period of the revolution the liberty which raised us to an elevated rank amon;r the nations of the world ; and which aflbrded us a greater measure of peace and security, of wealth and improvement, than ever fell to the lot of any people. In the name of my country, and the authority of govern- ment, I promise you protection to your persons, property and rights ; remain at your homes ; pursue your peaceful and customary avocations ; raise not your hands against your brethren. Many of your father? fought for the freedom and independence we now enjoy. Being children therefore of the sara^ family with us, and heirs to the same heritage, C* the arrival of an anny oi' friends must be haiied by you witli ;< coiciir*, welcome. You will be emancipated from tyranny and oppression, and restored to the dignified station of freemen. Had I any doubt of event-, tial success, I might ask your assistance!, but I do not. I come prepared for eVery contingency I have a force which will break down all opposi- tion, and that force is but the van guard of a much greater If, contrary to your own interest and the just expectations of my country, you should take a part in the approaching contest, you will be treated and consider- ed as enemies, and the horrors and calamities of war will stalk before yon. If the barbarous and savage policy of Great Britain be pursued, and the savages let loose to murder onr citizens and butcher our women and children, THIS WAR WILL BE A WAR OF EXTERMINATION. The first stroke of the tomahawk the first attempt with the scalping knife, will be the signal of one .indiscriminate scene of desolation. No white man found fighting by the side of an indian will be taken prisoner instant, death will be his lot. If the dictates of reason, duty, justice and hu- manity cannot prevent the employment of a force which respects no rights, and knows no wrong, it will be prevented by a severe and relent- less system of retaliation. I doubt not your couraga and firmness I will not doubt your attachment to liberty. If you tender your services voluntarily, they will be accepted readily. The United States offer you peace, liberty and security. Your choice lies between these ami war, slavery and destruction Choose then; but choose wisely and may he who knows the justice of our cause, and who holds in his hand the fate of nations, guide you to the result the most compatible with your rights and interests, your peace and happiness. By the General, A. P. HULL. Captain of the 13</t United Stairs regiment, of Infantry and Aid-dc-Canip Jlcad-quarters, Sandn-i,cti, July 12, To 12. WILLIAM HULL. Camp, Spring Hill, 3 wiles belotv Detroit, July G, loll.'. SIR, Since the arrival of my army, at this encampment (5 o'clock P. 31 yesterday) I have been informed that a number of discharges ol artille- ry and of small arms have been made by the militia of the territory from this shore, into Sandwich : I regret to have received such infor- mation : the proceeding was unauthorized by me. I am not disposed to make war against [.livatc property, or to authorize a wanton attack upon unoffending individuals. I would be happy to learn whether you consider private property a proper subject of seizure and detention ; I allude to the baggage of officers in particular. The bearer of this is Colonel Cass, an officer commanding OIK of my regiments; he is accompanied by Captain Hick man. He is in posses- sion of my views on the subject of an exchange of prisoners, and is au- thorized to enter into a stipulation for that purpose. (Signed.) Wm. HULL, Brig. Gen. U. S. Army. Col. St. George, or the officer commanding Fort Maiden. ( 19 ) Amhcrsibivrg, July 6, 13 1_ lRj 1 am honoured with your letter of this days date ; I perfectly cain ride with you in opinion respecting private property, and any wanton attack upon unoffending individuals, and ain happy to find, what I .was en-tain would be the case, that the aggression in question was unau- thorized by you. In respect to the property of officers not on board a vessel at tire time of capture, I must be judged by the custom of war in like cases, in justice to the captors, and shall always be ready to meet your wishes respecting an exchange of prisoners when I receive orders on that sub- joct from my government. I have the honour, &c. (Signed.) J. B. St. GEORGE. Lieut. Col. commanding at Amherstberg^ Brig. Gen. Hull. Detroit, July llth, 1812. DEAR SIR, The army arrived here on the .5th inst. I have now only time to state to you that we are very deficient in provisions, and I have autho- rized Mr. Pratt to furnish a supply for two months. The communication must be preserved by your militia, or this army will perish for the want of provisions. We have the fullest confidence, you will do all in your power to prevent so distressing a calamity as the ivant of provisions to tin's patriotic army. I am, &c. (Signed.) Wm. HULL, Brig. Gen. commanding - Governor Meigs. (1KXERAL ORDERS. Detroit, August 4, 1812. If Major Van Home should deem a larger force necessary to guard die provisions from river Raisin to Detroit, than the detachment under his command, he is authorized to order Captain Lacrnix and fifty of his company to join him, and march on the- whole or part of the way to De- troit. It must, however, be so arranged that his march back will be ;!'<'. if the company dee* not proceed the whole distance. (Signed.) Wm. HULL. Brig. Gen. Commanding. Riier Raisin, August 4, 1812. BRIGADIER GENERAL HULL. HON'D. SIR, According to your order of the 10th July, I have this day called into actual service all the 2d regiment, except Captain D. Hull's company, nt the Miami. It appears that we are invaded on all sides; a number of our citizens has been taken prisoners or killed between the river Hu- uii and Swamp Creek, and they have been at Sandy Creek up the >rttlement, and skulking about. I now wish to know if I will call Cap- tain Hull's company into service, and how I will organize the regiment, ind whether I wHl take the command as my present rank if Captain Lacroix will be under mv command or fcot. 1 am fearful this settle- ment will be all cut ofl", since the Wyandots have gone over ; but I an* determined to give them a brushing if they come here. I send Mr Wm. Knaggs express to wait your answer ; I refer you to him lor further news. Wishing to hear what news the mail would give us, I thought proper to detain Mr. Knaggs until its arrival ; but finding it did no> arrive by nine o'clock this night (the . r >th) I have closed my letter. I am doubtful if the mail is not taken, but I hope not ; I do all in my power to keep up the spirits of the inhabitants, which is all but exhaust- ed. There is 40 men on guard and patrole at this place, and ten at tin- other creek, and will continue the same until further orders. We an short of ammunition if attacked, please to keep a little for us if possible. I wish to know how many men will entitle a captain to command. t understand, by good authority, that numbers of Indians is passing on the heads of this river and river Huron, on their way to MALDEN; and, I think, that if some plan is not taken soon, that they will be in thou- sands at that place before long ; but we must not despair in the good- ness of providence. I wish you to send Mr. Knaggs out as soon as possi- ble to let us know the news, &c. Wishing you prosperity, and that soon. I am your most obedient and humble servant, JOHN ANDERSON. P. S. In behalf of the inhabitants, 1 request you will not order away any of the peeple from this place, for we are too few for its deft-ar < if it was possible, to be succored would be best. (Signed.) J. A. Fort William, .July l<Hh, 181:.' DUNCAN MACKINTOSH, Esq. DEAR SIR I can just command as much time as to djop you a few lines, merely to acquaint you that we are not ignorant of the impolitic steps taken by the government of the United States of America. The declaration of war reached us on the 16th instant; but we were neither astonished nor alarmed ; our agents ordered a general muster wind; amounted to 1,209, exclusive of several hundred of the natives; w v are now equal in all to 1,600 or 1,700 strong. One of our gentlemen started on the 17th with several light cannons for the interior country to rouse the natives to activity, which is not hard to do on the present occasion. We likewise dispatched messengers in all directions with tlu news. I have not the least doubt but our forces will amount, in ten day*, hence, to at least /S.OOO effective men. It is not our intention to tor- ward our packs before the latter end of September or the beginning ol October. It happens very fortunately that we are well supplied \\ilh warlike stores, and I assure you that the Americans will not intercepr our property without meeting with a warm reception. We are at pre- sent very busy in fortifying this place ; however, the property thai will remain here will be of little importance, as our most valuable property goes into the interior. Our young gentlemen and engager? offered, most handsomely, to inarch immediately for Mieliilliniackinac , our chief, .Mr. Shaw, expn-^ed liis gratitude, and drafted 100. They are to sail this evening, and to proceed for St. Joseph. He takes as manv Indians : could the vessel contain them, lie might have had 4,000 moit It now depends entirely on what accounts we receive from the govern mcnt, whether the numerous tribes from the interior will proceed to St. Joseph or not so much for politics. We understand that Captair ( 21 ) Barbanck declared himself an American; this is no disappointment to us, as we have another to take the command. We depend much upon your brother. The last supply from your quarter arrived in sufficient time to meet our outfits. I will not enter into the general husiness, as the agents address your father on that head. We are a littJo apprehen- sive that the yankees have got hold of our tobacco from Albany. I must conclude in great haste, as the vessel is going to weigli anchor. 1 remain, &c. (Signed.) K. MACKKXZIE. Kxtract of a letter from Lieut. Hanks, deceased, late commandant nf Mich- illimackinac, to General Hull, dated "Ddroit, bth Avgvst, 1812. Sir I take the earliest opportunity to acquaint your excellence of Uie iurreuder of Michillimackinac, under my command to his Britannic majes- ty's forces under the command of Captain Charles Roberts, on the 17th nit. the particulars of which arc as follows : On the 16th, I was in- formed by the Indian interpreter, that he had discovered from an In- dian that the sevenil nations of Indians then at St. Joseph, (a British garrison, distance forty-five miles) intended to make an immediate attack, on Michillimackinac. I was inclined, from the coolness 1 had discovered in some of the principal chiefs of the Ottawa and Chippawa nations, who had but a few days before professed tho greatest friendship for the Uni- ted States, to place confidence in this report. I immediately called a meeting of the American gentlemen at that time on the island, in which it was thought proper to dispatch a confidential person to St. Joseph to watch the motions of the Indians. Capt. Dannuan.of the militia was thought the most suitable lor this service. He embarked about sunset and met the British forces within ten or fifteen miles of the island, by whom he was made prisoner and put'on his parole of honor. He wait landed on the island at day -break, with positive directions to give me NO intelligence whatever. He was also instructed to take the inhabi- tants of the village indiscriminately to a place on the west side of the isl- and, when 1 their persons and property should be protected by a British guard ; but should they go to the fort, they would be subject to a gene- ral massacre by the savages, which would be inevitable if the garrison fired a gun. This information I received from Doctor Day, who was pass- ing through the village when every person was flying lor refuge to the enemy, immediately on being informed of the approach of the enemy, I placed ammunition, &c. in the block-houses ; ordered every gun char- ged, and made every preparation for action. About 9 o'clock I could discover that the enemy were in possession of the heights that command- ed the fort, and one piece of their artillery directed to the most defence- less part of the garrison. The Indians at this time were to be seen in great numbers in the edge of the woods. At half past 11 o'clock, the enemy sent in a flag of truce, demanding a surrender of the fort and isl- and to his Britannic Majesty's forces. This, Sir, was the first informa- tion I had of the declaration of war; I, however, had anticipated it and was as well prepared to meet such an event as I possibly could have been with the force under my command, amounting to fifty-seven effec- tive men, including officers. Three American gentlemen, who were pri- soners, were permitted to accompany the flag : from them I ascertain- ed the strength of the enemy to be from nine hundred to one thousand strong, consisting of regular troops, Canadians and savages , that they bad two pieces of artillery and were provided with ladders and ropes ibr the purpose of sceeling the works if ecf spary. After 1 bad obtained ( 22 ) (his information, I consulted rny officers and also the American gentlemen present, who wore very intelligent men ; the result of which was, that it was impossible for the garrison to hold out against such a superior force. In this opinion I fully concurred, from a conviction that it was the only measure that could prevent a general massacre. The fort and garrison were accordingly surrendered. "The enclosed papers exhibit copies of the correspondence between the officer commanding the British forces and myself, and of the arti- cles of capitulation. This subject involved questions of a peculiar na- ture ; and I hope, Sir, that my demands and protests will meet the ap- probation of my government. I cannot allow this opportunity to escape without expressing my obligations to Dr. Day for the service he render- ed me in conducting this correspondence. " In consequence of this unfortunate affair, I beg leave, Sir, to demand that a court of enquiry may be ordered to investigate all the facts connected with it ; and I do further request, that the court may be speedily directed to evpress their opinion on the merits of the case. I have the honour to be, &c. P. HANKS. Lieutenant of Artillery His Excellency Gen. Hull, Commanding the i\. W. Army." "P. S. The following particulars relative to the British force were obtained after the capitulation, from a source that admit?! of no doubt : Regular troops 46 (Including 1 officers ;) Canadian militia 2U) Total 306. SAVAGES Sioux 56; Winnebagoes 48; Tallesawain 39; Chippawas and Ottawas .072 savages lib, whites 306 Total 1021. " It may also be remarked, that one hundred and fifty Chippcwas and Ottawas joided the British, two days after the capitulation. P. H." " Heights above Michillimackinac " 17th July, 1812. "CAPITULATION " Agreed upon between Captain Charles Roberts, commanding his Bri- tannic v Majesty's forces, on the one part, and Lieut. Porter Hanks, com- manding the forces of the United States, on the other part. "1st. The Fort of .Michillimackinac shall immediately be surrendered to the British forces. " 2d. The garrison shall march out witli the honours of war, lay down their arms, aud become prisoners ; and shall be sent to the U. States of America by his Britannic Majesty, not to serve this war until regularly exchanged : and for the due performance of this article, the officers pledge their word and honour. " 3d. All the merchant vessels in the harbour, with their cargoes, shall be in possession of their respective owners. " 4th. Private property shall be held sacred as far as it is in my power. " 5th. All the citizens of the U. Statvi, who shall not take the oath of allegiance to his Britannic Majesty, shall depart witli their property from the island in one mouth from the date hereof. (Signed) (H. \RLF.S ROBERTS, Captain commanding his Britannic .Majesty's forces. p. HACK'S, f.-ieutecant commanding the United states' troop*." ( 23 ) Supplement to the articles of capitulation signed on the 7th July. " The Captains and crews of the vessels Erie, and Freegoodwill, shall br- included under the second article, not to serve until regularly ex~- cha^iged, for which the officers shall pledge their word of honour. " Fort Michiliraaekinac, "23d July, 1812. CHARLES ROBERTS, Captain commanding the forces of Ins Britannic majesty. GRANTED. P. HAIVKS. Lieutenant commanding the United States' troops. Head-Quarters Sandwich, August l/>, 1812. Sir The force at my disposal, authorises me to require of you the immediate surrender of Fort Detroit. It is far from my inclination to join in a war oJ' extermination, but you must be aware, that the numer- ous body of Indians, who have attached themselves to my troops, will be beyond my controul the moment the contest commences. You will find me disposed to enter into such conditions as will satisfy the most scrupulous .sense of honour. Lieut. Colonel M'Donnell and .Major Gle^e; are fully authorised to conclude any arrangement that may lead to pre- vent the unnecessary eiiusion of blood. \ have the honour to be, Sir, ; our most obedient servant, (Signed) ISAAC BROCK, Maj. Gen. His Excellency Bri::. Gen. Hull, Commanding at Fort Detroit. Head-Quarters Detroit, August 15, 1812. Sir I have no other reply Ho make, than to inform you, that I am pre- pared to meet any force which may be at your disposal, and any conse- quences which may result from any exertion of it you may think proper to make. I avail myself of this opportunity to inform you that the flag of truce, under the direction of Captain Brown, proceeded contrary to the orders and without the knowledge of Col. Ca<s. who commanded the troops which attacked your picket, near the River Canard Bridge. I likewise take this occasion to inform you that Cowie's house was set oil tire contrary to my orders, and it did not take place until after the evacuation of the Fort. From the best information I have been able to form on the subject, it was set on fire by some of the inhabitants on the ather side of the river. I am, very respectfully, your excellency's most obedient servant. (Signed) W. HULL, Brig. Gen. Commanding the IV. W. Army of the U. S. His excellency Maj. Gen. Brock, commanding his Britannic Majesty's forces, Sandwich, Upper Canada. (COPV) GENERAL ORDERS. Head-Quarters, at. Detroit, 16th August, 1812. It is with pain and anxiety that Brigadier General Hull announces to the north western army, that he has been compelled from a sense of du- ly to agree to the following articles of capitulation. ( 24 j Camp Detroit, August 16, Capitulation of surrendering Fort Detroit, entered into between Ma- jor General Brock, commanding his Britannic Majesty's forces of the one part, and Brigadier General Hull, commanding the north western army of the United States of the other part Article 1st. Fort Detroit, with all the troops, regulars as well as mi- litia, will be immediately surrendered to the British forces under thf command of Major General Brock, and will be considered prisoners of war, with the exception of sueh of the militia of the Michigan territory as have not joined the army. Article 2d. All public stores, arms and public documents, including every thing also of a public nature, will be immediately given up. Article lid. Private property and private persons of every description will be respected. Article 4th. His excellency, Brigadier General Hull, having erpress- eda desire that a detachment from the state of Ohio on its way to join his army, as well as one sent from fort Detroit under the command of Colonel M'Arthur, should be included in the above stipulation, it is ac- cordingly agreed to. It is however to be understood that such parts of the Ohio militia as have not joined the army, will be permitted to return home on condition that they will not serve during the war their arms, however, will be delivered up, if belonging to the public. Article th. The garrison will march out at the hour of 12 o'clock thi day, and the British forces take immediate possession of the fort. J. M'DOWEL, Lt. Col. Militia B. A. D. C. J. B. GREGG, Major A. D. C. APPROVED. WILLIAM H! T LL, Brig. Gen. Commanding the N. W. anm- JAMES MILLER, Lt. Col. 3th U. S. Infantry. E. BRUSH, Col. 1st. Reg. Michigan Militia. APPROVE*. ISAAC BROCK, Maj. Gen. The army at 12 o'clock this day will march out of the east gate, when they will stack their arms and will be then subject to the articles of capitulation. WM. HULL, Brig. Gen. Commanding JV. W. Army. [Capitulation hercnitk published.] An article supplementary to the articles of capitulation concluded at Detroit, 16th August, 1"12. It is agreed that the officers and soldiers of the Ohio militia and volunteers shall be permitted to proceed to their re- spective homes, on this condition, that they are not to serve during the present war, unless they are exchanged. (Signed) W. Hull. Brig. Gen. Commanding N. W. Army U. S ISAAC BROCK, Maj. Gen An artiele in addition to the supplementary article of the capitulation, concluded at Detroit, 16th August, 1812. It is further agreed that the officers and soldiers of the Michigan mi- Htia and volunteers, under the command of Major Wetherell, shall be ( 25 } placed on the same principles as the Ohio volunteers and militia arc phi- red l>v the supplementary article of the 16th instant. (Signed) W. Hl'I.L. Bri : r. Gen. Commanding TV. W.armv I !-.\ V BUOCK, Maj.Gen. LETTER OF COLO.XEL CASS. <if the Army late under the ciiinnuind J' liri^r ' H'/iiiam Hull, t/> (he Sccrclery of War. Washington, ^'c^ildiiln-.r ID, i;;i2. Sir Having been ordered on to this place by Col. 7vt' Arthur, for the purpose of communicating to tlic government, such particulars respect- ing the expedition lately commanded by Brigadier Gencml Hull, and its li^astcrous result, as might enable tin-incorrectly to appreciate the con- duct of the officers and men, and to develope the causes which produ- ced H> foul a stain upon the national character, I have the honour to sub- mit to your cousideration the following Statement : When liie forces landed in Canada, they landed with an ardent zeal and stimulated with th- hope of coiujiu >t. .\<i < n:-my appeared within view of us, and had an immediate vigorous attack been made upon .Mai- den, it would doubtless have fallen an easy victory. I know Gen. Hull afterwards declared lie re-rret ted this attack had not been made, and he had every reason to believe success would have crowned his cf- Ibrts. The reason givvn for delaying our operations, was to mount our heavy cannon and afibrd the Canadian militia time and opportunity to quit an obnoxious service. In the course of t\\o weeks, the number of their militia who were embodied had deceased by desertion from six hun- dred to one hundred men and, in Uie cour*f of three weeks, the can- non were mounted, the ammunition fixed, and every preparation made (bran immediate investment of the fort. At a council, at which were present all the field officers, and M Inch was held two days before our preparations wc.ro completed, it was unanimously agreed to make an immediate attempt to accomplish the object of the expedition. )f by waiting two day* we could have the service of our heavy artillery, it. was agreed to wait if not, it was determined to go without it and to attempt the place by storm. This opinion appeared to correspond with the views of the General, and the day was appointed for commencing our march. He declared to me, that lie con-id< -;vd himself pledged to lead the army to .Maiden. The ammunition was placed iu the waggons the cannon were embarked on board the floating batteries and every requisite article was prepared The spirit and zeal, the ardour and ani- mation displayed by the officers and men. on learning the near accom- plishment of their wishes, was a sure and sucr ;1 pledge that in the boor of trial they would not be want in.? in their duty to their country and themselves. But a change of measures, in opposition to the wishes mil opinions of all the ollicers. was adopted by the General. The plan of attacking Maiden was abandoned, and instead of acting offensively, we broke up our camp, evacuated Canada, and re-crossed the river in the night, without even the shadow of an enemy to injure us. We left, to the tender mercy of the enemy the miserable Canadians who had joined us, and the Protection we afforded them was but a pa=?port to vengeance. This fatal and unaccountable step dispirited the troops, and destroyed the little confidence which a series of limid, irresolute and measures had left in the commanding officer. ( 26 ) About the 10th of August, the enemy received a reinforcement of four hundred men. On the 12th, the commanding officers of three of the regiments (the fourth was absent) were informed through a me- dium which admitted of no doubt, that the general had stated, that a capitulation would be necessary. They on the same day addressed to Gov. Meigs of Ohio a letter, of which the following is an extract: " Believe all the bearer will tell you. Believe it, however it m;.y astonish you, as much as if told you by one of us. Even a c is talked of by the The bearer will fill the vacancy." The doubtful fate of this letter rendered it necessary to use circum- spection in its details, and therefore these blanks were left. The word " capitulation" will fill the first, and " commanding general" the ether. is no enemy was near us, and as the superiority of our force was mani- fest, we could see no necessity for capitulating, nor any propriety in alluding to it. We therefore determined in UK- la^t resort to incur the responsibility of divesting the general of his command. This plan was eventually prevented by two of the commanding officers of regiments be- ing ordered upon detachments. On the 13th, the British took a position opposite to Detroit, and began to throw tip works. During that and I he two following days, they pur- sued their object without interruption and established a battery tor two 18 pounders and an 8-inch howitzer About sunset on the evening 01 the 14th, a detachment of 350 men from the regiments commanded by Col. M'Arthur and myself, was ordered to march to the river llai-in to es- cort the provisions, which had some time remained there protected by a party under the command of Capt. Brush. On Saturday, the 15th about one o'clock, a flag of truce arrived from Sandwich, bearing a summons tVom (Jen. Brock, for the surrender of the town and fort of Detroit, stating, he could no longer restrain the fury ot the savages. To this an immediate and spirited refusal was returned. About four o'clock, their batteries began to play upon the town. The fire was returned and continued withotitintc-rruption and with little effect till dark. Their shells were thrown till eleven o'clock. At day light, the firing on both sides rc-rornincnceil about the same time the enemy began to land troops, at the springwlls, three miles below Detroit, protected by two of their armed vessels Between 6 and 7 o'clock, they had effected their landing and immediately took up their line of march They moved in a close column of platoons, twelve in front upon the bank of the river. The fourth regiment was stationed in the fort the Ohio volunteers and a part of the Michigan militia, behind some pickets, in a situation In which the whole flank of the envmy would have been exposed. The residue of the Michigan militia were in the upper part of the town to re- sist the incursions of the savages. Two 21-pounders loaded with grape- shot were posted upon a commanding eminence, ready to sweep the advancing column. In this situation, the superiority of our position was apparent, and our troops in the eager expectation of victory, await- d the approach of the enemy Not a sigh of discontent broke upon the.- rar; not a look of cowardice met the eye. Every man expected a proud day for his country, and earh was anxious that his individual ex- ertion should contribute to the general result. When the head of their column arrived within about five hundred yards of our line, orders were received from General Hull for the whole to retreat to the Fort, and the twenty-four pounders not to open upon the enemy. One universal burst of indignation was apparent upon the { 27 ) receipt of this order. Those whose conviction was the deliberate re- suit of a dispassionate examination of pa sin^ events, saw the follv and impropriety o; crowding; 1100 men into a little work which 300 could fully man, and into which the shot ami shells of the enemy were failing. The Fort was in this manner fitted : the' men were directed to stack their arms, and scarcely was an opportunity afforded of mov- ingShortly after a white fla^ was hung out upon the walls. A British officer rode up to enquire the cause. A communication passed between the commanding generals, which rnded in the capitulation submitted to you. In entering into this capitulation the general tdok counsel from his own feelings only. Not an officer was consulted. Not one anticipated a surrender, till he saw the white flag displayed, even the women were indignant at so shameful a degradation of the Ameri- can character ; and ail bit as they should have felt, but he who held in his hands the reigns of authority. Our morning report had that morning made our effective men pre- sent fit for duty 10GO, without including the detachment before allu- ded to, and without including 300 of the Michigan militia on duty. A- bout dark on Saturday evening the detachment sent to escort the pro- visions received orders from Gen. Hull to return with as much expe- dition as possible. About 10 o'clock the next day they arrived within sight of Detroit. Had a firing been heard or any resistance visible, thej would have advanced and attacked the rear of the enemy. The situation, in which this detachment was placed, although the result o,t' accident, was the best for annoying the enemy and cutting off his re- treat that could have been selected. With his raw troops enclosed be- tween two fires and no hopes of succour, it is hazarding little to sav, that very few would have escaped. I have been informed by Col. Kiudley, who saw the return of their quarter-masUT-general the day after the surrender, that their whole force of every description, white red and black, was 1030. They had twenty nine platoons, twelve in a platoon, of men dressed in uniform. Many of those were evidently Canadian militia. The rest of their mili- tia increased their white force to about seven hundred men. The number of their Indians could not be ascertained with any degree of precision ; not many were visible. And in the event of an attack upoa the town and fort, it was a species of force which could have afforded no material advantage to the enemy. In endeavouring to appreciate the motives and to investigate the causes, which led to an event so unexpected and dishonourable, it is impossible to find any solution in the relative strength of the contending parties, or in the measures of resistance in our power. That we were" far superior to the enemy ; that upon any ordinary principles of calcu- lation we would have defeated them, the wounded and indignant feel- ings of every man there will testify. A few days before the surrender, I was informed by Gen. Hull, we bad 400 rounds of 24 pound shot fixed and about 100,000 cartridges made. We surrendered with the fort 50 barrels of powder and 2500 stand of arms. The state of our provisions has not been generally understood. On the day of surrender we had 15 days of provision of every kind on hand. Of meat there was plenty in the country, and arrangements had been made for purchasing and grinding the flour. It was calculated we could readily procure three months' provisions, independent of ISO barrels ef flour, 1300 head of cattle which had been forwarded from the state o*" ( 28 ) Ohio, and which remained at the Kivcr Raisin under Capt. Brush, with- in reach of the army. But had we been tohilly destitute of provisions, our duty and our in- terest was undoubtedly to light. The enemy invited us to meet him in the field. By defeating him the whole country would have been open to us, and the object of our expedition gloriously and successfully obtained. If we had been defeated we had nothing to do bill to retreat to the fort, and make the host defence circumstances and our situation ren- lered practicable. But basely to surrender without firing a gun tamely to submit without raising a bayonet disgracefully to pass in review before an enemy as inferior in the quality as in the number of his forces, were circumstances, which excited feelings of indignation more easily felt than described. To see the whole of our men flushed with the hope of victory, caserly awaiting the approaching contest, to see them afterwards dispirited, hopeless desponding, at least 500 shedding tears because they were not allowed to meet their country's iocs, and to h'ght their country's battles, excited sensations which no American has ever before had cause to feel, and which 1 trust in (iod will never again be felt, while one man re- mains to defend the standard of the 1 Tnion. I am expressly authorized to state, that Colonels .M'Arthur and rind- ley, and Lieutenant Colonel .Miller viewed the transaction in the light which I do. They km:\v and I feel, that no circumstance in our situa- tion, none in that of the enemy, can excuse a capitulation so dishonour- able and unjustifiable. This too is the universal sentiment among the troops; and I shall be surprised to learn, that there is one man, who thinks it was necessary to sheath his sword, or lay down his musket. I was informed by General If nil, the morning alter the capitulation, that the British forces consisted of 1800 regulars, and that lie sur- ' rendered to prevent the effusion of human blood. That he magnified the regular force nearly five fold, there can be no doubt Whether the philanthropic reason assigned by him is a sufficient justification for sur- rendering a fortified town, an army and a territory, is for the govern- ment to determine. Confident I am. that had the courage and conduct of the general been equal to the spirit and zeal of the troops, the event would have been as brilliant and successful as it now is disasterons and dishonourable. V'.-iy respectfully, Sir, &c. I..KWIS CASS, Col. 3d Regiment Ohio I'd. Hon. William Eusti?, Secretary of War. Albany, February 23, 1814. UKAR Sjrv, I write you at the instance of the court convened here, for the trial of tien. Hull, to obtain your advice as to some points arising from the pre- sent and probably future state of the court, as to the number of iUr members. The court, when organized, consisted of 11 members, viz. 13 sitting members and one supernumerary, (< 'olonel Forbes.) After the cause on the part of the Vnited States was rested, the court adjourned for eight days, to give the general time to arrange his defence ; in the interim, Bogardus, who had returned to New-York, met. with a very >t - riotis private misfortune, in I hi' loss of one ofliis children by accident; which lias hitherto prevented his return to this place, (icncrals Ih-ar- l.ora and Bloomfield, and Colonel Fenwick became severely indisposed. but have so far recovered ;is to meet yesterday, but Colonel fiogardus being absent, the abilities of the gentlemen who, had been sick, to at- tend, being of doubtful continnaiK-e, v. as thought ad viseable to adjourn until Colonel Bogardus's return, \\hohad been wrote to. Thus situated, it would be agreeable to the court to be advised from the war department. 1st. Whether a member who lias been absent during any material part of the trial, can take his scat again after it has been filled by the supernumerary. Jd. How many are necessary to a ballot conviction, organized as the court was originally, 13. .'Jd. What could be the most adviscable course for the court to pursue -hould their number be reduced to 12 or less. 1th. Will it be necessary for the court to remain here until their pro- ceedings shall have been submitted to the President of the L'nited States? With great respect, sir, your humble servant. (Signed.) ' AIAKTIX VAX JiKUREX. The Hon.. John Armstrong, Secretary of War. J, J"narch7lh, lf!14. SIB, Your letter of the 23d ult. has been received, and I hasten to an- =wer your four questions. 1st. A member who has been absent, may take his seat after such absence ; but if the supernumerary, supplying his place, should have been present during tlic whole time, so far as it has gone, and can continue bis attendance on it, he may be preferred. 2d. A mere majority of the court may convict of any degree of crime, but two thirds of the court are necessary to pass a sentence of death. .'id. Xew members may be added to keep up the original number of court (this is military usa^e) the' proceeding ;is recorded being read to them. See (Jem-nil Hobcrt Howe's trial during the war of the revolution, and General Whitlock's in Kngland, ^c. 1th. When the proceedings of the court are closed and reported, the court may be dissolved by the president. I am, sir, yours respectfully, (^'ig"ed.) JOHN ARMSTRONG. P. S. In case an absent member returns and resumes his seat, the proceedings, which have been had in his absence, must be read to him. Hon. .Mr. Van Urnren, acting special judge advocate.