Glass ___E_3^S5^ Rnok • '^^^ oLa (J\j \ \ / A. REFUTATION OF CHARGES EXHIBtTKD BY 4" SUNDRY OFFICERS OF THE LATE UNITED STATES' REGIMENT OF LIGHT DRdGOOJVS, AGAIMsT BREVET LT. COL. JAMES V. BALL, OF THE SAME REGIMENT. WITH REMARKS UPON THE MOTIVES OF HIS ACCUSERS, AND THL^ NATURE OF THE CHARGES AND THE EVIDENCE, WITH VARIOUS REFERENCES, AND THE OPINION OF THE COURT APPOINTED TO ENQUIRE INTO THE SAID CHARGES. WIA'^CHESTER : JOHN HElSKZLlf PaiNTESi, « £35"? REFUTATION OF CHARGES, &6, IN laying before tbe public the following statements, so far as respects u.yself, I could bave been content to remain silent ; satisfied in having defeated the machinations of my enemies, and feeling assured that the consequent mortification under defeat, needs not the circumstance of greater publicity to add to its poignancy : but conceiving that the public have a right, and that it is especially theduty of public funelionaries, to become ac- quainted with the manner in which the Officers of the Army have discharged their tra8t;>— that the community has an interest also in the reputation of its servants, which, when assailed by false aspersions and malignant accusations, it is the duty of th(& accused to vindicate before their tribunal, 1 am induced to give the proceedings of the Cgu;' appoiuted to enquire into various charges against me the utmost publicity. On the 15th of De- cember 1814, after the most cordial expressions of esteem to- wards me, Capt. Samuel G. Hoj kins set out for Washington oh fuilough, and was the bearer of the following Memorial. V* The honorable the Secretary of War. "SIR, Having entereJ the corps nf Dragoons from a prefef- CBce to that sptcies of service, frequently wiMiesfcii'g tLe abuses to which it has been subject, and the immense waste of public property incident thereon, we have deemed it a duty both to ourselves and counti-y, fairly (o rf present nur situation to ynur department, with a full confidence that whatever may seem rea- sonable in our complaint, will be attended to, while the pledges of our words of houor, that we are actuated by no such feelings will shield us from the imputation of private hostility, or the charge of insubordination. To produce a change in onr present situation and prospects; t« alleviate the miseries of the one and heighten the hue of the other, W8 deem it essential, not only to our efficiency, but exist- ence fls a cnrps. We will attempt to lay these fully before you, and most be permitted to go back as far as the first day of August, when the two troops under the command of Captains Hopkins and Hall, were consolidated into a squadron, and arranged to the command of Brevet Lt. Col. Ball. At tkat period these troops were well supplied with every thing essential to the seryice, and wanted nothing but the knowledge of drill duties to be com- petent to contend with the enemy under any equal circumstan- ces. This our commanding officer assured us should be in our possession imme-Hately, declaring, in future, the rights of the Corps should he respected, and the abuses, hitherto imposed up- on it, corrected. What was our amazement, when upon experi- ment, we ascertained ho was utterly incompetent to command, that lie was wholy deficient, as well in the knowledge of drill, as the most ordinary duties of our Corps, and permitted, from ig- norance or a »»'ant of energy to prevent it, every incroachment upon the rights of an infraction of the laws, in relation t& the corps which have hitherto been practised with such glaring im- punity and injury to the service;— suffering statFofficers to detail at pleasure the men and horses, converting them into their own personal attendants and private uses, thus damping the prido the men would otherwise feel in their profession, and by divest- it of a part of the means famished it by Government for a dif- ferent purpose, destroying the phjxical strength of the corps; these and many other such grievances liave we suffered. This campaign having at length terminated, we expected to have been ordered into the interior, to a depot for the purpose of re- cruiting our men and horses, and preparing by regular drill for that of the next year; in this expectation we have also been dis- appointed. After a detention of some weeks at Buffalo and its vicinity, iluring wh".ch time our horses were destitute of a covering, and starving for the want of forage, and oar men almost naked, and not suppliod with a surticiency of tents, we are ordered to pro- ceed to the Genessee River, there in the midst of the '^ools, con- venient to no earthly comfort, to erect Stables and Barracks for the winter. How competent a corps of Dragoons, whose men are worn out with the exposure of a campaign, and horses re- duced t© the last extreme of povprty and requiring all their at- tention, are, to such an llerculian undertaking.you will presume at the slightest glance. As it regards us, the duty is more severe, from the very par tial supply of tools, plauk, or the materials «f any kind with 5: which we have been furnished, nor e?n we expect to complete (he work until Ihewititershall have almost closed. Had we been ordered to Greetibush or Carlisle, where are both stables and barracks unoccupied, both onr men and horses would now have been comfortable, instead of being destroyed by exposure and useless fatigues. We should have been engaged in drilling and disciplining our corps, have saved the government an immense expence in procuring building materials, (which hereafter must be useless.) procured forage as cheap, end more regularly, than at this j)lace, and have been able to commence the next caui- paiscn under the most auspicious circumstances; nor is it now too late ; — from lliis place to Albany is less than two hundred miies, and (o Carlisle two hundred and thirty miles. 0«r petition is, that you will order us to one of the above places, for the purpose above expressed, from whence a'O shall be in the spring more convenient to any threatened point, except the Nia- gara frontier, (where,from the situation of the country oar corps never can act) by several hundred miies than at this place. From w!»at we have said above, you must perceive we have lost all confidence ia lA. Col. Ball: that he has heretofore, by specious plausibility, succeeded in hoodwinking his commanding officer, and thereby obtdiuinga reputation to which his merits never entitled him, are facts which every days experience abun- dantly prove. But pledging ourselves to establish, before any competent tribunal, what we have asserted, we could not have said less of him and satisfied our own conscience s ; — that it is with the greatest injury to the service, and the severest mortification to oar individual feelings, we are now compelled to take hih or- ders, we are constrained to acknowledge. The sooner we are relieved from a situation fraught with such unpleasant circumstances, equally deliterious to our owa and country's interest, the more grateful would we be for your interposition; which we earnestly request may be extended to us. We have the honor to subscribe ourselves, most respect- fully, your obedient servants, S. G. HOPKINS, Capt. U. S. Light Dragoons, HENRY HALL, Capt. U, S. Light Dragoons. Lieut, GEORGE WATTS, U. S, Lis:ht Dragoons, iiewf. CLINTON WRIGHT. U. S. Light Dragoons, Lieut, PHILIP ANSPACH, A 2 U, S. Light Dragoons, Viewing Capt. Hopkins in that friendlj light which his coa- itant professions had induced me to do, I continued to write to liini agreeably to his request at parting, until about the 6th of February follo'ving, when 1 received information from a friend, who had been at Washington, that attempts were making to in- jure me with the government, and that my own Officers, then at the City, were the principal actors in the plot. On the 8th of February I addressed a letter to Col, Monroe, from which the following arc extracts. " Dragoon Cantonment, Avon, N. York, 9th February, 1815. <«S1R, ^5 I have just received information that some of my of- "fieera have made representations and statements to you, deroga- tory to my military character. The very grounds upon which they complain of me (for no other can they possibly have, than my undeviating efforts to reduce my command to discipline and system, and to establish in it that routine of duties, best calcu- lated to render it respectable in itself, and honourable to its country,) marks iheir character. My orders requiring no more of them than proper attention to their duty, they have distorted into an assumption of power, an improper interfer- ence with their commands, and the imposition of Sergeant's duty on them. This duty is no other, than that of attending re- gularly at stable hours, to see that their horses are fairly dealt by, and that their men are expert, and properly instructed in grooming them ; and this duty I assure you, was required of e- very Dragoon officer of the army in which I formerly served,— It is alsa the case in the French service. " The horses are to be f'^d at fixed hours, in presence of the officers on duty, and the Colonels and Captains must give all their attention to the carre of their horses,'' And after showing that I required oo more of my officers, than the duties periormed by those of the Revo- lution, 1 proceed, " and yet all their grievances are to be trac- ed to this enormous demand, of proper atleutiau to that import- ant part of their commands ; — although 1 impose precisely the same duty upon myself, and never f*iil to p.aforsn it. Cm it, Sir, be rationally believed, that I would augaeut my o\tn la- bours for the purpose of imposing unnecessary duticK on my of- ficers? Or how can my intention to degrni'e Ihenj. bi inferred from the exaction of duties tu which I pitiiicipatf?" Again, ** If 1 am supported, 1 pledge myself ta convert this carps into a subordinate, disciplined, and trained corpij of Dragoon::, with- •ui loosing siglit of the rights of an iadividual, or the laws of my country." — \_8ee appendix, (A) Ou the 16th I received the original memorial, and the fol- lowing statement, which was evidently fabricated to supply the deficiency of weight in the memorial, and induce the Secretary of War to act upon it on his owb responsibility, " Washington, June 12, 1815. In addition to the facts we have set forth in our memo- rial from Avon, New-York, we beg leave to observe, thai when we left camp on the 15tl» Dec. the hulls and stables were in a situation not to be finished in six weeks to come, Lieut. Col. Ball's quarters excepted, which would be ready for his recep- tion in a few days; having almost exclusively employed our Carpenters for his own personal use; — and when from the Roster, the best men were not designated for his fatigue party, he would arbitrarily violate the order of detail as prescribed by the War Department, and cause his sergeant major to select from the se- veral troops, such men as he chose, without regard to former tours of duly, or the suffering which, the show every moment ad- monished us, the troops were encountering for want of shelter. In answer to the frequent (almost daily) complaints, we made against the Quarter-Master's and Contractor's depart- mentSjfor the deficiency and quality of the rations, of both forag® and provisions, there was no remedy or interposition in our be- half. After being more than a month at our present encampment, the men were not able to procure a sutheiency of soap to wash the clothing of a single squad, and were literally weltering in vermin and filth; — of this capt. Hopkins frequently apprised Lt. Col, Ball to no purpose. In addition to these hardships, we iiust be permitted to add, that the systematic cruelty which Lieut. Col. Ball is in the habit of practising upon the soldiery; his unfeeling apathy towards their complaints, and utter disregard to military usage in their punishments, tend to destroy every thing like that self respect, pride, and enthusiasm, so necessary to the usefulness and etfieieaey of the soldier. To specify more particularly his conduct under this head, permit us to state, that frequent instances have occurred, where uon-conimiisioued ollieers liavebeen tried by Courts Martijil, in eouformity to his orders, anil the proeedings of the Court aa- I 3 compaiiieil by the evidence on whicli their opinion was fonndedj were presented to him, and although \rs r&mained eight and forty hours on that encamping ground, and the men were confi- Bed to a guard tire, \>ithout even a tent to cover them, notwith- standing several applications were made by capt.Hall, to whose troop those non-commissioned officers were attached, for a pro- mulgation of the sentence of tl..^ Court, cUr chief still persisted in continuing their continement, and marched them two day& under guard, and after his arrival at Fort Erie, gave an order that the prisoners in confinement should be released^ without either approving or disapproving the sentence of the court, thereby wresting from the soldiery a right of trial, and usurping to himself the right to furnish at discretion, contrary to the judgment of the court, before whom the case M'as investigated. Again.; he attached to his immediate command at Lake George, a detachment of dismounted Dragoons, commanded by Lieut. Wright, the aggregate of which we believe to have been aboui eighty present, and not one sick; that he in the most unprece- dented and inhuman manner compelled them to march in front of the squadron, (at the regular gate of mounted troops,) keep" ing within a few feet of their rear, thereby compelling them to continue their stages, until the Dragoons stopped to feed and re- fresh their horses; and not permitting them (is conformity to the regulations of a dismounted corps on a march) to stop for the highly necessary purpose of watering and refreshing the men. This treatment in a very fesv days, aided by the heat and the copious draughts of water taken when permitted to go to it, occasioned a severe diarrhoeain many of the men, the nature of which disease would be sufficient to convince any person ac- quainted with it, that iren labouring under its pernicious effects would be considered incompetent to perform a march of any kind without reducing them to sucha state of debility as would render them inefficient in the campaign, which was then about to commence. Ib addition to which cruelty, he imposed oa them the guard duty of the whole corps, keepiig so extensive a camp guard, as to render it impracticable for the officer commanding, to make three reliefs of them, which Me believe is the regsiiar routine of duty in garrisons, and much loss on common marches, and this too in the interior of our own country, wlien we were not within t\'« liundred miles of any hostile armed farce. In addition to the above facts, permit us to subjoin, that, contrary to the known regulations of the army, he has usurped the ri^ht to select the best horses from the troop ol Capt. Hop- kins for hig own private Dies, vhich in one instance terminated in the loss of the horse to the government ;— and, Sir, we re- gret being conBtraiaed '.o observe, in farther elucidation of his conduct since he assumed the command of the squadron to which we were attached, that he aetually sold to Lieut, Col. Appling, Ist Rifle Regiment, a public horse, which he, contrnry to the established usage of the corps, had selected far his own purpose, without accounting to the government for the same. S. G. HOPKINS, Capt. U. S. Light Dragoons* CLINTON WRIGHT, Lieut. U. S. Light Dragoons. Immediately after the receipt of these papers, which were forwarded through the Adjutant and Inspector General's Office, and endorsed " Fovvarded to Lt, Col. Ball, to give him un opportunity to ask for a Court of Inquiry if he wishes itj'^ I addressed a note to Col. Pierce, the then eommandiag officer of the division, to which I was attached, and received through hia acting Adjutant and Inspector General, the following aa- awer. "Adjutant Oeneral's OfTice, Buffalo, February 19, 1815. «' Dbar Sir. *' Colonel Pierce declines acting upon your applica- tion for a Court of Enquiry, f«r two reasons; — first, he doubts his authority to order oue» and secondly there are not a suffici- ent number of officers (of the proper character) to constitute the Court at this place^ I am not surprised to hear that your officers have complain- ed of you. From what 1 have seen and heard of some of them, I believe that they are capable of doing any thing which geatie- meut should not do. Believe me your friend, and obedient servant. J. SJSELLING.'^ " Lieut. Col. Bali., Light Dragoons'* On the 19th, I addressed te the Adjutant and Inspecttr General the following note. "a 10 *' Dragoon Cantonment, Avon, N. Y. 19th Feb. 1815. <■' SIR, " I received your inclosure, post-marked the 30th ulti- mo, oD the l6th inst* and as cul.Pieree is at preseatin command of the Division in the absence of Gen. Izard, I immediately ap- plied to him for a Court of Enquiry. I beg that any unfavora- ble impressions which may have been excited against me, may he suspended until after the Court. I have the honor to be, very respectfully, your obedient servant, JAMES V. BALL, Lt, Colonel.*;^ " Adjutant and Inspector General. D. Parker, Washington City.** On the 2Sd I addressed Gen» Izard on the subject, and re- ceived the foUd'iUQg answer. " Philadelphia, March 4th, 181d, Lieut. Col. Bail^ Dear Sir, " I received yesterday yoar letter of the 32d ult,— The one you addressed to me at Washington has not come to band; I wrote by this day's post to have it forwarded to me. The charges you mention as adduced against you, ought to give you bo uneasiness. If you have not yet sent a copy of them to me, [ wish yau would do so as soon as possible. The state of the squadron under your command has been represented to the Secretary at War, and will be'iuvestigated by the proper De- paitmeut, as soon as the present press of business shall allow time to attend to it. 1 am with esteem and regard, Dear Sir, your obedient servant. GEO. IZARD." On the 27th I wrote again to tke Adjutant and Inspecter General, as follows : " Dragoon Cantonment, Avon, N. 1.27th, Feb. 1815. KIR, Since I did myself the honor of addressing you, I have r'^ceived an answer from the acting Adjutant and luspeetor 3 11 3eneral^ Colonel Snelling, in which he states that Col. Fierce, for two reasons, viz. doubting bis power, and secondly, the want ©f officers, declines ordering the Court of Enquiry, solicited by me. I immediately wrote to maj. gen. Izard, and directed to Philadelphia, (as I had been instructed by him to do,) begging the indulgence of an investigatioaas soon as the impediments to it can be removed. If this application fails, I beg, sir, that through the medium of your interfereoce, I may be indulged with an opportunity before a Court of Enquiry of experienced Ojfficers, to prove that the charges exhibited against me ara false; which I pledge my life, and every thing dear to me is a fact. HaviBg it completely ia my power, »vhen ever this oppor- tunity is afforded me, to shew that there is not even the sem- blance of truth ia either of them, tha motives, with which tha sharges were laid before the Secretary of War, will be evident^. I have the hodor to be, respectfully, Your most obedient servant, JAMES V. BALL/' Maj. L, D. ^'Lt. Col, U. S. Army** To the above I received bo aoswer. On the «3th of March I repeated my application to Gen. Izard, aod reeeived tbs fol- lowing answer : " Philadelphia, April, 8th, 1815. «.« Lt. CoL J, r. Ball, U. all, was not in front during the charge ; and that h© the Siiid lieut. col. Bali did not come further than the spot where the first Indian fell, until after the skirmish had ceased ; and had no agency in conducting the charge ;--lha8 inducing Major General Harrison to make a partial and false represen- tation of the skirmish to the War Deparment, whereby mani- fest injustice A'as done to the officer* and soldiers concerned ia it. *' Specification 2nd — For that, on or about the I2th of De- cember 1814, h» (the said Lieut. C(jl. Ball) at Avon in lb© 17 State of New Vork, did cause his Sergeant Major, after reeei?- iog the number of men required by his order for a fatigue party, for his (the said Lieut. Col. Ball's personal use, agreeable to the Roster of the respective Troops, to dismiss them and ira-^ mediately select the best men and mechanics to work upon his (the said liieut. Col. Balls) own building in the cantonment, at the place aforesaid, thereby wresting from the respective Troops, the known and established usage of making details, a- greeably to their Roster, and placing the same in the hands of the Sergeant Major, contrary to the arder of detail prescribed by the War Department, without regard to former tours of duty, or the sufferings of the almost naked soldiery, whom the continual snow every moment admonished hin: required imme- diate and comfortable shelters. " Specification Srd — For that, from the commencement of the building of the cantonment at Avon New York, in thfc month of November 1814, to its completion, in the last of January 1815, he (the said Lieut. Col, Ball) did utterly neglect or cause an Hospital, or other place, to be erected, for the accommodation of the sick, and the Hospital which was ullimately erected was not finished until some time after the completion of the Stables? and Huts, and long after the (said Lieut. Col. Ball) had been comfortably situated in his most spacious and numerous apart- ments ; thereby subjecting the sick to the wat^t of shelter through two of the most inclement months in the winter, to the immin- ent hazard of their lives, and contrary to the positive orders of the Secretary ot War, injoining upon all commanding Offieeis to make the care of the sick the first and most important duty. " Speci-fication 4th — In treating the Officers of the Squadron under his (the said Lt. Col. Ball's) command between the 8th of November, 1814, and the SOth of April 181« in a contemp- tuous and uHoffieerlike manner, thereby tending to lower their estimation and authority in the opinion of the Soldiery, "whereby insubordination must necessarily result. Specification 5th— On the 6th of January 1815, in treating three commissioned Officers, and a sword Master, belonging to a Squadron under his (the said It. col. Ball's) cotnniand, in an ungentlemanly manner, when the said Officers were unfortunate- ly engaged in a dispute with some citizens of Seneca, Ontario County and State of New York; in publicly declaring to the ci- tizens, that he cared nothing about the Officers j that if they got into difficulty they might get out the best way they could. Thereby evincing a contemptuous proceeding towards the said Officers (then in the custody of the civil authority) to whose faces he (he the said lieut. col. Ball) professed every degree of B 2 18 friendship ; which character is unbecoming an officer or a gee^ tleman. Specification Gth — That between the 6th of January and th© jij 2l8t of February 1815, the said officers (lieut. Anspach except- 1! ed) procured bail frotu confinement, on their own responsibility, and returned to duty ; when they arrived at the Dragoon Caa- tonement at Avon, lieut. col. Ball confined them to the camp, and thereby precluded them of the privilege of obtaining the necessary witnesses, for their approaching trial, putting them to, serious inconveniences and subjecting them to heavy penal- tics, which proceeding evidenced a disposition to harrass the offi- cers, evidently for the purpose of gaining, at their expence, self popularity amongst the citizens; such conduct, and parti- cularly in a commanding officer, being unbecoming an officer or a gentleman. Specification Vth — For that »n or about the — day of Oc- tober 1814?, he (the said lieut. col. Ball) did act in a most unof- ficer.like, if not cowardly, manner, while the squadron nnder his oommand were crossing the Niagara river ; in this, that {he the said lieut, col. Ball) upon ascertaining that a party of the enemy had come within view of the squadron aforesaid, and had reeon noitered tha position of the same, did precipitately abandon his command, and put himself into a boat and betook himself to the opposite (to wit the American) side of the said river, leaving two thirds of the men and horses, and all the waggons of the said squadron exposed to an attack without giving instructions or orders of any kind to the senior officer left with the said squadron, who did not succeed in crossing the said river until 12 o'clock at night, and in consequence of the violence of the rain and storm, and the extreme darkness of the night, was np- on his own responsibility compelled to prevent the farther at- tempts to cross the said river and send the remainder of ths said horses and men back to Fort Erie for protection. " Specification 8th — In not supporting the officers of the squadron under his, the said Lieut. Col Balls, command in the execution of their duty, by encouraging the soldiers to report their officers to him (the said Lieut. Col. Bail) on every frivo- lous pretext, and on the 39th March, at the cantonment Avon New York, when Cornet John Caldwell arrested Sergeant Whitaker of Ci plain Halls Troop, on a charge of disobedienco of orders, and indolent, and disrespectful behaviour to the said eornet C;ilihvp|l, he the said lieut. col. Ball, released the said gerjeant VVhiuiC^ r, notwithstanding a Court Martial was at that very tiiao as^ uaibled before whom the case could have been i:i?Mligateil; sush conduct beiag unmilitary, and directly tend- 1» iug ta promote a spirit of disobedience and contempt of author^ itj, and to destroy subordination and discipline. " SpeciUcation 9th — In tbis> — tbat, on or about the 24tli of Ja- nuary ±815f he the said lieut. col. Ball, did compel the black- smith of capt. Hall's troop, together with a private, as his as- sistant, to perform daily fatigue at a shop in the neighborhood of the Cantonment, over and above the duties required by the said troop, for a considerable length of time, and when remon- strated to by capt. Hall, against the injustice of an order which virtually compelled these men to do the work of the ether troops, to wit those of capt. Hopkins and Harris, (both of which were supplied with blacksmiths who, were ready and competent to do their work,} not taking any notice of the said remonstrance, but arbitrarily persisting in continuing the said blacksmiths at hard labour to the injury of the services and the manifest injus- tice of the individuals thus ordered. " Specification, iOth In this that he (the said lieut. coL Ball) utterly disregarding the known military principle of causing details for service, to come through the channels of the officers commanding troops, has, between the tSth of December and 30th of April 1815, repeatedly ordered men himself, or caused his orderly sergeant or sergeant major to order the pri- vates of troops upon duty, without ever deigning to inform th© officers commanding said troops that such men had been so or- dered. ** Charge Sd. — I nhumanity and cruelty to the soldiery. " Specification, tst. — For that on or about the — day of Octo- ber 1813, causing the troop under the command of capt. Hop- kins to march from Buffaloe N, Y. en foot to Fort George in the province of Upper Canada, a distance of upwards of thirty miles, notwithstanding it was made known to him the said lieut. col. Ball, that a number of the men were without shoes, and the whole were thinly clad, having been compelled to leave their baggage four weeks before, on an island in Lake Erie, from whence they never received it, there being at the same time a sufficiency of boats to transport the troops aforesaid, and iha whether being bath cold and inclement, in consequence of which severe treatment and exposure, several of the said men died after their arrival at Fort George, and a great number were made sick and afterwards became prisoners at the surren- der of Fort Niagara. " Specification 2d For that on or about the first week in September 1814- he the said lieut. col. Ball, being on the march from Chazy in the state of New-York to Buftaloe, and having attached tu his comiu^md a detachment of dismounted dragoons, *>*■. 'X 2@ tommawied by lieuts. Wright and Elbert, the aggre-^ate of which detaehment amounted, when they commenced their^march 1(1 about eighty in number, ail piresent, and not one siekj that he* the said lieut. col. Ball, did in the most unprecedented manner •ompel the said dismounted detachment to march in front of the mounted squadron, at the ordinary gate of horsemen, starting on or about the same time, and the front of the said mounted squadron keeping within a few feet of the rear of the said dismounted de- tachment, permitting the said dismounted men to have no inter- mission or rest, until the regular feeding hours of the horsemea arrived, without ever suffering them to stop to procure water or other refreshments or gratify the ordinary calis of nature. The large draughts of water, taken in consequence of long privation and excessive fatigue, when it could be obtained, — added to the intense heat of the season, oeeasioned a severe diarrhoea in th* men which caused many of them to be so debilitated as to be utterly unfit for the service of the campaign, if not for ever ruined in their constitutions. To which inhumanity towards the said dismounted detaehment, he superadd «d the duty of the wh^le camp guard of the squadron, keeping up such a number of sentinels as to render it impracticable for the officer com- manding to foim three reliefs, Isss than the regular rotine in gar- risons ; — and this too in the interior of their own country. *' Specification 3i — For that «n or about the day of October 1814, at Batavia in the state of New-York, he, the said lieut. eol. Ball did order sergeant Lueadoa, coporal Wade, and two privates into confinement who were immediately, by his the said lieut. col. Balls order, tried by a court martial on charges pre- fered against them, and the decision of the court together with the record of the testimony on which it was formed, were regu- larly laid before him, the said lieut. eol. Ball, for his sanction which, instead of granting, notwithstanding the whole of th© ac- cused were honorably acquitted, he the said lieut. col. ^J»H, per- sisted in keeping the said sergeant Lucadoe, Corporal Wade and the two privates confined to a guard-fire, without a tent to cover them, although the weather was exceedingly inclement, and the squadron remained two days thereafter upon that encamping ground, and several applications were made by Gapt. Hall to whose troop the non-commissioned officer* and men belonged, for a promulgation of the sentence of the court martial, he the said lieut. col. Ball, still persisted in continuing their confine- ment, and caused there to march two days undbr guard and not until after the arrival of the squadron at Fort-Erie in Upper Canada, did he cause them to be enlarged, and then without ei- ther approving the sentence of the court or making known the same either to the prisoners or the squadron, thereby wresting n from the soldiery the ri^ht of trial, g'Jarfantefd by the lawfp usurping to hi nself the priviledge of puriishirtg, at discretion* non-commissioned officers and jnen under his fho said lieut. col. Ballf coraraand, and this too contrary to the judgmeni of a court Hiartial before vvh im the case had been mifurely investigated. « Specification ^tk — For that, on or about the day of Janu- ary 1815, in the eaiitonwaent at Avon, in the state of INevv York, he (the said lieut. col. Ball) did confine sergeant Ebenezer Janes of capt. H'>pkiD8'' troop of light dragoons, to the black hole, for eight days and nights, without having filed a eharge a- gainst him, the said sergeant Jodps, with orders to the non com- missioned oSicers commanding the guard, not to permit the said sergeant Jones to receive any comfort whatever, his rations ex- cepted, or to have the priviledge of even speaking to or con- verbing with any person, and then did finally discharge the said sergeant Jones from the said confinement, without bringing him before a Court Martial, or even deigning to state upon what grounds he the said sergeant Jones had thus been so severely and cruelly punished. <' Specification 5th — In not permitting the men under his, the said lieuf. col. Ball's command, to have a single day of rest, or to wash their clothes and make thenigelves clean, from the 15lh of November 1814, until the 25th January, 1813, with the ex- ception of one day at Christmas, keeping them (the men com. posing his command) the whole of that period upon hard labour, every individiial, the sick only excepted, being upon duty, not- withstanding i* was made known to him that their clothes were rotten with filth, and their bodies covered with vermin. '* Charge ith — Neglect of duty, *' Specification tst — That from the 8th of November 1814, until the 30th of April 1815, he, lieut. col. Ball, never made his appearance on the parade, thereby exhibiting to (he officers and men under bis, the said lieut. col. Ball'?, command, an example ©f idleness and inatt«ntion, prejudicial to the public servicCj and contrary to the rules and articles of war. " Specification 2nd —In neglecting to drill his, the said lieiit, col. Balls, squadron from the 8th November 18 I4f until the 30th April 1S1L5, thereby evincing eilh?r a want of capacity, or a want of zeal for the public service, highly injurious to the credit of the squadron— >uader his, the said lieut col. Balls, com- naand and to the service. " Specification Brd — In allowing the squadron under his (the said lieut. col. Ball's) command, between the 8th of November ,1814 and the SOth April 1815, to suffer extreme hardships and incouvenience by not permitting a requisition to be forwarded for the aeeeesary artielei of slothiag, eamp equipage an4 Caval- 2$ ry equipments, absolutely necessary, nbtwithstandiQg being re- peatedly requested so to do, by the Regiwianial Quarter Master. ^* SpeciA,cition 4i/i— F)r that, betwreen the 15th of November 1814) and the Ist of February 1815. fdiliiig, notwithjtandiq^ that he, the said lieiit. col. Bill, had been repeatedly required, as eoinmanding oflicer, to interfere to cause the contractor to fur* nish (he complete rations to the United Sutes troops at Avou New-York, leaving them without the important article of soap for months at a time, and after it had been explicitly stated to him, the said lieur. cnl. Ball, that the men were experiencing the most disagreeable sensations, and suffering extreme incon- venience from the filth and vermin with v>hich they were cover' •d. " Charge 6th — Incapacity to command a squadron of Dra- gon ns. " Specification ist— On or about the 15th of August 1814, at the parade ground of Gen. Mdcomb's brigade, near Chizy in the state of New York, he the said lieut. col. Ball, did under- take to raatoeuvre the squadron of Dragoons under his com- mand, and attempt manoBuvres, and give words of command, in- applicable to ihe Dragoon service, contrary to the precepts of ail militiiry authors who have written on the subject, and ua« ioteiligible to both ofticers and men. " Specification 2nd, — In exposing himself and the corps, t9 the rhlieule and contempt of Major Gen. Brown, at Fort Erie, in Upper Canada, on or about the — day of October, ISl*, by declaring to the General aforementioned, that his, lieut. col. Ball's Dragoons, were competent to charge in line, and act ef- ficiently against the enemy, any where through the swamps and woods of Upper Canada. *' Specification 3d — In ordering the whole of the commissi- oned olHcers to attend all stable parades, and remain at the sta- bles during the performance of stable dafies — thereby not only subjecting them to execute the duty of non-commissioned offi, cers, but exposing them to the contempt and ridicule of the sol- diers. *^ Specification "ifh — That between the 8th of November, 1814, and 30lh of April 1815, he the said lieut. col. Ball, has frequently animadverted upon the conduct and to the injury ofi the characters of the officers of the squadron of which he is the commanding officer, thereby setting an example of calumny M'hen it was his, the said lieut. col. Balls duty, to hold forth aa example of unaminity and candor by the suppression of under haod representations, or listening to, or countenancing reports, made through any but an official channel, thereby tendering the service disagreeable and vexatieus to the officers, and produc ing injury to the service. 23 " Bpeclf-cation 5th — In taking sergeant Wliitaker, of eaptaia Hail's troop, ostensibly as an orderly, and causirfg him, the said sergeant Whitaker, to \,eri'orm the menial duties of a ser- vant, notwithstanding he, the said sergeant Whitaker, is rega- larlj mustered and paid as a sergeant — thereby shewing an ig» noranee of the importance of reputation to a non-commissioded officer, hut deifrading his character and esBeatialiy injury Jh» fervice. HENRY HALL, Capt. U. S. Lis^ht Dragoons* H. STERLING, LieuU^Dragoons. PHILIP ANSPA^H, Lt. Dragoons. JOHN CALDWELL, Cornet Diagoons. Before I present the result of this enquiry, I beg the indul- gence of the reader, upon the motives of my accuseri, and the nature of the charges and the evidence. — On the first of June 1814 I took command of, and issued an order comprising.irules and regulations for, tlie United States Cavalry then at Flatts. burg New- York. — [^See appendix Jl,'] This order was reiterated on the l7th of August, after Captai^is Hopkins and Hall had joined mycomcnaad,& in several instances violated iL—-\_See.Jip- pendix A] The frequent violations oi" it by Capt. Hall, induced me to arrest him, and fr«m that arrest he was liberated upoa his assurance, through sundry gentlemen, that in fuiure he would respect and obey ray orders. — His resentment, however, did not subside, nor did be regard the pledge he had given, or keep Lis promise inviolate. He immediately set his ingenuity tt work, to form a party against me, and it is not wonderful that he should have succeeded, from the peculiar characters and circumstances ot those with whom he was associated. — Capt* Hopkins knew me to be in possession of the fact, that two horses which he kept and claimed as his private property, wera public Dragoon horses, purchased and used as st^eh, in my equadron i» 1812, and one of which had been so used and con- sidered, untilhe arrived at tb6 Dragoon encampment in Avon New-York, in Novemher 1814< [See appendix C] — lie knew that I had pried into the circunistanee of his having convert- ed leather, dra'vn avowedly for the use of his Troop, to his owa Hse, and he felt high resentment at being constrained by my order above alluded to, to attend three times a day to the stable duties of his Troop. This was a principal source, and one of the original causes, of the reutinous and disorderly eon' dust and feelings of i.; y officers. Tha leading characters among; ihera were perhaps less patieiit under this o.'-der, from the cir- cumstance of tteir inQucnliul coansclions io congress, wko it C %4> was nataral t© suppose were readj to palliate their faulti^, if an; were alledged against them. For, upon this iufluence, it appears they cliose rather to rely for redress of the imagined grievance, than upon the only correct course (a military enquiry.) Lieut* Wright's motives are to be feund in the discountenaoee 1 gave his frequent riots and misconduct, towards the citizens of the •ountry through which we marched, from Lake George to Buffalo, New-York — in my order to reduce the issues of forage to him to his legal allowance, when it wai reported to me that he was feeding five horses at public expense, at Avon New York :— and the total ignorance of his profession, which kept him in the dark with respect to the rights and auihoriiy of a com- manding oSieer. — It was thus that he was subjected to arrest at Lake George, on the charge of mutiny, unoMcerlike, and ud- gentlemanly conduct j the proceedings on which were quashed, only on account of the informality of being drawn up without specifying the lime and place; and which produced the follow- ing general order. " Head- Quarters Right-uing N. Army Sacketts Harbour 7 I7th September 1814. OEJS^ERAL OJIDEBS. Lieut. Wright, light Dragoons, was arraigned on charges of mu- \ tiny, unoQicerlike, and ungentlemaul} conduct, before the general court martial of which col. Peiree is President, but in conse- quence of the informality with which the oJiarges were framed, the court decided they should be quashed. The commanding General approves the decision of the general court-martial, whereof col. Pierce is President, though he cannot withhold the expression of censure upon the carelessness with which the char- ges were submitted, in a case of so serious a nature, involving in its eoosequerices the character, and even life of an ofiieer.— An order is in preparation, for the government of the Judge. Advocates, or those acting in that capacity, which will reader them respiinsible for the correctness of the proceedings of courts martial. — Lt. Wright of light Dragoons is released from arrest, and will return to duty.— The General Court Martial of which enl. Peiree is President is dissolved." — This orde<- was signed by Gen. Izard. — Or perhaps Mr. Wright might have found a stronger motive for his attempts to get me removed from ser- vice, from the opinion expressed by me, against the right of offi- cers to exchange inferior private horses for public ones of more rnlui^, and elaim ihera as private property. 1 ean only look for the motives ef Lt. Wdtls in that unblusk- 2^ jog iKpiidenee which supplies the pla«e «f (leparted hooor) and those feeliugs that induce a certain description of men ts side with what they think the strongest party. — He never served with me until mj arrival at Fort Erie, on the 9th of October 1814, nor did he remain with uie longer than a few days after I recrossed the Niagara river, on the j29th of the «ame month ; having reported siek and obtained leave to take up his residence in a tavern. — Yet he has signed the memorial, pledg- ing himself for the support of facts stated in it, to have existed as far back as the first of August 18 14, of which he did not, nor could know any thing. — Nor is it probable from his habitual drunkenness, that he knew any thing moro of the memorial than that he had signed it. — The motives of Sterling, Anspach and Caldwell, are further to b» traced to their want of in- telligence, and of those principles which characterise the gen- tleman. — No better evidence of this is necessary, than their wanton outrage in Lima N. York, for which they were imprison- ed and fined. — And because I did not justify th'-ir disgrariefnl conduct on that occasion (which for the honor of the service I most sincerely lamented.) I am charged .with evincing a con- temptuous proceeding towards the said officers. — These men were recently raised from the ranks of the army, and whatever Gen, Armstrong, or others, may say or thiiik to the cootrsry, the experience of the late war, lias sufficiently, established, that mere promotion cannot remedy deficiency of intellect, or want ef principle.— -Anspach and Caldwell, a? destitute of indepcn. dence, as of mind, dared not oppose the will of their captair.H ; and the promise of less duty in the gvetit of success, was in- ducement sufficiently strong, to draw them into any pledge ihut might be dictated. Lt. Stirling did not j them on private account. — I , delivered to you sixteen Horses,-^ Fourteen for public use, on your requisition, and two on your private account for wlich you [gave me your receipt. Afterwards I purchased one for you far one hundred and ten dollars, and for which you were to ti;rn io oBCttf the two former. — I lilso left ene that had been f 3 ^8 «ick, with the wag^ou master, which you afterward* took oa public accouut, — ot course there are atiii two to be covered by a requisition. I applied to major Wood's brother for the amount of the account you ioclosed me, and was informed no person had as yet administered en his estate. I inclosp you copies of the requisition and receipts. — The prices of the Horses were left out on account of my not know- ing ivhich two you had taken for yourself. Pray have the good- ness to send me duplicate requisitions for sixteen Horses (that is, including the other two) and the one I now hare shall be destroyed.— Also describe to me the other private horse. I am dear sir, &c. (Signned) JOHN BLEEKER, Dep'y Qii'r Master General." *' Lt. GqU James V. Ball, Dragoons, Mon, State 0/ JV. Foi7c." Cornet Caldwell says, that I told him the horse sold to Maj. Appling was a Dragoon horse, but when he is interrogated, Bidrk the manner in which he has inferred what he has posi- tively sworn I said—" I think it was at Chazy in the month •f August at the time gome of the Stafif officers were about to get horses, he, lidut. col. Ball, observed they had no right to them, as all the horses purchased were for the Dragoons."— Not\f it is a faot perfect in recollection of those gentlemen of the staffj, who were accommodated by Major Bleeker with horses at the time alluded to, that their selections were made previously to the selection for the Dragoon service — x\nd Capt. Halls statement on oath, that he saw him the preceding day in a lot with the public horses, to the contrary notwithstanding, the horse furnished lieut. coL Appling was purchased by Major Bleeker out of a stable the day suceeediug that of the said se- Ication. Capt. Hopkins left camp on furlough about the fifteenth of March 1813, and did not join the squadron until the 3«th of May, after its return from the seige of Camp Meigs.— -On the 27ih of June, I marched from Piekawa Plains, where Captain Hopkins acknowledges, that being obliged to leare, from india- position, one of my two horses f/ten in camp, I did obtain and ride a third private horse, and did continue to ride him until af- ter the charge at Sandusky.— In a few days afierihe 13th of August 1813 my squadron was dismounted under the following order, and continued so, having invaded Canada on foot, the residue of the time embraced in the epeeificution. 29 Extraet fnm General Orders issued at camp, Loiver Seneca Mgust iSth 1813. *' As it is probable that the Squadron of Dragoons may be ©bligetl fo act on foot for a few days in the course of the Cam- vaign, they uill be immediately furnished with muskets and Cartridge Boxes. — Lieut. Col. Ball will cause them to be daily practised in the Light Infantry manouvres. — It is net the inten- tion of the General to divest the squadron of \i» character, or emolument? as Dragoons ; — he only wishes to provide for asy contingency that may happen, ^nd secure the services of this corps in all situations. (Signed) A. H. HOLMES, Jlct. Mjt. General, Thus then did Capt. Hopkins remain with my squadron frorcj his return from furlough, until it was dismounted by order, — on- ly.eighty days o/lhe whole time included in the speciiiation, that I could have had horses with me, except a few days between the Sd of March, and his departure on forloagh, when, it is pro- ven by Abraham Bishop I had three of my horses with me, al- though not '* in service'' agreeably to the captains meaning of the term, as he does not recollect to have seen all three in camp at the same time, — \thich he accounts for, by saying they were usually kept in a sta\>le in town. It was a subterfuge indeed of which the captain alone is worthy, when he found himself contradicted upon the oath of a disinterested witness, to dra'v from him by interrogatory, an acknowledgment of the fact that my horses were usually kept in a stable in the town, at which I was quartered/ as if some law of ihe government or regulation of the War Department existed, which rendered the keeping of officers Horses always in camp necessary, to their drawing of forage or money in lieu thereof. He knew that no such la^v or regulation did exist, but he saw no other way of getting over his false swearing, than by giving a false meaning to the term '* in service" — [see Appendix c cj In the 3nd charge are eoncained ten specifications, exhibiting a composition of malice, meanness and falsehood. Under this charge, my acausers have only substantiated their own baseness, — convicted themselves of insolence and disrespectful behaviour to their commanding offi- cer, and proved the justice of those orders, of which they com- plain in the second and niuth speciileations.— [see Appendix d k f] The vanity of capt. Hopkins has hewever been in some measure gratified. He has succeeded in getting before the pub. lie evidence of the probable fact that he did kill an Isdian, in the charge alluded to j bavvling a circumstaaco into notice^ 30 •which hilhertft, amongst trifles, had been dei..«~d too iasignifi-" eftnt to becoina the subject of an official report. Oa this subject, iu addition to that testimony upon which the court found, v^hat is stated to have been, ray verbal report to general Harrison '* fcubstaulially true" I beg leave to ofl'er the following letter, written to major John B, Alexander, by a gentleman of strict honor and veracity, who was my adjutant at the time, and who seems to have as perfect a recollection of the transaction, as a circumstance so trifling, and the remote period would probably leave upon any mind, of the situation and conduct of othera, [_See also the affidavit in the appendix mark- " Westmoreland County, Pa.") 8th May, 1815. C «« DEAR SIR, " In answer to the enquiries proposed in your Utter of yesterday, relative to the sfFair neur Lower Sandusky, it is my duty to state, that (he charge was ordered and repeated by lieut. eol. Ball, immediately on hearing the report of the In- dian guns, in the direction of our advanced party, at which time he was at the head of the eolumn, either ia front or a> breast of captain Hopkins, but to the best of my recollection a few horse lengths before the captain ; at the same time captain Hopkins turned his face towards his troop, and reiterated the word " charge." On lieut. col. Ball's giviig the order to charge, he drew his sword and pursued the Indians at full speed, overtook and attacked the hindmost Indian, at which time he was perhaps twenty or thirty yards in advance of captain Hopkins, who was 1 believe the next person to overtake and attack one ef the enemy. The advanced party consisted of sergeant Eagleton, and four soldiers of captain Hopkins's troop. Captain Hopkins troop being the leading one of the squadron, were, I believe the only enes that came up with the enemy, before they were dispatch- ed, except two of Markles, and one of M'Clellands, acting as yidettes on the right, and were closed in, to the head of the squadron, by the road approaching near to the River, J am dear sir, &c. HUMPHREY FtFLLERTON.'» ** JoHtf B, Alexander, Esj^.^' " N, B, It is worthy of remark that, if this charge had not been ordered the instant it was, the enemy might have gained a thick piece of woods, and of eourse secured their retreat. 91 *' This affair was considered by tSe most of us, as the har- bIo,e;er of an action more bioedy and of greater importunee. Lt. Col. Bali therefore, without the least delay, after the fevp Indians were cut down, eailed in his men, bad them immedi- ately formed iu liae at right angles with the road, and swept the woods for near Iialf a mile from the River, as far down to- fcards Fort Stephenson as was necessary to detect an ambuscade^ •r as the nature of the ground would admit of." [See also the a^davit in the appendix marked h^ How far this statement of an honorable, anprejudiced} and disinterested man, eorraborates, or disproves the statement of my warped, biassed, and unprincipled accuser, the reader will determine. In the third charge there are various specified cases of cruel- ty — They are in no instance proven, and too contemptible to me- rit notice. — It was a singular effort of malice and weakness, to aharge me irhh having obeyed the orders of my superiors, for so I am charged in the first and second specifications. Captain Hopkins admits oa bis oath, that my command formed a part of Gen. M'Arthurs brigade, and marehed with it from Black Rock to Fort George — ^[See appendix o h i j k l] — As to the third specification, it is apparent that several of the culprits charged before the Court !Klartial at Batavia, of ;?bich capiain Hopkins was president, so far from being acquitted (as captain Hopkin'a testifies) had never been tried at ail, upon the charges preferred against them, but had been screeaed from trial, by an opinion ofiheeeurt against its «v,q jurisdiction. An opiaion not less repugnant to law and military usage, than dangerous in praa- tice. It i* confessed that I received the opinion of ihs^t court, with mortified feelings of shame and indignity^ and cancelled that record of my accusers folly and wickedness, — continuing the accused in coufinement, to await that trial they had not re- ceived, or at least, to restrain them from further depredations on private property, and to account for sleeping on his post, upoa which plea, and the establishmeut of which fact, sergeant Luekado was acquitted before the court martial, of which eapt. Hopkins was president. Will it be pretended that the power <• arrest, does not necessarily imply the power to continue that ar- rest, until tiial and punishment ? If, according to the doetrins «f this wise tribunal, 1 did not possess authority to order a regi- mental Court Martial, will they also deny me the power to ar- rest?— The eoDsummate baseness of exhibiting this charge is only to be equalled by the folly of the court referred to in it. — And here the reader will pause with astonishment, at the audacity of captain Hopkiii!i» who, bliaded ^j the revengeful passioas whieSi 32 labored in his bosom, permitted himself to be hurried on, to be- come the trumpeter of his own shame, the pander of his own disgrace. — //e, as president of that courts has solemnly sworni that he would not divulge the sentence until it should be pub' lished by the proper authority. What might I not fear froia sueh a witness in such a eause ? What value can hereafter be affixed to his pledge of honor, who thus sports with oaths, and •e shamefally unmasks to the 5Corn of the WK)rld ? — The re- maining charges were shewn to be as false as they are trifiling«- My order of the l7th of Aegust, regulating stable duties, obliged all the ofScers of my command^ oft' duty, to be present at their performaaee. — The seasibility of the spruce gentlemen,- was excited by it ; — it became the subject of much eomplalDt,. aad was often evaded j but was found to contribute greatly to improve the condition of the horses — at length the very eorreat Capt. Hopkins, availing himself of my temporary absence to Buffaloe, during which time the command^devolved upon him, issued the order of March 5lh 1815, l" See appendix Jn^ abro- gating my order on that subject^ and literally leaving the officers at their discretion, to perform, or not perfarm^ a duty which the same order deems "all important to give effieacy and character to the corps."- — But a simple al»rogation wa» not su^ffic lent for the purpose of the gentleman, and therefore he proceeds, in a 6ne flourish of stjie and sentiment, to stain the pages of my orderly book, with the record of bis insolent coa- tempt of, and oppositian tn, my authorityo Whether, in any ease, it is correct, during a temporary com' mand, to abrogate a standing order of a superior officer, others will judge, perhaps as accurately as Capt. Hopkins, and de- termine how far such conduct evinces a due sense of subordioa.. tion, capacity to command, or competency to judge of the ca- pacity of others. — Capt. Hall is not without his merit in this story. — Hs cannot, with Cajtt. Hopkins, lay claim to the merit of having killed an Indian ; but that his name might be pre- eerved from oblivion, and be gloriously inscribed on the reeordii' of fame, the important matter ef recrossiog the Niagara River is brought into cotlee, as au affair of consequence. I cannot- think highly of the fortitude of any person, who could, for a, moment, entertain an apprehension of danger, at the time al- luded to : there bein^ nothing to fear, except a stormy night and burning stumps, which terrific objects might easily have beea avoided, had Capts. Hopkius and Hill, used equal diligence with the troop of Capt. llarris, which commenced crossing af- ter them, and vvas over several^hours before night.— But the gen- tlemen were not quite as lardy as they represent, for more than fliree fourths of the squadron were across before night. — Capt*. S3 Halls testimony is oftea confronted by improbabilities, as well as by the positive evidence of otlier witnesses. — The charge ef engrossiog, almost exclusively, the use of the mechanics about my quarters, is singHlarly supported. — Capf. Hall, in answer- ing the qoestlon put to him by Capt. Hopkins, is driven to the necessity of admitting the falsehood and raalignity'ofthe charge, or of sonfessing himself guilty of very gross misconduct. — In imitation of his prototype, he determined to damn himself for the purpose of sacrificing me. Therefore he elects the latter Alternative, admits that in a return called for by my order, ha had falsely reported seven carpenters, when in fact many re- ported were not carpenters. — However, he says one of his best •arpenters, Haryey, was kept employed about my quarters un- til they were completed. — Ts this true f How does it accord with the testimony of Sergt. Maj. Grimes, who says " there were also two carpenters detailed, one for the field and staff, the other for the Hospital.— Shed, of Capt. Harris's troop, to work for the field and staff, and Harvey, ef Capt. Halls troop, to work on the Hospital" ? (The neglect of which is so much complained of.)— And with tUis fact, had Capt. Hall have done his duty to his troop, he ™ust have been acquainted.— The truth is, that these gentlemen have ever been more intent on their own personal ease, than the accommodation of their troops. The whole complaint of inconvenience for want of an Hospital,— huts for their men , their filthiness, and destitutioB of clothing and equipments, (as far as there was trath in it,) was solely to be attributed to their negligence and inattention to duty.— For the truth of this I appeal to my order of the 23d Nov. 1S14. — To the certificate of the Contractor, and the list of stoppages made by the Paymaster for|arti«le8 overdrawn by the men who were discharged from the corps. — ISee appendix ^ ® ?•] Cp "°^ present.^ — Another of my accusers is Lieut. Stirling, an Irishman, promoted from the ranks — His long ex- perience in the lowest grades of his profession, in Europe and America, is alledged as authority against me. In the true style of a Paddy, he shews the rule in Europe to have been, that efl&cers were never obliged to attend stable parades, except when they pleased. — I believe the discipline is changed sifiee the Lieut, left the European service, and that now the practice is, to oblige subordinate oflRcers to do their duty when the commajiding officer pleases — It was not ingenuous in Lieut. Stirliag, v»hen testifying (when as Regimental Quarter Master he suggested the utility of sending an oSicer to Utiea or Alba- ny with a requisition) to evade the truth, by sayiug, «' that althtt' I did not refuse, yet aegleated to send.— Candor would 34 have required of hirn to give in this place the true reason why it was not done, (viz.) the total want of cash to d*rf»ay the ex- penses. — This to be sure, appears afterwards, when extorted by an interrogatory. — lathe important p«int of his testimony, asi to Sergeant Whitiker's menial e!»»ployment, in wailing on th«! table, he is directly contradicted by Doctor McCall ; who alsoi testifies that the requisition above alluded to, was forwarded by mail. Lieut. Anspaeh, when called on, in support of the 10th spe- eifieation, of the> 2d Charge, stated in his testimony, that 1 ha4 discharged a man (Jesse Williairss) from the troop he conjmand- ed, without his knowing any thing about it. — However, it turn- ed out in proof, that at the time of the discharge of Jesse AVil- liams, the witnesp was confined by a wound he received in a riotous resistance to the civil authority ; and at that time, the eommand of the troop had been given to Cornet Caldwell, who, as sueh commanding oflieer, did sign his certificate, and the papers regularly executed were produced and shewn to th» Court. By some unavoidable means this testimony is net takes down, except one interrogatory, as to the name of the man dis- charged, which is answered in sueh a manner, as to shew its connection with something more which does not appear, and which, if made to appear, would be as above stated. — He also states that during his command in eapt. Hopkins' troop, one oi the privates had been detailed to attend to my horses without Lis knowledge, — If capt. Hopkins had possessed the candor of a gentleman, he wonld have informed him it was at his parti- cular lequest that this private (Floor) was so employed, ta screen him io the Captain's absence, from the cruelty of the witness. — [see appendix Q] — This was the only attempt made hy my prosecutors to support this specification — and very just- ly have tbey suffered the sting of mortification in its failure, for trusting so important a point to the ingenuity of such a witness^ Cornet Caldwell says, that he was acting adjutant on the march from LakeGtjorge to Champion, that the guards detail- ed from the mounted Dragoons, were a non-commissioned offi- cer and six men, from each troop only. — Yet he is obliged ta admit that a standing order, which never had been counter- manded, required two non-commissioned officers and twelve men from each troop. At one time he says that Lieut. Wright had ! the comiiiaud of the dismounted fVragoons ; at another, that ho ' had n(»t. — He knows of no measures taken by me to correct the. evil of small details, but when my official letter on that subject is produced, (knowing it in my power to establish the fact,) he acknowledges the copy to be iu his own hund writing, and in aassver to an interrogatory put by the prosecutor^ says, that he 35 eanaot say, whether he did or did not earrj the original to Ges. Izaid, to whom it was addressed. — [see appendix U] — In short, all hia answers are either confessions of ignorance, or, at best, guesses. When ever he attempts to be positive, he is shewn t© be in error. Sword Master Sandford " says, that at the time stated in. the 7th specification, about sun set, three persons whom we supposed to be British'DragoonSjjwere seen; — lieut.col Ball or- dered one witness to reconnoitre; that as he and his party mount, ed their horses the supposed Dragoon's disappeared, and were seen uo more ; — that Vvhen he returned, reported to the lieut. col. he had been two and an half miles, and seen nothing but & fire which he supposed to be the enemies fire ; — that he ap- proached it to a distance between a quarter and an half mile- still he saw nothing but the fire." 1 think this report ought to have quieted the fears of my would be thought courageous Cap- tains — and it certainly wouid have produced that effect, could ihey have reflected, that this alarming; fire was exactly in the direction of, and just the distance at which the American pick- ett had been posted from us, during the day, for the security of the troops engaged in crossing, and which 'vas at that time (having been but a few minutes before drawn in,) posted in our rear, as a covering parly, at least an hundred strong. Yet it is ansidieusly attempted to shew, by this specification, that it was in consequence of that very report, that 1 was induced to leave the Canada shore at the late hour stated by the witness, and which it will appear evident to the reader, from the distaace at which he reeonnoilered, and the nature of that service, must have been even later than slated by him (** between sun set and dark.") With equal management and industry, where ther« are a sufficient number of boats, the same time will be found Becessary to eross a troop of fifty, that is required to cross 0119 of an hundred, the means being proportioned to the labour. — • Capt. Harris's troop, it is shown by sergeant Parker, was over three hours before sun-set — what portion of the squadron could possibly have remained there at the time that I crossed.^ The latest hour that capt. Hopkins gives himself credit {or crossing at is 13, and qr. master serg't Rowland in his evidence says, that there only remaiHcd to cross, the next morning, 18 or 20 men and horses. But all this is merely to shew the absurdity of my accusers, for having ordered (as has been shewn to the court) that, the Squadron should cross by troops, (and which order gives a f!at contradiction to the statement of captain Hn;>kins on that subject) it was not incumbent on me to w ait ; and us it is stated by Sandford on cross examination, that there was no alarm iu cimp, it could bo( !iav* been peisuu;*! safity that i«- S6 Juced aie to go. [See appendix « s t. and the folIowiDg address and opinion of the Court.] GlNTLEMEN OF THE CoWRT, Conscious of roj innoeence and the rectitude of my public life, and reposing with the fullest con- fidence on your justice and discernment, and knowing that your patience must be in a manner exhausted by the tedious length of an investigation into numerous unfounded, and gene- rally frivolous charges, I cannot justify myself in detaining the court for one moment, in preparing a defence whieh the iudnl- gence of the court would have granted ; I shall therefore waive any summing up on the evidence b«fore you, and conslude by stating for the information of the court, and that every suspi- cion may be removed, if any should exist, whieh is not appre- hended, that it is completely in my power to |>rove, by majors Sleeker and Rees D. Q. Masters Gen. that the horse alluded to, in the first specification of ihe first charge, was purchased by major Bleeker for private use, and intended for lieut. col. Appling, and was a perfectly fair, open and arowed transac- tion J— having at this time in my possession the official letters of those gentlemen, which have been laid before the court and deemed not evidence in support of this fact ; — and which fact those gentUmen can and will, if occasion requires, attest to, and support by their oaths. I cannot however conclude without expressing to the court, the deep sense which I feel and entertain, of the propriety and fairness of the investigation, and patience with which it has honored me with a hearing, (Signed) JAMES V. BALL, Lt, Col. U. States dm}f. « Aftet mature deliberation on the evidence adduced^ the Court gave the following opinions in the case. " Charge 1st. «' Specification 1st.— Tha Court is of opinion from the evi- deace adduced, that the transaction between lieut. col. Bal and lieut. col. Appling, was open fair and honorable on the par fif lieut. col. Bali ;-~lieut. col. Ball making no sec^ret thereoi before or after it ; and that if public money was inibapphed the Deputy Qnarter Master General is alone responsible. '♦ Specification 2d-^The Court is of opinion that oflicen entitled to horses, are not obliged to keep their horses aixcay. with them, to authorise the oflicer to forage or iorage money toi them, as in the case of lieut. col. Ball, who, with his detachmenl cf Dragoons, came by water from Detroit to Buffalo, and frtra 37 Fort George to Sackett's Harbor j and that there is ao'evidene* before the Court to establish this specification. Nor could it be possible from the late hour this specification was preferred, and the remote situation of lieut, col. Ball's witnesses, (Ohio), that he could produce testimony on this speciieatiou. The Court is of opinion the first charge is unsupported by the testimony adduced. '* Charge 3d — ^ Specification 1st— The Court is of opinion that this 9pe« cification is not established, but on the contrary, the testimony of sergeant major Grimes proves the verbal report, which the specification alledged tvas made, by lieut, eol. Ball to Gen. Har- rison was substantially true. " Specification 2d — The Court is of opinion that the selec- tions made for the field and staflT, g«ard house and hospital, were reasonable and correct, and that this specifisation is unsupport- ed. <' Specification 3d — The Court is of opinion that tiiis specifi- cation is not substantiated, " Spe»ifieatiou 4th--The Court is of opinion that this speci- fication is without foundation. •' Specification 5th— The Court is of opiaion that this speciu- eation is not supported by testimauy. "Specification 6th — The Court is of opinion that this speei- Ecation is not established ; and if it were, the letter from maj, gen. Izard herewith annexed authorised the confinement, and frees lieut. col. Ball from imputation of irapropar motive. " Specincalion 7(h— The Couft is of opinion that tiiis sperv'- fieation is unsupported, inasmuah as there does n'>t appear to have been cause for apprehension, at the lira* alluded to in the specification, or any time during the evening or nigh!. It ais'j appears that capt. Darman wa3 eut with a detachment of i:j. fautry, to cover the embarkation of the squadron. It also ap- pears to the Court, that the order given in relation to passiai* over the squadron was, that each troop should pass indepen- dently, under the saperinteadance of its own ofiicers, and that each troop slwuld detail a parly, and get as many boats a§ pos- sible for that purpose ; and that at Furt Erie, about one mile distant, was Gen. Bissel's brigade, viz. the 5th, llth, li5th and 16th Kegiments of Infantry, a battalion of dismounted Dra- goons, a battallion of Artillery, and the consolidated Rifle Re. giment. " Specification 8th — The Court is of opinian that the testimo- ny does not establish this specification. " Specification 9th — The Court is sf opinion that this speci. fi«atioa is animportant in itself, and unsupported. -t: 38 " Specifieation 10th— The Ceurt is of opinion tfrat this spe- oifiaiiun i« unt^uppo' '.ed by evidence. The Court is wf opinioa that tliis charge is unsupported by evidence, and that the cauduct of lieut. col. Ball has been mla litary, correct a. id honorable. *' a!i, when and where the said Capt. Hopkins was on his way to Kentucky on furlough, in possession of his said dun horge. — Bometime after, and during the absence of the s. ings at a time, except part of one or two days that Carpenter Brown v\'orked on Doctor M'Cairs house, which was after the li'oop was in the barracki; — and it was the only work that capt, ISopkins's Carpenter did upon the above h'jildings, excopt mak- irig a cpuple of small drtfirsin the guard-house. Nor could the fatigues, for \ht neld and staffbaildings, have ehecked the pro. greusDf tiie other w»rki, because neither troop ever employed ino whole of the residue of men after these details, upon theie company fatigues, Question — Did you eyer knowaa act ef cruelly committed b) lieut. col. Ball upon his mea» or either of them ; — or have yo« ererknonn him inattentive to their wants ? Answer — 1 have never known an instance of either. ELIJAH GRIMES, Serg't. Major. Personally appeared before me Jeremiali Uig'gs, Esq. one of the Justi ces of tlie peace, for Ontario County, slate of New- York, Elijah Grimes, ani madft oatli to the questions hereon contained as stated. Sworn beforf; m fM Avoa,20lh February 181? JEREMIAH RIGGS, J. P 51 [e] JOHN W. DUBS. ^Mfsi/ojz ls^— Were not worse men often seat, by order of Capt. Hopkins, in plaee of those regularly detailed, to work at the barracks of the field and staff of the squadron at Avon ? Jinswer.—'Y eSf q^uestion 2nd. — After you have made regular details from yoor roster for that duty, has Capt. Hopkins selected the most capable of the party, and ordered others to supply their places, .^nsu'er.— He has. question 3d.—l)\A ycu know lieut. col. Ball, frequently to detail from Capt. Hopkins treop, his best horses for his own use? Andif such detail had been made, would you not hav« known it ? Jnswer,^l should have known had such detail been made. — It never «as. JOHN W. DUBS. Late Orderly bergmnt of Capt. Hopkins Company, Personally appeared before me Jeremiah Riggs Esq. one of ihe Justices ©fthe peace,' for Ontario County, state of New -York, John W. Dub« aud made oath to the above. Avon, 21, February 1815. JEKEMIAH RIGGS, J. P. L'r] Camp at Avon. 11th Dec. 1814. <« DETACHMENT ORDERS. <« Six experienced axe-men will be iramediaiely selected by the sergeant major and reported on standing fatigue, for the field and staff officers of the detachment, until their necessary buildings are completed. The Commanding Otfieer is sorry te find, that instead of regular details for such fatigue, the most indifferent men in hJs eommand have been selectsd. He hopes that uumilitary procedure will cease with this order. It is now enjoined on the commanding officers of troops, to attend regular- ly (o their company roster, and see that their details are made agreeably to them, JAMES V. BALL, Lieut. Col, Comd'g, I have repeatedly heard oapt. Samuel G. Ffopklns, late •{ the U. S, army, relate, in Alexandria and in Washington City, the circumstances of a charge msale by lieut, col. Bali's squad- ron of ©ragoon's near Lower Sandusky j in which charge h» stated, that the said lieut col. Ball did engage au Indian in sin- gle combat, and did kill hinn; that duriig the combat, Revera! of his men, alarmed at the It. colonel's situation, pushed up to his relief, and were ordered on by the said litut. col, Ball, who B 2 52 at that time did not require their aid. As dften as 1 have ?iearc3 hira, the said capt. Hopkins, recouDt the eircumstaBces, he has spoken of the eondiict and bravery of the said lieut. col. Ball oo that occasion (to which he said he was an eye witness) in the highest terms of approbation and applause, and stated his situ- ation to have been a most hazardous and dans;erous one. SPENCEIl BALL, Jr. Frederick, set. Personally appeared before me, the subscribing' Justice Spencer Ball Jnr. who made oath that the within dtatement isjust and true, to tlie fae«t of ^ Lis knowledge and belief. Given under my hand the 25th October, 1815; EDWARD McGUIRH. " Head-Quarters Johnstown, > 8th September 1814. C GEJ^TERAL ORDESS. *' The sqaadroa of Light Dragoons will proceed in advance •f the Infantry, and make the best of its way to Watertown. where lieut ccl Ball will meet erders;-the remainder of the Di- risioB will centinne its march in the order heretofore observed, A severe example will be made of all who plunder, or injure private property ; the grsatest attention is required of all Ofii» cers in order to bring to punishment those whose misconduct thus tends to disgrace the character of the army. By eommand. iSigaedY Wm.. CUMMINGS, Act. Mj. Gen^ Dragoon Cantonment, Avon, Feb. 20, 1815. [h] ORRIN FULLER. Question — Were you Sutler to my squadron, and did Tf»ta inarch with it from (Jhazy to Champion in the summer and fall sf IS It? ^Sn»iffer — Yes, Question — Did the dismounted Dragoons under the command ef lieut. Wright, during tha whole of that time, form a part of ny command ? Answer — Yes. QMesiton— -From Lake George to Champion, were they al- ways marched off some tim«bafore the mounted Dragnoas.-— and did they frequently arrive at the halting pviuls before they were overtaken by the mounted Dragoons ? Answer — They were many timei;, to my certain knowledge, marched otf a considerable time before'he mounted Dragocbi*;- aad my impr^ggioa is they always wcre;«-th(it U was sufl^eieut m to gire them fuHr or five mifes ahead, aad in most eases, as uell as my recoiiectiea serves me, they did arrive at the halting poLots before they were evertaken by tha mounted Dr&geons,. but IB several instasees I aia pouitiye, ((uestion — Did you ever hear the dismounted Dragoons coin" plain, that they were pressed and constraiffed to march faster, by the mounted Dragoans marching in their rear ? dnswer—J never did, and if they had have been mAde, I should most probably have heard it, as they are in the habit of speaking with freedom of all their complaints, at and about my shop, and 1 think 1 hear as much of their eonsplaints as any one ia camp. Question — Have you ever hsaid the soldiers of my command, complain that I was cruel ? *Snswer — No — I have frequently heard tfeera say yoa were strict in your command, but I have always heard them say, that in all cases coming to your kuovi'iedge, they always had fair trials. Question — Have I frequently urged yoa, as SutJer to my com- mand, to be particular in supplying such articles as would ad- minister most to ihe eorafort of the soldiers ? Answer — Frequently, and more particularly than any other •ffieer I ever supplied, and upon the march alluded to, I was particularly instructed to keep a supply of shoes f©r the dis- 30 sunted dragoons. At the request of lieut. eol, James V. Ball, I have answered- Ihe above interrogations, put by hiaa, and ilo certify the said aa- iwers to be correct and true. ORRIN FULLER. P^rsonilly appeared before me Jeremiah Riggs, tisq. one of the Justices »f the peace for Ontario County, state of N. Y. Orrin Fuller, and made oaxte- to the questions hereon contained. Sworn before me at Avon, 22d, Feb. 1815. JERKMIAH BIGGS, j, p, JOSIAH PATTERSON. ^Mps/ion.— Did you march in the capacity of sutler to lieu?, eol. Balls command, from Lake George to Champion in Septem- ber 1815 ? Answer— I did, Qjieation. — What was the order in whi«h his command was Hianhed from the ground on which it halted at night and noon ? Answer — The dismounted were marched off first, and gene- rally time e?iou£5h to get four or five miles before the mounted dragoons marched ? 54 ^^Mfs^ton,— Did the di8m6uated ever arrive at the halting jjoints before they were overtaken by the mounted dragoons ? Ansx'er. — I recollect that the dismounted sometimes arrived at the places where the command halted for the night, before they v»'ere overtaken by the mounted dragoons, but more frequent- ly at the places where it stopped to refresh at noon f Question. — How f^r was the Light Artillery generally in the rear ef lieat. col. Balls command ? Answer. — I cannot say with respect t« the general distance, hut we were so pressed by them, that 1 have been frequently ob- liged to drive ray waggon off imperfectly loaded. Question,'— Did you ever hear the dismounted, or any of them, eompliiin that they were obliged to march faster, in eou. sequence of the mounted dragoons marching close in their rear ? Jinswer,^-! never did — but I have frequently heard them say Ihattbey had halted for the mounted dragoons to come up witk them, boasting that they could out roareh the mounted dra- goons,— I have frequently h«ard complaints of soreness of feet and want of Shoes, but never of being marched too fast, or to» far, except in one instauee when the Qt. Master, capt Brook, re- ported that the command Could not ^e aeeommodated at the pro- posed halting place, aad it had to march several miles further, That rtight they complained a good deal of fatigue.-— Whea the soldiers are about my shop or waggon, they are in the h4- bit of speaking with freedom of all their grievances, and if they had have complained of being made to march too fastj it is more than probable that I should have heard it — but I never did. Question. — You say that you have frequently heard com- plaints of sore feet and want of shoes. — J>id lieut, col. Bali ever take any pains or use any means to supply that want of shoes ? ^Qnswer, -—YeSf I have heard Mr. Fuller' who is ray partner say, that he was particularly instructed by lieut. col. Ball, to procure a supply ef shoes for the disjnonnted dragoons, upon the march;— and that lieut. col. Ball had advanced him money for that purpose, and he Mr. Fuller did leave the command for that purpose, and did procure shoes for them. I never heard a soldier complain of au act of cruelty in lieut. col. Ball. JOSIAH PATTERSON. Personally appeared before tr.e, Jeremiah Uiggs Esq. one of the^Justices of the peace for Oiitnrio County stale of Nevr-York, Josiah Patterson and made »ath to the qutstions liereon contained. Sworn before me kt Avon, 3d March 1815. JEHEMIArt KlGGS J.P. B5 JOHN PARRIS. <^M?«Hon— Were yeu a trumpeter to ejpf. Hallos troop, of LL eol. Bali's squadron, during its march irotn Lake George to Champinn, in New York? Answer— Yes. Question — Do you recollect that the disniou»ted wer3 always marched ofit'from each halting place, a considerable time before the mounted Dragoons marched ? m^nswev'^Yes, generally a suHi«ient length of time for thetut to get five or six miles ahead, (Question — Do you, or do you not, recollect that wheaever the dismounted were overtaken by the mounted Dragoons, that the gait of the latter was always slackened r Answer — Yes, invariably : and 1 recollect perfectly the exer» tious of lieut. col. Bail to get off the dismouated Dragoons from the various halting points, and that he never would permit m» to sound " Boots and Saddles," until after they had marched, as above stated. Question — Did you ever hear any ef the dismounted Dragoon* say that they marched faster, after they were overtaken by the mounted Dragoons, than they had doae before they were over- taken ? and if it had been a cause of complaint amengst themy do you not believe you would have heard it ? Answer — I never heard sueh a complaint, and if it had beea made, I am positive I should have heard it. Cluestion—Da yn«. cr dr. «--f n.'^>-5 rseeilcGt uiai iTie uisBionnt' ed arrived at the established halting points, before they wer* o7fi)"takeaby the mounted Dragooas, in several instances. Ansiver — Yes, I remember many places at which we halted, both at noon aad night, where the dismounted arrived before they were overtaken by mounted Dragoons. JOHN PARRIS, Trumpet Major. Personally appeared before me Jeremiah Rig'gs Esq. one of the Justi- ces of the pease for Ontario County, state of New-York, John Parris, aad roade oath to the wUhin. Sworn at Avon 22d February 1815. JEREMIAH RIGGS J. P. QUARTER HASTER SERGEANT ROWLAND. Question — Did you join lieut. col. Ball's squadron at Lak* ©eorge, in August or September last, and march with it t© Black Rock ? Answer — I joined it at Lake George in Septenther, 1815., ani tiarehed with it to Buffalo. Qaceiion— Do yon kajow that the dismoanted Dragoons wer* 36 always moved oflFin the morniug and after the noon halt, a con- siderable lime before fhe mounted part of the command marched? Answer — The disraounted Drageoas were always mo?ed off sueh a length of time before the mounted men, as was calculat- ed to bring them near the hailing point Viefore the mounted men overtoek them. — The distance at which the moanted over- took the dismounted men from the encamping ground varied from one to four or five miles— -but sometimes the dismounted men arrived at the encamping ground before they '^ere overta- ken. Question. — Were there established depots on the road at which only we could draw provisions for the corps ? Answer^ — There were established depots at unequal distan- ces, and it was necessary to make each of these within th« number of days for which we had drawn at the preceding de- pot. Question, — Did you march with the dismounted dragooui Hntil you reached Chatupion ? Answer. — I did Question^ — Did you ever hear the dismounted men coaiplain. ef their being too much pressed or urged on, at an improper gait, by the mounted men being in their rear ? Jinswhr^ — Never Question — Did you ever know aninstaace of cruelty in lieut. col. Bdll to his men on a march or elsewhere ? Atwwzr. — I never did, nor did I over hear a soldier eomplaia ef ill treatment frem him ? Question — .Have provisions of good quality (with the excep- tion of a few articles of small rations) been regularly and punctually supplied to the troops at Avon ? Answer. — Yes-'the only complaint that I have heard was a- bout some bread that M'as badly baked, and as soon as it was fihown to the Colonel, the Contractor was sent for, who agreed to take it back,— but uponexaminalion made by Sergeant Jones,, a small quantity, only, of it was found to be bad / and here- ported that the men preferred keeping it, with an allowanee of flour which the Contractor agreed to make ? Question. Has the fall allowance of forage ef an excellent qu»lity (with the exception of a small quantity of hay) been re- gularly supplied ? Answer, Yes,— pxeept a few days immediately after our ar- rival here — when the allowance was not entirely full. (luestion. Do you know that lieut. col. Bull's house, in con- sequence of want ot plank, is yet unfinished, and that he moved into it in its unfinished state, on the same day that capt. Harrii* troop moved into their finished barracks ? Answer, Yes— and not more than one or tw» 3aya before tli9 whole of the squadron tuovod is ? i 57 Question. What proportion does the barracks of the fielJ and staff, including the hospital and guard-house, bear to th« whole line of barrracks ? Jinswer. Exclusive of the Adjutants house they bear a pro- portion of precisely one third ? ALEXANDER ROWLAND, ((uarter 'Master Sergeant Lt. Dragoons. Personally appeared before me Jeremiah Riggs !Ssq. one of the Justice* »f the peace forOiUario County, state of New-York, Alexander Rowland and made oath to the questions hereon contained. Sworn before me at Avon this 20th of February 1815. JEREMIAH RIGGS, J. P. SERGEANT WILLIAM ELDRIDGE. - ^uestion^ Were you a sergeant in the detachment of dis- mounted Dragoons, that marched under lieut. col- Ball from Lake George to Watertown, New Yurk, in Sept, 1814 ? Answer, Ves. Question. Were, or were lot, the dismounted always march- ed off first,— .and did, or did not, they get a considerable distance from their several halting plaees, before they were orertakea by the mounted Dragoons? dnswer. Yes, and often we arrived at our halting places before the mouHted svertook the dismaunted Dragoons, Question. When the mounted overtook the dismounted Dra- goons upon the mareh, were the dismounted Dragoons con- strained to mareh faster than they ha'l marched before they wer« overtaken ? Answer, Noj— sometimes when they saw the nipunted dra- groons eoming up, they would increase their gait with a view of making their encampment at an early hour. Question. Did you ever hear a soldier complain of an act of ckuelty iH lieut. col. Ball P Answer. I have heard a man by the name of Kooker com- plain that Lis fp«t were blistered, and that he thought they were marched too far in a day, and I have heard some others complain in the same way, most of them boys I have never heard of an act of cruelty ia lieut. col. Ball. Question. When the men complained as stated above, were they permitted to ride in the waggon?? Answer. Whenever there was room in the waggons, the men complaining in that way were alwayi permitted to ride. WILLIAM ELDRIGE, Serg't. Fersonally appeared before me Jeremiah Rigs^s E^q. one €>f the Justices of the peace fov Ontario County, State of New Vor k, William Eldridge and a3adeci;th to the questions hereon contained. Swam before me at Ayo.i, 2-2d Feb. 1315. JERBMiAH RIGGS, j. p. 1 58 . [.¥] '* Cantonment, Avon, 5th March, 1815. SQU\1>K0N ORDERS. «' Commisfiioued ijffieers are required to visit the etahies of their respective troops, as frequeutly as is necessary to the ob. servaoce of a good police, — and at such intervals as they may deem necessary to insure this valuable abject, all important to give efficacy and character to the corps. In the service of eve- ry nation iu the world, competent t» the raising aud maintain- ing of a regalar army, a primary object hasbeen, to induce noa. commissioned oflicers to feel that respect due their characters' from those of inferior rank; properly to estimate the importance: •f the various duties committed to thera, and rightly to appreei* ate the high responsibility of their stations, These objects ef- [ feeted, the burthen of all is diniiuished, and system and harmo- By are the consequences ; but when it is made the duty of com- Eiission^d officers to travel out of their own, and invade the spheres of Hon-eommissioned offieerst — confusion, contempt for s the authority of both, numberless collisions^ degradation, and aj variety of deleterious eftects must necessarily result ; — same of r these are uahappily hot too discoverable in this squadron at I the present moment, dedueible no doubt froM the conflict of duty and authority above complained of. To remedy this evil, •fl&eers cannot be too particular in exaoting from nen-commis-; sioaeA officers, a ponetual discharge of their respectivQ duties, Tvhile, by their own diguity of condnct and deportment, they will ezemphfy the propriety of proper sense of subordination. Mac being ppone to imitation, will learn every thing faster from e;»- ample thaa precept. In future, after the parade is formed an«J marched to the stables, the dismissal of the men will be at th( discretion of the sergeants of their respective squads, after th( l^roper signal of the trumpet, and hence a formal dismish/^l oi, parade is dispensed with. (Signed) SAMV Eh O. HOPKINS, Capt. Comd'S. [n] " Camp, Genessee River, 22d Nov. 1814. DRAGOONS ORDERS. *' The detachment having arrived on the ground at which it will canton for the winter, every other duty and consideration except guard-mounting, and a regular attention to rvatering aud feeding, will yield to the important matter of putting the men and horses under cover with the least possible deli»). The om n indi« g o ffie ers of troops are charged with the erection ol the stables aud huts of their respective troops, upon the ground assigned them by the Qr. Master j— the size, wanner, anditoroi which has been prescribed, by the lieut tol., will be o^jserved w 59 Ihe buildings. The Qr. Master will issue the tools on hand, in proportion to the strength of the troops re8pectJTeh;"reserving those to be used for tha field and stafFof the detachment, and take the necessary receipts for thera. Six panes of glass will be allowed to each barrack-roora, having regard to the war-office regulations. The commanding officer derives much pleasure from the hope and belief that the utmost exertion of evcfy member of his command will be used to effect this object, so important to the interest of the service, and the eomfort and credit of the corps ; and here takes occasi- on to assure the gentiemcn of this detachment, that his official and indivi- dual aid will at all times be given with pleasure and alacrity. In future, no ©fficsr will leave camp except to attend the working parties, but by special permission of the commanding officer. The Qr. Master in the discharge of his duty, is exempt from this restriction. Privates Romer and Ritter, of capt. Harris's troop, confined for being absent from camp without lea^e, and attempting to rob the citizens of potatoes — Bell of capt. Hopkins' and King of capt. Hall's troop, confined for a breach of the commanding officers orders, in leaving camp without a written permission, are released; — and th« It. col. pledges himself, that the first non-commissioned officer or soldier guilty of a similar offence, or in ariy way acting derogatory to the credit of the detachment, will be punished in the niost exemplary manner. [Signed] JAMES V.BALL, Lt. Col. by brevet Comd'g. 1 certify on honor, that six thousand rations of soap, over and above theli' legal demand, have been furnished to the troops under the command of It. col Ball, at .4von, N Y;.And that when I first began to supply the said troops, it was not in my power to furnish all the small rations, and that while it was the case, I have been frequently sent for by It. col. Ball, and admonished by him on that subject, -with the most earnest requests to use roy exertions to f[ii\,iiL\. »..»! f.*»..i-i. vUvu., utivi vij»v ti\, (viruii<.a !.»» ~;5ii iiij' abstracts, until he saw me settle with, & give my due-bill, through my agent j to his ^r. Master for the deficiencies. Given under my hand this 21st day of February, 1815; JEREMIAH RIGGS, Late Contractors Agent. [Q] " January 1st, 1815, o'clock a. m. ** To Lieut, Col, James V. Ball, Commanding Dragoons. Sir— As an officer I address you ; yesterday 1 received thirty stripes on my bare buttocks, by order of Lieut Anspach, without any trial of a Court Martial. This sort of punUhment -would not have been inflicted by •rder of yourBonor. Your punishment corrects, witheut enraging the culprit. As a man of hBmanity, and aa an officer, the laws of your country will incite you to examine into this affair. 1 care not to have the afiair enquired into, any further tha» to have the abuse corrected; — a regular court-martial does not enrage the prisoner;— i« corrects him.' JOHN ROBERTSON, Private in Capt, Hopkins' Troop. "Dragoon Camp, f lattsburg, 14th July, 1814. *' SIR — I have taken the liberty to enclose you two communications from •capt. Haig upon the subject of his troop. The force and accuracy of the Captain's observations relative to^.he necessity of the vigilant eye of the of. ficer, for the welfare of his horsesi must at once strik? you. Light detack» F 63 roents of Dragoons, unreslrained by the presenct of an officer, vicW- their tour as a party of pleasure, and ride, neglecJ, and abuse their horses without mercy : particulaiiy when in pursuit of deserters, because if bounds are set theni, their linvits are greater. The detached Orderly's of whom he speaks IS another serious injury to the corps— they acquire no other habits than, those of a waiter, and an indolence which excludes all disp(»siiion to recurn to their duty in the line. Will you permit me General, here to ask the favor of you to define the duties of those Orderly's, as I have been told by a gentleman in the adjutant generals department, that whenever de- tailed, I have no right to order them, even as relates to the necessary care of their horses. If that was the case, Sir, few Dragoon officers would willingly feecome responsible for their Cavalry. I beg Sir, you viill not think me disposed to be unnecessarily troublesome, I assure you that nothing but an ardour for the service, and a desire for an «qual QfiporUnity in the field, could have induced me to have tresspassed thus upon your time. 1 am, &ic. JAxMES V. BALL, Lt. Col. Comd'g, Dragoons. His Excellency, Maj. Gen. Geo. Izard,'' [RJ *^ Oreensburg, fPa,J iSthMay, 1815, ''Having been desired to answer certain questions relative to the conduct «t lieut. col. James V. Ball of the U. S. Light Dragoons, I have to maka thefoHowingstatementof facts— it will exhibit answers to Jhe interroga. toriei 60 far as I am predent able to recollect the circumstances. I was on guard during a part of the night preceding the battle at the Misi sissmewa on the 18th Dec. 1812— and was relieved by capt. Butler, betweea two and three o'«1uvK, as ».c.ll a* a itincinuci"; a:>».iii.g vi — J.: — ^ I •anuautnd' ed the guard. Major Ball, officer of the day visited the guard house repeated. ly — admonished us to be on the alert, that from every appearance we would be attacked befsre morning, and appeared during the night to be vigilant and attentive to provide against a surprise. Soon Sifter the action began, col. Campbell came to me at the right of my company — and said ** these Dragoons of capt. Hopkins' will give way unless they are reinforced." I answered the colonel by proposing to march to the as- sistance of the Dragoons, and whilst speaking, major Ball came op and en- quired for capt. Butler's guard. Col. Campbell immediat«ly left me, and in company with major Ball, passed along the line towards the right of capt, Butler's company, who immediately marched across the camp to where capt Hopkins was stationed. Major Ball soon after told m" be had taken capt. Butler's company in preference to mino, because capt. Butler's men were armed with muskets and bayonets, and mine with rifles— and be- cause he calculated the firing with buck-shot would be of more service to us, than with a single ball. After the firing had abated considerably at that part of the camp, to which eapt. Butler had been ordered, and about day light, major Ball pas- sed in rear of my company, to\»^ards the right flank of the camp, he was fol- lowed by some Dragoons of Col. Simrals regiment Some persoa with the Dragoons asked, " where shall we form," major Ball turned round in hi* stirrups and said, I think nearly as follows ** come on my lads I'll form you." He rode a few paces further, and repeated his call. 1 am the more particular in this, owing to my havipj had a conversation soon aftsr on the subject. 1 do not retnember to havese^a Major Ball agala until after the firing buE •eased. 61 The diligence, and care, and skill with which Majm' Ball had prepared for the expedition, had impressed me with a favorable opinion of his mill. tary talents. And 1 assert without hesitation, that the skill, industry, vigi- lance and humanity invariably to be noticed in his conduct, curing our ad- vance into the enemy's country, during the action, so far as I witnessed it, and have it by ini^brmation, and on our return, convinced me 1 had not mis- placed my confidence. And if any thing had been wanting to have firmly established major Ball in my opinion, 1 would have found it in the general and implicit confidence reposed in him by the troops after the action. Thecommunicatisnof lieut. FuUerton, the then adjutant of Major Ball's squadron, furnished by my request, is more explicit than 1 can pretend to be. And lean only add that the conduct of Gol. Ball during the siege of Fort Meigs, and particularly on the 5lhof May 1813, was such as to add to the good character he had acquired amongst his brother officers- .S:id 1 never heard that Col. Ball had done any act to deprive him of the elevated re- putation he enjoyed, as 1 believed meritoriously, until within alate period that 1 have been called on to testify in his behalf. J. B. ALEXANDER. " Westmoreland County, (Pa.) 12th May, 1S15. " SIR, — Having given you an account of the aflTair near L'jwer Sandusky ir> my letter of the 8th inst. I will proceed to state some facts to which 1 was personally a witness, on the other subjects of your letter of the 7th. Lt; Col. Ball, (then major) came to Franklinton in October 1812, where he had been assigned the command of some troops of militia and volunteer Cavalry. His first conflict was with the prejudices and antipathies of vol- lunteers to regular officers. These he had the address, in a great measure soon to overcome. A secret e.xpedition was said to be proposed. His next object was to organise, train, .ind equip hio ooaiiiland fop active ServicC^ lie appointed some staff oflicers, not such as were acquainted with the du- ties of their appointments, but such of the volunteers as he could induce to accept. Ilis squadron he ordered to be daily drilled, fatigue parlies were put upon duty, to cut wood, dig coal pits, prepare horse shoes, maka ammu- nition chests, cartridges, &c. fcc. Scarcely an aiticia of a public kind was -o be had at that time without the greatest exerlion. Some puWic arms ha however, soon arrived and the detachment moved from Franklinton on the 25th November. At Xenia we were met by Capt. Hopkins's Troop U. States Light Dragoons ; here old prejudices again began to shew themselves, but owing to col. Ball's mild, and persuasive method eS treating the subject he got them again quieted without resorting to harsh measures. The troops composing this Squadron, had been hastily collected together from theStates of ^'^•>•nsylv.^nia, Ohio, Kentucky, Tennessee and ths Territory of MichigaH, and consisted of s,;, and twelve months volunteers and militia, and regular troops, and of course were in a great measure unacquainted , with each others manners and customs, and the whole were yet to be in- structed in the rules and discipline •! camp ;— the arduous task of which devolved on colonel Ball. Indeed his whole conduct from the commence- nient to the end of the expedition, was one continual scene of exertion, and indefatigable perseverance, hi the first place he had to procure horses t-- mount some of the volunteers, then swords, pistols, rifles, muskets, -.^^ ammunition which was to be made into cartridges, nor of this was he fur- nished with a sufficiency. What medicines, hespital stores and surgeens i n- strumentswebsd, were ofhis procuring i-dn fact nothing was neglected that 62 •ouldbeh»d. He recommended and iaduced some of the volunteers f#- procure axes &c. of tlieir own, as those that had been imposed on the pub. lie were of the most worthless kind. Notwithstanding all this there was still a great deficiency. The other particulars relative to the march are perhaps as well known to yourself as to rac. On the morning of the 17th December 1312, shortly before the attack on the Indian Town, I was sent by Col. Bali to Col. Campbell, to enquire how he should form his squadron. Col- Campbell directed Col- Ball to dress- by him. — The yelling and firing soon after commenced on the left, Bill's squadron being on the right, had to perform a circuitous route thro' the woods ; he bro't them round at full speed, and formed with their right on the river, facing the town. The firing we nowdlsovered to be at cattle, and a few fugitives atte'npting to mtke their escape. On this occasion lieut. col. Bull caused the ordfips relative to ths plunder to be obeyed, with the most scrupulous exactness, throughout his squadron. It was near dark when 1 was called on to furnish our portion of the guard for the night ; and owing to fatigue, loss of sleep, and fro.sted feat, particu- larly of cap t. Hopkins's men, it was very late before our detail could be furnished. Col. Ball bsing' officer of the day, (of which 1 believe he was not informed until about the time the guard wis called for) mtde every ex- ertion to have them placed v/ith the least possible delay ; and visited the guard and centinels during the night more frequently than was usual; and on his return to his fire, told his messmates that he had little doubt, but we would have some " popping before morning." Aid told me, as 1 had been taking a nap during the day, I should set up by our fire ta be the better prepared, in case of an attack. — His orders were, tl»at one oT eaeh mess sliould also be up to awake the others ; this duty the soldiers were to perform by turns. The advantages of this arranerement were made manifest about ;a o'clock in the morning, when a gun was discharged : every man Wis at his post in an instant. He had also gave directions, in case of alarm, to extinguish the fires, and form the line ten paces in their rear. And in the morning before he ordered the reveille to be beat, sent me along the whole line of our squadron, to have every officer and soldier standing at his arms ; while he informed me he was performing the like duty with the other troops of the detachment. Shortly after the reveille, Ball and Markle were summoned to eol. Camp- bell. They had not been long absent until the attack commenced ; Col Balls voi«e was soon heard giving orders on the right of the squadron. He soon passed along the line to the left, admonishing his men to behave coolly and deliberately ; to pay strict attention to the leveling of their pie- ces and not waste their amunition unnecessarily. About day hr<;aK i aisco- vered that a part of the Irie, occupied by Gap*- ^^tirSle, was very much thined,from the number of wounded, and a few that were employed in car- rying them back. 1 went with the information to Col. Ball ; was directed to where he was, by hearing bis voice, demanding a troop to charge the enemy. Capt. Trotter with a part of his troop followed him across the encampment, towards Markle, where he was joined by Cipt. Mjrkle, and such of his men & Warrens, as could be mounted, for which he had previously given orders. 1 was not with Col. Ball when he called for G ipc. Butler* guard, or when he marched Butlers company to reinforce oar Una. Nov was I present when he procured cartridges from Lieut. Gwinn for Capt. Hopkins's men. But I always understood that it vas Bdl that procured both the men and ammuni- tion. I heard it asserted v^ry freqiently, but n3ver heird it d-^.nied, or heard of any othir oSijer claiinung ths merit of these U-ansactions. 6S After the action col. Ball distributed every particle of Coffee, Sugar &c. among the wounded, and also divided his bacon and biscuit with ihem, and gave a portion of it to other offizers and soldiers that were in want, by which act.« of generosity he had nona for himself, before he returned to Green vUIe. rnaversaw nor heard of col, Bill bafore October 1812, nor have 1 seen bim since the month of August 1813, nor do J know that I ever shall see him again. — But during the ten months of our acquaintance I saw nothing but what tended to convince ma, that he was an officer of the greatest vigi. lance and courage, and a gentleman of the most strict justice and honesty v^hicb, added to his humane and generous disposition, made the most severe hardships be borne with a degree of patience and cheerfulness, that could scarcely be expected from troops of the description he had to command. I am &c. HUMPHREY FULLERTON. JaifN B. Alexander, Esq, Greenshurgh. [t] Frankfort Ky. April 4, 1813. Dear MAJORf I arrived here ssveral days ago, and, as you may naturally conclude, have Bot been an inattentive observer of the truly ludicrous and farcical scene now acting in the capital. The Court of enquiry is in session, but most glad, ly would the inculpators rejoice at its dissolution.— They have merited and received a castigation, at once so complete and severe, that I presume their Military ambition and talenis will, in virtue ot its remeraJjiance, be hence- forth entirely annihilated. — So far from any charge being proved true, they have completely absorbed the whole tissue ."ud black list in feeble and abortive attempts to shield themselves; no longer resting their defencB upon the conviction of their commiinder, they attempt to consume the whole time of the Court in apologising for their cowardice and disorder ; and as to the procurement of a fight out ofany of them ic ware as pissible as for a frail mortal to change the current of the Kentucky River to an opposite direction, or shake the foundation of one of those lofty and romantic clifts Trtiich environ this metropolis — The whole proceeding will corns out in a pamphlet : Aadyoushill have a copy foi- your owj special amusement. I have been very much fluttered by the mxny polite and pleasing attentions with which I have been hoaored since my arrival in Kentucky, in consa- quence ot whii my oTuutpy.-njn are pleased to term my good conduct at Massissin way." Be assured my dear sir, I have not failed to do you justice » and on all occasions te ascribe to your vigilance and bravery the redemption of many souls from death. Col. C— 11, 6)1.5—11 5c Mijor S— 11, are low in- deed in public estimation : I am sorry I could not aid them in the resto- ration of their vvonted fame.— My lips however are closed in relation to them, determining not to loan my name at any time to the ignominious work of destroying reputation. I this day dined with the old hero of Kings Mountain, and at his special request, laid off the plan of our encampment, line and manner of battle — 'Iq was much gratified at what he termed your coolness and judgment in the conflict, and general precaution on the Cam- paign.— You stand higher with him than any body else. And you may rely upon it I did not permit? the residue of the squadron to suffer by a •ompafison with ©ur 60i»panio.i-j in ann^, mny ot" nv.uti h\/e atten^nii c 64 axalt themselves far bej^or.d the elevation that nature Intended for thftm .— The court of enquiry will not adjourn is three or four days to come. — My Father havinnf to go iq the City of Washington immediatel/, thinks it in. dispensible to the protection of my private matters, thatl should go to Hen- derson. For God's sake Major let me hear from you immedUtely, and if possible extend my leave of aosence until the lOih May ; direct yJur letter to Henderson, (Ky.} Remembe? in this request that all things muit bend to my duties as an oftcer, and if it is improper to grant it, or if there is a probability of our being called into service sooner tlian I expect, 1 should bt the last man in the ^rmy to wish the mdulgence.— My old Sweet-hearts and friends all greet me with smiles. It will be like tearing ihe soul from the bodv to leave them again.— My doom however is fixed and irrevoca- ble.— '! Beds of down and essence of roses" wubt be resigned for the cold earth and the fumes of brimstone. Your friend most truly, «,ri>T« S. G. HOPKINS. ERRATA. Vigt S-l6Jh ^^'^•^^J^the letter addresaMto CoL Moiiro5f«"G8loaeI«« 7— See appendix A— read a a. for bulli— read Aii/«. Jl — Iftlt — the reference. a5--9th line for«?Mr readme. 36th line— for tksre read then: 53— In Appendix I for 1815 read 1814. 59— In Do.~(Q) Sth hne dele the word •/. »