I IM.)0. jbfl 
 
 Class 
 Book. 
 
 .1 
 
-< 
 
 ^H<^ll. u. 
 
 THE TRIAL ,. 
 
 BRIG. GENERAL WILLIAM HULL ; 
 
 COMMANDING 
 
 THE 
 
 .rOBTH-WESTERJ^ .IRMF 
 
 OF THE 
 
 UNITED. STATES. ^^"^.^^ ^^xx 
 
 / y LAW ^tW 
 
 COURT MARTIAL 
 
 HELD AT ALBANY 
 
 ON MONDAY, 3d JANUARY, 1814, 
 
 AND 
 
 SUCCEEDING DAYS. 
 TAKEX BV LIEUT. COL. FORBES, 
 
 OF THE FORTY-SECOND REGT. U. S. IXFANTRY, AND A 
 SUPERNUMERARY MEMBER OF 1 HE COURT. 
 
 NEW-YORK : 
 
 PUBLISHED BY EASTBURN, KIRK, AXD CO. 
 
 AT THE IITERARY ROOMS, CORXER OF WALL ASP KJSSAC-STHEliTS. 
 
 1814. 
 
.1 
 
 VllAT Xttn BOWEX, FRIMTCnS. 
 
 J\'o. 13, Fletcher Hitcct. 
 
District of J^etv-rork, sa. 
 Bb it kemembered, that on the twenty-fifth day of July, in the 
 thirty-ninth year of the independence of the United States of 
 America, Eastburn, Kirk StCo. of the said District, have deposited 
 (i. s ) in this office the title of a book, the right whereof they claim as 
 proprietors, in the words and figures following, to wit : 
 " Report of the Trial of Brigadier General William Hull ; command- 
 ing the North-Westem army of the United States. By a Court Martial 
 held at Albany on Monday, 3d January, 1814, and succeeding days- 
 Taken by Lieut. Col. Forbfes, of the 42d regiment United States Infahtry, 
 and a Supernumerary Member of the Court." 
 
 In conformity to the Act of the Congress of the United States, entitled 
 ** An Act for the Encouragement of Learning, by securing the copies of 
 Maps, Charts, and Books to the authors and proprietors of such copies, 
 during the time therein mentioned-" And also to An Act, entitled " An 
 Act, supplementary to An Act, entitled An Act for the encouragement of 
 learning, by securing the copies of maps, charts and books to the authors 
 and proprietors of such copies, during the times therein mentioned, and 
 extending the benefits thereof to the arts of designing, engraving, and 
 vCtching historical and other prints." 
 
 THERON RUDD, 
 Clerk of the District of New-York. 
 
I 
 
INTRODUCTION. 
 
 In presenting to the public a report of the Trial of 
 Wilham Hull, Esq. late a Brigadier General in the service 
 of the United States, it will not, I hope", be expected, that 
 I should offer any thing of my own, in illustration of the 
 proceedings injustification of the government, or in crim- 
 inating or exculpating Mr. Hull. These duties have been 
 committed to abler hands ; my efforts have been studiously 
 applied to collect a correct and impartial transcript of the 
 whole proceedings taken at first, with a view of elucidating 
 the evidence for my own governance, should I have been 
 called upon to pronounce sentence. That unpleasant task 
 did not, however, devolve upon me ; I therefore beg leave 
 to submit the following sheets as " A Report of the Pro- 
 " ceedings of a Court Martial held at Albany, for the 
 ^' Trial of Brigadier General William Hull of" the Armv 
 " of the United States." 
 
 A trial which has excited such a lively interest with 
 the public, was certainly entitled to my greatest attention ; 
 although this has been as far applied to it as was consistent 
 with other duties, yet T am aware that imperfections mav 
 De discovered in the collection and arrangement, and crave 
 the indulgence of the public accordinglv, in submitting 
 among others, the following reasons, viz •' 
 
 General Hull would not listen to any proposals for the 
 copy of the defence, which made an application to the 
 war department for it necessary, whence it was most 
 readily granted. 
 
 The obliging promise of the Special Judge Advocate to 
 larmsh his opening and summing up, has from seme inad- 
 v-ertence,not yet been complied with, and is no doubt de- 
 layed from the multiplicity of hi. avocations. As. the 
 
publication of the proceedings can no longer be withheld, in 
 justice to the public expectation, those productions, so 
 worthy of him, may, on their arrival, form an additional 
 
 appendix. i • i, u 
 
 In thus apologizing for the irregular order m which the 
 work appears, I have to regret moreover, that I did not 
 take down verbatim the summing up by the Honourable 
 Martin Van Beuren, the Special Judge Advocate ; the 
 ability and perspicuity displayed by him extemporaneously, 
 on an occasion so novel to him, excited, I can venture to 
 say, the admiration of one of the most numerous and res- 
 pectable audiences that ever attended a court martial in the 
 
 United States. 
 
 JAMES G. FORBES, 
 Lieut. Col. 42d U. S. Inf. 
 Staten- Island, 10th June, 1814. 
 
 REFERENCES. 
 
 Address by Brig. Gen. Hull, P^g^ ^ 
 
 Examination of Witnesses on the part of 
 
 Pace 16 
 
 the Prosecution o 
 
 Examination on the part of the Accused, Page 121 
 
 Charges against Brig. Gen. Hull Appendix, Page 1 
 
 Documents on the part of the Accused- 
 Appendix No. 2, P-'^g^ * 
 
 Documents on the part of the United States, 
 
 Appendix No. 2, ^•'^g« "^' 
 
TRIAL 
 
 OF 
 
 BBIGABIEJl GEJTERdL HULL, 
 
 ON Monday the 3d of January 1814, the Members de= 
 tailed by the General orders of the 17th Nov. 1813, and by 
 subsequent ones to constitute the Court for the trial of Briffi 
 Gen. Hull (vid. Appendix) assemble at 10 o'clock A. M. at 
 the Columbian Hotel, in Albany, where Brij*. Gen. Hull 
 attended, accompanied by an aid de camp. The names of 
 (he Members having been called over, the accused was ask- 
 ed if he objected to any of them — he replied in the 
 negative, made a short but impressive speech on the oc- 
 casion, declaring his confidence in the honour of the Court, 
 surrendered his sword and retired. TJie members were then 
 sworn, in the order of their rank, and were as follows : 
 Major Gencj^al Henry Dearborn, President. 
 
 Brig. Gen. Joseph Bloonifield. \ fCol. J. R. Fenwick, Artl. 
 
 Col. Peter lAttU, 38th Itcgt. I |= 1 Bohert Bogardus, A\st. 
 
 ' Wm. J^. Irvine 4c'2d do. \.^ ) Lieut. Col. liichard Dennis IGih 
 
 Lieut. Col. James House, .Srtl. ( % \ Samuel <?. Conner, loth 
 
 Wm. Scott. 36th Begt. \ ^ / S. B. Davis, 32d 
 
 ■ Win. Ste-ivart, 3Sih do. ^ * John W. Livingston, A^.iit. 
 
 * Lt. Col. J. G. FORBES, 42d Reg. Stqiei'numerary. 
 Judge Advocate, (special) Martin Yanbeuren, Esq. 
 Army Judge Advocate, Phiiip S. Parker, Esq. 
 
 The Court then determined to adjourn to Wednesday the 
 5th Inst, to meet at tlie Senate-Room, in the Court-House 
 in the Capitol. 
 
 2nd dmj, Wednesday 5th, January, 1814. 
 
 The court met, pursuant to adjournment, at the Senate 
 Chamber.— Col. Carberry, of the 3Sth Reg. one of the mem- 
 bers summoned to attend, appeared j but, as the Court liad 
 been organized previous to his arrival, was permitted to 
 withdraw. Brig. Gen. Hull appeared ; and, as the court 
 
 * TRis g-entlemrsn did not take liis seat until the 6th ds.y. 
 
could not proceed for want of witnesses, (only four having 
 made their appearance) again retired. After several propo- 
 sitions for adjournment, the court at length adjourned to 
 meet at 10 o'clock A. M. on Wednesday, the 12th January 
 at the same place. 
 
 3rd day, Wednesday, 12f/j, January 1814. 
 
 The Court met, pursuant to adjournment — General Hull 
 appeared, and proposed that Robert Tillotson, Esq. should be 
 admitted as his counsel ; which was agreed to. The Judge 
 Advocate acknowledged the receipt of further documents 
 from the war department ; but could not proceed in the trial* 
 as not more than four witnesses had made their appearance. 
 The Court adjourned to meet, at the same place, on Thurs- 
 day, the 13th January. 
 
 Mh day, Thursday, loth, January 181i. 
 
 The Court met at the Senate Chamber, pursuant to ad - 
 journment. Only Seven witnesses having answered to their 
 names, the court, after deliberation, resolved to write to the 
 Secretary at war for permission to adjourn to such other 
 place as the court might think proper, or the President might 
 prescribe, as the proceedings were suspended for want of 
 witnesses — ^Adjourned to Monday 17th January. 
 
 bill day, Mondaxj, ±7 ih January 181 i. 
 
 The court met pursuant to adjournment — the charges 
 against the prisoner were read ', (vide Appendix) to wliich 
 (ien. Hull pleaded— Kot Guihy— in the usual form. It was 
 then proposed that C. D. Colden, Esq. should be the additional 
 advocate in belialf of the prisoner, whicli was granted by the 
 court. 'J'hc witnesses not having yet appeared in sufficient 
 number to enable the Judge Advocate to proceed in tbe trial, 
 the court adjourned, to meet in tlie Ilall of the Supreme 
 rourt, in (lie Caiiitol, at 10 o'clock, A. M. on Wednesday 
 Die IJUh Jattuaiy. 
 
6th daifi Wednesday ±9th January , 181*. 
 
 The Court met pursuant to adjournment — All the members 
 present.— General Hull delivered the followhig 
 
 ADDRESS. 
 
 MR. PRESIDENT AND GENTLEMEN OF THE COURT. 
 
 The court has been pleased to admit that I have a righ( to 
 the assistance of counsel in ray trial — But it seems to bs 
 questioned to what extent I may avail myself of that assist- 
 ance — When the members of the court call to mind the na- 
 ture of the charges which are made against rae, they must 
 perceive how deeply the determination of this question may 
 affect me. Among other tilings, I am charged with treason. 
 The constilution defines this crime to consist in levying war 
 against the United States, adhering to their enemies, giving 
 them aid and comfort. As often as there have been trials for 
 treason under the constitution, (}je most eminent Lawyers, as 
 well on the bench as at the bar, have differed in some opinions 
 as to what should be considered as evidence of the facts 
 which constitute this high crime. 
 
 The greatest talents of our country have been exerted and 
 exhausted in debate on these subjects, and can it be supposed 
 that I, who am ignorant of law as a science, who have no talents 
 for argument, should be able to discuss before you the testi- 
 mony which may be offered under this cliarge, in a manner 
 that can do justice to myself, or be satisfactory to you. 
 
 But, Mr. President, the decision of tliis honourable court 
 on my present application is not only highly interesting to me; 
 but, as it involves an important constitutional question, I can 
 not but think it deeply concerns every member of the com- 
 munity— The proceedings of tliis tribunal will be reniembered 
 as long as there is in existence any history of our country. 
 The rank and character of the honourable members of this 
 court will give a weight and sanction to whatever they ma\ 
 determine ; which will be a precedent that w ill hereafter haxe 
 the force of authority On this ground, as well as in regard 
 to my own case, I am anxious that the important point now 
 before you should be deliberatelv and rijrhllr deiprmincd. 
 
<3 
 
 At the last sitting of tlie court, my counsel were called upon 
 to state how far they supposed their request to assist me ex- 
 tended. In answering this question, which it was not ex- 
 pected would at that time occur, and speaking from tlieimpres- 
 siion of the moment as to what were the rules on this subject 
 to he found in tlic English writers on martial law, and from 
 what they believed to have been the practice in similar cases, 
 my counsel answered that they claimed the right to cross 
 examine the witnesses foi' the prosecution, to examine my 
 w itnesses, and to speak upon any questions of law which may 
 arise in the course of the trial. 
 
 But, sir, my counsel upon consideration are convinced, and 
 they have satisfied me, that their claim was too limited ; and 
 I now with all possible respect, but witli the utmost confi- 
 dence in the legality and justice of my claim, demand that my 
 counsel may be permitted to speak for me on all occa- 
 sions, either in the progress of the cause or in its conclusion. 
 
 I am not about to deny the respect which is due to the 
 English writers which may be appealed to upon this occasion. 
 I admit that we may learn from an cuemy. But I rest 
 the claim I now make upon much higher authority tliaii 
 these writers. I appeal to the constitution of our country ; 
 and I invoke the spirit of reason, justice, and liberty, which 
 has cast off from us those chains which were rivetted upon 
 the inhabitants of the old world in times of the utmost bar- 
 barism, and by which the writers on the English criminal law, 
 whether civil or military, yet feel themselves bound. Before 
 I explain tlu^ grounds upon Mhich I now make a claim, which 
 I have acknowledged is beyond what the rules established by 
 those writers could admit, I beg leave to ask the attention 
 of tiie court, while I examine asMcll tlie foundation on which 
 tiu'se rules rest, as their extent. I"'or upon this latter 
 point it appeared to me, from wl»at passed at the last 
 session of the court, that there was souuMlilference of opin- 
 ion among the members. Some gentlemen seemed to sup- 
 pose that my counsel would only hav<^ a right to examine 
 the witnesses, others t!»at tltcy would have a right also to 
 debute any coHuti;ral questions which might arise. My ob- 
 ject at pvescTit is to show that even by the practice of English 
 
courts martial, and the rules adopted by English wiiiers^ 
 counsel have a right to speak on every question but the 
 final one, vvliether the accused be guilty or not. 
 
 I have said we have none but English authorities on this 
 subject, and this is certainly true ; although a treatise on mar- 
 tial law has been published in this country under a highly 
 respectable name, yet it will be found that the work is u 
 mere compilation from foreign writers, and that the author 
 has adopted not only their ideas, but, in most instances, their 
 \fery words, without having for a moment reflected how far 
 the rules they established were consistent with the rights of 
 personal security, guaranteed to us by the constitution and 
 laws of our country ; and which, in our estimation, render our 
 condition so far superior to that of others of our race. 
 
 I shall therefore confine myself to the examination of the 
 English authorities, because, when I have examined these, I 
 shall have examined all that has been said by our own w ri- 
 ters on the subject. 
 
 I must regret, Mr. President, that the researches of my 
 counsel upon tliis subject have necessarily been so confined. 
 In the situation in which we are placed, we could only 
 have recourse to a few books. 
 
 M'Arthur in his treatise on courts martial val. 2, page 
 42, says, <• It is likewise the practice at courts martial 
 to indulge the prisoner with counsel, or at least amici 
 eurire (or friends of the court) to sit near him, and in- 
 struct him what questions to ask the witness with respect 
 to matters of fact before the court j and they may commit 
 to paper the necessary interrogations which the prisoner may 
 give in separate slips to the Judge advocate, who rcans 
 them to the court, and if approved, (that is, proper to be put,) 
 he inserts them literally in the minutes." 
 
 Tytler, states that it has been the established usage thai 
 the accused are not to be allowed to interfere in tlie pro- 
 ceedings of a court martial by pleading or argument of any 
 kind. 
 
 No question, these authorities would confine the office of 
 counsel to very narrow limits ; and indeed if these are the 
 
8 
 
 proiicr lim'iis of the accused, it would not be absurd to deny the? 
 accused the assistance of counsel altogether ,• for, most cer- 
 tainly, an interference to this extent would only embarrass 
 and do no possible good. 
 
 But tJie first of these authors appeals to their OAvn civil 
 courts to warrant this practice. And they may well eon- 
 sent to do so, because by the laws of England a person ac- 
 cused of any capital crime is not entitled to be heard by 
 counsel ; yet in these cases, says Blackstone, (4 commenta- 
 ries 355) " The Judges never scruple to allow a prisoner 
 counsel to instruct him what questions to ask^ or even to 
 ask questions for him, with respect to matters of fact. For as 
 to matters of law, says the learned and humane author, 
 arising, in the trial, the prisoner is entitled to the assistance of 
 counsel." "Not only upon the trials of issues which dojnot de- 
 pend on the question of guilty or not guilty, (says Judge Fos- 
 ter, one of the most learned Judges that ever graced the En- 
 glisli bench,) but upon collateral facts, prisoners under a capi- 
 tal charge whether for treason or felony, always were entitled 
 to the full assistance of counsel." But if the practice of the 
 English civil laws are to be a rule in this subject, why 
 should only a part, and the most rigorous part of their rules 
 be adopted ? why not permit, counsel not only to examine wit- 
 nesses, but speak upon law points as they may do in the 
 English criminal courts. I can not, however, Mr. President, 
 admit that the practice of either the civil or Diilitary courts 
 ©f a Government, so diflferent from ours in every thing which 
 is a security for the riglits of persons and of civil liberty, are . 
 to be a rule for your government. 
 
 Every commentator who has written on this subject has 
 blusliLd for the absurdity and barbarity of the reasons on 
 vhich this exclusion is founded. Speaking of this rule, 
 Blaokstone says " It is a rule, whlcli, however it may be pallia- 
 ted, seems not of a piece with the rest of the humane treatment 
 of prisoners by t!»e English law. For, upon wliat face of 
 reason can that assistance be denied to save the life of a man, 
 which is allowed him in every petJy trespass?" — Christian 
 in his notes in Blackstone says, " It is very extraordinary 
 (he ussihtancc of counsel should be denied when it is wanted 
 
9 
 
 inost* — that is when it is wanted to defend the life, the hon- 
 our and all the property of an individual."— The censures of 
 judge Blackstone on this inhuman rule of the English law^ 
 have been quoted by M'Arthur himself, and are given as an 
 introduction to the rule which he adopts. But, indeed, as if 
 ashamed of the rule, and as if even the practice of the English 
 courts would not he sufficient to sanction it, he refers us to the 
 practice of the Egyptians, and cites them as an authority for 
 the rule ; and I think sir, he may well have done so ; for 
 probably there was less despotism and barbarism in Egypt than 
 there was in England, in those times when this rule was 
 adopted, and when a prosecution by the crown was in effect 
 a sentence of death, and when the object was to guard 
 against every interposition between the accused and the sword 
 of the King. 
 
 Are we then, Mr. President, in this country to be governeit 
 by rules which are derived from such a source, and hav» 
 originated in such motives ? Shall we adopt rules at which 
 the sense, reason and humanity, of all mankind, sincQ thu 
 civilization of the world, have revolted ? I ask these ques- 
 tions with a confidence that the members of this honourable 
 court when they have considered them — -(and I pray that 
 they will take time to consider them) — will answer them in 
 the negative. 
 
 But, Mr. President, I make a higher appeal upon this oc- 
 casion than to English writers or English practice : I appeal 
 to the constitution of our country ; and if you do not find my 
 claim sanctioned by the letter of that instrument, I am sure. 
 you will by its spirit, which I know must govern the delibera- 
 tions and decisions of this honourable court. — By the amend- 
 ments to the Constitution it is provided that in all criminal 
 prosecutions, the accused shall enjoy the riglit to have the 
 assistance of counsel foi his defence. I know well. Sir, that 
 if this provision be takeil in connection with the context, ant? 
 the instrument be consirued according to the technical rules 
 of law, it will be considered as applying only to civil 
 prosecutions — But, upon this occasion, and in tins honourable 
 court, I look for a disposition that shall trample upon 
 professional quib^ngs. For, by minds that are able to 
 
 B 
 
10 
 
 Roparate and feel the influence of the rays of truth and 
 jnstiee, liowever they may be obscured by words and 
 rorins, Avhen it was provided that tlie accused should have 
 tlie henelit of counsel, how can it be supposed that it was in- 
 tended to confine this provision to accusations before a civil 
 court. Is there any reason that can apply to the admission 
 of counsel before a civil tribunal, that does not apply to a mili- 
 tary court? It is not to be supposed that the judges of a 
 civil court are less learned, less honourable, or less humane, 
 tha?i those of any other tribunal. It is as much their duty 
 to be counsel for the prisoner, as it is the duty of the Judge 
 advocate or of the members of this court to'discharge that 
 charitable office. Can it then have been the intention of the 
 constitution that counsel should be admitted in the one 
 case and not in the other ? In the passage before quoted. 
 Judge Blackstone says, " upon what face of reason can that 
 (vssistance be denied to save the life of miin, which yet is al- 
 lowed him for every petty trespasss?" May I not ask upon 
 what face of reason can that assistance be denied to save 
 t!ie life of man before a military court, whicli yet is allowed 
 him before every other tribunal ? 
 
 Ia'X me once more beg to turn the attention of the court to 
 tlic English writers, from whom the rule now under consid- 
 eration is derived. I think an inconsistency of their reasoning 
 will be most manifest. Mr. Tytler in his treatise, page 221, in 
 advocating the propriety of allowing counsel to suggest inter- 
 rogatories to the witnesses, says, " This benefit the court will 
 never refuse to the prisoner j bccause|in those unhappy circum- 
 stances, the party may either want ability to do justice to his 
 own cause, or may be deserted by that presence of mind' which 
 may be necessary to command op bring into use such abili- 
 ties as he may actually possess." I feel, Mr. President, in 
 its full loice the justice of tliis reasoning. I feel that 1 
 may want ability (o do justice to my own cause, and with the 
 sensations which the accusations now before you excite, it 
 may be that I sirall be deserted by that presence of mind whicli 
 nii^ht eomiirandor bring into use what aiMlities I have. Tint, 
 why (loi's not <his jusf, sound, and humani'i reasoning apply to 
 every stage of the prosecution as well as io\thc examination 
 
41 
 
 of witnesses ? Does it require less abilities op less presence 
 of mind to argue the questions ^vhich may be presented to 
 you : to discuss for instance, what may or may not be trea- 
 son under the constitution and la^vs of the United States ; 
 and finally to arrange and sum up tlie mass of testimony, 
 which, from the number of the witnesses who have been 
 called, it may be presumed will be offci'ed to you, than it 
 does to put questions to the witnesses. 
 
 Anotlier reason assigned, why tlie accused before a court 
 martial should not have the full benefit of professional aid, 
 is that the Judge advocate is supposed to be of counsel for 
 the prisoner. The judges of the American law courts are 
 equally bound to counsel those who are accused before them. 
 And yet the aid of counsel before the civil courts has been 
 thought a right worthy to be secured by the great charter of 
 our liberties. But, sir, our militai'y code has defined how 
 far the judge advocate is to consider himself as the counsel 
 for the accused. By the 59th article of war it is provided 
 that the judge advocate *< shall so far consider himself as 
 counsel for the prisoner, after the prisoner shall have made 
 J»is plea, as to object to any leading question, to any of the 
 wtnesses, or to any question to the prisoner, the answer to 
 which might tend to criminate himself." If this be the extent 
 of the duty of the judge advocate in respect to the prisoner, 
 let me entreat you, Mr. President, and the Iionourable mem- 
 bers of this court to consider, how far the assistance Avliich 
 I have a right to claim from the judge advocate must fall 
 sliort of that aid which I may.require on this occasion. 
 
 I shall trouble tlie court with the consideralion of only one 
 otiier reason, whicli has been urged for not permitting be- 
 fore courts martial the full aid of counsel. It is said by Mr. 
 Tytler, page 91, that this '• aid is not requisite before tliese 
 courts, because they are in general composed of men of abili- 
 ty, and discretion." Certainly, sir, this reason applies Mith 
 its fullest force upon tliis occa«!ion. Is it not also to be sup- 
 posed, that generally the judges of the civil courts are like- 
 wise men of ability and discretion ? and if tliis reason will a>>- 
 ply to exclude counsel in the one ease, why docs it not in the 
 other. In fact, Mr. President, tho military courts of Kngland 
 
IS 
 
 have takesi (bis riile, as they have most of their other rules 
 for eouducliDg prosecutions, from the practice of their civil 
 courts. But the constitution having in this respect changed 
 the practice of our civil courts, is it not reasonahle and just 
 that our military tribunals should conform their practice to 
 the practice of our civil courts ? But, sir, whatever reasons 
 may be urged to exclude professional aid on the part of 
 the prisoner, let me ask with great respect, why they will 
 act equally apply on the part of the prosecution — and yet 
 it is most evident that the officers of the Government, who 
 have instituted this prosecution, have not felt the force of 
 tliose reasons : If they had, they would have left the prosecu- 
 tion to be conducted by the military prosecutor — and yet, 
 sir, you see, to the charges which have been drawn up against 
 iTie, the name of one of the most eminent counsel in the 
 United States : and I find enlisted against me, in aid of the 
 military Judge advocate, a professional Gentleman of this 
 State not less distinguished for his talents. If technical 
 learning is to be excluded upon these occasions, how does it 
 happen, Mr. President, that the charges now before you are 
 obscured by such an abundant verbiage, and distorted to so 
 many diifercnt forms, that it is almost impossible for any 
 hxit a professional man to understand -them ? — I hope sir, 
 that there are no courts in our Country whether civil or 
 military, however otherwise it may be in England, where 
 there is one rule of justice for the prosecution, and a different 
 one for the accused — as to the practice in this Country I can 
 say hut little. I will only add, that one of my counsel informs 
 mc that he has been engaged as counsel for the prisoner 
 before two naval courts martial ; and that, in both instances, 
 lie was allowed to interrogate the witnesses and to argue all 
 questions v.hich p.roso, as fully as he might have done in a 
 civil court, lie <lid not ask to be permitted to sum up the 
 evidence, because he acquiesced in the authority of the 
 Knglish writers ; but which he now licliovcs, i'ov the reasons 
 I have assigntid, ought not to govern in this country. 
 
 Mr. President, my life, my character, every thing that is 
 dear to me in (his world is at stake. I have not ability to 
 ^rianagc my own cai;se. Reason, justice, humanity, the con- 
 
43 
 
 stitulioa aiid the laws of my couutry, give me a right to 
 professional aid in its fullest extent ; and! pray to be permit-" 
 ted by the court to avail myself of it. 
 
 I beg leave, Mr. President, to add a few words before I 
 leave this interesting question to the consideration of the 
 court. Though sir, a sense of my own inability for an 
 occasion of this kind, makes me earnestly solicitous to be 
 permitted to avail myself of the full aid of counsel ; yet I can • 
 not conceive that the nature of the testimony will be 
 such as to make me desire the interposition of my coun- 
 sel; and I have every reason to expect from all I 
 have observed, the utmost liberality and candour from the 
 judge advocate : The court may be assured that it is neither 
 my intention, nor the intention of my counsel to occupy 
 the time of the court by the discussion of legal subtilties, or to 
 niaketechnicle objections, I promise the court that I shall not, 
 if it should be in my power make any objections to matters of 
 form of any kind, nor shall I suffer my counsel to make them. 
 I stand upon my innocence, and all I wish is a fair opportu- 
 nity to prove it. I have already suffered too much in my feel- 
 ings, and in my character by the delays which have taken 
 place, to wish to postpone for a moment the final decision of 
 my case. 
 
 Permit me, Mr. President, to avail myself of this opportu- 
 nity to make a suggestion which is not connected with the 
 subject of the foregoing address, but which is hardly less 
 interesting to me, I am ready for my trial— I am anxious that 
 it should proceed. But, sir, if the trial were to commence, 
 and if the court after having examined in public some of the 
 witnesses for the prosecution, should then adjourn for any 
 length of time, the court will perceive that it would be tlie 
 utmost hardship upon me. The testimony here openly given 
 against me would be abroad, and v.ould make its impression 
 on the public mind ; while the examination of exculpatory 
 
 testimony would be defci-rcd to a distant day I have already 
 
 too severely felt the effects of public prejudices, and expartn 
 relations, not to wish tliat no further opportunity may be given 
 for them — I hope, therefore, that it will be uuderstood by 
 the court, when the Judge advocate eommenecs the trial, (hat 
 
14 
 
 he is ready to pTocectl with it, and that the progress of the 
 cause is not to depend on the arrival of witnesses who may 
 
 lie filjscnt* 
 
 Tlie court agreed to deliberate upon the subject of tliis ad- 
 dress, and evinced a disposition to indulge the prisoner as far 
 as their duty to the public would admit. The court was ac- 
 cordingly cleared, when the address of Gen. Hull was read 
 and considered. Upon its being again opened, the opinion 
 of the court was—" that the communications by the prison- 
 er's counsel should be made in writing through the accused." 
 
 Lt. Col. Forbes took the necessary oaths, and was admitted 
 to a scat ; after which the court adjourned to Wednesday, 
 26th Jan. 
 
 Seventh day, Wednesday 26f/i, Jan, 1814. 
 
 The court met pursuant to adjournment, all the members 
 being present. The special Judge advocate (the Hon. Mar- 
 tin Vanbcuren) addressed the court on opening the case, and 
 read the following 
 
 DOCUMENTS. 
 
 The order of arrest, by Adjutant General Cushing against 
 
 Biig. Gen. Hull. 
 The discharge from parole of Brig. Gen. Hull by Col. 
 
 Barclay, British agent for prisoners. 
 Letters from the Inspector General A. Y. Nicoll, IVos.l, 
 o, 3, from the war department, detailing the ofticers to 
 composes the court martial for the trial of the accused. 
 A letter from Brig. Gen. Hull to the Secretary of war, 
 
 dated 3rd April, 1809. 
 \ letter from the same to the same, dated 25th March, 1812. 
 Two letters from the Secretary of war to Gen. Hull, both 
 
 of April 'Jib, 1812. , . , „a 1 „«.! 
 
 Two letters feoiv. the same to the same, dated 23rd and 
 
 25Kh May, 1812. ^^ 
 
 A letter from the same to the same, dated 16lh June, 181 ^. 
 
15 
 
 Two letters from the same to the same. Dated 1 8 th June 
 1812. ' 
 
 A letter from the same to the same. Dated 2ith June, 
 1812. 
 
 Two letters from the same to the same. Dated 2nd and 
 
 26th July, 1812. 
 Three letters from the same to the same. Dated 19th 
 and 19th July and 11th August, the receipt of which was 
 not acknowledged by Gen. Hull. 
 Contract for provisions. Dated 8ih August, isi^ 
 A letter from Brig. General Hull to the secretary of war 
 
 Dated 17th April, 1812. 
 Two letters from the same to the same. Dated Pitsbur- 
 
 26th and 28th April, 1812. *' 
 
 A letter from the same to the same. Dated MarieUa, 
 
 3rd May. 
 Three letters from the same to the same. Dated Cincin- 
 
 nati, 8th, 13th and 17th May, 1812. 
 A letter from the same to the same. Dated Davton 
 
 23rd May, 1812. ' 
 
 A letter from the same to the same. Dated Camp Meiers, 
 
 26th May, 1812. ^ 
 
 The speech of Gov. Meigs to the army of Ohio. Dated 
 
 25th May, 1812. 
 A letter from Brig. Gen. Hull to the Secretary of war. 
 
 Dated Dayton, 23rd May, 1812. 
 A letter from the same to the same, dated, Staunton, 3rd 
 
 June, 1812. 
 
 ^'"' 'tt'.frrJIl' ''T '' *'" ^^"^^- ^-'''' Urbana, 
 9th, 11th, 12th, and 13th June, 1812 
 
 A letter from Lieut. Col. Miller to the Secretary of war. 
 
 Dated, Urbana, 12(h June, 1S12 
 A letter from Brig. Gen. llnll to the Secretary of war, 
 
 Dated, Urbana, irth June, 1812 
 A letter from the same to the same. Dated Camp ^eces- 
 
 ^ity, 2ith June, 1812. 
 A letter from the same to the same. Dated Fort Finlav, 
 
 2ath June, 1 812. 
 Return of (he force of the army on 2S(h June, 1812. 
 
16 
 
 A letter from B. Gen. HuU to the Secretary of war. Da- 
 ted, 2ith June, 1812. 
 Two letters from the same to the same. Dated, Detroit, 
 
 7th and 9lh July, 1812, (the latter not read.) 
 A letter from the same to the same. Dated, Sandwich, 
 
 Upper Canada, 13th July, 1812. 
 A proclamation by Brig. General Hull, dated 12th July; 
 
 1812. Published 20th July. 
 Four letters from Brig. Gen. Hull, to tlie Secretary of 
 war. Dated Sandwich, 9th, 10th, lith, and 19th July, 1812. 
 A letter from Col. Cass to B. Gen. Hull. Dated 17th 
 
 July 1812. 
 Eight letters from B. Gen. Hull to the Secretary of war. 
 bated Sandwich, 20th, 21st, 22nd, 28th and 29th July, 
 and 4th, 7th August, 1812. 
 A letter from the same to the same. Dated, Detroit, 8th 
 
 August, 1812. 
 Articles of capitulation. Dated, Detroit, 16th August, 1812. 
 
 and supplementary articles of the same date. 
 A letter from B. Gen. Hull, to the officer commanding at 
 
 the Rapids. Dated 17th August, 1812. 
 A letter from Major Gen. Brock to Brig. Gen. Hull. Da- 
 ted 15th August, 1812. 
 A letter from Brig. Gen. Hull to Major Gen. Brock. 
 
 Same date, in reply. 
 A letter from Brig. Gen. Hull to the Secretary of war. 
 
 Dated, Detroit, 13th August, 1812. 
 Two letters from Brig. Gen. Hull to tlic same. Dated 
 
 Montreal, 8, and 26th Sept. 1812. 
 After which tlie court adjourned to the next day. 
 
 Eislith day, Thursday 27t/i Jan. ISli. 
 
 The court met pursuant to adjournment ; when, findiug 
 that many of the witnesses appeared, it determined to pro- 
 ceed : upon which the Judge advocate called upon Brig. Gen. 
 Lewis Cass ; who, being duly sworn, was proceeding with 
 his narrative, when a member of the court suggested the 
 propriHv of all other juM'sons presml. Mho had been sum- 
 
liioned as witnesses, being directed to retire during tlie fex- 
 nmination : No objections to their presence, however, ^lere 
 made on the part of the prisoner, and they were permitted 
 to remain. General Cass proceeded in his evidence, and stat- 
 ed, that he was with the north-western army at Dayton, 
 and had command of the 3d. Regt. of Ohio militia.— that the 
 virmy was joined atUrbana, by the ith. Regt. of U. S. Infan- 
 try, under Colonel Miller,— that he (witness) arrived at the 
 Miami, oji the 29th or 30th June. That he never saw Gett. 
 Hull disciplining, reviewing, or manoeuvering the troops in 
 any way from their arrival at Detroit to the time of surren- 
 der. That orders were issued ; but that he does not know 
 whether there was an orderly book or not. That he was at 
 the rapids when General Hull hired a boat about the 1st July ; 
 that he does not know that General Hull had a knowledge of 
 the war having been declared ; and that he had not had any 
 conversation with General Hull previous to that time, which 
 could induce General Hull to believe that war was declared—. 
 that he does not know what papers were in the boat— that about 
 40 or 50 men, invalids, his (witnesses) own servaiit, and part of 
 his baggage were in it. That he did not examine the fort at De- 
 troit very accurately, but thinks that some of the embrasures 
 w ere defective and wanted repair, and that the platforms were 
 in some measure defective. That he does not recollect the guns 
 and gun carriges. That the pielieting was in remarkably goodf 
 order, and as good as he ever saw ; and that he never saw any 
 repairs made either before or after the army went into Cana- 
 da. That the troops passed over into Canada on the 12th or 
 ieth of July (he could not be precise in the time) and con- 
 sisted of nearly the whole of the force, excepting invalids an(3 
 about 100 men of the drafted militia of Ohio— that they landenj 
 in good order at Amherstburgh, at about eighteen miles dis- 
 tance ; and that the main body of the army left Canada about 
 the 8th August; about 150 or 200 men remaining in their 
 original position for two or three days, in a stockade built ora 
 the banks of the river; and which was afterwards destroyed. 
 That there were about 250 or 300 British regulars at A mherst- 
 burgh, according to the estimate given to Gen. Hull by the 
 deserters, who came over in hundreds.^General Cass further 
 
 c 
 
18 
 
 stated— That when the army laiiaed in Canada, the militk 
 Ibrce there was estimated to be very considerable 5 but that 
 before the army left that side of the river, this force was 
 supposed to have been very much reduced; probably, and ac- 
 cording to the conversation in the American Camp, to one hun- 
 dred. — Gen. Cass believed that from the day of the avvival of 
 the American army in Canada, the militia men, who were cal- 
 led into the service at Maiden, came over to the American 
 Camp, took protection from Gen. Hull, and, within the last 
 fortnight of the army's stay there, the greater part of them 
 left the camp for their own homes, as Gen. Cass supposed. 
 
 Brig. Gen. Cass further stated, that when the army first 
 went over, but few Indians had joined the British, and that 
 most of those on our side the lake appeared friendly— that 
 few apprehensions were expressed by Gen. Hull, mitil the 
 fall of Michilamacanae — that Tecsumah was at Maiden Avhci* 
 the army arrived at Detroit, as was also Marplock, with a 
 hand of the Pottowatomies, but not a numerous one. The 
 witness could not state precisely any conversation of Gen. 
 Hull as to the force of Indians at Maiden, or their designs- 
 he supposed the fall of Michiiamackanae was known to the 
 American army about the 25tli, or from that to the end of 
 July ,• he could not say whether the fall of that place encour- 
 aged the Indians to join the British, or not : but that no In- 
 dians, to his knowledge or belief, from thence, arrived at 
 either Maiden or Detroit (certainly not at Detroit) until 
 three days ftftcr the surrender- he stated however, that about 
 the time of the fall of Michilaniaeinae the Wyanots were 
 either enticed or taken over by the British into their province. 
 
 A ]Map by the English wai here presented and admitted 
 to be good, with some few irnimportant inaccuracies— viz. 
 The American army did not land at the place described in 
 tfie map, but Inflow Hog-Island, I\o redoubt was thrown 
 up in the encampment as described in the njap. From 
 Sandwich to the river Vux Canards lies an open country, cul- 
 tivated for many years, for a distance of about J 2 miles, 
 along or near the river — The river Aux Canards is a small 
 stream, but deep- -about thvecrods over, perhaps not somuehv 
 
19 
 
 nod has a bridge : thei-e is an open prairie ground from the 
 Camp towards Mahlen, for the space of about 1 1-2 miles, 
 near whieli tlie ground is bad for marching troops, — the 
 whole distance from Sandwich to Maiden is quite level. 
 
 A sketch of tlie military post at Amherstburgh was next 
 produced, and admitted to be correct, and as having been 
 taken from Gen. Proctors' trunk — Gen. Cass tlHJn stated 
 that he had examined those works since the British left 
 them — that, as to the fort, it is only an outline — that from 
 jpresent appearances the north and the west sides could never 
 have been defended — that the east and west sides appeared 
 to have been rendered defensible a few weeks before the ar- 
 rival of the American army in Canada — that the whole work, 
 as well curtains as bastions, appeared to have been originally 
 ilesigned to be constructed of earth — that on the north side 
 ihere was a small curtain of earth thrown up, with a narrow 
 and shallow ditch ; but that the east side is now become a very 
 good curtain of earth, secured by logs — tliat the works of 
 earth are fresh, and appear to have been made a few months 
 previous to Gen. Harrison's landing there— that the west side 
 eould never have been very difiicult of approach — and that 
 the whole of tlie works could be commanded from ground 
 about a quarter of a mile up the river, as a person walking in 
 the fort may be seen from that place. 
 
 Gen- Cass, in continuing his evidence, stated that he had 
 examined (but not minutely) the fort, before General Hull 
 crossed, and was of opinion that the works were not defen- 
 sible, Avhich opinion he declared to Gen. Hull, in a conver- 
 sation with that officer — also, that he knew Gen. Hull to have 
 been at Maiden, oftener than once. Witness declared that, 
 on the marning on which the army crossed the Detroit, it 
 was his wish, and, he believes, the wish of most of the officers, 
 to proceed directly and take a position near the river Aux 
 Canards: that the reasons assigned for halting at Detroit 
 were to give an opportunity to the Canadian militia to desert, 
 and to take some heavy cannon — he further stated that, a day 
 or two after crossing the river, Colonel M' Arthur was sent 
 with a considerable portion of his Reg. about 60 miles up the 
 river French, to secure a quantity of flour and some public 
 
20 
 
 property— that diuiag his absence Gen. Cass requested per- 
 mission of Gen. Hull to reconnoitre the ground between Sand 
 wich and Maiden— that he was granted about 280 men under 
 Col. Miller, and proceeded for that purpose— that the detach- 
 ment took possession of the Bridge Aux Canards, and that the 
 Er^^isli picquet guard fled on their approach— that the witness 
 and Col. Miller considered this bridge as presenting the only 
 point of approach to Maiden, and in consequence sent two mes- 
 sages to G. Hull (the latter one a joint note) staling that it was 
 the opinion of the officers that the bridge ought to be main- 
 tained—that, in answer to the verbal message, a peremptory 
 Older was sent to return — to the written one, a note was re- 
 turned, that on account of the distance from the Camp, and 
 tho necessity of procuring cannon, as well as on account of 
 imcasines^, concerning Col. M'Arthur, in his opinion the bridge 
 ought not to be kept; and finally referring to them the dis. 
 cretion of keeping it — that, after part of the 4th l?eg. joined 
 them from the Camp, a consultation of pfficcrs was held, w hen 
 it was determined to abandon ihf^ l)ridge, under an impression, 
 by an almost unanimous opinion, tliat Gen. Hull should have 
 taken the responsibility and not they— the detaclnncnt re- 
 turned to Camp, as did also Col-. M'Arthur— that several de- 
 tachments were afterwards moved to the same place, the ob- 
 ject of which the witness did not then recollect. One de- 
 tachment under the command of the witness to reinforce 
 Gen. M'Arthur, upon a report Avhich proved to be false — 
 another, under Col. Findlay, was also sent and returned — 
 another, under major Denny, the object of which was not 
 Jinown to the witness, was attacked and driven in— another to 
 the river IJaisin, under Major Vanhorne, to convoy some pro- 
 "visions Capt. Brnsli was bringing from Ohio; which detach- 
 ment, consisting of about 200 riflemen, of the Ohio volunteers, 
 was attacked and defeated. Witness stated that the insufli- 
 f'iencyof the detachment was represented to Gen. Hnllln the 
 most earnest manner by himself Col. M'Arthur and Col. 
 Findlny— for reasons given in a long convention, Gen. Hull 
 ronsicU'red it as competent— while tlic colonels declared (heir 
 /'onvicf ion that it would be defcatcd-Gcn. Cass further stated. 
 
SI 
 
 that the report made by him in a letteu to Gen. Hull, im<lep 
 date of the 17th July, is a correct statement of the transac- 
 tions of the detachme nt under his command, and that of Col. 
 Miller. There were no other operations by that detachment : 
 also, that Col. Miller moved to Brownstown, but whether be- 
 fore or after the evacuation of Canada, he does not remember. 
 That soon after the army had crossed into Canada, a council 
 Avas called of officers commanding corps, and all tlie field-of- 
 iieers ; when the question put to the council was " Whether 
 Maiden should be attacked ?" that Gen. Hull stated, that in 
 two days carriages for heavy guns would be ready and cannon 
 mounted— The council, witness believed, was unanimous for 
 an immediate attack upon Maiden ; and nearly a moiety of 
 the officers was for proceeding without waiting for cannon- 
 a small majority was for waiting two days, if cannon could be 
 obtained by so doing — the cannon were mounted after waiting 
 about that time— that Gen. Hull told tlie witness that he con- 
 sidered himself pledged to lead the army to Maiden, and that 
 the Officers and men, with scarcely a single exception, were 
 ardent to go against that place— Witness thinks, that the day 
 Gen. Hull ordered the army to re-cross the river Avas the 
 one which had been fixed for the attack of Maiden ; and says 
 that there was an universal spirit of dissatisfaction, and a 
 feeling of indignation through the army on the promulgation 
 of tliat order. The court adjourned to the next day. 
 
 9t1i, day, Fridaij 2Sth January, 1814 . 
 
 The court having met, pursuant to adjournment, the ex- 
 amination of B. General Cass was continued : That officer 
 stated, that an order for the march of the troops to Maiden 
 had been issued, which he did not yesterday remember; that 
 on coiiversing since with some gentlemen, he has since recol- 
 lected that there were other detachments, besides those men 
 tioned by him yesterday, sent from Sandwich; one ofwhich^ 
 under Capt. Snelling, was to the river Aux Canards ; but for 
 what purpose it was sent, or of Avhat number it consisted he 
 does not recollect : another detachment was under a Mr. For„ 
 syth, to BeJIevuc, the property of Lord L. but whether this was 
 
3S 
 
 part of the de(achment under Col. M'Aithup or not, >vitness 
 does not recollect : it brought down a considerable number of 
 sheep, to the amount of several hundreds, which were taken 
 care of at Detroit and its environs, when surrendered : wit-^ 
 ness further stated that there were several councils of wa^- 
 held before the army evacuated Canada, besides the one de- 
 tailed yesterday : one at which two ofHcers of artillery 
 were present : when the question arose " Jioxv lica'oy guns 
 were to he got down the river to MaUen'^'' those twoofiicers 
 thought it would be a di/Ticult matter to effect, as there was a 
 bridge over I'urkey Creek, 3 miles north of the river Aux 
 Canards, over which they thought the guns could not be ta- 
 ken I those guns were on board of floating batteries -, iliey 
 were therefore of opinion that they should be carried down 
 the river, on those floating batteries, to the northward of 
 that creek : witness does not recollect whether, at the time 
 the council Mas held, the guns were on board the floating 
 batteries : another objection, made by those two gentlemen 
 10 the river Aux Canards, was, that tJie Queen Charlotte 
 might prevent the passage of the guns. Gen. Cass then stated 
 that the two artillery officers diflered from all the Infantry 
 oflicers as to tlie transportation of the guns down the creek 
 and river : the former thought there were difliculties which 
 the latter thought might be surmounted; this council was 
 after that mentioned yesterday, but before the order was is- 
 sued for the troops to march to Maiden-— several other 
 meetings of officers were called by Gen. Hull. 
 
 Gen. Cass next stated, that the troops commenced their re- 
 treat from Canada on the 8th August, a little after dark, and 
 were crossing all night -, and that the order for so doing was 
 issued about the evening of the same day— and that he is the 
 more coiiUdent in this opinion from the sensations it created 
 in the camp. Ho says tiiat the militia force of the enemy was 
 daily decreasing; wliilo no addition, that he knew oi; was 
 made to tiieir force, excepting that of the M^Aandots, who 
 live opposite to Maiden and on the American side— he does 
 not recollect any previous conversation of Gen. ilull's on 
 !ho cxpcdicucy of the evacuation of Canada. 
 
23 
 
 The witness, proceeding in his evidence, said, that the 
 British commenced the erection of two batteries nearly op-« 
 posite to Detroit, on or about the 10th August, and that no 
 measures were taken to prevent the erection of those bat- 
 teries before he left Detroit— that tliosc works were carried 
 on hy the enemy in open sight of the American army— that 
 the river is about 1100 yards across, and the ground about 
 the same height on both sides — that he is not prepared to say 
 whether or not application was made to Gen. Hull to fire 
 upon the enemy— that he did hear Gcu. Hull state, before the 
 evacuation of Canada, that the amount of musket cartridges 
 and of fixed ammunition was large, but docs not recolleet 
 what that amount was— that the want of ammunition was 
 never stated in any of the difierent councils as an objection to 
 military operations— and that he understood tliat Gen. Hull 
 had ordered a quantity of ammunition to be brought. That 
 the situation of the army with respect to provisions was a sub« 
 jectofvery frequent conversation between Gen. Hull and the 
 officers— that he never knew or understood that the army was 
 in want, or likely to want. That there was a large quantity 
 of meat in the country surrounding Detroit, on the American 
 side, sufficient to last tlie army for several months— that he 
 understood from Gen. Hull that, exclusive of a quantity of 
 flour, a large quantity of wheat was to be purchased and 
 ground on the spot ; there being two horse-mills and one 
 wind-mill about 8 miles from Detroit, besides water-mills- 
 hut he cannot say whether those mills were in operation— thai 
 his impression was, that there was a very considerable num- 
 ber of cattle at the river fiaisin, but not the same proportion 
 of flour— that is, of provisions sent thither by the State of 
 Ohio— that his opinion, founded upon the opinion of the in- 
 habitants and upon experience, was, that provisions might 
 have been procured tliere sufficient for the support of the, 
 army for 3 or 4 months— that Gen. Hull had lived in thai 
 quarter for several years before-and that the resources of 
 the country were a subject of general conversation, as well as 
 of conversations with Gen. Hull. 
 
 Gen. Cass then said that he left Detroit on the lith An- 
 gus t in the evening, with a detachment of about 350 men 
 
2-i 
 
 audcr Col. MMrtliur. sent by General TiuU lo open a com- 
 inunication with the river Raisin — tliis detachment war 
 oqually from the regiments eommandcd by Col. M'Arthur 
 and the witness — that Gen. lliiil liud received a letter, on 
 the morning of the lith, from Capt. Brush, advising him 
 that he would, on a certain night, leave the river Haisin by 
 a path which doubled the distance to Detroit, but which was 
 deemed more secure than the shorter one — that this detach- 
 ment was not furnished with provisions when marched off— 
 they were to marcli 2i or 30 miles — he believes there was an 
 allowance for provisions — that, after marching till about 
 r.iidnight, the troops lay down, and early on the ensuingi 
 inoj-ning recommenced their march, which they continued 
 all day ; that, towards the evening of the 15lh, some mounted 
 men were dispatched todcscover, if possible, a trading house, 
 said to be half-way to tlie Raisin. That when the detach- 
 nient was half a mile on its return T which it was foun<i 
 necessary to do) there was an order received from Gen. Hull 
 to return ; the men had had nothing to eat but corn and 
 pumpkins taken from the adjacent fields. On their return, 
 and when near Detroit they killed one or two oxen. The 
 orders to the detachment were to proceed until they met 
 Capt. Brush, which tliey expected 'to do on the 2d day 
 after their departure ; tliat on the evening of the 15th Au- 
 gust, at dark, a note v.as received by Col. M'Arthur from 
 Gen. Hull, stating that Gen. Brock, who had come to the 
 opposite side of the river, had sunjmoned Detroit to suiren- 
 der, and directing him to return : that they marched so 
 late that night that nmny of the men could not support the 
 fatigue, and resumed the march very early the next morning j 
 ifhat they heard cannonading at Detroit, and, when within a 
 mile and a half or two miles of that place, met a Frenchman 
 who <lcclared that Detroit had surrendered to the Bi'itish ; 
 that they then fell back 3 or -i miles, to an advantagious post 
 on the river Rouge, where there was a bridge, at which they 
 Thought (hey could defend themselves, and ascertain whether 
 the fort had really surrendered or not ; the intelligence was 
 soon cunfirjijcd by dciserters from the fort. That a council 
 
if>f Officers was then held, to consider what course shouM be 
 pursued. In this council it was considered that 1-Mli or per- 
 haps l-3d of the detaehment could make good its retreat to 
 Ohio, and therefore it was determined to send in Capt, 
 Mansfield with a flag to the British commander, to inform 
 him that if there Avas an unconditional surrender, they (the 
 detachment) were prepared to defend themselves ; but, that 
 if there Mas a condition in the capitulation, that the detach- 
 ment might return to the United States, they would avail 
 themselves of that condition. That, one hour after Capt. 
 Mansfield's departure, a flag was sent out by Gen. Brock, 
 with a letter, as witness believes, from Gen. Hull, stating 
 that the detachment was included in the capitulation, and 
 requiring its return-— that Capt, Mansfield also return- 
 ed, and said that the detachment had been included in the 
 capitulation : upon which it did return to Detroit and sur- 
 rendered itself. Gen. Cass further said, that when he left 
 Detroit for tlie river Raisin, the troops were in good health 
 and spirits; that is— to meet the enemy; but were unpleas- 
 antly situated. Being asked by the court Avhat he meant by an 
 unpleasant situation, the witness answered, that the Ofllcera 
 and men had lost all confidence in the commanding Oflicer— • 
 that this was not a niatter of mere private opinion, but waa 
 the general expression and feeling. The witness said that 
 the character of the Michigan militia stood high. That: 
 when the detachment approached Detroit on the south-west 
 part, and afterwards struck the river at Spring Wells, atid! 
 inarched up the river to Detroit, on the morning of the 
 16th August, when they heard of the surrender, it would 
 have be^n in the rear of the British : which was a circum- 
 stance the British had been apprehensive of. 
 
 The witness now, resuming his evidence on the chargesi 
 generally, further stated, that he never saw much neglect of 
 duty on the part of Gen. Hull before crossing the river afi 
 Detroit, except at Urbana and Dayton, where there were 
 opportunities of disciplining the troop*. 
 
 T> 
 
ilfiestioh hj the Court. — Was there no order for thiitpar-' 
 pase ? • 
 
 AVitncss (lid not recollect any order, nor any appoint- 
 ment made before the arrival of the troops at Detroit, ^vhen 
 Capt. Rickinan was appointed ; he never saw Gen. Hull either 
 discipline his troops, or review them ; or visit the guards or 
 the sick J or attend to the police of the camp ; or reconnoitre 
 the country ', or appear on j^rand parade ; or perform any of 
 those duties prescribed to General Officers. 
 
 ^icstion hij the Cuuvt — Were there never any orders 
 issued ? 
 
 A. Not to witness's recollection. 
 
 Q. Were there not field-officers who reported to G. Hull ? 
 
 A. There were. t7pon recollection, the witness said ho 
 ^aAv Gen. IIjiU at Dayton teach a eolumrt to change front ; 
 and, when tlie troops marched from Dayton, Gen. Hull 
 gave the word of command, which witness never after heard 
 him do. lie never believed Gen. Hull guilty of treason ; 
 never w&s in action with him, and knows nothing of his 
 courage j but considered him an inattentive officer. 
 
 GEN. CASS TV' AS THEN EXA^IIXEl) BY THE COURT. 
 
 Q. Were there any artillery oiRcers present at the conn 
 cil prior to that in which the attack on Maiden was deter- 
 mined on ? 
 
 A. I do not recollect^ but believe Capt. Dyson was 
 present. 
 
 Q. Was there any new impediment to the passing of the 
 cannon ? 
 
 A- I neither knew nor heard of any. 
 
 Q. Did tiie anny retire from Canada in good order ? 
 
 A. 'J'herc was not much order witli new tjoops in a re 
 treat by niglit. 
 
 Q. AVas the order to retreat the act of a countiK or (he 
 individual act of the Geneial ? 
 
 A. 1 nevir heard of any council. 1 know it was stronglj 
 opposed by the army. 
 
 Q. Had you any reason to know tliat Gcu. Hull wa? 
 acquainted with the detachment under to). IM'Arthur's beinp: 
 
f 
 
 on its return to Detroit, or was any messenger seut to advise 
 the General of it ? 
 
 A. The dragoons were sent to reconnoitre, but returned oj^ 
 account of the Indians. 
 
 Q. Do you know the cau§e of the sudden retreat from 
 Canada ? Was there a large force in the neighbourhood ? 
 
 A> After the fall of Maekanae (Michillimakanack) Gen. 
 Hull appeared to be under great and severe apprehensions, 
 and apprelicnded a great force from that quarter. I also be- 
 lieve he saw two letters, one from Gen. P. B. Porter, and the 
 otlier from Gen. Hall, stating that Gen. Brock was uiarchr 
 ing up. I believe these letters were received by Gen. Hull 
 after the surrender of Detroit. 
 
 BRIG. GEN. CASS WAS NOW CROSS-EXAMINED BY THE 
 PRISONER. 
 
 Q. Who where the officers who applied to Gen. Hull for 
 an order of battle ? 
 
 A. I think CoL IM' Arthur, Lt. Col. Mills, and Lt. Col. 
 Findlay, applied ; but the paper shewn (here a paper marked 
 <« Yanbeuren C" was shewn) was not the order of battle 
 agreed to by the officers. 
 
 Q. Was not the order of march just shewn, published or 
 made known to the army ? 
 
 A. I do not know ; but presume it was. 
 
 Q. Had you any conversation with Gen. Hull respecting 
 ihe despatch of tlie vessel from the Miami ? 
 
 A. i do not recollect x but presume I had. 
 
 Q. Did you apprehend that there was war then ? 
 
 A. I did not ,• or I would not have sent my baggage. 
 
 Q. Whether or not did Gen. Hull think it expedient, usi- 
 ider the then existing circumstances, to send the vessel fi-om 
 the Miami ? 
 
 A- It is impossible for me, at this distance of time, to re- 
 collect ; but I believe that Gen. Hull's reason for scndine: 
 the vessel was to save the expense of sending the teams fur- 
 ther. I think that was one of the reasons given for sending 
 ihe vessel. 
 
 Q. Was it not a wilderness through which the army had 
 ^0 march ? 
 
A. From about 14? miles north of tJrbana to Miami i4 
 was. 
 
 Q, Was the order of march conformable to this plan, 
 and were the officers consulted respecting it ? 
 
 A. It was nearly ; with the exception that the columns 
 were never closed with the rear guard, nor the baggage in 
 illie centre. It was, I believe, the order of march by Gen. 
 Wayne, adopted by Gen. Harrison in the same country, ami 
 proposed by Col. Miller or Findlay. 
 
 Q. Was not the army on its march as liable to be at- 
 tacked in its rear, as on its flank or in its front ? 
 
 A. I think we were as liable to be attacked on one point 
 as on another. 
 
 Q. Were there not directions, accompanying tliis order 
 of march, in what way the army was to form in case of 
 attack ? 
 
 A. I do not know that such directions were given. 
 
 Q. After I took command of tlie troops at Dayton, were 
 not tl)e sentiments I expressed to tlie troops, and the meas- 
 ures I adopted, calculated to inspire the troops with ambi- 
 tion, regularity and discipline ? 
 
 A. I do not recollect any sentiments expressed, otiicr 
 than the address to the troops ; whicli I think was a good one, 
 -and that you acquitted yourself on the occasion very well. 
 %\iih respect to measures ; I do not know that any were 
 adopted in relation to those objects. 
 
 Q. AViiether or not, wlien I took the command at Day- 
 ton, were orders issued for the dillercnt regiments to parade 
 by companies in the morning, and by regiments in the after- 
 noon for exercise : 
 
 A. Willi the exception 1 have before stated, I do not rc- 
 follcet such orderb\ 
 
 i^. Do you not recollect my exercising the troops at 
 
 Urbana, myself? 
 
 A. T!ip army v us out, for tlie purpose of being reviewer] 
 \\\ Governor l^ieigs. 
 
 The court adjourned to the next day. 
 
^ ^0^ 
 
 29 
 loth day, Saturdmjf 29f/i Jan. 1811. 
 
 THE CROSS EXAMINATION OF BRIGADIER GENERAL CAS^ 
 CONTINUED. 
 
 A letter datctl Sandwich irtli July, 1812, was exhibited by 
 General Hull to General Cass. 
 
 Q. Is that a copy of the letter sent to you at River Aux 
 Canards ? 
 
 A. It is in substance. 
 
 Q. How many days was the army at Detroit before it 
 crossed to Sandwich ? 
 
 A. I think 5 or 6 days. We arrived at the Spring Wells, 
 near Detroit, staid two or three days at the wells and cross- 
 ed on the 12th. 
 
 Q. What could have been done to the works, previous to 
 crossing ? 
 
 A. There could have been a great deal done, or very little. 
 I cannot answer with precision — I was not in the fort at De- 
 troit, until my return from Canada — I wish to give a proper 
 answer. The Army had had a tedious march, and therefore 
 it might have been right to employ the troops upon fatigues. 
 
 Q. Are you acquainted with Capt, Tliorpe, of the artifi- 
 cers ? 
 
 A. I am. 
 
 Q. W^as I not employed, before crossing the river, in or- 
 ganizing a corps of artificers. 
 
 A. A corps of artificers was organized under Capt. 
 Thorpe, but whether before or after the passage, I cannot say. 
 
 Q. Were not artificers called from the different regiments ? 
 
 A. There were some detailed from the regiment under 
 my command, and prol)ably from the rest. 
 
 Q. After we arrived at Detroit, and before crossing the 
 river, were not several detachments sent to obtain boats am( 
 other means of crossing the river? 
 
 A. I do not recollect -, boats were collected and col- 
 lecting : I do not know of any public boats. 
 
 Q. Was it not apprehended that the fall of Mackanae 
 would have an injurious effect u.poa the Indians and Canadian 
 niilllia ? 
 
 a=:4=!p!* 
 
 yikisfe.; (K ^«^*^' 
 

 30 
 
 A. As I before slated, Gen. Hull felt great apprehensions ; 
 but I did not ; nor do I believe the other officers did — the ob- 
 jects of the expedition miglit, in my opinion, have been elTect- 
 cd before any ill effects were felt. I do not know of a single 
 Indian having arrived at Detroit until three days after tlie 
 surrender — Neither was there much danger to be apprehend- 
 ed from the Canadian inhabitants, as in my opinion the 
 greater proportion of them had taken protection from Gen. 
 Hull. 
 
 Q, Who commanded the British at Maiden, about the be- 
 ginning of August? 
 
 A. On or about the 7th August, General Proctor succeed- 
 ed Col. St. George in the command. 
 
 Q. Did not Gen. Proctor bring a considerable reinforce- 
 ment ? 
 
 A. The impression on my mind is that about 100 men ar- 
 rived there witli him. 
 
 Q. AVhen you received my letter at River Aux Canards, 
 was the opinion of the officers, about returning, unanimous ? 
 
 A. I tliink it was, or nearly so. 
 
 Q. Were instructions given to Major Vanhorne to take a 
 bye-path ? 
 
 A. I understood there were. 
 
 Q. Was not Brownstown to be avoided ? 
 
 A. I tliink he was instructed to avoid Brownstown. 
 
 Q. Was the force that attacked Miijor Vanhorne any 
 other than of Indians ? 
 
 A. I do not know, but understood so. I believe a detach- 
 ment of iJiitish troops passed over front Maiden, during the 
 fire and after Major Yanhorne's action. 
 
 Q. AVas t!je council, at whicli the field officers were, called 
 shortly after our arrival in Canada ? 
 
 A. I <]o not know, but presume it was. 
 
 Q. Wa^i not the question — wliether Maiden siiould be 
 Vjttatked ? proposed in that council ? 
 
 A. 1 think it was. 
 
 Q. Did I not state to this council that thp artillery was nc't 
 pf'T^J'-'d^ huviiig only r> pounders ? 
 
31 
 
 A. i cannot say. It is probable. 
 
 Q. Did I not state to tlie council that the enemy at Maiden 
 had IS and 2i pounders ? 
 
 A. Very probably, but I do not recollect it. 
 Q. Did I not state that we must rely upon the bayonet 
 alone, for want of cannon to make a breach I 
 A. I think you did. 
 
 Q. Did I not submit to the commanders of new troops, that 
 if they were confident in their dependence upon their men, to 
 storm regular works manned with regular troops, and that 
 with the bayonet, I would lead them ? 
 
 A. I think Gen Hull might have had the valour, but as to 
 his offer to lead them, I do not recollect it — my opinion and 
 impression was, and I believe it was that of commanding 
 officers of regiments, that the army could take the fort. 
 Q. "What was the opinion of this Council ? 
 A. I think that by a majority of one, it was agreed to 
 wait for the heavy ordnance. 
 
 Q. Did I not state on the 7th August, previous to the re- 
 treat to Detroit, that my object in returning to Detroit was to 
 concentrate my forces, the better to open my communication 
 with the river Raisin ? 
 
 A I recollect that General Hull, on the evening of the 
 retreat, endeavoured to satisfy the officers (that is, the com- 
 manders of regiments) that the evacuation would be proper 
 for the purpose stated in the question, but they thought dif- 
 ferently—The General ordered his own opinion to be carried 
 into effect, considering himself as the responsible person; ob- 
 serving farther that he thought the act proper, and although 
 his son, his officers and every person were against him, he 
 tSould act agreeably to his own judgment. 
 
 Q. Did I not inform you, previous to crossing, that major 
 Chambers, of the ilst British regiment was advancing from 
 Fort George against our army at the head of Lake Ontario, 
 (Moravian grounds) with artillery and an additional force of 
 militia ? 
 
 A. Gen. Hull stated that Major C. was at the head of 
 river French, with some regulars and some Indians, and 
 iva? raising the militia. I believe thi^ was previous to our 
 
33 
 
 leaving Canada, but am uot ccrluin : tlie distance between 
 JOctioit ami river Frencb, where Major C. was, is one hun- 
 dred and tA\enty miles. 
 
 Q. Was uot the march througli the wilderness a heavy 
 lind fatiiiuing one ? 
 
 A. It was : and Gen. Hull hurried us as much as wa'' 
 proper. 
 
 Q. Bo you not recollect my order for the building of 
 several block houses ? 
 
 A. There were two completed on our march ; one com- 
 menced, but left incomplete ; and a detachment was left at 
 Miami to build a fourth. The army marched from Dayton 
 to Stanton, with a view of taking a different route from lh6 
 one taken. 
 
 Q. Do you recollect a council of war held at my house, 
 at Detroit, on the 9th, July, and what was said and done ? 
 
 A. I do. The order from tlie Secretary at war was 
 submitted to tlic court, directing you, on your arrival at 
 Detroit, to take measures for securing your post, and to 
 wait further orders. At that time it appeared as if the 
 enemy were erecting batteries on the opposite shore : it 
 however subsequently appeared tliat it was not the case. It 
 was my opinion, and that of tlie other officers generally, 
 that you ought to cross the river without further orders. 
 My impression was that Gen. Hull agreed to cross the De- 
 troit, without further orders from the Secretary of war. 
 Gen. Hull was \cry much embarrassed and was relieved by an 
 order received that very night. 
 
 Q, AVhen did you arrive at Detroit after the capitula- 
 tion ? 
 
 A. On the same day after dark. 
 
 Q. Were not all the militia who had joined the army, 
 excepting twelve hundred, unauthorized by government ? 
 
 A. I do not know. I understood that twelve humh'ed 
 were required by government from Ohio ; all the rest were 
 taken under the responsibility of Governor Meigs. 
 
 Here the cross examination ofBrig. Gen. Cass was closed : 
 nud III' M as rc-e.v.uuiucd bv the court. 
 
S3 
 
 Gen. Huli's order o? the 17th August, mftrked •• takeii of 
 Gen. Proctor" was produced. It >vas du'ceted to the com- 
 manding officer at the Rapids, desiring him to surrender 
 with his men as being inchided in the capitulation, and be- 
 longing to Michigan territory, a distance of many miles from 
 Detroit — General Cass said that 30 or 40 men of the Ohio 
 militia made offand returned home in safety, after giving notice 
 to Captain Urush, wlio also returned home with his detach- 
 ment, without regarding the capitulation, of which he heard. 
 
 Here M'Arthur, page 8i, was referred to by the Judge 
 Advocate, as to matters of opinion, in consequence of whick 
 farther questions to General Cass were waived. 
 
 General Cass tlien said that at the time of the evacuation of 
 Canada ; but thinks, after that event ; if General Hull had re- 
 iired from Detroit to take up a position at Raisin, in his opinion 
 the Ohio volunteers would have left him—The witness does not: 
 recollect that General Hull suggested to iiim the idea of such 
 a retreat, as an event which a subsequent state of things 
 might require ; or that he told General Hull that the Ohio 
 militia w ould leave him : although ho thinks they would have 
 done so, under the idea of a surrender — but that if it w^as 
 deemed a necessary and proper step they would not. 
 
 Cljiestion by the Coiiri — Were the orders for detachments 
 from tlic army regularly accompanied with directions, in the 
 general order, for the iiurriber of rations to be issued and. 
 taken with the detachment ? 
 
 A. I do not recollect ; but I rather think not. 
 
 Q. By General Hull. 
 
 ¥/hen the detachaient under General M'Arthur arrived 
 near Detroit, on the day of the surrender, did it not occur to 
 you that some signal might be given to the fort, informing 
 tlicm of your approach ? 
 
 A. Bcff)re we got near enougli to the fort to make any 
 signals, wc heard from a Frenchman that the fort had sur- 
 rendered, which was done wlien the detachment was 4 or 5 
 miles from t!ie fort. We also saw Indians catcliing horses 
 nid shooting cattle. 
 
 The court adjourned to Moniiay next 
 
84 
 
 lith day, Monday 31st, January^ 181*. 
 
 Tlie Court met, pursuant to adjournment, ^vheu major Jw - 
 iiah Snelling, of the 4th Infantry, called on the part of the 
 tf. S. was sworn and examined : He stated that he joined the 
 N. >V. army at Urbana, and remained with it as captaiw 
 until the surrender to general Brock — that he never heard of 
 any order of battle — that he understood there was an order of 
 inarch, butitever saw it promulgated in orders ; that the army 
 marched with an advanced guard and flanking parties, and 
 arrived at the rapids on or about the 30th June — that he 
 heard there was a message in camp from Washington ; that 
 tlie first intimation he had of the hiring of a vessel was on 
 the 1st Jnly, when Col. Miller called at the oflicers tents 
 and told them (hey must put tlieir baggage on board of 
 vessels for Detroit. That the army arrived at Springwells 
 on the ^th July, that on or about the 6th or 7tli, the whole 
 army marched through Detroit in the morning and re- 
 turned in the afternoon : on the 6tli or 7th marclied from 
 Springwells — on tiie Sth or 9tli marched with baggage and 
 camp equipage and encamped in the rear of the town of 
 Detroit — it remained there until the 12tb, M'hen the whole 
 army crossed over into Canada : Gen. Hull, as witness be- 
 lieves, crossed over with the last division of the army. 
 That witness was in Canada about iG days with the army, 
 during which time fatigue parties were detailed every day ; 
 that witness then returned to Detroit with a detachment 
 under Col. Miller, to prepare artillery ^c. for tlie attack on 
 MaJden ; but docs not know if the de(achmcnt Mas employ- 
 ed on that service — that he was in the detaeliment under 
 Col. Cass that took the bridge ; that it was the opinion of 
 the oflicers generally, and he believes unanimously, that tlic 
 possession of the bridge Mas of great importance tOMards 
 (aking Maiden — that tl»is opinion Mas eomnnmicated to Gen. 
 Hull, Mho returned an ansMcr, leaving it to tlie discretion of 
 the oflicers ; upon whicli they determined to evacuate the 
 bridge. That the oflicers did not persist in their opinion, be- 
 cause they thought, or at least he did, that the Gen. tthould have 
 
ad 
 
 iaken the responsibility on himself, and not have thrown it upon 
 the officers — that the principal reason by which the officers 
 were influenced, was their thinking it was a proper position 
 for the army, which, it was expected would move down ; 
 but that the distance from the then position of the army was 
 too great for a piequet guard. That witness was sent with 
 a reinforcement of between 80 and 90 men to reinforce, or 
 rather to cover the retreat of Major Vanhorne, as soon as 
 it was reported that he was in danger ; but that the detacli- 
 ment did not proceed far before Major Vauhorne*s party 
 was met returning. That while witness was in camp at 
 Sandwich J an attack on the Queen Charlotte, was contem- 
 plated. 
 
 Here an objection was made by Gen. Hull to Major 
 Snelling's testifying to any thing not in the charges or spe- 
 cification, upon which the Judge advocate submitted the fol- 
 lowing questions, which were waived for the present. 
 
 Q. Was an attack on the Queen Charlotte contemplated, 
 previous to the capitulation ? — Were there any preparations 
 made by our army to carry it into effect ? — was the plan aban- 
 doned ; and what were the reasons assigned by Gen. Hull for 
 so abandoning it ? 
 
 Major Sneliing then stated that he remembers seeing the 
 enemy erecting batteries on the opposite side of Detroit river 
 on the morning of the 15th August, that a court of enquiry 
 was sitting to inquire into the conduct of Lt. Hanks, when 
 about 10 A. M. captain Fuller saw a white flag crossing, upon 
 which Col. Miller adjourned the court — that witness then pro- 
 ceeded with Captain Fuller to receive the flag — thatLt. Col. 
 M'Donald and Capt Glegg bore the flag, were blindfolded and 
 conducted by order of General Hull to a house near the fort 
 (100 or 200 yards distant) belonging to major Hunt, civil aid 
 to General Hull, until the communication was made to Gen- 
 eral Hull, who directed tlie gentlemen to be detained ; which 
 was done until 3 o'clock P. M. during which time they Avere 
 uneasy at their detention— that witness went into tlie street, 
 and saw captain Hull, aid de camp to his father, who said he 
 liad the kt^.er in r^^ply in his pocket ; but was ordered (q with 
 
JioM it, uudci' llic idea of giviug the army lime foi* derenee. 
 That witness however soon saw people running into the fort 
 and ill all directions, carrying heds, &c. That witness and 
 captain Fuller were stationed near Hunt's house in the cita- 
 del yard— that the rendezvous of theregiment was in theFort, 
 that of the militia in the rear of the town, in the open ground; 
 that he had no knowledge of the movements of the troops, or of 
 any orders being given : fliat witness perceived with a glass the 
 enemy taking down a building which covered a masked bat- 
 tery erected by them ', and that in about an Iiour after the re- 
 turn to their side of Lt. Col. M'Donald and Captain Glegg, 
 a firing of cannon commenced, upon Avhich witness formed his 
 company and the remainder of the ith regiment (Col. Mil- 
 ler being sick) in the citadel yard, and then repaired towards 
 the fort, and on liis way met General Hull in the street, whom 
 ■witness asked for orders ; when the General directed him to 
 proceed to the fort, and post his men in the ramparts, which 
 'was done ; part of them put to the guns and others provided 
 with pikes. That towards sundown witness was ordered with 
 47 or 50 men and a iield piece (ipr.) to Spring AVells (about 3 
 sniles distant) as a piequet guard — He had also 3 dragoons, to 
 ^erve as expresses in case of need— that the Queen Charlotte 
 on the same day had uioved up the river, directly opposite to 
 Snringwells ; that the orders witness received were, to talce a 
 postal Springwells, report any movements of (he enemy which 
 ae might discover, and i-elurn by break of day, so as to avoid 
 the fire of the Queen Charlotte which lay in the middle of the 
 channel — that the shore was much higher tlian the decks 
 of that vessel, and the river at 8piin;i;wells about 3-1 of u 
 mile broad ; that the detachment could have moved by 
 other routes, but not the artillery, ami that t!io road was 
 directly on the shore. That witness sent a dragoon to com- 
 luunicate to Gen. Hull ; that Col. Taylor and ^lajor Jessup 
 visited Spring wells, and were consulted on the expediency 
 of iiaving a 2ipr. brought, to be posted on the artificial mouiul, 
 ^\lth a view to dit;lodge the Queen Charlotte from her moor- 
 ings ; that another ilragoon was despacthed to acquaint (Jen. 
 Hull verbally, that those ofilcers coincided in opinion \\ith 
 the \\it4css that a 2% pounder would do well, and that they 
 
37 
 
 recommended it (o Gen. Hull— that the dragoon leturnod 
 with an answer, that a 24^ pounder could not be transported 
 over the bridge ; which bridge, witness says was about 12 
 or li feet high, and 8 or 10 yards long, and built of wood — 
 that Capt. Hull was also there ami proposed recommending 
 it to Gen. Hull to send a 2i pounder. That witness heard 
 of no military movements during the night ^ he lieard oars, 
 which he supposed were in two or three boats, passing from 
 the Queen Charlotte to the Brig Hunter or to the Enemy^s 
 shore. That witness thought, with the other officers that a 
 '2* pounder could have heen transported across the bridge. 
 That witness returned to the fort at Detroit about dawn of 
 day ; soon after which the cannonading and bombardment 
 commenced from the enemy, ami were returned by the 
 American batteries on the river, but not from the fort. 
 That about 7 o'clock in the morning the British were seen 
 from the ramparts, crossing the river, which was reported 
 by witness to Gen. Hull : that no resistance, which witness 
 knows of was made either to their landing or to their ap- 
 proach — tliat two sliots took effect on us, one of which killed 
 two commissioned officers and a surgeon, and wounded 
 another surgeon, the other killed two privates. That soon 
 :iftcr\vards Capt. Hull was sent across the river Avith a flag 
 of truce, and witness was ordered by Gen. Hull to 
 proeccil to Col. Findlay, who >vas stationed with Major 
 Denny and his Regt. about four hundred yards in 
 advance towards Springwells, and direct him to retreat to 
 the fort. That the artillery, ammunition and part of the 4th 
 Regt. were at the batteries, two of which wei*e on the banks 
 of the river, the other in Judge Woodward's garden — the 
 Michigan militia were in the rear of the town. That witness 
 delivered the order to Col. Findlay who appeared unwilling 
 to obey it by marching his Regt. into the fort. That, after 
 this service, witness repaired to the battery commanded by 
 ]\iajor Anderson, where a British officer, Lieut. Duer, of 
 the Quarter-master's departuient, arrived with a man bear- 
 ing a flag of truce, to know^ why our flag was sent over the 
 liver ; that witness replied he believed it had been sent with 
 ;• mesyo'^e from Gen. Hull to Gen. Brock, who was sup- 
 
8S 
 
 posed to be ou the other side of the viver. That witness 
 then sent Lt. Hunt on horseback to Geo. Hull, who return- 
 ed with a sealed paper from Gen. Hull, addressed to Gen. 
 Brock, with directions to witness to proceed to Gen. Brock 
 with the same. That witness carried and delivered the note 
 to Gen. Brock, who was two hundred yards in advance of 
 the head of his column, without any advance-guard. That 
 the enemy was then near the house at which Doctor Henry 
 resided, about 3-4 of a mile, or a mile from the fort at De- 
 troit — that the note was, as far as witness recollects, having 
 seen it in the hands of Lt. Col. M'Donald. 
 
 Here an objection was taken to this part of the evidence, 
 hy the prisoner, who desired that the questions, in the present 
 point of enquiry, should be taken down in writing ; and tliat 
 the answer should be taken to each interrogatory distinctly. 
 The following questions were then put. 
 
 Q. Was the note brought to you by Lt. Hunt, the one 
 delivered by you to Gen. Brock ? 
 
 A. It was. 
 
 Q. Did you see this note afterwards ? If so, when and 
 where; and what reason have you for believing it to be the 
 
 same 
 
 A. I did. Gen. Brock put it into the hands of Lt. Col. 
 M'Donald in my presence ; and while Col. JM'Donald and 
 Capt. Glegg were engaged in writing the articles of capitu- 
 lation, I saw Col. M'Donald lay it on the table or writing 
 desk. I then read it as it lay on the table or desk, and have 
 no doubt it was the same paper I handed to Gen. Brock. 
 
 Q. Wei-c you acquainted with the hand writing of Gen. 
 Hull ? 
 
 A. I had seen it many times. 
 
 Q. Had you at the time any doubt that it was in the 
 hand writing of Gen. Hull ? 
 
 A. None at all. ]My opinion is founded upon the know- 
 ledge I have of the General's haruiwiiting. and tlie cir- 
 cumstances under which the note was delivered to me. 
 
 Q. Mere the Biitish ofllcers conducted to the jdacc 
 where the ai-ticles of capitulation were diaun up, in consc 
 quence of that note; and were they there met by Gen 
 Hull ? 
 
Z9 
 
 A. After I delivered the note, Gen. Brock asked me 
 whether I was authorized to agree to settle the terras : I 
 replied that I was not. He then directed Col. M'Donald 
 and Capt. Glegg, to accompany me to the fort ; when on the 
 way, we were met hy some person (whom I do not recollect) 
 who directed us to a marquee which had hccn pitched a 
 short time before, as I understood, by the orders of Gen. 
 Hull. 
 
 Q. "What were the contents of the note ? 
 
 A. I cannot now speak Avith certainty : but my best rC" 
 collection is that it contained these words. « Sir, I agree to 
 surrender the fort and tow n of Detroit ;" and was signed 
 « William Hull," Brig. Gen. United States army. I consider- 
 ed at the time that it was a surrender without stipulation—^ 
 The witness would not undertake to say that what he had 
 stated was the whole substance of the note ; but he believed 
 it was. 
 
 Witness then proceeded in (he usual manner to state further, 
 and said, that Capt. Hull, who had been sent over the river 
 with a flag, did not return until after the British flag was 
 hoisted--That Gen. Hull came within a few paces of the 
 marquee in which Col. M'Donald and Captain Glegg were; 
 that Gen. Hull was conversing with Col. Findlay, who spoke 
 witli considerable warmth ; that witness did not hear dis- 
 tinctly, but understood that he. Col. Findlay, would have 
 nothing to do with the capitulation — that Lt. Col. Miller and 
 Captain Brush were directed to confer, and did confer with 
 the British Ofiieers with respect to the terms of the capitula- 
 tion — that Lieut. Col. Miller at the time had a violent fit of 
 ague, and lay on the ground while the officers were engaged 
 in drawing up the articles of capitulation ; that many of the 
 American ofiieers assembled near the marquee, when Gen. 
 Hull desired them to retire ; and that witness, who was one 
 of them, retired accordingly. 
 
 Witness then stated that during the cannonade of the 16th, 
 he saw Gen. Hull get up once for some particular purpose^ 
 and perhaps twice ; and that, during the residue of the time, 
 he was sitting on an old tent, or something of that sort, oc 
 
 ^ 
 
40 
 
 the grountl, with his back against tlie raiaparls, and under 
 liie curtain nearest the enemy. 
 
 Here, at the solicitation of the prisoner's couasclthe re- 
 mainder of the evidence >vas, to lje taken down by question 
 and answer. 
 
 Q. Were the appearance, conduct and conversation of 
 Tien. Hull such as to induce a belief that he was under the 
 influence of personal fear ? 
 
 A. I liave always umlerstood that the passion of fear is 
 indicated by certain looks and actions ; and, judging from 
 past knowledge on that subject, I thouglit him under the in- 
 rtuence of fear: his whole conduct made that impression on 
 my mind at tlie time — TJic reasons that induced mc to draw 
 that conclusion were ; that the General selected the safcsL 
 place in tlie fort for his seat, on an old tent on the ground 
 and leaned against the ramparts between the guard house and 
 the gate : his voice trembled when he spoke — lie apparentl\ 
 unconsciously filled his mouth with tobacco, putting in quid 
 after quid, more than he generally did : the spittle coloured 
 with tobacco-juice ran from his mouth on liis neckcloth, 
 fjcard, cravat and vest-~he would rub the lower part of hi* 
 face, which was apparently covered Avith spittle ; he was 
 repeatedly informed that the enemy were crossing the river, 
 but he took no measures to oppose them, with which I am 
 acquainted. 
 
 The witness then proceeded to state tliat the American 
 iroops were called into tlic fort— which was very much croud- 
 <d, before the articles of capitulation were signed. Tha( 
 when Gen. Hull was informed that the enemy were crossing, 
 he made no other answer to Lieutenant Peckham (to the 
 tinowicdge of witness) tban " are they coining r" 'i'liat w it- 
 iicss stood at the corner of a slip leading to the gate of ths 
 fort, and attempted to count the British troops on entering 
 the fort — that the troops in advance were the Itst, in pla 
 toons of fourteen files, as well as the York militia volun 
 teers-— twenty nine platoons, two deep, In red coats — that thf- 
 militia platoons consisted of no more than seven or eight iiles. 
 and composed one third of the »hole force — probably seven 
 hundred and ftfty whitet* — of which the remaining two thirds 
 
41 
 
 Vveie regulars and uniform militia. Witness supposes <be 
 Indian force to have been more tlian one hundred and fifty, 
 although he only saw about that number drawn up to fire a 
 salute as he understood. 
 
 Witness says that the spirit of the American troops to 
 meet the enemy was, in his opinion of the most laudable 
 kind, and he believes pervaded the whole of them, but cer- 
 tainly his regiment, the ith — and that when at Urbana he 
 was at a grand parade ; which was the only time he saw 
 the whole of the troops together for parade. 
 
 Qiiestion by the court — What was the state of the discipline 
 of the army, generally ? 
 
 A. I never saw the army parade but once at Urbana, and 
 therefore cannot judge — I can answer only for the 4th 
 regiment. The ith regiment had been on service four 
 years, and was in good discipline. 
 
 The court adjourned to the next day. 
 
 12th daij, Tnesdayf Feb. I4f/i, 1S14. 
 
 The court met pursuant to adjournment, and was opened 
 by Gen. Hull's waiving the objection taken by him yester- 
 day to the examination of Major Smelling respecting the 
 Queen Charlotte — The Judge Advocate however considered 
 the objection a valid one, the subject matter of that ship not 
 being contained in the specification, and therefore would not 
 at present avail himself of the General's permission. Major 
 Smelling's examination was tlien continued. 
 
 The witness stated that he informed Gen. Hull, on the 
 morning of the surrender, tliat the ammunition out side the 
 should be brought in — that a detachment from the 4th 
 I'eginient was ordered to remove it ; in which business wit- 
 ness saw them engaged, and supposes nineteen or twenty 
 casks of one hundred pounds each, were brought in— that he 
 never heard it suggested by any individual, before the capitu- 
 lation, (hut there was a scarcity of either provisions or ammu- 
 nition. That after the battle of Bi-ounstown a requisition 
 was made for a quantity of ammunition, to complete thirty 
 roimdsfor each man of the ith regiment, and which tliey had 
 
 HI 
 
43 
 
 at f he surrender, ami thai he lias no knowledge of any councJ-i 
 of war held ou the occasion of the surrender.— Here ilie di- 
 rect questions of the Judge advocate ceased. 
 
 Q. By a member of ihe Court — What was the amount of 
 the efleetive American force at Detroit ? 
 
 A. I am unable to answer — The *th regiment according to 
 inv recollection had not more than three hundred and twenty 
 cifeetive men — in the aggregate about four hundred men. 
 
 Q. Whether was it usual for commanders of detach- 
 ments of regiments and of companies to send daily for 
 orders ? 
 
 A. It w as. 
 
 Q. Whether were the U. S. froops so placed by the 
 orders of Gen. Hull, as to prevent them from acting with 
 efiVet ? 
 
 A. The main body of troops w ere so erouded in the forfe 
 as to render it impossible for them to act offensively — that 
 is, just before the arli'les of eapiliilation were agreed npon — 
 the orders were given to Co!. Findlay immediately after 
 five, when the flag was sent by Capt. Hull. 
 
 CROSS-EXAMINED BY GENERAL HULL. 
 
 Q. From whom did you receive your orders to returiii 
 from your station at Spring W^ells at day light on the morn- 
 ing of the I6(h ? 
 
 A. Frouj some person in the General's family — I do not re- 
 collect whom. 
 
 Q. You say. by one of the General's family : do you mean 
 by one of his aids, or by whom ? 
 
 A. From Brig. Major Jessup, I believe, but am not 
 ccriain— on my return I reported myself to General Hull. 
 
 ]M:ijoi'8nelley, on a revisal of the evidence, here stated that 
 thi re was a man called Col. Wallace, not recognized by the 
 oflicers. who wore two epaulets. 
 
 <^. Did you return with your detachment alone, and at 
 what hour ? 
 
 A. 1 returned with my detachment before day. I think 
 da.>-dawn Mas perceptible on my arrival at the fort, but an* 
 not <'crtain. 
 
43 
 
 Q. Where did you first go to when you returned from the 
 Springwells ? 
 
 A. The piece of artillery I left at the gate of the citadel ; 
 my detachment I marched with into the fort. Y 
 
 Q. Were you in bed after you returned, and how long be- ' 
 fore the firing commenced ? 
 
 A. The piece of artillery I left at the gate of the Citadel 
 my detachment I marched with into the fort. 
 
 Q. Were you in bed after your return, and how long 
 before the firing commenced in the morning ? 
 
 A. On my return I enquired for Gen. Hull, and could 
 find no one who could tell me where he was. I then went 
 Into a room occupied by Capt. Dyson, and threw myself down 
 upon a straw bed, and had been there but a few minutes. 
 Laving scarcely lost my recollection, vvhen 1 heard a gun 
 fired. 
 
 Q. After you reported to the General that the enemy 
 \v<ire crossing, were not the troops at the alarm post and 
 at the fort, and formed between the enemy and the fort ? 
 What troops were there so formed, and how formed ? 
 
 A. I did not report on my arrival from Spring w^lls that 
 the enemy was crossing. I afterwards discovered tliem from 
 the parapets : at the time it was reported they were cross- 
 ing the 4th regiment was on the parapets : as to the dispo- 
 sition of the other troops I cannot say. 
 
 Q. Where were Col. Findlay's corps, and the residue 
 of Col. M' Arthur and Cass's at this time ? Or where did you 
 iind them When yoii were ordered to Col. Findlay to direct 
 bim to retreat ? 
 
 A. I found Col. Findley in advance of the fort towards 
 ilic enemy, behind a picket fence. I think^Maj. Denny was 
 a little in the rear, on the left flank, 
 
 Q. Was I in the fort when the oflicers were killed ? 
 
 A. I do not know that Gen. Hull was in the fort. I saw 
 him immediately after. 
 
 Q. How long was it, after tlie oflicers were killed, that 
 tlie white flag was hoisted ? 
 
 A. I did not know that tlie white flag was hoisted, nor did 
 1 see one mitil in the hands of Capt. Hull ^ and that was a 
 
4if 
 
 short time after the officers were killed-— perhaps an hour, 
 or fifteen or iwenty minutes. 
 
 Q. Was it after I eanie into the fort and before the white 
 i\ag was in Capt. Hull's hands, that jnu saw me in the situ- 
 ation described yesterday ? 
 
 A. I cannot say it was at that time tliat I saw Gen. Hull 
 in the situation describeil — I tliink it was at the time Capt. 
 Hull was fixing tlie while flag on the staff— the General was 
 standing near the rampai-ts. 
 
 Q. Is it not within your recollection tliat I was several 
 dmes that morning on horseback, with Colonel Findley's 
 regiment, the Michigan militia, in the upper part of the town 
 and at the batteries ? 
 
 A. I think the General was out of the fort that morning, 
 but where I cannot say — I saw his horse tied in the passage. 
 
 Q. Was I not out during the cannonade ? 
 
 A. Not to my kno>>Icdge. 
 
 Q. How did it liappcn that you sent your orderly book by 
 the vessel to Detroit ? 
 
 A. I bad but one large trunk for my baggage, and a small 
 porlmantau Avliieb would not coniain tlie book — I was order- 
 ed to send my baggage, and of course sent the book. 
 
 The cross examination was here ended, for the present. 
 Major Snelling was again examined by the coui t aud staled— 
 That when the enemy were ci'ossiiig, tliey Aveie observed 
 h} witness and other ofilcers fioni the jiarapet— that Gen. 
 Hull was then standing on the g\ound, on the parade within 
 the fort j and he docs not recollect seeing Gen. Hull on the 
 parapet to view the enemy ; who, wlun they had cro jsed, 
 vere out of sight of the witness in the fori. Witness hoard 
 no ortler from Gen. Hull for the purpose of ascei-taining the 
 number ofthe enemy's force, nor did he know of any measure., 
 being taken for that purpose— Tliat, when tlie first report was 
 made that the enemy were crossing witness stboil by» and is 
 confident no older for that purpose was given, but measure 
 ini; ht haAC been taken afterwards without his knowled^t— 
 
 ('apt. Sai6i,M>Cormkk,ofU. S. Ranga'S, being sworn, said, 
 •^riial he belor.geil to the north westein army under the com- 
 mand of Gen. ilull, that he joined it at Urbana and coiidntu d 
 
45 
 
 with it until the capitulation— tliat by desire of the Governor 
 he acted as adjutant to Col. Findlay's Reg. of Ohio volunteers, 
 that he recollects detachments being frequently taken from 
 that regiment— that those detachments were frc«iucntly de- 
 tained for want of provisions, sometimes half a day, and that 
 tliey sometimes went and returned without any— that he never 
 knew an order issued that the quarter-master was to draw 
 provisions— that he was at Detroit at the time of the capit- 
 ulation—that Col. Fiudlay's regiment was encamped in the 
 rear of the town on the 15th, when the cannonading commenc- 
 ed—that they lay on their arms all night, and had a chain oC 
 centinels posted nearly three hundred yards in advance— that 
 Capt. Kemper of the waggoners with about thirty volunteers, 
 formed a picket guard along a fence— that it was expected the 
 savages would attack from the woods— that Capt. Robinson, 
 ^vitll1lis company was in a meadow— that during the night he 
 received no orders from G. Hull-that he was not present when 
 Col. Findlay received orders from General Hull on the IGtli 
 . August to return, but joined Col. Findlay after he had receiv- 
 ed tliat order- -that the Col. appeared dissatisfied and distress- 
 ed, and almost determined not to obey it— that witness had 
 lialted two of tlie companies, when the Col. rode up to him, 
 and told him to march on— that between 9 and 10, A. M. when 
 ordered to halt near the fort, on the outside, Col. F^^^lay and 
 witness dismounted from their horses, went into the fort to- 
 P'cther, and enquired for Gen. Hull, who was seen sitting on 
 something on the ground with his back to the ramparts— that 
 Col. Findlay asked Gen. Hull '' What in hell am I ordered 
 Jiere for ?" to which question the General, in a low;trembling 
 tone of voice, replied, stating the number of men killed in 
 the fort, (witness thinks three men) that a surrender would 
 be best—tiiat he could procure better terms from General 
 Brock at that time than if he waited a storm— that the reply 
 of Col. Findlay was— ft-rnis / Bauuiation ! we can heat lliew 
 on the plain. I did not come here to caj)itiilate ; I came to 
 fi^U—Co]. Findlay enquired where Col. Miller was, turned 
 ami left the General- -a moment afterwards I left him. The 
 rk>iMM'al, appeared much agitated, and in as great fear as I 
 
4S 
 
 ever saw any person— he had used so much tohaeeo as (o have 
 the lower part of his face uiueli discoloured by it. 
 
 Capt. M'Cormick, cootiuuinji; his pvid<mce, stated that the 
 troops that were out on the lines inarclied into the ibt't about 
 the time the British officers, General Hull and Col. Miller and 
 Brush went to the oJiicers' quarters — that to (he lK*st of liis 
 recollection, Col. Findlay's regiment was on thatdaj between 
 ^30 and 160 strong, who marched into the fort -that there were 
 under arms, outside of tlie fort, (and wbo also urarched in) in- 
 cluding Col. Findlays regiment, Major , from colonel 
 
 M* Arthur's regiment, the company of waggoners belonging 
 to captain Kemper, part of Col. Cass's regiment uudei' ('apt. 
 Sanderson, and a detachment of Michigan militia under Lt. 
 Brady, a number which he estimated at between 800 and 1000 
 men— that the fort was very much crowded— that the spirit 
 of the men formed outside the fort was evinced by their sav- 
 ing, thcij xvould have an oppoi-imiity cf rerengbi!^ ihemselves 
 for the inj urks theij had received, hy killing most of the enemy— 
 that many of the private soldiers were seen to shed tears in 
 ahundancc on receiving the orders of surrender, that the pick- 
 et fence, behind which Col. Findlay's regiment was posted., 
 was generally so close as that the rails neai'ly touched each 
 other, and many of the men employed tomaluiM ks to open a 
 space for their muskets — that on the evening of the 15tli, the 
 quarter-master supplied Col. Findlay's reg. with as many cart- 
 rid'-es as the boxes could contain — that he never heard any 
 complaints of the quantity of tlie provisions or ammunition, 
 though he did of the qnality : nor Avere any apprehensions 
 entertained of a scarcity, there being in the town plenty of saltj 
 of pork and sheep, grain and stock. 
 
 CAl'T. ^M'CORMICK WAS NOW CROSS EX.S MIXED BY THE 
 PRISONER. 
 
 Q. How long was it after the cannonading ceased, before 
 your Reg. marched from the picket fenc.e ? 
 
 A. l*robably IVdmoue to three (piaiters of an hour. 
 
 Q. How h>wg was it after the cannonading that you arriv 
 ed at the fort ? 
 
 A. About hall* an hour. 
 
4y 
 
 Q, Did you - not see me at (he picketed fence when CoL 
 iF^ndhiys regiiuent was there ? 
 
 A. I saw you once that morning ; it appears to me it was 
 itliere. 
 
 The court adjourned to the next day. 
 
 loth day, Wednesday^ 2d Feb. 1814 
 
 The court met pursuant to adjournment, when Brig. Gen- 
 eral Duncan M'Arthur was sworn, and stated — That he be- 
 longed 10 the North Wesiern army commanded by Gcnerayl 
 Hull, and was elected to the command oC the 1st regiment of 
 Ohio volunteers at Dayton ; that they marched from Dayton 
 to Stanton, and thence lo Urbaua — that he knows of no mate- 
 rial occurrence in the army until its arrival at Blanchard's 
 fork, now known by the name of Fort Fiudlay. That on or 
 about the evening of the 26(b June, an express arrived from 
 Chillicothe with a letter handed to General Hull, who, after 
 reading it, gave it to the witness ; the witness thinks it was a 
 letter from the Secretary of war, dated 18th June, 1812~that 
 he cannot recollect the whole pre<cise words, but that the sub- 
 stance was <"■ tbat circumstances had occurred there (at 
 Washington) which rendered it necessary for General Hull to 
 proceed to Detroit with ail possible expedition, prepare for 
 defence and wait farther orders." — that witness also received 
 by the same express a letter from a friend at Chillicothe, 
 giving a postscript, said to be from a letter from General 
 Worthington, senator in Congress. 
 
 Q. Do you know that the letter you speak of is in exist- 
 ence ? 
 
 Here arose an objection, on the part of General Hull, to 
 parole evidence, <• unless it be proved that the letter has been 
 lost or destroyed." 
 
 A. I do not— it may or may not be in existence. 
 
 Q. Did you communicate the contents of that letter to 
 General Hull ? 
 
 A. I did. 
 
 Q. What were its contents ? 
 
48 
 
 The court was now dosed ibr tiie purpose of eonsidciiiig 
 the o])jcction, and the propriety of disclosing the contents of 
 the letter again— AViien the court was opened, the ohjeetion, 
 ^vas declared to he overruled. 
 
 A. The postscript to the letter coranainicated to General 
 Hull was <• before this reaches you, war will be declared." 
 Col. Dunlap. the express, also stated to witness that the im- 
 pression at Chiliicothc was that war was declared ; this I also 
 communicated to General Hull, who asked me, when he put 
 the Secretary of war's letter into my hands, what I thought of 
 
 it to which I replied that I t'nought it a notice of a declara- 
 
 <ion of war — Some farther conversation ensued, upon the 
 wholaof which, and a comparison of former communications 
 from "Washington from tlaic lo time, it was inferred that war 
 was then declared. 
 
 General M'Arthur now proceeded in the usual manner, and 
 stated- -tSiat €ol. Cass was at that time, in advance, opening 
 the road, and Gen. Hull proceeded after him >vith the army, 
 and, as Avitness thinks, on the third day in the afternoon ar- 
 rived at the Rapids of Miami, after passing through some wet 
 rojids in the prairie— that platoon officers and men appeared 
 desirous of crossing the river that afternoon, and to wade 
 across for the purpose of cleaning themselves-that witness 
 applied to General Hull for permission to cross the river, 
 which was refused, and the army ordered to encamp, and on 
 the next morning the arnjy was ordered to shift and put on 
 clean clothes— that some time was taken up in making the 
 men appear to advantage in passing a settlement, principally 
 consisling of French inhabitants— (hat the army crossed the 
 river in boats, passed through a village in sections or small 
 platoons, and encamped about four miles frouj the place 
 whence it started— AVitness thinks this was on the last da,> 
 of the month— some time was taken up in mubtering the men 
 and railing the rolls. 
 
 Gen. M'Aiihur (lieu stated that General Hull sent for hiin 
 (the witness) to his tent, and on witness's arrival asked 
 what he thought of sending the baggage by water ; to which 
 witness repiied. in substance, that he thought it would be 
 lather ha/.urdous as the JBriliih might be informed of th« 
 
49 
 
 UeelaratioD of war, and seize the vessel — that witness thinks 
 Gen. Hull, stated that he eoukl not imagine there was any 
 danger, and that if the wind was fair, the vessel wonld pass in 
 a very sliort time — that it was not prohable she would be mo- 
 lested, and that he eould not tliink of taking the responsibilitj 
 of earrying the teams any farther — That witness believes there 
 was an order Issued, but whetlier verbal or written he does 
 not recollect, directing the baggage to be sent on by water — 
 that the risk of sending the baggage by water was the subject 
 of general conversation in the camp, and that witness stated to 
 Gen. Hull tfiat he would take as much of his own baggage 
 by land as lie eould, which he did. That the army pro- 
 ceeded towards Detroit from the foot of the Rapids, and on the 
 1st, or 2d, July the commanders of regiments Avere called 
 upon by tlie General to attend at his tent, and were informed 
 of the receipt of a letter by him, notifying the declaration of 
 war — that the army proceeded on its march, and on the se- 
 cond night encamped near River Raisin, where the men (who 
 were then undressed) were, as usual, dressed — that the army 
 encamped near Swan Creek, about nine miles from the river 
 Raisin — that rumours were afloat among the inhabitants that 
 we should be attacked by the Indians on the river Huron, six 
 miles from the encampment, and that Col. Findlay and the 
 witness called upon General Hull, and stated that they 
 thought it would be advantageous to agree upon some plan 
 of battle in case of an attack. 
 
 The witness then, proceeded to state that in the order of 
 march hitherto pursued, his regiment had marched in two 
 battalions, one of them in the rear of colonel Findlay's reg- 
 iraent, and the other in the rear of Col. Cass's regiment-— 
 that, as from this position of his men, he, the witness^ 
 could not be with both his battalions, he wished to 
 have them formed in one line, if an attack should take place | 
 he therefore applied to Gen. Hull who observed it would 
 be well enough to do so ; and then witness suggested that his 
 regiment should be formed in the rear, across the road, for 
 the purpose of forming one line of a hollow square, for 
 doing which permission was granted by General Hull ; that 
 witness then retired, and does not retolleet whether hf 
 
 ft 
 
so 
 
 left other otHeeis Mitli General Hull or not Tfiat 
 
 the army arrived at the river Huron about the middle 
 of tlse day on wliicli it left Swan Creek, and found some 
 hands building a bridge across tiic Huron — tliat the fiont 
 halted, and Avitness's regiment formed in tl>c manner stated 
 to liave been agreed to by Gen. Hull.— Tliat some time be- 
 fore the baggage waggons came up, and before the biidgo 
 was in a state for passing, witness suggested the propriety of 
 having some victuals cooked -. to wliieh the General replied 
 that the bridge would soon be ready for crossing, and he 
 therefore thought it would scarcely be worth while— that it 
 Avas however late before tlic bridge was ready, and when it 
 was, the army crossed and encan.ped in a marsliy prairie, on 
 the banks of the Huron— that the troops were lutein getting 
 their rations, and in ccnsequenre of orders being given to put 
 out fires at 10 o'clock, many of the men were obliged to lie 
 down without supper, which excited much murmuring- -that 
 complaints were made to the subalterns, and by tliem to those 
 of higher rank --that witness himself represented the hard- 
 ships of the case to Gen. Hull, but the fires were not re- 
 kindled, and the men were ordered to march next morning 
 without breakfast. 'J'he troops in advance proceeded so rap- 
 idly that the line was frequently broken, and inore than a 
 jniie long, in consefjucncc of several muddy fords near 
 Brownstown—that witness rode up to Gen. Hull anil re- 
 quested him to halt the front of the line, stating that if the 
 army should be attacked, they never could unite their Ibrce— 
 that in consequence of this application the front was halted 
 until the baggage came up, and then the army proceedetl 
 aloi.i>,- the river until it reached an Indian settlement of two 
 or three houses, when the General halted and the band play- 
 ed a considerable timc-tiiat tlie arn.y marched on some way 
 when a firing of cannon was heard in the direction of De- 
 troit or yaniiwich ; in consequence of which the march was 
 quickc'ied, and the principal part of tl;e army arrived at 
 Spriu;r>t'll^' '"'* ^''^' ^'''^'' ^"'"'' ^"*' baggage did not pass 
 Uiveriloug*'— witness thinks tliis was on the .^th. July— the 
 troops encamped at Hpriugwells. forn«ing one straight line. 
 The M itnc5n'i'«^'^'^'^*'''l3 '" '"* evidence, said that he believe^ 
 
01 
 
 the next day Col. Cass was sent to Maiden with a flag of 
 truce, and on the succeeding day, as witness thinks, returned 
 with the same in a bojit, in company with a man said to be a 
 British officer of the navy, and a boats erew of about half a 
 dozen— that these men passed at discretion by witness's 
 regiment, without being blindfolded — that after remaining 
 some lime, the British officer returned and halted in front 
 of witness's regiment and enquired where the rest of his crew 
 were, and was informed they were down the lines ; lie then 
 ordered tlie others to go in search of them, and during their 
 absence continued walking backwards and forwards in front 
 of witness's regiment, and could take a full view of the whole 
 encampment— that witness stated at the first in as moderate 
 terms as'l»e could, his displeasure and disgust, at seeing the 
 British officers indulged so much, and that General Hull repli- 
 ed in a good natured easy way, that *« it was not material, as 
 the more they saw of his force, the less they would like it,'' or 
 words to that effi^ct--that, soon after this, the General directed 
 tlie witness, and he presumes other commanders of regiments, 
 to put the troops in the best possible order for marching them 
 to Detroit, and they were accordingly marched to that place 
 tiloiig the river, leaving their baggage at Springwells— that 
 this march was performed lale in the evening, when they im- 
 mediately returned to Springwells, without halting, very late, 
 nnd the men much fatigued — That General Hull remained at 
 Detroit, consequently the command was supposed to have 
 devolved upon the witness— that witness is not certain 
 whether it was on that night; but one night, when the troops 
 were at Springwells and General Hull was at Detroit, the b 
 army heard as was thought, the movements of the enemy on 
 the opposite shore, transporting heavy carriages, supposed to 
 ])e artillery j upon which this witness despatched a messen- 
 ger to General Hull informing him of the impression — after 
 some time had elapsed the enemy were heard to cry < airsrvelV 
 on tlie opposite side — ilie Avitness docs not recollect who was 
 sent with the message, which was a verbal one, but heard 
 nothing in reply from the first messenger — that, after hearing 
 tlie cries of these centinels and ascertaining, as was supposed, 
 ihe mimber to be five, it was concluded by the witness, Col? 
 
fig 
 
 -Findlay anil Major Jessup that the enemy had formed an cia- 
 campment on the opposite side— Witness thinks he sent quar- 
 ter-master General Taylor and, he believes, Major Jessup to 
 inform General Hull of the result of tlieir observations, and 
 ivith a request that he would send down some boats, or have 
 them collected, and direct at what point they might be found. 
 
 Gen. M* Arthur was proceeding to state more particularly 
 the information which quarter-master Taylor was instructed 
 tb give G. Hull respecting an enemy's detachment being on the 
 opposite side of the river, and also that permission was reques- 
 ted to cut them oiT, when the prisoner addressed the Court in 
 the following words : " I beg that the J. Advocate may state 
 under what specification the testimony now given is offered, 
 and if it be not specified, under which of the chajges it is, X 
 object to it. 1 cannot be prepared to defend myself against 
 charges which have not been exiiibited. I pray (hat this ol)- 
 jeclion may be considered as extending to all the testimony 
 General jRI»Ar(hur has given relative to the visit of the Bri- 
 tish officer, as well as to that he is now giving relative to the 
 appearance of a British force while the army was at Sj)iing- 
 ^vells : and I pray that this objection may be entered on thq 
 minutes."— AVhereupdn the Judge Advocate waived for (he 
 present the farther examination of General M^Arthur on the 
 points objected to. 
 
 General M'Arthur, then continuing his narrative, said 
 that he thought, and still thinks, the landing place at Springy 
 veils the best and most commanding place for a battery on 
 Detroit river— one could have been erected there by a few 
 hands in a few hours— such a battery would have com- 
 manded the plain within cannon reach — there was none 
 erected from the 11th to the ICth of August, nor at any other 
 time— that when the army marciied from Springwells to 
 Detroit, it took a back route, which General Hull stated 
 ■was for the sake of preventing the enemy from ascertaining 
 his numbers, and for concealing his movements from Spring- 
 ■wells— that tlie army encamped at (he back of Detroit, and 
 continued, he believes, till the morning of the 12th July, when 
 it crossed the river in boats, in two divisions— the ith Keg. 
 and Col. Cass's ioimed the iirst division, witucss's regiment 
 
5S 
 
 aud ihat of Col. Fiudlay's were in the second division — lie be« 
 lieves there were not boats sufficient to transport the whole 
 army at one time — that after landing, on the opposite shore 
 nearly opposite Detroit, the expectations of the witness were 
 that the army would have proceeded on towards Maiden ; it 
 was however ordered to encamp, which was done ; and in that 
 place the main body of the army remained until it rccrossed 
 to Detroit. 
 
 The witness then continued to state as follows— That on 
 the day after the army crossed the river, orders were given 
 by General Hull to throw up an entrenchment round the en- 
 campment, which was done— that when the army arrived 
 there, there was a picket fence on the upper and lower side of 
 the encampment ; one also on the rear, but which not 
 suiting the views of General Hull, was removed and placed 
 on the bank side of the encampment. That on the evening 
 of the 13th, as witness thinks, after the bank had been thrown 
 up, and after the troops Iiad lain down and taken their first 
 nap, General Hull sent for witness and told him he had re- 
 ceived information from some dragoons that a party of Indi- 
 ans had been at Maiden and were seen returning up the De- 
 troit river towards the river Thames, and directed witness to 
 call out 100 or 120 men of his regiment to be joined by some 
 from Col. Findlays, with whom he was ordered to march at 
 a moment's warning and without provisions-.— at the same 
 time General Hull expressed a wish that witness should take 
 and secure some flour whidi was on the river Tliames — That 
 the detachment marched about seven or eight miles, when 
 tlie men lay down to rest and conceal themselves 'till day 
 light, being without provisions— that the next morning they 
 continued their rout until they were about twenty miles dis- 
 tant from General Hull's camp, and then halted, cooked a 
 cow aud bought some flour— on their march they saw some 
 Indians, all of whom escaped, except a squaw and three chil- 
 dve?i— that the detachment then proceeded up the Thames, 
 procured a considerable quantity of Hour and a number of 
 boalB and eanoes, and brought them to the main bod}^ 
 
 Goncial M'Avthur then said that about the time of his rc- 
 nira to Camp from the expedition just described? Co!. Cass 
 
5^ 
 
 and Miller were returning from river Aiix Canards— -that on 
 the next day, as he thinks, Col. Findlay was ordered with his 
 detachment to the same river, and, on the day succeeding, 
 another detachment was ordered down under the command of 
 Capt. Snclling ; perhaps on the third day after his return, 
 witness was ordered down to the river Aux Canards, with 
 part of his regiment, with a view to ascertain whetlier the 
 Queen Charlotte could reach the hridge with her shot — that 
 witness ascertained pretty well that slie was not in a position to 
 do so — that he met Capt. Snelling that morning, who said 
 he had been at the bridge — that witness's detachment fired 
 at long sliot at some Indians, wlio were approaching the 
 bridge, which circumstance drew out some troops from Mai- 
 den — 50 or 60 men wearing red coats, some nulitia and about 
 BO Indians, who were fired at across the river— ibat fires 
 were exciiangod across the river Aux Canards, and one or 
 two of our men were wounded — tliat some guns were at the 
 same time fired from the Queen Charlotte, but w hether with 
 any, or what effect, witness cannot say. 
 
 The Court adjourned until to mori ow. 
 
 lii/i day, Thursduij, Fchruanj 3rf, 181i. 
 
 The Court met pursuant to adjournment, when Brig; 
 General M'Arthur continued his narrative as follows — 
 Tliat when witness was returning he met Col. Cass also re- 
 turning, and understood tliat the Indians were killing some 
 of the iiibabihuifs on the Petit Cot seltlonient. That wit- 
 ness then returned with Col. Cass and found the informa- 
 tion to be incorrect — that he docs not recollect any other de- 
 tachment having been sent down to river Aux Cjinards, but 
 one under Major Dennie, nine days al'ter witness had return- 
 ed, which was delcafed by (be enemy an«l returned to the camp 
 the next morning — that frequent calls ofoffieers conmianding 
 regiments v. ere made by Ceneral liull, resjieeting measures 
 to be pursued, at least, ujion an average, once a day, while 
 ilie ai'niy was on t!ie Canada side ; at w bicii meetings (ieueial 
 iluU \\iis frerjuently urged to Jiiove on to river Aux Canards, 
 or down lo Maiden — witness thinks Uencral Hull said lic 
 
05 
 
 Qiily Avaitod io have some cannosi mounted (o make a breacli 
 in the enemj's works at Maiden. That about the time wit- 
 ness returned from river Thames, or French, the General 
 stated that he supposed cannon would be ready in a few days — 
 sometimes he said in two days, sometimes in four, at others in 
 a week, and so on— plans were frequently proposed for taking 
 down the cannon (2i pr.) to river Aux Canards — three float- 
 Uv^ batteries were commenced, two completed, but witness 
 does not recollect whether before or after the fall of Mack- 
 anac — that the opinions of the Gen. and of the field offi- 
 cers were frequently taken in the councils, and that Gen. 
 Hull declared that he apprehended that the fall of 
 Macanac would induce many Indians to descend the lakes, 
 or to siiower in from the upper lakes — He thinks it was at 
 that time that Gcnei^al Hull proposed to erect a picket fort on 
 the Canada side ; but the officers thought, and it was urged 
 by them to General Hull, that it would be more adviseable 
 to make an immediate attempt upon Maiden than to delay a 
 long time to erect the fort ; and they frequently stated to 
 him that there could be no doubt of success, as there was 
 frequent information, by deserters, of the enemy's force at 
 Maiden, as well as concurrent reports of the militia, some of 
 whom said that the regular force of the British did not exceed 
 two hundred, otliers stated two hundred and twenty — these 
 militia could never give the exact amount of the Indian 
 force, but supposed that for the first fortnight it was from 
 fifty to one hundred — they also stated that, at the 
 time of General Hull's crossing to Canada, the militia 
 force was about five or six hundred, but that they were 
 daily deserting, and there was no doubt, but that they woidd 
 leave ^Maiden upon the first appearance of our army — Com^ 
 mauding olficers were called upon by General Hull to ac- 
 company him to select a spot for erecting a picket fort--- 
 several were proposed by field officers, but were not approved 
 of by General Hull— at length a place was fixed on, by advice 
 of L^Iajor (then Lieut) Anderson as the General stated ; but, 
 in tijc witnesses opinion, one of the most unmilitary spots 
 for a fort on the river, so far as he Lad travelled—that wit- 
 
56 
 
 Uess told General Hull that the place was incapable ol' being 
 well ibrtilied, pointed out to hun tliat a man standing at a cer- 
 tain dis(anec (about one bundred vards) could overlook tbc 
 picket and tbe fort, so as to see a man's feet wbile upriglit in 
 the fort, and told bini that he himself could figbt a whole 
 garrison from that place. Tliat some days after the fall of 
 Mackanac was reported in camp, commanding officers Avere 
 convened, when General Hull stated that every thing (mean- 
 ing floating batteries &c.) would be ready in a few days, and 
 that the object of calling them together was to consult 
 whether it was best to wait a few days for the heavy cannon, 
 or make an attack on Maiden, or return to Detroit, leaving 
 a small garrison at the work about to be erected — that, as 
 witness believes, the officers were unanimously opposed to re- 
 crossing, and some were of opinion that we should attack j^Ial- 
 den immediately without heavy guns--that, at a counsel of 
 officers, it w as stated by two Artillery officers, that between 
 Forkey river and that of Aux Canards it was marshy, and 
 that near Maiden heavy guns could not be worked w ilhout a 
 platform — tltat another council of field officers was held, 
 when General Hull slated that he was about to send off Ma- 
 jor Van Home with a detachment to river Raisin, the amount 
 of which witness does not recollect, but believes to have been 
 about two hundre<l men— that witness stated to General Hull 
 that the number was too small, and that they would incTit- 
 ably be defeated ; on which the General appealed to the 
 other field officers present, who agreed with the witness that 
 the number was insufficient — each commander, (that is. Col. 
 Findlay, Col. Cass and the witness)— proposed taking his 
 own regiment, which would then have formed about double 
 the force of the proposed detachment— Major Tan Home 
 was however, detached. Witness well remembers, after Ma- 
 jor Van Home left the camp, his (witness) going to Genera) 
 Hull and telling him what he thought of jMajor Yanhorne's 
 danger, and recommending his sending a farther force to join 
 him that night ; when the General replied that Major Van- 
 borne was sent by a back route. AVitness then told General 
 Htdl, that he had been informed by a couple of Frenchmen 
 (hat there ^ve^c no back roads that they knew of, and that ih" 
 
07 
 
 couiiirj was intersected mth marsliy prairies from below the 
 river Aiix Canards ; and he again requested General Hull to 
 send a farther force tojoin Major Yanhorne, but the General 
 paid little attention, and replied there ^vas no fear, he would 
 do very well. 
 
 Brigadier General M^ Arthur then stated, that he was 
 afterwards s^nt for by General llull, who said he intended 
 to leave the witness with liis regiment to occupy the picket 
 fort which he so cordially despised, and that he himself, 
 with the residue of the army would return to Detroit— that 
 on this, witness became warm, and in his reply to the General 
 stated the hardship of his regiment being left to be sacri- 
 ficed to the enemy, and said that if it were his order, he would 
 obey it, but thought it would be better to Iiave a force de- 
 tailed— tliat witness stated, and it was admitted by the Gen = 
 oral that the work could not be defended against cannon, 
 but only against small arms, and there was no doubt that 
 the British would bring cannon— he recollects telling the 
 prisoner tljat he thought the leaving a detachment there 
 could only produce disgrace to the officer, though it might 
 cover his own disgrace in recrossing to Detroit ; upon which 
 General Hull made in reply an insinuation of cowardice in 
 the witness, who became warm and felt much hurt by the in- 
 sinuation, and said that if General Hull would advance to 
 Maiden, he would prove that he could go as far as the Gen- 
 eral or any of his "friends could go or would dare to go- 
 that witness then retired, and in about an hour after, an or- 
 derly came to desire witness to repair to General Hull's 
 iiuarters, where he was met by the other commanders of 
 regiments ; on which occasion General Hull stated that he 
 had culled them together for the purpose of adopting their 
 opinions as his own—that as the oiHcers, including his own 
 son and his son-in-law differed in opinion from him, respect- 
 ing the re-crossing tha river, he would move against Maiden 
 at the jiead of his troops, <* and," said he, «in whatever 
 manner the affair may terminate, I never will reflect upon 
 you, gcntleraen."~Immediately after which an order was 
 issTied to prepare for an attack upon Maiden— witness 
 flunks this was on the day before the army re-cjessed— The 
 
 H 
 
58 
 
 determination was comniiinicated to tlie platoon officers, an5 
 bj tliem to the troops, >vho appeared higljly pleased at the 
 confident expectation entertained ot* attacking tlie eucu?y — 
 These preparations were continued nntil about the middle 
 of the next day, when General Hull again sent for the field 
 officers, and stated to them, that notwithstanding the respect 
 he had for their opinions, he considered himself responsible/ 
 for the movements and the ultimate fate of that army, and 
 that he had come to a determination to re-eross the river, 
 for the protection of the fort and town of Detroit, to which 
 witness replied, " Well, General, if it is your opinion, it must 
 be so, but I must beg leave to decline giving any further 
 opinion as to the movements of the army." — Upon the pro- 
 mulgation of this order to the men, they appeared dispirited 
 and dejected, and seemed regardless of what they did— The 
 army recrossed according to order and took post at the back 
 of the town of Detroit. 
 
 The witness then proceeded to state that, as he thinks, 
 on the day the army recrossed, Col. Miller was despatched 
 (as before stated) to open a communication with the Rivci" 
 Kaisin, and thai on the evening of the 9th July, witness was 
 sent for by General Hull who acquainted him of the battle 
 of Col. Miller's detachment at Brownstown, and ordered 
 witness to collect the boats and proceed with one hundred 
 men to bring back the wounded, but to call iirst at the com- 
 missary's stores and draw one day's provisions for Col. IMil- 
 ler's detachment, which was out of provisions— that tlie wit- 
 ness was detained three or four hours in procuring the pro- 
 visions, in which time he met with Col. Godfrey, of the 
 Michigan militia, who appeared to know the business oa 
 which witness was going, and who told witness that he might 
 go, but it would be impossible for him to reliirn with his de- 
 tachment on the river ; and Col. GodelVey "was therefore 
 desired by the witness to come down with some waggons, 
 vvhieli he did— witness then j)roceeded on the service ordered, 
 effected the objects, returned as far as he could by water, 
 and then took the waggons brought by Col. Ciodefiey to 
 transport them to Detroit — during part of the time, the 
 enemy's ships were firing grape and other shot upon tht 
 
09 
 
 • 
 
 detachment. Tliat on his return to Detroit, witness was in 
 formed that there was some ordnance transporting by the 
 British on the opposite side, which he in part saw, and that 
 there were four men in red coals— this matter he communi- 
 cated to General Hull, who replied, as witness thinks, that 
 he had heard of it— that witness asked if he knew where 
 the artillery stopped, but the General did not know — Avitness 
 expected that if he did know, they could have been dislodged 
 fey our batteries. That, an hour or two after this, G. Hull 
 sent for the witness and informed him that intelligence had 
 arrived that some of tlic enemy had landed at Hog-Island, 
 and directed witness to proceed with some of his dragoons 
 and endeavour to ascertain the fact — witness did so, and distin- 
 guished by means of a spy-glass, a bright bay horse, but heard 
 that no British had crossed to the Island-that after proceeding 
 several miles up the river, witness returned, and on his re- 
 turn saw fifteen or twenty men with red coats, on the oppo- 
 site side of the river, employed in digging — this witness 
 thinks was on the morning of the 14th August, and the men 
 were at the same place where the enemy had been erecting a 
 battery previous to the American army's crossing to Canada. 
 That about the middle of that day General Hull sent for the 
 witness, and stated that he had received a letter from Capt. 
 Brush, dated at River Raisin, where he had arrived on his 
 way to Detroit, whither he meant to proceed by a back route ; 
 in which letter Capt. Brush, expressed a wish for a detach- 
 ment to meet him — that, soon after witness had returned to 
 Camp, an order was issued for him and Col. Cass to send one 
 hundred and fifty men from each of their respective reg- 
 iments, making 300 men, and to proceed upon that service — 
 that in the afternoon General Hull asked the witness if he 
 was ready to march | witness replied he was, but, as usual; 
 without a bit of any thing to eat — General Hull said, " The 
 detachment must not be detained. Go on, provisions will be 
 sent by men well acquainted with the roads you are to take." 
 The detachment was directed to proceed to a certain point 
 and wait for guides, which it did — the guides eamo, and old 
 €ol. Godefrev was one of them. 
 
60 
 
 Question hy the Court — Was it usual, when Geueral orders 
 were issued for sending out detachments, that those orders 
 directed a supply of rations for any number of days ? 
 
 A. None, when I was ordered on detachment. 
 
 General M' Arthur proceeded with his narrative, stating 
 that the detachment after halting that night, proceeded on 
 their march on the morning of the ISth, having on the pre- 
 ceding evening gone 2i miles from Detroit, and that many 
 of the men were quite exhausted — that the guides were 
 mounted, and they had five or six dragoons, some of whom 
 were despatched to tlie river Huron as far as Godefrey's 
 trading house, unless they should meet Capt. Brush, in 
 which case they were to leturn with the information — they 
 returned in the evening, not having seen any tiling but In- 
 dian traits — On tliis a consultation was held.with the officers, 
 who considered it useless to proceed — they had heard nothing 
 of the provisions which were to be sent after them. That 
 the detachment then eonmienced their return, and after 
 travelling half a mile towai'ds Detroit, met some mounted 
 men witii a note from General Hull, tlie substance of wliieh 
 Mas that General Brock v/as on the opposite side of the river 
 i:ud had summoned the town to surrender, and ordering the 
 detachment to return as soon as possible— one man pro- 
 eeeded according to orders to river Raisin. Witness then 
 said tsiat during the niai'ch of tlic detachment on its return, 
 ihe rear could not keep up, and 1m o men v. ere put on each 
 horse, in order to relieve them — that at night the men were 
 permitted to lie down, and the officers stood eentinels — that 
 on the morning of the IGtiu they resumed their march, and, 
 shortly after leaving their encampment, heard the firing of 
 cannon, Mhich occasioned them to hasten their march until 
 they crossed the river Rouge — Avhen they readied the spot 
 of encanijmient on tlie iirst night from Detroit, the men 
 were halted for refreshment, and three or four mounted 
 dragoons (one a Frenchman) were despatelied to ascertain 
 Mhat was (lie occasion of llie firing — ihat tlie march Ma:-* 
 then resumed and continued until within three or four miles 
 ofDeMoif, Mben soraeoflhe dragoons llrst despatched werv 
 mvt; wlio gave iisiormation that they Iiad seen forty or iliV; 
 
61 
 
 ladians at Ihe back of Detroit catching horses and killiug; 
 catlle, and that tliey had seen some person who informed 
 them that tlie fort had surrendered ; they said however that 
 the American flag was still flying at the fort — that the de- 
 tachment was then draAvn up in line of battle j that they 
 soon heard that General Hull had agreed to surrender the 
 fort ; and that the American colours would be hauled down 
 at 12 o'clock. 
 
 General M' Arthur said, that, on receiving this intelli- 
 gence, it was determined to make a retrograde movement of 
 about three and a half miles on the river Rouge, about the 
 mouth of mill creek, where an ox was killed, roasted and 
 eaten by the men without bread or salt, being their first meal 
 since they left Detroit, excepting some green corn. That a 
 council of officers was held, in which some proposed a farther 
 retreat, while others thought that by such a measure they 
 would immediately fall a sacrifice to the Indians ; and finally 
 it was resolved to send Capt. Mansfield with a flag to ascer- 
 tain what terms were or could be made for our detachment, 
 with a perfect understanding of the sentiments of the officers 
 of the detachment, and with instructions to return — that a 
 short time after captain Mansfield's departure, captain 
 Elliot came with some Indians and a flag, and delivered a 
 note from General Hull addressed to the witness — he also 
 brought the articles of capitulation— Some other British of- 
 ficer came with some of those who accompanied captain 
 Mansfield — captain Elliot stated that he was going on to 
 captain Brush to inform him, and obtained a few lines from 
 witness to him, written on the back of General Hull's letter — 
 that the detachment then marched into Detroit, accompanied 
 by T^Iajor's Dixon and Erbb of the Indian department— that 
 with respect totlie ammunition in fort Detroit, he recollects 
 seeing a great many cannon balls passing about the fort, and 
 he thinks he saw about 40 casks of powder, of about 100 lbs. 
 each — he heard of no scarcity — the general calculation was 
 that there were provisions for about 25 days for the army — 
 that is public provision, independent of other provisions in 
 the power of the army. 
 
 Here General M* Arthur's narrative Avas concluded.. whcB 
 he was examined by the members of the Court. 
 
6a 
 
 Q. How many men oould your boats take over at a time ( 
 
 A. IMote tliaa one thousand. 
 
 Q. What was the strength of your regiment, on the lith 
 August, in the morning ? 
 
 A. About live hundred effective. 
 
 Q. What was tlie number of provincial militia on tbe 
 Canada side ? 
 
 A. One or two hundred. 
 
 The Court then adjourned to the next day. 
 
 ±bth day, Friday Uh February, 1814. 
 
 The Court opened as usual, all the members being present,, 
 when Brigadier General M' Arthur was cross-examined by 
 the prisoner. 
 
 Q. Were you with the army at Stanton ? 
 
 A. I was. 
 
 Q. Was not the army ordered out for the purpose of 
 inanceuvering ? 
 
 A. My regiment was every day, I tliink, that we were 
 there— the three regiments were one day out together and 
 marched to the other end of the town. 
 
 Q. Did they not pass me in review ? 
 
 A. I do not recollect. I think I saw General Hull out in 
 the street as we passed up and down. 
 
 Q. Did not tlic whole army turn out to receive the 4tb 
 regiment on its approach to Urbana, and was it not reviewed 
 by General Hull in company with Governor Meigs. 
 
 A. 1 recollect seeing the General and Governor Avifh 
 some musicians in the street on the left, to whom the ordinary 
 salutes were paid. 
 
 <^. Was not the Avhole army marched out of Urbana in a 
 body for exercise ? 
 
 A. To my recollection, they turned out for General Hull 
 and Governor Meigs. 
 
 (^. Was not General Hull in command of the army a( 
 that time ? 
 
 A. I believe tlic command was transformed to him at 
 Dayton by Governoi' Meigs. 
 
 Q. Do you not recollect my passing the army in rcvicWji 
 and returning in consequence of a storm ? 
 

 63 
 
 A. I do not recollect, but think it possible. 
 
 Q. When the army liad crossed the Miami; as you Iiavft 
 stated iu your direct examination^ did they not pass me in 
 review at the village ? 
 
 A. I think I observed General Hull standing with a band 
 of music, about thirty yards on the left of the road — I recol- 
 lect being called by General Hull to take command of the 
 army, as he was going to stay sometime in the town. 
 
 Q. Did not the army in passing the General salute him, as 
 is usual at reviews? 
 
 A. It is probable that the army saluted, but not as is usual 
 at reviews, as the general was not situated as is usual at 
 reviews. 
 
 Q. Did you salute the general as you passed ? 
 
 A. I think I did, but am not certain, as he was rather at a 
 distance j possibly I did. 
 
 Q. Were the men mustered on the last day of June, by my 
 orders ? 
 
 A. I do not know whether it was by the general's orders 
 that the men were mustered on that day, or whether it was iu 
 consequence of the standing custom to muster the men on 
 the last day of every month, for tJie purpose of drawing pay. 
 The general may have issued the order. 
 
 Q. You have stated that in passing the settlement of the 
 river Raisin the troops went through the usual parade. Was 
 that done by my orders, and did not the troops pass me in 
 review ? 
 
 A. I think it was, and to the general surprise and dissat- 
 isfaction of every officer I conversed with on the subject. 
 I think the general was passed in review — This was after the 
 declaration of war. 
 
 Q. Was not the camp at Swan Creek fortified j and if s«j 
 was not that done by my orders ? 
 
 A. It was usual to fortify the camp by falling trees around 
 it ,• a manner adopted by General Wayne, suggested and in- 
 sisted upon by the commanding officers of regiments to 
 General Hull, at the commencement of the march. I do 
 not recollect any particular orders, but the camp was so far 
 <ified on that night. 
 
64) 
 
 Q. Did General Hull make any objection io the niodc ot 
 fortification ? 
 
 A. I do not recollect that he did. 
 
 Q. Was the paper now shewn to you an order of battle at 
 any time and when agreed upon ? 
 
 A. It looks like the order of marcli, but is not that of bat- 
 tle — Here the witness stated that on his direct examination 
 he did not recollect that any order of battle had been agreed 
 upon, at the time he alludes to, at Swan Creek ; but that upon 
 subsequent reflection and conversation with some of the offi- 
 cers, he now recollects that, at the time, in addition to per- 
 mission being gi\en hiui to form his regiment as mentioned, an 
 order of battle was suggested and agreed upon by the officers. 
 This was on the evening after he obtained permission— but 
 he does not recollect if General Hull was consulted or not. 
 
 Q. Did General Cass accompany the British officer to 
 General Hull's quarters after landing near Spring Wells ? 
 
 A. Some time, perhaps an hour, after the boat arrived at 
 the shore I saw the officer go to general Hull's quarters and 
 General Cass with him, having first passed by in tlie boat. 
 
 Q. Bo you know that I had any information that the 
 British sailors were about the camp, in the manucr you hav« 
 mentioned ? 
 
 A. I do not know that the General liud any information, 
 any more than seeing them pass about his own quarters. 
 
 Q. Did you send me any sucli information ? 
 
 A. 1 did not know tliere were any more than those seen 
 about tlie General's quarters until I heard more enquired 
 for. I did not send any information to the General. 
 
 Q. You have stated that on llie lith August, the British 
 fortified opposite Detroit. Will you state the situation of 
 the fortiiieations they erected in relation to tlie works in 
 whicli Major Dcnnie was left, when the army retuined fioia 
 Canada ? 
 
 A. The place where the British were at ^vork was abouf 
 one iiundred yards above the place where we cncampe<I 
 when on tlic Canada side, and about half a mile from llie 
 Morks where Major Dcnnie was left when the main bod) of 
 the army crossed the river on the 1st, July. 
 
65 
 
 Q. Whether was there any other information received oi 
 U declaration of >yar, excepting what was received at Find- 
 lay's block house ? 
 A. I do not recollect any other. 
 
 Q. Was I not always at the head of the army in passing 
 through the vvilderaebs f 
 A. I believe you were. 
 
 Q. When I had occasion to be absent, did I not give in» 
 formation to you, as second in command, to take the com," 
 xnand of the army ? 
 A. On the march I believe you did. 
 Q. Was I not at all times during the march, while with 
 the army, in a situation to have ordered a disposition of the 
 troops in case of an attack. 
 
 A. I cannot say, as I was in the rear, and understoodt 
 General Hull to have been in the front. 
 
 Q. Was not the order of march reversed sometimes ^ 
 ivhich brought your regiment in front? 
 
 A. I do not remember its being so reversed, until the 4tl* 
 Regiment joined us at Urbana — before that time my regiment 
 marched in front. 
 
 Q. (By a member of the Court.) Did not General Hull 
 arrest or threaten to arrest you, when you told him his ob- 
 ject was to disgrace the officer detached to remain at Sand-< 
 wich, to cover his own disgrace? 
 
 A. I did not hear any thing of an arrest, but confess I 
 expected one. 
 
 Q. Had you any orders to permit the British officer to 
 review your regiment : if not, why did you permit it ? 
 
 A. I had no such orders. The officer on his return from 
 the General's quarters was accompanied, I believe, by Capt. 
 Hickman, the Geuerui's son in law. They stopped in froH^; 
 6f my regiment. 
 
 The Court adjourned till the next day, 
 
 ±6th datji Saturdaij, 5th February, 1814^ 
 
 The Court met pursuant to adjournment, when, all the 
 members anc^ the prisoner being present; Brig, Qm^'f'J 
 
6fi 
 
 Lewi'i Cass was again culled, ami was proceeding on his di 
 red exambudlon, when an objection was stated by the pris- 
 oner, and the examination of Brigadier General Cass was for 
 the present waived by the Judge Advocate, as the introduc- 
 tion of the British officer into the camp near Springwells was 
 nol contained in the specifications of charges against the pris- 
 oner. 
 
 Lt. Col. Thomas B. Vanhornc, of the 26th U. S. Infantry- 
 was then sworn, and said that he belonged to the North west- 
 ern army, under Brigadier General Hull ; that he joined the 
 army at Cincinnati on the U5tli April, 1S12 ; was a major in 
 Colonel Findiay's regiment in the May following ; and con- 
 tinued with the army until the capitulation— that he was twice 
 on detachments when at Uibana ; and was a member of the 
 first general comicil of ilcid oificers, commandants of corps, 
 the quarter-master General and the Brigade major, held in 
 Cujiada about the 1st August— that when the Council was 
 assembled, General Hull addressed them from a written paper 
 which he held in his hand— the witness does not recollect the 
 reasons for calling the council, excepting the situation of the 
 army and the expectation of a great Indian foice to de- 
 scend from the north — lie docs not recollect any force at the. 
 river Kaisin— he says that the General expressed his wish to 
 keepopen the communication with 01;iO"-that the officers dif- 
 fered in opinion from the General, as to the measures he was 
 about to pursue ; as it m ould be necessary to recross the river 
 with the whole or part of the army to DeJroit, and to take 
 positions with the army on the road to the river Raisin, and to 
 build blockhouses at Brownslown-'-that the river Raisin, the 
 Rapids and Brownstown were three of the points that were 
 mentioned— there had been a block-house built a few miles 
 from Detroit and between it and the Rapids -witness says tliat, 
 G. M'Arthur was of opinion that the army had better attack 
 Maiden immediately, in which opinion the officers generally 
 concurred— It Avas thought -hat notwithstanding (he Block- 
 houses (he Indians wonhl still cut oil* our supplies, a de- 
 scenl on Mahlen seemed to be generally detei'mined ujmn in 
 the Council ; and (he General appeared to relinquish his own 
 plan and to fall in with the general opinion— that a questioii 
 
,^ 
 
 67 
 
 theu arose whetlier tlie array should proceed to make a de 
 scent directly on Maiden, or wait two or three days for the 
 heavy artillery already mentioned— that votes were taken, 
 commencing with the youngest ofKeer, and all taken except 
 one— G. Hull, who had taken the names, rose from his seat 
 and appeared pleased that there was a majority of officers in 
 favour of waiting for the artillery— that witness, who kept a 
 minute of the votes, observed to the General that the question 
 was not decided, and that the votes were equal — Gen. Hull 
 appeared then to count the votes, and said again that there 
 was a majority in favour of waiting for artillery — witness 
 again observed that tliere must be a mistake, as there -was 
 not a majority in favour of that--tiiat the General then applied 
 to Mr. Wallace, who was sitting on his left, ^id while that 
 gentleman was counting the votes. General Hull observed 
 that he had not taken the opinion of Quarternmstcr-gencral 
 Taylor, and apologized to him for the omission — witness 
 says that there was then a majority for waiting for the artillery. 
 Lt. Col. Yanhorne then said that on the ith August, he was 
 detached with 150 riflemen and a number of militia-men who 
 had refused to cross into Canada to meet Captain Bush on tlie 
 river Raisin, coming with provisions. The instructions from 
 General Hull to major Yanhorne were then read, dated Sand- 
 wich, 4th August, 1812, (marked G. Yanbeurcn) also the 
 General orders of the same date, from Detroit, (marked H) 
 Lt. Col. Yanhorne then proceeded to state that pursuant to 
 lliose instructions, he crossed the river to Detroit, that night, 
 with the riflemen, and collected the militia who were to 
 go-— that when General Hull gave those instructions 
 to him, he told the witness that although those instructions 
 were written ones, if he found it necessary he might deviate 
 from them— this was said, as witness believes, in presence 
 of General Cass and Captain Hickman or Captain Hull— 
 witness says that he proceeded with the detachment, crossed 
 the bridge over river Eoorces aad proceeded about eleven 
 miles ; then posted his centinels and allowed his men to lie- 
 down to rest— that about day liglit he called the men to- 
 getiier, having no music, and directed tliem to cook sonic 
 provisions; wliiio he himself went to the settlement in ordri 
 
68 
 
 to find out the back route mentioned in his instructions, awoke 
 the people collected all the male inhabitants, and enquired 
 concerning the back road, when they declared they had 
 never heard of such a road — that he then asked if one or two 
 of them could not guide him through the woods — one of them 
 answered that if the sun were to sliine all day, he thought he 
 anight, but otherwise he might lose his course; that the coun- 
 try was very swampy and he thought it would be impossible to 
 get through— that witness then sent one of those men off to 
 General Hull at Detroit, to say, that in consequence of not 
 finding any back road, as stated in his instructions, he would 
 take the Brownstown road, where the General might direct 
 the mail to follow—that while on the march he received the 
 letter marked J.--he does not recollect whether he received 
 it at Detroit %• on tlie morning after, but it is in the hand 
 ■^vriting of General Hull- -that witness sent back a few men 
 Nvho were unable to march, and proceeded on his way, intend- 
 ing to make the river Raisin, and had advanced about three 
 miles, when Capt. M'Culloch and witness's waiter were fired 
 upon by a i>arty of Indians, about seven in number, the former 
 ■*vas killed— Captain M'Culloek was acting as a spye and 
 moving about. 
 
 Q. (Bij the Court,) Had you no flanking guards ? 
 
 A. There were no flanking guards— tlie fire took place 
 after the detachment had passed on the road. 
 
 Witness then said that he formed his detachment into a 
 single line, and ordered them to encircle the ground where 
 they had just heaid the firing— the left of the detachment 
 ^vrenched up the corner of a fence when it received another 
 fire from those Indians ; none of the Indians were killed upon 
 Ihe return ol' the fire, but one of Captain Kostan's company 
 '^vas killed— witness then formed the musketry under Captain 
 Gilchrist — moved up the remainder of tlie detachment and 
 formed three sides of a hollow square, leaving the rear open 
 \vhile the men went to bring up the dead bodies— that about 
 this time witnes^s was informed that the mail was near at hand, 
 and wished witness to wait and give it escort— that this was 
 •about 9 o'clock in the morning — that having no tools to dig 
 graves, witness had the bi>dicti of the slain covered wiih a« 
 
Indian bark and lodged near a tree— witness says that about, 
 this time the Captain, in front reported that he saw about 
 thirty Indians, who made offupon discovering the detachment, 
 upon which witness called the officers together, and gave di= 
 reetions that the orders of Captain Lewis and of Ensign 
 Hawkswel should he obeyed as his own— that the troops were 
 then formed, an advanced guard sent under Ensign Roily and 
 a rear guard under Captain Bostler— that the detachment 
 marched in two columns in files, about thirty yards on each 
 side of the road — that the advanced guard marched in files 
 in two columns, and had three mounted men at the head of 
 each column — that Captain Bostler being unwell, witness had 
 lent his horse to him, but being apprelicnsive of an attack, 
 iook it back and cautioned the men to be prepared for action ; 
 that the detachment was then near Brownstown-creek ; that 
 they marched about three hundred yards, and when the ad- 
 vanced guard got to the edge of the creek and in a prairie, 
 the detachment was attacked by a body of Indians who could 
 jlot be seen, and whose yells only were heard : that on the first 
 attack the Indians left behind them a small trunk and a few 
 blankets : witness says that on this second attack being made, 
 he ordered the detachment to retire to the edge of the wood and 
 there form the line, as it consisted principally of riflemen— = 
 that from tlie number of guns discharged he supposed the 
 enemy to be more numerous than the detachment — that it 
 was considered that a charge would have been ineffectual, as 
 the enemy could not be seen— that Captain Bostler was 
 wounded in the head — that witness endeavoured to form the 
 line, our troops constantly firing as they retreated — that the 
 mounted men escorting the mail as well as the others went 
 off into the woods, rendering no assistance — that witness 
 could not get the men formed until they had retreated a quar- 
 ter of a mile — that they then kept up a handsome fire for 
 abont five minutes, when the fire of the Indians totally ceased. 
 Witness says that, seeing a copse of trees appearing in the 
 prairie like an Island, he ordered a second retreat, and the 
 line to be formed al the licad of the Island ; but that, not 
 !i?vinii; any assistance from the mounted men^ lie could pot 
 
70 
 
 Ibi'iii the detaeliment : they retreated in disorder by squads. 
 Witness says that at the first fire Captain Luear's horse \vas 
 shot — that the loss was eighteen killed and twelve wounded, 
 and about seventy missing— that he supposes the Indian's 
 force was from one hundrt'd and fifty to two hundred men — 
 that, at the time Captain M'Cullock was killed, he heard that 
 boats had been passing all nignt, and it was from tliat con- 
 cluded that about three hundred Indians must have crossed — . 
 witness then said (hat on his return he met Captain Snelling's 
 detachment at Springwells, who came, as he said, to cover 
 witness's retreat — that he reached Detroit on the evening of 
 ihe 5th, when most of the missing men returned to Camp ; and 
 Ihat on the same evening he reported himself and liis com- 
 mand to General Hull. 
 
 Major Yanhorne, continuing his evidence, said that he 
 never was at more than two or three Councils, and having 
 heard the statements of Generals M'Arthur and Cass, does 
 not recollect any thing in addition to what they said, except- 
 ing that on tlic morning of the 16th of August, Colonel Find- 
 lay received a verbal order by Captain Ilull'to form his reg- 
 iment in line, in advance, and South west of Fort Detroit, in 
 the rear of the picket fence, with Col. Cass's regiment on the 
 right and Major Dennie on the left, with a company of tliirty 
 waggoners and some citizens ; and that the whole force on the 
 line amounted to between eight and nine hundred, but what'the 
 force of the Micliigan militia was he could not say — tluit the 
 picket fence was about seven feet high, and completely cover- 
 ed the men — that about an hour before the white ilag was 
 hoisted, and when the men were formed in tliis manner, 
 Genei-al Hull came out during the cannonade and appeared 
 satislied Mith our position— it was then understood that (he 
 iiritisli had crossed the river— General Hull staid fi'om three 
 to live minutes— witness says that he saw the Indians at 
 three quarters of a mile distance, and General Brock with 
 somel5'.itis}jo}ncerson horseback eonsn'.unicating with (hem-- 
 tliat after this, major Sncliiiig came out to (he line and ask- 
 ed for Col. Findlay ; the cannonading had then ceased, and 
 witness then, for the iirst time, saw (he white flag on the fort-- 
 
•7.1 
 
 that Major Suelling* addressed himself to witness, sayiiig^ 
 « where is Col. Fintllay ?'' and that Col. Findlay's regiment 
 must retire into the fort; that a flag was out and must not 
 be violated — that Col. Fiudlay did not appear satisfied at this 
 order hut said it must he obeyed ,• alul then ordered witness to 
 march his battalion into the fort and stack arms, which was 
 done. Witness is not certain whether or not General Hull 
 was in the fort when he went in — he thinks Lieut. Hunt told 
 him, as he was going in, that G. Hull had surrendered. He 
 says that Gf^u. Hull desired witness and several other officers 
 to come into a room, where he told them that he had surren- 
 dered the town and fort of Detroit, and was about making 
 terms ; and asked if they thought of or wished for any con- 
 ditions—witness thinks he saw General Hull near the door 
 of one of the rooms in the same situation that Major Snelling 
 stated, and, from his whole appearance, was immediately im- 
 pressed with the idea that he was under the influence of fear ; 
 and, at the time, communicated his thoughts to some of the 
 ether officers. Witness says that some time after General 
 Hull invited the officers into the room, he saw Col. M'DonakI 
 and Captain Glegg ride up to the fort and come into the room, 
 but he does not know if Gen. Hull was in a marquee or not, 
 or where the terms of capitulation were made or agreed 
 upon — he says that the fort was very much crowded. Wit- 
 ness further says that about the 20th or 25th July, lie was of- 
 ficer of the day, and when, as was customary he called oh 
 Gen. Hull for orders, he, General Hull, estimated the reg- 
 ular force at Maiden at about two hundred, and that of the 
 militia to have been originally about five hundred ,• but said 
 that, from the best information he could obtain, it was theu 
 reduced to about two hundred and fifty, and that they were 
 leaving them daily— the Indian force he at the same time 
 computed at about three hundred. 
 
 Q. (By amemherofihe Court.) What was the appearance 
 of General Hull at the time he rode out to your detachment., 
 after the enemy had crossed. Was it firm and animating? 
 
 A, I think not. 
 
CROSS-EXAMINED BY GENERAL HULL. 
 
 Q. Had you not aa authority to take a larger force from 
 the troops at Detroit, on the 4th August, than you did take ? 
 
 A. I think I had, I was authorized to take a company-— 
 Capt. Gilchrists's Lieut. Pentz's, and Ensign Baker's men— 
 Capt. Gilchrist was at Sandwich when I took the command 
 and received my instructions : I desired him to cross and 
 draw rations— he had some difficulty in procuring them; 
 took hread and went without the rest — Captain Gilchrist's 
 company liaving heen sent tlie day hefore was much fatigued ; 
 I tlierefore took only thirty five men, and on the next day 
 Was obliged to send back five or six, on account of their being 
 lame and imable to march. I did not think it necessary to 
 report this to General Hull. Wc never counted on having 
 more than two thirds of the companies when ordered out 
 upon detachments by companies, detachments and regiments. 
 
 |C7* Colonel Yanfiorne corrected this by assigning a reason 
 wliy the detacliments could not be more complete. 
 
 Q. Had not the commanding officer at Detroit orders td 
 place under your command all the militia who had refused to 
 cross over to Canada ? 
 
 A. I do not know for certainty, hut presume not, as only 
 three platoon officers were ordered. 
 
 Q. Had you not an order to take all the riflemen of the 
 army ? 
 
 A. I had ; and did take all those of my own battalion, fit 
 for duty, and those that were paraded by adjutants of corps. 
 
 Q. (To Generals jM< Arthur and Cass, as \\ell as to CoL 
 Vanhorne)--What was the force under Major Vanhornc ? 
 
 A. (By the same.) The whole force under Major Van- 
 home was estimated at two hundred— It wag a subject of 
 much conversation at the time, and with General Hull, tha> 
 ♦he numl'cr detached was not sufficient. 
 
 Q. How many troops were there with the mail ? 
 
 A. About IS or 20 mounted uien. 
 
 Q. Before you were attacked at Brownstown, had you scut 
 any of your spies or rtconnoitering parties forward? 
 
 A. I did not, bocaiise 1 thoui^ht \\. would not dn fo tike rr 
 
nu much time as to teeonnoitre at every crevice or creek, hav- 
 ing to return the aext night, making the best dispositions in 
 m J power. 
 
 Q. At the time I came to Col. Findhiy's regiment on the 
 morning of the 16th, did I not go to the other forces stationed 
 near you ? 
 
 A. It is probable ; 1 did not see yoii. 
 
 Q. How long was it after you stated to Captain Bostler 
 that you might be attacked in a short distance, that you w ere 
 actually attacked. 
 
 A. I cannot say exactly as to the time, but think it was 
 about half an hour — we had marched about a quarter of a mile. 
 
 Q. Do you not know that on the 15th and the following 
 night, I had undergone great fatigue : and among those indi- 
 cations of fear which you observed, did you observe any in- 
 dications of fatigue, care and anxiety or of either of them ? 
 
 A. I do not know. General Hull was on the ground once^ 
 about 12 o'clock at night, where we (Colonel Findlay's regi- 
 ment) were posted, and, I believe, once on the next morning, 
 when the men were cooking their breakfast, and another 
 time at the picket fence — General Hull was on horseback — 
 He appeared dull, heavy, dispirited, and without animation-— 
 I have no doubt his anxiety added to this appearance. We 
 had all been fatigued ; but, on comparing faces with other of- 
 fieers, there was an evident difference. 
 
 The Court adjourned to Monday next. 
 
 IVtJi daijf Monday, fth Febimainjf 1814, 
 
 iThe Court met pursuant to adjournment — all the members 
 were present — Lt. Col. Yanhorne appeared, heard tb<' ev- 
 idence read to him, and made some alterations ; upon which 
 the Court was cleared to discuss the subject, as also to con- 
 sider the propriety of putting a question to General Cass 
 concerning the introduction of a British oJiieer into the Camp 
 at Springwelis — The following was the question submitted 
 to the Court, to be put to General Cass — " By whose order 
 he (General Cass) introduced the Sritis!& offieer into the 
 
 K 
 
74 
 AB>erica>i can,. »t Sp-ingweUs ?_State particulavly tl.e 
 c,,cum.tuncos attending U."-I. «as . ecd-d "">< ^J' <^' "^ 
 tion be iml to General Cas,_TI,e objeet.on made bj be 
 nrhoner to tbe alteration ofevidenee onee taken, was in the 
 ? ; words : " The testin.ony is read over to the » .tness, 
 is 1 conceive, for these ,,„rposes_f,rst. for the purpose oi 
 a eertaining whether the expressions he used have been wr.- 
 teTdown, a'nd seeondl,, to allo» bin. to e.pla.t, b.mse f 
 his meaning in any respeet shuuUl be m.sunders.oo.l.-I l>e 
 witness adn.it , or if the Court should be foP"'-' ' "^'^^ 
 «„rds ho used have been written, then be ought not o te 
 ^enut.ted to change those words. But. if the --;^l^^^^ 
 to ,.,al<e anv explana.ion of Lis language, u ought o .ippeai 
 It ucb upon the reeord : and. if this rule be no. adhered to 
 Twi^ness may varj bis tes.iu.on.v according to.mpress.ous he 
 ia "have received after bis lirs, examination. 1 do not mea« 
 To -Ipply tl>e ol'*"™' •" '» Col- Vanhorne; but the p,;ine,ple 
 may be important as respects the les.imon, of w.tnesses , 
 "hi may be called, upon whose veracity there n.ay be less 
 ; iance^than on Col. Vanhorne's."-The Court o,-dered •• that 
 he testimony of every witness shall be read to h,m on ea h 
 dav, as far a it has proceeded, and be approved by htm ; and 
 ■t-,y corrections take place afterwards they sbal appear as 
 such but. until tbe testimony is read to b,m as aforesa.d, he 
 sblu have the conlroul of the nmnner in winch las testimony 
 
 shall be expiesscd." ... ,„ 
 
 Brigadier General Cass was then called, and, ,n answer to 
 
 n.e.|ues.ion above staled, said-AVhen I returned fron, J al^ 
 
 ■^ having been there with a Hag of truce. I was brought by 
 ' 0,, rarwiss a British provincial naval oflleer, ,n a hoat- 
 Cailn Uiekn.au and l.t. I'eckhau. we,e w.th u.e-when I 
 ^IZvo^ii^ 10 Springwells. I thought ....nprope,. to take 
 
 hcBri isb officer into ,H,r enea,.,p,..en,. 1 tbc-eUuv .n.euded 
 l«l,.e taken bin. to Detroit, and then to have .n or ned 
 *cr:iHuU-.-Ip..o.ededah„.,.a^.^^^^^^^^^^^^ 
 
 f rnk'tr: p.. n . alfwirlld l. c.■,...^ mi 
 
 I attu: tanip at Spvlngwel.s, and directed n,c to return 
 
Unthe,v-'l accordingly rettirned to Springwells, where, oa 
 lajulini*! remained with (he i5:i;isii oiiicer, and sent Captain 
 Hickman to General Hull to know if the British officer 
 should bo introduced inio the encampment— Captain Hick- 
 man retursied and directed «haf the oJiicer should be taken to 
 his (the General's) quarters — whither I accordingly took 
 him. 
 
 Gen. Cass here stated that on the I2th Ias<. Col. Brush 
 stated to wifness, Colonel Findlay. Geo. M* Arthur, and, he 
 thinks General Taylor, that General Hull told him that a 
 capitulation would or might be necessary, and that he in- 
 tended or expected to surrender the fort and tawn of Detroit, 
 or words to that effect ; and it was in consequence of that in- 
 formation that the statement on that subject was made to Gov. 
 Meigs. This last evidence was given by consent — Colonel 
 Brush was considered by the officers generally as the most 
 intimate and confidential friend of the General. 
 
 Major William A. Kemble of the 26th tJ. S. Infantry was 
 sworn. 
 
 Witness said, that he joined the North-western army in 
 Gen. M'Arthur's reg. on the 9th Miiy, 1812, and continued 
 with it to the 16th August — that on the 30th July he was 
 sent for to attend at Gen. Hull's quarters, when the Gen. 
 stated to him that he proposed sending a detachment to the 
 river French, for the purpose of collecting some flour, 
 grain and cattle, w hich were there — he said that he did not 
 like the plan of detailing detachments from the whole army, 
 and would wish for some field officer's proceeding on them 
 with his battalion — that witness replied that he was from 
 principle opposed to small detachments ; but that, if the 
 General wished to send him, he would go cheerfully and vol- 
 untarily command — that Gen. Hull appeared very much 
 pleased, and, after passing some compliments, ordered wit- 
 ness to prepare his battalion for a march, and to get four 
 days provision ready, saying that witness should be accom- 
 panied by Capt. Forsyth's company and go by land— that, 
 about the time the detachment was ready to march, witness 
 received a written order from Gen. Hull, directing that part 
 of the detachment ^shQUld march, and part proceed by boats ^ 
 
76 
 
 —and that, sometime being necessary lo prepare tlie boats, it 
 was late in the afternoon before the troops were ready to 
 move, when a violent storm arose wliich would have made it 
 imprudent to proceed ; upon reporting which to Gen. Hull 
 he directed witness to wait— that in the mean time there was 
 a rumour in camp, that there was a reinforcement on its way 
 to Maiden ; witness believes it came from Gen. M' Arthur— 
 that the service witness was ordered on was expected to oc- 
 cupy about six days— that after it was ascertained about the 
 reinforcement to Maiden, witness went to Gen. Hull's quar- 
 ters and communicated to the Gen. the information he had 
 received, and asked him if an attempt would be made upon 
 Maiden before he returned, saying that he did not wish to be 
 absent when the army was engaged in so important an enter- 
 prize— that the Gen. assured him that it was not his intention 
 that the army should march while he, the witness was ab- 
 sent—that witness then stated, that ten or twelve days would 
 be required for the performance of his duty, and that a 
 British reinforcement might arrive at Maiden before the ex- 
 piration of that time, and that he doubted the propriety of 
 the measure ; he also stated to Gen. Hull that he thought 
 that if an immediate attack were made on Maiden, the coun- 
 try, with provisions, &c. would fall of course to us— that Gen. 
 Hull, upon this, told him to wait for further orders. But 
 none were given. Witness says that he recollects that, when 
 the first council of officers comnuinding corps and field offi- 
 cers was called, (in the 1st of August, as he thinks) and when 
 they were assembled. Gen. Hull rose and addressed them 
 from a m ritten paper, and stated the object for which he had 
 called them together. He said that the full of Mackanac, the 
 want of co-operation from below, on the Niagara, and (he in- 
 formation he had received respecting the hostile intentions 
 of t lie Indians, induced him to ask the advice of the officers 
 ns to (ho course he ought to pursue in the future operations 
 of the army. 'VhvA tlie Gen. stated as his opinion that a small 
 garrison should be left at a fort a little above Sandwich, 
 called, sometimes, FoH George, and that the principal part of 
 (he army should recross the river and open the communica- 
 tion wiiii Ohio, by establishing posts at Brownstowu unrt 
 
77 
 
 pivcr Raisin— tliat a desultory conversation took place among 
 the officers, in which Col. Cass and Col. M'Arthur took a 
 principal part, the former recommending that Maiden should 
 be taken, as it would be the best way of opening a communi- 
 cation ; not only thereby securing a communication with Ohio* 
 but bringing the northern Indians completely in our power , 
 •while Col. M'Arthur went more particularly into detail, and 
 endeavoured to demonstrate that if the Gen. should recross 
 the river, it would be impossible for liini to communicate 
 with Ohio— that most of the other officers w ere of the same 
 opinion with those two, excepting Capt. Dyson of the artillery 
 and Capt. Sloane of the cavalry — that Gen. Hull said, <» Gen- 
 tlemen, if you determine to march to Maiden, I will march 
 at your liead." That a question then arose whether they 
 should move directly against Maiden or wait some days for 
 the heavy artillery ; on wliicli question there appeared to be 
 a diversity of opinion — that Lt. Col. Miller then proposed a 
 plan for attacking Maiden without heavy artillery. This 
 plan was, tbat a select corps, consisting of about 800 or 1000 
 men, including the 4tii I'cg. Vi'hich, from its having been on 
 service, was considered, in proportion to its numbers, as 
 the most efficient part of the army, should be formed— 
 that this corps should be transported in boats, and proceed 
 along tlie river, in the American channel, in the night, and 
 shouKl land before day on a beach below Maiden, and there 
 form two divisions ; one of which divisions should march with 
 the field artillery to the river Aux Canards (the enemy having 
 maintained a picket guard there) while the otlier should 
 march up the river Aux Canards to the place where Colonels 
 31' Arthur and Cass had passed that river before, at the 
 bridge— tliat the division at the bridge should commence a 
 cannonade, which, it was expected would draw a considera- 
 ble part of the enemy's force to that quarter, as it had done 
 before ; and in the mean time the first division should sur- 
 prize Maiden, if possible ; or, if not, should take it by as- 
 sault. Witness says that this plan was objected to by some 
 of the officers, as being too complicated ; and Col. Cuss 
 thought it would be best first to determine whetlier the army 
 should or should not proceed without the heavy artillery— 
 
78 
 
 that witness, in order to be able to form au opinion, asked 
 Gen. Hull for a plan of the fort and the country at Maiden, 
 and its foree ; to which request be replied, with some em- 
 phasis, " Sir, it is stronger than Sloney point"--an answer that 
 did not by any means satisfy witness. AVitness says that the 
 next question proposed to the council was—" whether the ar- 
 my should proceed to Maiden, or wait two or tliree days for 
 heavy artillery, one gun being ready and the other nearly 
 so ?" that upon this question the officers were cquv^j. di- 
 vided, and Gen. Hull decidf^d in the nigative, stating a diffi- 
 culty oF transporting canr.on from Detroit across to the Can- 
 ada shore ; (the army then being at Sandwich) that witness 
 proposed building floating batteries, one of wbicli was done 
 in five days— that when this was completed, he reported it to 
 Genera! Hull, and was referred to Capt. Dyson andLt. Dar- 
 
 raby that at the time witness went to n-.ake this report be 
 
 saw Col, Brush at the General's quarters, together with three 
 voung men, who had been taken prisoners and confined at 
 Mahien. and from whence, they said, they bad been released 
 onpaeole— one of these men was a carpenter, and had worked 
 at Maiden— that this man stated (as well as witness reeol 
 lects) that the British bad about 270 regulars, of whom from 
 200 to 220 were fit for duly, and 150 militia ; and as to In- 
 dians (of whom the British themselves could not tell the ex- 
 act niuount) he supposed they were from 150 to 300. and 
 could noi exceed (lie latter number— they also stated that 
 %vhen Colonels Cass and Miller had routed the British picket, 
 they were all in confusion and preparing to embark— (this ac- 
 count was crmriimed by (he other two young men)— wKness 
 thinks Gen. Hull asked whether the British had strengthened 
 the fort at Maiden, and (ha( the answer was in the negative. 
 ^Vitness savs. that on the 13tli August (as he recollects) 
 he WIS officer of (he dav at Detroit, waited on General Hull 
 and found him and Col. Bush, sit(ing on (he se((ee engaged 
 in close convcrsaiion, rather low-fhat (he Cieneral turned 
 the conversation to provisions, alluding to some wheat which 
 ,vas (hen ha..ling in-that Col. Brush asked what quanti(y oi 
 nublic provisions (here was, when the General replied, about a 
 luondi's, and (lien asked the Col. whether the country around 
 could not afturd a suffit'ient quantity of provisions for the 
 
79 
 
 army ; to which Col. Brush answered he thought there wouM 
 be enough for two months — witness also thinks that it was 
 on the lith August he saw General Hull at Col. M* Arthur's 
 marquee, with Col. Brush and other officers — that witness 
 •was about retiring but was called back by General Hull, who 
 invited him to a seat, and asked him (in connexion with the 
 conversation then passing, which was on the subject of the 
 enemy's moving on the other side with their artillery) — 
 " What would you do"--** Sir," tlie witness replied, « I would 
 fire upon them"--upon which General Hull said, *« But, Sir, 
 about the ammunition ! would it be proper to expend it under 
 these circumstances ? 
 
 MAJOR TREMBLE CROSS-EXAMINED BY THE PRISONER. 
 
 Q. What is your age ? 
 
 A. I was 27 years old on the 4th April last. 
 
 Q. Doyou recollect what portion of officers disapproved of 
 Gol. Miller's plan of attack on Maiden ? 
 
 A. I do not recollect, as no question was taken. 
 
 Q. Did Colonels Cass and iM* Arthur object? 
 
 A. My impression is that Col. Cass did object, on aceouut 
 of its being very complicated, I cannot say as to Col. M* Arthur. 
 
 Q. Was the other 2i pounder brought over from Detroit, 
 and when ? 
 
 A. I think it was, on the 6th August. 
 
 Adjourned to the next day. 
 
 18th day, Tuesday , SthFehTmary, 181^. 
 
 The Court met pursuant to adjournment, all the members 
 being present. Captain James Dalliby, of the ordnance de- 
 partment, being sworn said— that he belonged to the North- 
 western army under the command of General Hull in 1812, 
 was at Detroit on the 161fs August, and was there previous to 
 the war — went there in ISll, and had never been absent — that 
 he commanded the battery (the uppermost of the three bat- 
 teries) in t!ie town — he says that the following is an account 
 of the ordnanr^o at Detroit ; viz. 
 
80 
 
 9 2i pounders, 7 mounted 2 uuinouuted, 
 
 S 12 do iron i do i do 
 
 5 9 do do i do 1 do (as he believes) 
 
 3 6 do brass mounted on travelling carriages. 
 
 i 4 do do do do 
 
 1 3 do do do do 
 
 1 8 1-2 Inch howitzer, brass do do do 
 
 1 5 1-2 do do do do do do 
 
 2 3 l-i< do do do do do do 
 
 3 6 do do Iron on trunk wheel 
 carriages in the block house at the upper end of the town. 
 
 Witness says that this was the whole of the ordnance ex- 
 cepting tv\ or three small howitzers and swivels w hich w ere 
 not reported, and that most of this ordnance, was mounted be- 
 fore the 8th August— witness is of ophiion that there were 
 2500 stand of arms, in the whole, including rifles, for the 
 army— -he says that according to the returns made there were 
 ut Detroit on the day of the surrender 1400 cannon balls for 
 2i pounders, about 1700 for 12 pounders, 1400 for 9 pounders, 
 about iOOO balls for 4 and 6 pounders, about 4800 three pound 
 balls, 290 ten inch shells [not fixt] about 500 eight inch 
 shells, of which 100 were fixt, and about 800 five and a half inch 
 shells, 100 of which were fixed ; a large quantity [say 4000] of 
 12 3-4 inch sliells called hand grenades, a considerable 
 number of which were fixed wi(h povder and boxed. 
 There were also, Avitness said, about 3 1-2 tons of lead, of 
 which a considerable quantity had been run into bulls, as 
 much as was considered a sufilcient supply for tlie army ; about 
 1800 fiigecs in the rough — between 2000 and .3000 priming 
 lubes, several hundreds of which Avcrc fixed for immediate 
 use ; about 100,000 Hints, 200 rounds of fixed ammunition 
 foi' the 24 prs. (as there were 400 rounds on the 14th) about 
 20 rounds of grape for the 24 poundcis ; (about 200 rounds 
 were fired)— as before stated there weie 100 rounds fixed for 
 each of (lie 8 and 5 inch howitzers, aboui 7 liavingbeen fired, 
 leaving the above number-"Witncss says that about 100 
 rouiids for each of the brass pounders were scut over to 
 Canada, of wlilch about SO for each were expended— tliat 
 «?)ou( r»0 roimds were prepared foi' each of fhc 3 pounder*- 
 
SI 
 
 ind some few for the i pounders [say 25 eacli] lliiit be docs 
 tiot know the quantity of ammiuiition or rounds of p'ape and 
 cannister prepared for the 24 ; 12 and 9 pounders, aS, 
 previous to tlie declaration of war, the fort had been put in a 
 state of defence, in expectation of an attack from the Indians, 
 and, in expectation of one after the declaration, from the 
 British and Indians ; and as the ammunition was not deemed 
 necessary for the defence of tlie place, it remained untouched 
 at tlie surrender— witness says that tliere Avas a large quantity 
 of musket and rifle cartridges prepared, as much as was deem- 
 ed necessary, but he cannot fix precisely the quantify— he can- 
 not state the exact number of barrels of powder, as a good 
 many had been taken to fix the ammunition— he believes 
 Ihere were about 100 casks remaining marked from 100 to 
 112 lbs ; that is., including fixed and unfixed, about 10,000 ibs» 
 lie does not know exactly. He says that on the 7th or Sth 
 August every thing was reported to be complete for service 
 witness had charge of the laboratory in July and August, 
 a general preparation was made by artifieei'S under the orders 
 the witness,— which arlincers were then discharged. 
 
 The witness proceeding said that the fort lies on the high- 
 est ground in a circumference of three miles, was a regular 
 half bastion fort, composed of 4 curtains and i half baslions, 
 about 100 yards on each face, not including the half bastions ; 
 about 75 yards being the extreme length of the curtain— that 
 the fort was made partly of earth~"the parapet eleven feet 
 in elevation---the tiiiekness of the top of the parapet about 12 
 feet, the banquet for Infanti'y six feet from the foundation or 
 Ifevel of the fort, and five feet for the parapet— the Avhole 
 width of the rampart at its base 26 feet — at the bottom of 
 the exterior or slope of the parapet there was a horizontal 
 space of ground about 2 or 3 feet in the width, extending round 
 the whole circumference of the work, the ditch upon an aver^ 
 age was from five to six feet deep, and at the bottom 12 feet 
 Wide, beyond the exterior or slope of the ditch anseope, or 
 glacis, or esplanade. Tliere was formerly a covert way, of 
 V. hich traces were remaining unhurt. In the bottom of the ditch 
 round tiie fort there was a row of pickets of cedar, nearly new, 
 in diameter and 11 or 12 feet liigh : these pickets were fasten- 
 
83 
 
 ed togetliei* by a i ib^-The gate wiis strorigly made of plaafe 
 witli spikes ; over tbe gate was a look out house, also strong- 
 ly built in tbe fall of ISll—cannon were mounted in the em- 
 brazures, most of which were repaired and put in good order 
 in 1811, and the fort was, generally, in good order and in good 
 repair. 
 
 Witness says that on the morning of the IMh August he 
 was stationed at the battery called Bartlett's wharf, and he 
 Ihinks the British v/ere erecting batteries on the opposite side, 
 he tliought that he was placed at his station to return their 
 fire, and for the general purpose of defence, as at that time 
 every thing bore the appearance of an attack upon the fortp> 
 that the guns at the battery commanded by witness were on 
 a platform on the edge of the river, and were intended against 
 shipping expected from Mackana ; they w ere without any 
 parapet and were much lower than those of the enemy'-That, 
 from the position of this battery and its form and from those 
 of the enemy, he knew that in ease of an attack from them he 
 coultl do them no injury, and that his own men were exposed 
 to be swept offevery five minutes ; that he therefore applied to 
 the General for leave to build a battery in the centre of the 
 town, and upon a level with the battery erecting by the enemy., 
 permission for doing which was obtained ; the battery war 
 commenced about one o'clock on the 14th, and completed, so 
 far as to be ready for action, at the same hour on the 16th; 
 that on the evening of the lith, when the workmen, after 
 leaving ofl'work had generally dispersed, w itness remained in 
 the battery, to which Geneial Hull rode up ; when witness 
 conversed with him on the propriety of driving the cnemj 
 from their works opposite the lower end of the town, which 
 fiad been completed for some tinre— the words of witness 
 were, * Sir, if you will give permission, I will clear the en- 
 emy on tlie opposite shore from the lower batteries"— the 
 j^eneral ansMcred. *' Mr. Daliiby I will make an agreement 
 V ith the enemy, that if they will never tire on me 1 will never 
 fire on them"— and concluded his answer with this senlence'*^ 
 Those who live in glass houses must take care how they throw 
 stones." lie then rode oiT. "SV itness says that on the morn- 
 ing of the 5th July, belore the American army anived at De- 
 troit, the c^c^)y were ia erecting two batteries on the sam<^. 
 
ground where they were seen working afterwards— that 
 witness was then ordered by Major Whistler, who at that 
 time commanded, to fire on them from the battery at the 
 lower end of the town, from the 2^ pounders — that lie did fir© 
 upon them, which had <he desired effect — that they were 
 driven away, as they were also from the King's stores, 
 about a mile and a half distant, from whence they were 
 taking off flour, and about the same time the inhabitants on 
 the opposite shore removed, and took a new road at some dis- 
 tance from the side of river, to keep out of the range of oup 
 shot. 
 
 Witness says that the eannonading commenced about & 
 ©'clock of the afternoon of the 15th and was answered by the 
 battery he commanded as well as from thp other batteries — 
 that this cannonade commenced a short time after the returtu 
 to the enemy of the flag of truce which had been sent to ask 
 a surrender of the fort, and continued to be exchanged till 
 about 10 o'clcck at night — that the fire of the 15th was not 
 injurious to the army, only one man having received a wound 
 in the Icg^ the town was a little injured — that on the 16th 
 the firing recommenced on both sides (first by the enemy) at 
 break of day ; during which little injury was received, to the 
 knowledge of the witness, the fire being principally directed 
 towards our batteries — that witness had reason to suppose 
 and has since understood that one of the enemy's batteries was 
 silenced, which they repaired ; and about 10 o'clQck on the 
 10th August witness received orders from Capt. Dyson in 
 the name of General Hull, to cease firing, which orders he 
 obeyed— that the enemy then continued their fire for 15 
 minutes, which they directed principally against the fort, 
 and which they were enabled to do with precision, not being 
 annoyed by us ; and some officers and men were killed in 
 the fort, while witness with his men were in the battery un- 
 employed ; and that soon afterwards he saw the Avhite flag 
 hoisted on the fort— witness says that he did not know of any 
 musket cartridges having been damaged. 
 
 Witness says that he was at Maiden in July or August 
 1811, and has been there since — that the fort was a regular 
 four bastion one of earth — that the curtains were nothing 
 more than pickets or palisades on three sides — there was 
 
fermcily on'tlic river side a fleclie, iipoa whieli a cannon liail 
 been mounted, but none Mere mounted on it in 1812 Avhenhc 
 was a prisoner, at whieli time lie went round it to satisfy liis cu- 
 riosity, but found no alterations, witness says that on the south 
 side of the fort there had been considerable alterations, and 
 the batteries had been repaired — the pickets appeared to be 
 old, not very strong, and in a state of <lc cay —Witness re- 
 mained three weeks after the capitulation, and no north- 
 ern Indians arrived sooner than about three weeks after the 
 capitulation, witness was at Maiden at which time when there 
 ivas time for them to have heard of the fall of Detroit. 
 
 CAPTAIN DALLIUY CROSS-EXAMINED BY THE PKISOXER. 
 
 Q- Please to describe the whole distance of the curtain 
 Vound fort Detroit ? 
 
 A. Going the circumference of the fort, following the line 
 and tracing the angles, might make a dilference of 75 or SO 
 yards from what I before stated. 
 
 <^. You liave described the state of the fort and of the 
 preparation for defence and attack. How long before the 
 surrender were they in iha state you have described ? 
 
 A. We commenced in Febrnai'y 7, 1S12 to put it into a 
 state of defence against the Indians, and oa the ith July it 
 V as completed : before the army arrived we had lain upon our 
 arms for three nigljts, and were prepared in tlic day, with 
 matches lighted. Fror.i the 4th July to the Sth August the 
 Jield artillery was put in older and many iujprovements were 
 made in the implements, '^nn carriages and ordnance si ores, 
 for (he purpose of moving into Canada and attacking JMaldcn. 
 On the arrival of Gcuoral HuH at Detroit, the greatest ex- 
 ertions Mere used to put tiie regiment in a state of defence. 
 
 Capt. Dalleby then stated that the battery he erected in 
 tin' middle of t!ie town V.as about four feet high and the em- 
 bra/uies Merc marked out— that Mhen General Hull v,cnt 
 to that battery on the 14th August, and Mas asked by the 
 witness i'av permission to fire on the enemy, the Mord " nevej*" 
 Mas used ((lie wilness believes, but Mill not positively say) by 
 (Jen. Hull,' in answer to the request. — He did not under 
 sland that Gen. Hull had made ;m agreement.Mith thceneniv\, 
 r.ol tojirc on aicli oilier, but that he Mas willing to do it. 
 
8.^ 
 
 Capt. Daniel Baker of the 1st Reg. of U. S. Infanlr}, 
 was then sworn. 
 
 This witness stated in evidence that he was in the army at 
 Detroit on the 15tli or 16th Augnst under Gen. Hull and had 
 been there for several years before, in the quaitermaster's 
 department. — There were on tliose two days, or ought to have 
 been, between 5 and 600 of the Michigan militia — that lie 
 served with tlie volunteers from that territory at Brownstown, 
 ^vhere their conduct was brave — witness was at the fort of 
 Detroit until he heard of the surrender, and saw Gen. Hull 
 in the course of the morning of the 16th when he appeared 
 to be embarrassed and at a loss how to act — that witness can- 
 not say what the General's feelings were, but could account for 
 tlie surrender no other way than by supposing Inm under the 
 influence of personal fear — witness says that he was former- 
 ly acfjuainted with Gen. Hull — that he was tolerably well 
 acquainted with the resources of the army, and was satisfied 
 in his own mind that there was a sufficiency for its subsist- 
 ence for three months — witness says the fort was much 
 crowded. 
 
 Cross-examined by Gen. Hull. 
 
 Q. Were tliere not provisions brought into that country, 
 for (he support of the inhabitants every year ? 
 
 A. I believe there ^yere large quantities of pork brought 
 into that country on speculation. I am of opinion that there 
 was plenty of cattle and grain in the country j but pork, I be- 
 lieve, was not raised there. 
 
 Q. Can you state any acts of mine, exclusive of the sur- 
 render, that were indicative of fear ? 
 
 A. I saw the General on the morning of the 16th in a va- 
 riety of postures j sometimes sitting ; sometimes leaning, 
 and sometimes standing in the fort ,• and his manner shewed 
 embarrassment — once on that day the Gen. was out of the 
 fort. 
 
 The court adjourned to the next day. 
 19 ^lug. iWdnesday, Olh Fehrnarij, 1814. 
 
 The court met pursuant to adjournment, all the members 
 being present, when 
 
 Lieutenant Dixou Stansbury, of the 1st ^e^, of U. S. In^ 
 faotry was sworn. 
 
S5 
 
 The evidence of this witness was as follows — that he b^ 
 longed to the N. Western army and remained with it until the 
 capitulation — that he was at Detroit on the 15th and 16th 
 August and commanded one of the guns in the fort on tlie 
 16th — tha^ on the night of the ir>th the Gen. lay in the piaz- 
 za of the barrack and went to bed about 11 o'clock- -that 
 when witness awoke in the morning the Gen. was not there, 
 and witness does not know wnen the Gen. got up — that Avit- 
 ness also slept in the piazza of the barrack— that he saw the 
 Gen. in a tolerably safe place — As to his being afraid, witness 
 cannot say — witness marched from Newport in Kentucky, 
 and commanded 28 regular troops at Detroit — He did not 
 then belong to the 4th Reg. 
 
 Cross-examined by Gen. Hull. 
 
 Q. You stated tlrat I went to bed on the night of the 15th 
 Did I not lie down on a matrass, with my clothes and boots 
 on? 
 
 A. You did. 
 
 Q. Wliat time did I rise at ? 
 
 A. Before day sometime. 
 
 Q. Did you not observe me in tlie morning of the 16tli> 
 going about in different parts of the fort ? 
 
 A. I saw you on the parade ground, but during the princi- 
 pal part oi'tiie time, near the gate out of the way of the fire. 
 There was no necessity, that I saw, for your being exposed 
 in any otlier pait of the fort, or on the parapet, to be fired 
 at as a target. I had my orders, and I suppose tlie other ol- 
 ipcers hud theirs. 
 
 Q. Had you an orderly book ? 
 
 A. ! had, it was taken in the vessel. I got another after- 
 wards but never used it. 
 
 Capt. Oliver G. Burton, of the 4th Reg. U. S. Infantry, 
 sworn. 
 
 Witness was at Detroit on the i5th and 16th in tlie 
 \orth-wtstern army, under Gen. Hull : knew of the capilti- 
 lationand wiicti it took place— was in Cayt. Dyson's <|iuirters 
 when Gen. Hull, Gen. B>"ock, and two or three other British 
 ofllcers were A\riliii,:^ (as I was informed) tlic articles of cap- 
 itulation 5 and he Jirmly believes they were engaged on th^^ 
 
S7 
 
 terms of it—he cannot say whether it was before or after 
 this that the American troops were called into th" fort, but 
 at the time there was a company of Britisli grenadiers, of 
 about 150, standing in the fort at ordered arms, from whom 
 they were posting their guards in and about the garrison—- 
 witness saw the officers in Capt, Dyson's quarters when a 
 paper was handed to Gen. Brock, with some lines struck out, 
 which witness supposes related to the regular troops return- 
 ing home upon their parole—Gen. Brock agreed that the 
 Ohio militia might return home on their parofe—witness 
 saw Col, M'Donald and Capt. Glegg writing— this was after 
 the meeting of the officers in the marquee — witness does not 
 recollect the names of any American officers in the room at 
 the time, but there might have been some in it. 
 Cross-examined by Gen. Hull. 
 
 Q. How long before the meeting at Capt. Dyson's quar- 
 ters, was the meeting between the British and American offi- 
 cers in the marquee ? 
 
 A. I saw them at Capt. Dyson's about 11 o'clock, to the 
 best of my recollection, and, in the marquee about 3-4< of am 
 liour before that. 
 
 Q. Had you an orderly book ? 
 
 A. I cannot say I had, after leaving the rapids of the Mi- 
 ami ; mine having been put on board the vessel. I believe I 
 had not. 
 
 Q. How did you receive your orders ? 
 
 A. I received them sometimes verbally j at others by see- 
 lag them on paper through the adjuant. 
 
 Q. Do you know whether these interviews took place be- 
 fore or after any accounts were received from Cols. M' Arthur 
 and Cass ? 
 
 I think it was after that I saw Capt. Mansfield arrive with 
 a flag from Col. M'Arthur, as was said. 
 
 Major Thomas S. Jessup, of the 19th Reg. of U. S. Infant- 
 ry — sworn, and said 
 
 I was brigade Major to Gen. Hull. The army moved into 
 Canada with from 1600 to 1800 men; which force was oc- 
 casionally increased and diminished, several detachments be- 
 ing made. At a council of war held about the end of July 
 
m- beginning of August, I was called on to explain a lepovi 
 oflhe Brigade— this was a few days previous to leaving Can- 
 ada. At that time 1800 men were, to the best of my recol- 
 lection, considered as the disposable force to act against Mai- 
 den, (this perhaps included the Michigan legion) leaving 
 enough to garrison Detroit— The Michigan militia were, 1 
 believe, to be called out. Sometime on the 15th I received 
 information that a summons was sent by Gen. Brock to sur- 
 render ; and I understood that Gen. Hull had answered that 
 lie was determined to defend the place— I met Gen. Hull on 
 horseback in the street shortly after the answer was sent, 
 and enquired of him the disposition to be made of the troops. 
 Gen. I[ull said that the upper^iart of the town was to be de- 
 fended by the militia under Col. Brush ; tliat the Michigau 
 legion and the Regt. under Col. Findluy would form a line on 
 ihe back of tlie town, from the fort, to close wUh the militia 
 under Col. Brush ; while the 4th Reg. would remain at or 
 near the forts. The Gen. said further that orders had been 
 given to the officers. He was apprehensive that if an attack 
 were made the Indians would attempt to turn the town. A*. 
 a short distance from the town was a cornfield, said to be- 
 [ong to Col. Brush. I was apprehensive that, if the attack 
 should be made, the Indians might be sheltered hy this field, 
 and proposed that the corn should be cut down-"the General 
 would not agree to this, but permitted me to examine a block- 
 house which was in the cornilcld. I found it filled with hay 
 or some other fodder, belonging, as I understood, to CoL 
 'llrush, and not in a situation to receive troops. 
 
 After Col. Findlays line was formed in the rear of the 
 town I discovered that the detachments of Cols. M'-Vrthur and 
 Cass's Kegts. in tlie event of an attack from the enenjy, would 
 ]>e much exposed, they being nearly in the rear of the fort, t 
 therefore, proposed to Gen. Hull that they should join Col. 
 Fiudlay or Col. Miller, of the ith— he tlirected that they 
 should join Col. Findlay's -, and I accordingly communicated 
 J he order to Capt. Sanderson, the senior ofticer I found 
 upon the ground. On my return I met Gen. Hull, who told 
 me that he had changed his mind v\ifh respect to the disposi- 
 lion of those Tlegts. and that I might proceed upon my other 
 
( 89 ) 
 
 duty, as he would communicate the orders himself. Shortly 
 after quitting the General I met Mr. Dougan, quarter- 
 master of Colonel Findley's regiment, and went with him 
 to Spring-Wells. We discovered a considerable British 
 force at Sandwich, nearly opposite to Spring- Wells ; one 
 or more British vessels had anchored below, and some of 
 them were moving up slowly : the enemy appeared to be 
 collecting boats, and we supposed they intended to cross the 
 river. When we were about to return, the British batte- 
 ries commenced firing, which was immediately returned by 
 our fire. This was on the 15th. On our return we passed 
 by General Hull on horseback in the street, near the se- 
 cond battery — he appeared to be agitated. Mr. Dougan 
 or I, observed that the General was frightened ; and it 
 was also observed by one of us (I do not recollect which) 
 that " xve must cheer him iip^ We approached him and 
 spoke to him, and noticed that he was pale and very much 
 confused — ^he dismounted from his horse and led him to- 
 wards the fort — The firing continued for some time after 
 dark. I was employed posting our vidette guards. After 
 the firing had ceased, I requested Mr. Taylor and Mr- 
 Dougan to accompany me to Spring- Wells : we again met 
 General Hull near a Mr. Hunt's, at the lower end of the 
 town, and requested leave to go to Spring- Wells : the 
 General said that he had dispatched Captain Snelling to 
 that place with a piece of artillery, and that, if I mistake 
 not, Captain Burton and General Taylor had gone down. 
 He observed also,that he was about to visit the lines and wish- 
 ed us to accompany him — We did so, rode along the line in 
 front of part of Col. Findley's regiment, and round the back 
 of the fort — when we arrived in the rear of the fort we noti- 
 ced that Colonels M' Arthur and Cass's regiments were still 
 there, and Cantain Sanderson observed that thev were un- 
 pleasantly situated, as they were exposed to the enemy's 
 fire, without being able to perform any kind of service. 
 
 M 
 
(90) 
 
 This was communicated to General Hull, who observed 
 that, as the firing had ceased, there was no danger. The 
 General then permitted Messrs. Berry and M'Dougal and 
 mvself to go Spring-Wells. We overtook Captain Snel- 
 ling a short distance from them and accompanied him 
 thither. He had, I think, a six pounder, and was very 
 anxious to have a twenty-four pounder. It was the opinion 
 of the other officers and myself, thai with one or two twen- 
 ty-four pounders, we could drive the British from their 
 moorings : we searched immediately for a place to plant 
 them, and discovered in an orchard a fine situation for a 
 battery. We examined the bridges and considered it 
 practicable to pass the cannon over them all except one, 
 near which there was a arge quantity of hewn timber. We 
 returned and found General Taylor in the fort, who, we then 
 learned, had also proposed taking down heavy cannon. I 
 urged it to General Hull, who objected in the first place to 
 the bridge, and then that the pieces were heavy and un- 
 manageable. Some person (I think General Taylor) said 
 that one hundred horses could be ready in a moment. I 
 then told General Hull the result of my observation as to 
 the bridge : he answered that it was the opinion of the su- 
 perior officers of artillery, thai the cannon could not be ta- 
 ken over the bridges, and that he would be governed bv it. 
 Captain Dyson, whom I saw standing by when 1 turned 
 round, said he was prepared to obey any order. 1 then 
 parted from General Hull and did not see him ui fil a 
 little before break of day on the 16th, by candle light, when 
 he came to my tent and desired me to write an ordt r to 
 Colonel M^Arthur to take a back route, as he was appre- 
 hensive it would be dangerous to come up the river on ac- 
 count of the enemy. The General said he would send for 
 the note, and, about sunrise, a person equipped as a dragoon 
 called for il. About this time the firing commenced — some 
 time after I was at breakfast with Colonel Findley when 
 
(91) 
 
 Captain Hull came to his tent, apparently Intoxicated : he 
 attempted to communicate an order, but could not be un- 
 derstood ; and Colonel Findley requested me to ride to 
 General Hull to know what the order was, as it might be 
 of considerable importance. I found the General in the 
 fort : he said he' wished the line of battle to be formed at 
 some distance Below the fort ; directed me to order Colonel 
 Findley's regiment and Colonels M'Archur and Cass's 
 detachments to be posted there ; and ordered me to consult 
 Colonel Findley, and to tell him that he would suppovt 
 him immediately. The line was formed perpendicularly 
 to the river, perhaps a quarter of a mile below the fort; 
 the left behind a row of high pickets ; the right, I believe 
 was behind a common fence ; our dragoons were on the 
 right. When the line was formed. Captain Maxwell and 
 myself went out for the purpose of reconnoitering the ene- 
 my : we discerned them marching in column through a 
 lane, on their left of which there was a number of orchards, 
 gardens and buildings ; the fences appeared to be a pick- 
 eting or stockade. 1 returned immediately to the fort, 
 having requested Captain Maxwell to report to Colonel 
 Findley the situation of the enemy. 
 
 On my arrival at the fort, 1 immediately reported the 
 position of the enemy to General Hull ; observed that this 
 would be a fit opportunity for artillery to open upon them ; 
 and that if they attempted to form in line, our dragoons 
 could take them in flank. The general permitted me to 
 take out some pieces of artillery, and directed me to take 
 command of the dragoons. Immediately after leaving the 
 fort I met with Captain Dyson, who, I think, informed 
 me that Lieutenant Anderson had taken out a piece of ar- 
 tillery. I left him and proceeded to the right, to com- 
 mand the dragoons who were patrolling. By the time I 
 met with some of the officers of dragoons, I perceived that 
 our line was breaking up, retreating to the rear, towards 
 
( 92 ) 
 
 the fort, by flanks of platoons or companies. I rode to 
 Colonel Findley to inquire the reason : on my way I met 
 an officer and inquired what was the matter : he said, 
 " look to the fort ;" I did so, and saw a white flag flying. 
 Colonel Findley, if I recollect right, said, he did not know 
 why we retreated, and desired me to ride to the fort and 
 inquire. I saw General Hull in the fort, and thought him 
 very much frightened when I met him. I inquired of the 
 general if it was possible we were about to surrender. He 
 said something about the enemy's force and terms, but I 
 could not collect what : his voice was at this time tremu- 
 lous ; I mentioned that we could at least hold out till we 
 were joined by Colonels Cass and M' Arthur. He exclaim- 
 ed, " My God ! what shall I do with these women and 
 children !" I left him, went to Colonel Findley, and stated 
 that all was lost, and requested him to endeavor to save 
 us. After this I did not see the general until the terms of 
 capitulation had been agreed upon ; I then met him in a 
 piazza before Captain Dyson's quartei-s ; he appeared 
 tranquil and perfectly composed. He said that he was 
 sorry that I had disapproved of his conduct, as he had al- 
 ways respected me ; that no man felt more on the occasion 
 than he did ; and made some observation that conveyed 
 the idea that he considered that the government had aban- 
 doned him, and he hoped that I would continue to act un- 
 til the troops were marched out of the fort; to which I re- 
 plied, that I would do my duty. I then received either 
 from General Hull, or from one of his aids, a paper con- 
 taining a copy of the articles of capitulation, which I was 
 directed to read to the troops, who were marched out by 
 battalions about 12 o'clock, and formed in a hollow square 
 below the fort, had the articles of capitulation read to them, 
 and stacked their arms. 
 
 Major Jessup having continued his narrative so far, 
 recurred to former parts of it, and stated that, when, be- 
 
(93) 
 
 fore the capitulation, he communicated to General Hull 
 that he had reconnoitered the enemy, witness found him 
 in the fort on the side next the enemy's battery, complete- 
 ly sheltered, sitting on the side of a tent by a bed ; that 
 he then told the general, that the enemy's force was about 
 700 or 800, and that our guard which was most advanced 
 had surrendered to the enemy. At this time witness thinks 
 General Hull said that Colonel Brush told him that his 
 men were leaving him ; he also exclaimed that four men 
 were killed at one shot, and appeared to be so much alarm- 
 ed that he did not know what he was about. The tobacco- 
 juice had fallen from his mouth upon his jacket and about 
 his cheeks. The head of the enemy's column was at some 
 yards distance, and a detachment of the enemy's troops 
 came into the fort before the American troops marched 
 out, and before the articles of capitulation were signed. 
 No means were taken, to the knowledge of witness, to 
 prevent the enemy from getting command of our batteries. 
 Witness was informed that the advanced guard which had 
 surrendered, consisted of about twelve, said to be com- 
 manded by one Godefx-oy, a Frenchman and a citizen. 
 
 Major Jessup stated also that, on the evening of the 15th, 
 when he mentioned to the general that the enemy had 
 moved with most of his forces, he observed that it would 
 be a fine opportunity to cross over and spike the cannon ; 
 and proposed going himself with 200 men — then with 150, 
 and then with 100 men — on which propositions several ob- 
 servations were made, but no permission given to the wit- 
 ness ; whose opinion was then, and still is, that the enemy's 
 works could have been carried with one hundred men. 
 Witness said that, at the moment of this conversation, a 
 shot struck a house near him, upon which General Hull 
 was much agitated, dismounted, and led his horse to the 
 fort. Witness did not know from what the agitation arose, 
 but believed it v.'as from fear, and the novelty of his situa- 
 
( 94 ) 
 
 tion. Whenever he saw the general before the capitulation, 
 he was agitated ; after it he appeared composed. Witness 
 says that the country near was of such a nature, as that, by 
 cutting down some of the orchards in the neighborhood of 
 the fort, and posting men in the gardens, a few men could 
 have defended themselves against the whole British force, 
 and that he wondered that it was not occupied on the even- 
 ing of the 15th August. 
 
 Major Jessup stated also that he had received a report 
 from different adjutants of different corps, estimating the 
 men fit for action, and thinks that the amount (as stated in 
 General Cass's letter) exceeded 1000 men, including the 
 Michigan militia of 400, and the detachments absent with 
 Colonels Cass and M' Arthur; perhaps this estimation in- 
 cludes the Michigan legion, which, on an occasion Avhen 
 he had two companies of them under his command, be- 
 haved as well as any troops he ever saw, having formed on 
 an island, where some fighting was expected, in the most 
 regular manner. There were also on the evening of the 
 15th about 30 or 40 armed waggoners. The witness did 
 not know the enemv's force, but his impression, from the 
 attempt he made to count them, and from the size of their 
 platoons and of their columns, was, that the white force 
 was about 750, exclusive of Indians — a part of the militijl 
 force was dressed in red coats as regulars. 
 
 Major Jessup was then questioned by the Court. 
 
 Q. Did you preserve the orderly book of the brigade of 
 which you were brigade-major ? 
 
 A. By an article of the capitulation it was given up, as 
 forming part of the public documents, as stated by General 
 Brock and Colonel M' Donald ; who considered orders and 
 reports as such, and directed that they should be delivered 
 to Lieutenant Bullock, of the 49th regiment. 
 
 Q,. Did you advance, on the 16th August, to reconnoitre 
 the enemy, by order of General Hull ? 
 
C 95 ) 
 
 A. I did not : I advanced entirely by order, or at the re- 
 quest of, Colonel Findley, who commanded our line in ad- 
 vance of the fort. 
 
 General Cass and Majors Tremble and Van Home were 
 discharged from any further attendance on the Court. 
 
 f Adjourned to the next day. J 
 
 V.Oth Day, Thursday^ 10th Februarij^ 1814. 
 
 The Court met pursuant to adjournment — all the Mem- 
 bers present. 
 
 Major Jessup^s examination by the Court xvas continued. 
 
 Q. What were the conduct and sensations of the troops 
 when you read the articles of capitulation to them ? 
 
 A. On the morning of the 16th the spirits of the troops 
 seemed to be somewhat depressed; but, upon my giving 
 the order to form the line of battle, they were revived, and 
 appeared desirous of meeting the enemy. When the line 
 was retreating both officers and men appeared displeased 
 and murmured ; and when ordered to stack their arms, af- 
 ter marching out, they evinced the greatest dissatisfaction 
 and indignation. 
 
 Q. Did Colonel Brush's men leave him, as stated to you 
 by General Hull ? 
 
 ' A. I believe not. I only stated that the general men- 
 tioned that Colonel Brush reported to him (the general) 
 that his men were leaving him. I did not hear of this but 
 through General Hull. 
 
 Q. Do you know what was the cause of the troops being 
 low spirited on the morning of the i6th, before the line 
 was ordered to be formed ? 
 
 A. They had been under arms the whole of the prece- 
 ding night, and appeared to be ot opinion that no exer- 
 tions would be made to repel the enemy. 
 
( 96 ) 
 
 Q. While the terms of capitulation were discussing, 
 were the troops of the U. S. so posted as to have been 
 able to make a defence, in the event of degrading terms 
 being insisted on by General Brock ? 
 
 A. The men were crowded in the fort in the utmost dis- 
 order. The enemy's troops were permitted to approach 
 so near the fort as to be able to take possession of the bat- 
 teries. 
 
 Cross-examined by General Hull. 
 
 Q,. Did you see Colonel Brush's men on the morning of 
 the 16th? 
 
 A. I saw Colonel Brush's men after my return from re- 
 connoitring: they were marching across the common at the 
 back of the town. 
 
 Q. In your direct examination you have stated that your 
 orderly book was taken — where are the manuscript orders ? 
 
 A. I believe that Captains M'Cormick and Butler have 
 the orderly book of their regiments, but do not know that 
 they are here. Those gentlemen were adjutants to Colo- 
 nels Findley and M'Arthur's regiments. The manuscript 
 orders were given up also. 
 
 Q. Did you receive any orders from me ; and how were 
 they communicated ? 
 
 A. They were generally sent by an aid-de-camp to me ; 
 upon which I assembled the adjutants of regiments at my 
 quarters, and communicated them. I speak of the written 
 orders and those while on march. 
 
 Q,. Was there not an order of march published ? 
 
 A. There was an order of march published at Dayton, 
 or in its neighborhood : we departed from that order in our 
 march from Urbana. 
 
 Q. Do you recollect the paper, now presented, and in 
 the words " Effective affgrc^-atc of the three regimentSy 
 about rOO ?" 
 
r 97 ) 
 
 A. It is my hand-writing, and was handed by me to 
 General Hull, on the evening of the l£;th August — the 
 waggoners of the regiments, I believe, were included in 
 the estimate, but the 4th regiment was not: it was only 
 what remained of Colonels Cass and M' Arthur's, and the 
 whole of Colonel Findley's regime. it, and so explaintid at 
 the time. This estimate was made by me at the request 
 «f General Hull, on the evening of the 15th August. 
 
 Captain Charles Fuller^ of the 4th Regiment Infantry, 
 sworn. 
 
 This witness stated that he belonged to the North- West- 
 ern army under General Hull, and was at Detroit on the 
 15th and 16th August, 1812 — that soon after the white flag 
 was hoisted witness went to the gate of the fort, and met 
 Lieutenant- Colonel McDonald and Major Glegg, of the 
 British army, on horseback. General Hull was standing 
 near the gate. One of them said to the general that they 
 were sent to him by General Brock, on seeing the white 
 flag hoisted, to receive any communications General Hull 
 might h ive for General Brock, when General Hull replied, 
 " Gentlemen^ I shall surrender. I beg you xvill go to the 
 marquee in the Jield^ where I will come or send'''' — that Ma- 
 jor Glegg requested witness to accompany him, to shew 
 where the marquee was, as he was apprehensive the militia 
 might fire upon him, from not knowing his business ; that 
 witness went with them to the marquee, where they were 
 furnished by Major Snelling with pen, ink and paper ; soon 
 after which General Hull, Colonel Brrsh and Colonel Mil- 
 ler came to the marquee, where witness remained about 
 ten minutes and then went to the fort — that, on his reaching 
 the fort, he found the militia (i. e. Colonel Findley's mili- 
 tia) in the greatest confusion, with their arms stacked — that, 
 after tiiis, witness went to Captain Dyson's quarters r-nd 
 saw the two British officers coming out of them. Colonel 
 
 N 
 
( ^8 ) 
 
 McDonald had a paper in his hand, which he said was the 
 articles of capitulation signed by General Hull; i« ^ bc 
 was taking it to General Brock for his approbation, and 
 wished witness to accompany him, for the same reason that 
 he went to the marquee ; with which request witness com- 
 plied, and found the British column nearly half a mile from 
 th fort, opposite Mr. May's house — that he then left Col* 
 McDonald and returned to the fort. Witness says that he 
 saw General Hull several times on the 16th, and in his 
 judgment he appeared to be frightened — witness thought so 
 at that time — he never saw the marquee before the morning 
 of the 16th, and does not know when it was pitched. 
 
 In aimwer to a question by General Hxdl^ Captain Fuller 
 said that he received a letter on the 2d July (the day after 
 the vessel left the Rapids of the Miami) from General Hull 
 to Colonel Anderson, to procure for witness a boat and 
 hands, that he might go in pursuit of the vessel which took 
 the baggage and sick on the lake. Coloael Anderson could 
 not find a boat ; and, from the winds blowing so hard, it 
 would have been impossible to overtake the vessel. Colo- 
 nel Anderson was the commanding officer of the militia 
 then, and did every thing in his power to procure a boat — 
 that the general sent for witness about daylight in the morn- 
 ing, to send him off to stop the vessel, saying that he had 
 just received an account of the declaration of war. He thought 
 the general appeared on the morning of the 16th like a man 
 full of anxiety, dull, heavy and low-spirited. 
 
 Q. You stated that I had the appearance of being under 
 personal fear : do you not think that appearance might 
 have proceeded from anxiety and the heavy responsibility 
 I was under ? 
 
 A. I presume it would. I have no doubt of your appear- 
 and on that occasion being the effect of personal fear : I 
 had none then, I have none now. 
 
( 99 ) 
 
 Captain John L. Eastman^ of the 4th Reg'iment U. S. 
 Infantry^ sworn. 
 
 Captain Eastman informed the Court that he belonged 
 to the North- Western army under General Hull, and waa 
 at Detroit in 1812, adjutant of the 4th Regiment — that the 
 morning report of that regiment, on the 15th August, was 
 345, grand aggregate of total present, including a small de- 
 tachment of the l&t regiment under Lieutenant Stansbury, 
 then unfit for duty, and the sick; that he saw Colonel 
 M- Donald with General Hull in Captain Dyson's quarters 
 —heard the general express to Colonel M'Donald a wish to 
 make provision for the Canadians who had taken protection 
 from him, when Colonel M'Donald replied, " It is totally 
 inadmissible," and the general said, " Well^ Sir, I shall 
 surrender.^"* When the shot from the enemy killed the offi- 
 cers, General Hull went into Captain Dyson's quarters, 
 and immediately returned with a letter, which he gave to 
 Captain Hull, his aid, to send by Captain Snelling with a 
 flag. Captain Hull took one of the pikes made for board- 
 ing the Queen Charlotte, tied a white handkerchief upon it, 
 and gave it to Captain Snelling, who took hold of it with* 
 out seeing the flag, but upon seeing it, said he would be 
 damned if he would disgrace himself by taking that flag 
 from the fort. General Hull standing near, asked what waa 
 the matter ; Major Snelling said he was in a passion, and 
 Captain Hull then took the flag and went witness did not 
 know where. 
 
 Witness said that he saw the general on the morning of 
 the 15th, when the shell burst. When it came into the fort 
 he ran as if he was going under the platform, but witness 
 did not know whether it was his intention or not. The gene- 
 ral', whole conduct, on the evening of the 15th and morning 
 of the 1 6th, was such as to impress the witness with the con- 
 viction that he was under the influence of personal fear, which 
 opinion witness expressed at the time. Witness remained 
 
( ioo ) 
 
 24 days at Detroit after the capitulation. The Saganac In- 
 diaas nived ihere in about three days after the capitula- 
 tion, in aumber about 250, of whom 60 were warriors — 
 the Makana Indians did not arrive before the 10th or 11th 
 September, in number about 1100 or 1200 warriors. 
 
 Be.ng Cross-examined by General Hull^ witness said that 
 he had not the orderly book of the 4th Regiment, nor. any 
 manusci ipt orders, and presumed the enemy possessed them- 
 seiv;:s oi" it — that Lieutenants Stansbury's and M'Cabe's 
 deiajhments were included in the morning report of the 
 4th Kegiment. 
 
 Lieutenant George Gooding^ of the 4th U. S^ Regiment 
 Infantry^ sxvorn. 
 
 Witness says that he was in the North- Western ai my 
 under General Hull, and went with the baggage in the ves- 
 sel from the Rapids — did not go by any order, and never 
 knew the master of her before he went on board — that he 
 saw two trunks on board, which he supposed belonged to 
 General Hull, containing letters from the Secretary at War 
 to the general, but does no*, know of any muster-rolls. The 
 boat was taken in the mouth of the river, between the shore 
 and the island of Bois Blanch, and on the Maiden side, near 
 EUsoll's house — they were obliged to pass near to the fort 
 of Maiden. The boat that took them was coming from 
 the island. Witness saw on the south side of their boat a 
 large batteau full of British soldiers, making for them — 
 that there were in the boat with witness altogether about 
 40 or 45 men, 34 or 36 of whom were of the 1st and 4th 
 regiments, the whole of whom were invalids ; two militia 
 officers, three Serjeants, and himself being the only persons 
 in health on board, excepting the boat's crew — that the arms 
 were in the hold — that when they started they had not the 
 smallest apprehension or suspicion of being attacked — that 
 on the 2d July, witness was taken to Amherstburgh, and 
 
( 101 ) 
 
 remained there until the 6th August — while there he saw a 
 letter from Gtneral Harrison to General Hull, naming a 
 certain Indian chief, upon whom the latter might rely ; 
 whi^h Indian was put in irons in consequence. Witness 
 sa}'s that the regular British force at Maiden was from 200 
 to 250 ; that about 120 boatmen arrived after he arrived 
 there, he having seen them draw part of their arms from 
 the military store ; that the miiitia was coming in every- 
 day, but he did not know their numbers, nor ever saw them 
 parade — the militia guard about che middle of July stood 
 48 hours, on account of the smallness of their numbers ; 
 that Colonel Proctor arrived at the end of July, or first of 
 August, in an open boat, with ten or twelve men. Witness 
 knew of no force brought by Colonel Proctor, nor of anv 
 reinforcements after his (witness's) arrival there, except 
 about 50 or 60 Sank Indians, who ca ne about the middle 
 of July. Witness saw a man riding in, and heard him 
 halloo '■' The Yankees are coming," and then he saw some 
 things going on board the brig Hunter, and there Avas much 
 confusion in the town. 
 
 Cross-examined by General Hull. 
 Says that he thinks there were an officer and six men in the 
 boat which took our vessel with the sick and baggage ; that 
 he saw some small arms and cutlasses — that he had no or- 
 ders to throw away arms or any thing ; there was a captain 
 Sharp on board, a senior officer ; that the boat was loaded 
 and the arms stowed away before he went on board ; that 
 he does not know the number of militia at Maiden ; they 
 were coming in every day from the 2d, to about the 15th 
 July ; that they had no thoughts of being taken, or of 
 making any attempt at resistance, and he has no recollection 
 of any instructions to keep on the American side ,* that the 
 confusion he spoke of as being at Maiden was in the town ; 
 he was not in the fort. In his opinion, if they had been 
 prepared for action, they could not have escaped. 
 
( 162 ) 
 
 Major Jeremiah Monson, 27th U.S. Regiment Infantry^ 
 srvorn. 
 Major Monson said that he was wounded before the army 
 went into Canada, and was not reported fit for duty, nor has 
 done any dut} since the 9th or 10th July, when he was 
 wounded ; that, knowing that Colonel Cass and Major Mor- 
 rison were absent, he desired his brother, on the evening 
 of the 15th, when the enemy's fire ceased, to take him to 
 the ground where his regiment was posted, as well as Col- 
 onel M' Arthur's, in the rear of the fortress and in the line 
 of the enemy's fire ; that General Hull and his aid, Major 
 Jessup, came there — the regiments were in disorder and 
 confusion — the sick and wounded of these detachments were 
 situated in the ditch of the fort, whither they had gone for 
 safety, from the place assigned to them ; that witness ap- 
 plied to General Hull to have them removed, and was re- 
 quested, if his health would permit, to attend and arrange 
 them as well as he could, which he did, and struck the 
 tents, and General Hull expressed his approbation of what 
 he had done ; that he asked the general if i; would not be 
 proper to inform Colonel Findley of the new disposition of 
 these men, and was requested, as it was on his way to his 
 quarters, to do it, but being exhausted, he sent word by 
 Major Van Home. This was between 11 and 12 o'clock 
 at night. 
 
 Witness said that he, as well as his brother, had some 
 business with General Hull, and went to him on the 16th, 
 about one or two o'clock, P. M. Major Glegg came in and 
 apologised for the firing having broken some of the win- 
 dows of the general's house. The general lold the witness 
 that he could do nothing in his business till Colonel Cass ar- 
 rived, and that he was expecting him every moment. 
 He said, '* I almost dread seeing the Colonel, as I expect 
 he will censure me very much, my country will also cen- 
 
( 103 ) 
 
 sure me, but, under existing circumstances, I have done 
 what my conscience directed — I have saved Detroit and 
 the territory from the horrors of an Indian massacre." 
 
 Cross-examined by General Hull. 
 
 Q. Were not the best men of Colonels M'Arthur and 
 Cass's regiments sent upon the detachment under those 
 offi-ers ? 
 
 A. I do not know ; I presume so. When I formed the 
 remainder of the two regiments, there were 30 or 40 of 
 those invalids, who were with sufficient officers in the rear, 
 formed as a reserve, and permitted to lie down with their 
 blankets. 
 
 Q. What was the quality of the arms of the three Ohio 
 regiments ? 
 
 A. At the time they drew their arms, I was acting as aid 
 to Governor Meigs, and was ordered, with a mechanic, to 
 inspect them : many of them were condemned, and many 
 of them proved very bad. On the day previous to my be^ 
 ing wounded, there were considerable complaints about the 
 arms — Colonel Cass ordered them to be examined, which 
 was done ; there were many unfit, and wore replaced by 
 some new arms, issued by order of General Hull from the 
 arsenal at Detroit. 
 
 Q. What was the state of the arms at the time of sur^ 
 render ? 
 
 A. I do not know. 
 
 C Adjourned to the next day.) 
 
( 104 ) 
 
 2Ut Day. Friday, lltli February, 1814. 
 
 The Court met, pursuant to adjournment — all the members 
 present — xvhen 
 
 Lieutenant Asher J'hHips, of the \9th Regiment United 
 States infantry, was sworn and said 
 
 That he was doing duty in the fourth regiment of infan- 
 try, and in the army commanded by Brigadier General 
 Hull, and was at Detroit on the 15th and 16th August, 
 1812— that he saw General Hull on the morning of the 
 latter day, but did not hear him say much ; he was sitting 
 on a tent, which was lying on the ground, with his back to- 
 wards the parapet or wall, one gentleman and one lady 
 near him— he appeared to be very much agitated, and wit- 
 ness then supposed that he was under the impression of 
 
 fear the gentleman who stood by the general was Doctor 
 
 Cunningham, who the lady was witness did not recol- 
 
 leff^. 
 
 Q. (By General Hull). Did you not see a number of 
 officers about me, while sitting on the tent, on the morning 
 
 of the 16th ? 
 
 A. There might have been ; but I do not recollect. 
 They may have been walking about, but not sitting down. 
 
 Captain Charles Fuller 7vas again called, and being examin- 
 ed by the fudge Advocate, says 
 That there were some women in Captain Dyson s 
 quarters on the morning of the 16th August, sewing up 
 flannel cartridges. Colonel Brush's wife and the wives of 
 90 me other of the officers were in the fort on that morning. 
 
 ^lestions by General Hull. 
 V VrA von not see the Ohio militia (volunteers) then ? 
 c v know of their discipline. 
 
4 105 ) 
 
 A. They were as well disciplined as militia usually are, 
 and better than the Indiana militia under Ge ^eral Harrison. 
 
 Q. Was it in my power to prevent indiscriminate firing, 
 when I gave orders to that effect. 
 
 A. 1 heard of orders being frequently given to prevent 
 promiscuous firing, but they did not entirely suppress it. 
 
 Q. Did you never hear of a mutiny among them ? 
 
 A. I heai'd the sentence passed upon two or three of the 
 ringleaders. Some of the volunteers refused to march 
 from Urbana — Captain Cook's company was sent back — 
 There are more particulars stated in General Hull's official 
 letter* 
 
 Q. Were there not labels posted on the trees, recom- 
 mending to the men not to march ? and were not some of 
 the officers rode upon rails ? 
 
 A. I heard of these things, but never saw them. 
 
 tolonel James Miller ^of the ^th Eeq-iment United States L}.- 
 fantry, called and swoim. 
 Colonel Miller said that he commanded the fourth regi- 
 ment of United States infantry in the North- Western army 
 under command of Gen. Hull,jointd the army at Urbana and 
 remained with it until the 16th August — that he knew no- 
 thing of an order of battle in the march from Urbana to 
 Detroit — that there was a general understanding how they 
 were to form in case of being attacked in the woods — -this 
 was known by his regiment, but he could not say as to the 
 militia. Witness crossed over to Canada ; was at the 
 river Aux Canards with Colonel Cass and the detachment 
 under his command ; went with a detachment of 50 regu- 
 lars and about 250 Ohio volunteers. Witness was a vo- 
 lunteer, by consent of General Hull, and under the com- 
 mand of Colonel Cass — the detachment proceeded within 
 a mile and a half of the bridge, and then sent some men in 
 
 advance, who reported that there were 50 men of the __. 
 
 Q ene« 
 
C i06 ) 
 
 my (2a on the bridge, and 25 on the other side of it) ; 40 
 riflemen were then detached towords the bridge, so as that 
 the main body of the detachment might march under cover, 
 with a determination if possible to secmx those 50 men. 
 It was expected that some guides would be procured j but, 
 not having any acquainted with the country, the detach- 
 ment shewed itself to the enemy sooner than waj intended ; 
 in consequence of which they fell back fVom the bridge 
 and formed the line of battle so as to prevent our cutting off 
 their retreat. They fired three inefliectual vollies upon us 
 and made good their retreat. The detachment took pos- 
 session of the bridge ; left a guard at It ; and fell back with 
 the main body to some farm houses, with the view of get- 
 ting some provisions, having taken none with us. 
 
 An express was then sent to General Hull informing 
 him of what had been done. The possession of this bridge 
 by the enemy was a great obstacle in our v/ay ; and having 
 now got possession of it, we presumed it would be kept. 
 In answer to the communication General Hirll sent an or- 
 der for the detachment to return, as he could not think of 
 dividing the army, and did not intend proceeding to Mai- 
 den for some time. A second application was then made 
 to the general, urging the necessity of maintaining the 
 bridge, in answer to which Geh<^ral Hull sent a discretion- 
 ary order on the subject. The officers were called to- 
 gether to advise upon the case ; and It was determined 
 that, unless we could support the bridge with our whole 
 force, we had better return, as the enemy was very strong, 
 in whole force, within tour miles of the bridge, which was 
 fourteen miles from our main body. Witness said that he 
 mentioned to Col. Cass, and they agreed, that, as they had 
 not the disposition of the whole force, they should not 
 take the responsibility — they then left the bridge and re- 
 turned to the encampment. 
 
 Witness said that on the evening of the 8th of August, 
 
 I 
 
he left Detroit, having been ordered with a detachment of 
 600 men to go to the river Raisin, for the purpose of es- 
 corting some provisions which were under charge of Capt, 
 Brush — that the first opposition he encountered was from a 
 party of Indians, who fired upon his advanced guard near 
 Maguaga — that the detachment being in the woods lightened 
 themselves by throwing oif their knapsacks with their provi- 
 sions, and then advanced upon the Indians, who retreated 
 and were pursued two miles and a half — that witness did 
 not think it prudent to allow the men to move from the 
 line to lake up their knapsacks — that the Indians reached 
 their main force there and made a strong opposition, but were 
 defeated. Witness could form an opinion of the strength 
 of the enemy only from the length of our line, and he con- 
 sidered the forces on each side nearly equal. He thought 
 that by this operation, the communication with the river 
 Raisin was completely opened. Witness sent a spy into 
 Brovvnstown and understood by Captain Maxwell that the 
 enemy had disappeared; he then returned to the field 
 of battle to collect his dead and wounded, and encamped 
 there for the night. Captain Maxwell was sent out the 
 ensuing morning, and brought two or three scalps on red 
 painted poles left by the Indians, as evidence that he had been 
 at Brownstown. Witness said that he detached Capt. Sncl- 
 ling to Gen. Hull, at Detroit, to inform him of the transac- 
 tion, and that we had lost the greater part of our provi- 
 sions ; and requesting him to send provisions with boats or 
 waggons to carry back our wounded men ; and also with a 
 further request for a reinforcement, if he could spare it, as 
 the men were very much fatigued and many were wounded 
 —that Colonel M' Arthur came down the next day with 
 8 or boats, and brought (as witness thinks) 2 barrels 
 of flour, one barrel of pork and apart of a barrel of whiskey 
 -that the men were very hungry,and made, witness believes, 
 only a, breakfast of this supply— that it was late in the day 
 
C 108 ) 
 
 when the wounded men were got into the boats — the dis- 
 tance then from the river Raisin was 16 or 18 miles, being 
 about half way between Detroit and river Raisin — that wit- 
 ness thought he could not reach the river until late the next 
 night, and, as the men were still complaining of want of 
 provisions, that he could send to General Hull at Detroit 
 for some, and also send Doctor Scott for two days provi- 
 sions — that the messenger did not return until a few min- 
 utes belore sunset the next morning, and then to witness's 
 inquiries into the cause of the delay, answered that he had 
 come by a back road and had lost his way. He brought to 
 witness an order in writing from General Hull to return to 
 Detroit, and said that he should fmd provisions on the 
 way, at or near the river Ecorces — this order witness obey- 
 ed — cook up his line of march on the 11th, and arrived at 
 Detroit on the 12th — that in the force under witness's 
 command on that service there were about 280 regulars, 
 the rest were volunteers from Michigan and Ohio. From 
 their conduct on that occasion, witness thought he never 
 saw better troops of the description ; they all behaved 
 to his satisfaction except the cavalry — the loss in the battle 
 in killed and wounded, was 81 — he thinks 17 killed on the 
 ground and 64 wounded — reports stated 104 Indians and 
 30 whites of the enemy killed and wounded. 
 
 Witness said that he was at Detroit on the 15th August, 
 when General Brock sent the summons of surrender to 
 General Hull. Col. Findley and the witness were direct- 
 ed to attend at the general's quarters, when he shewed the 
 summons and asked what was to be done ; they replied, 
 not to surrender. The general sat down, penned an an- 
 swer, and asked if it would do. 
 
 Witness said that he was on that day, and had been for 
 some time, very sick — that during the cannonade General 
 Hull was in the fort on tht- morning of the 15th, and Avas 
 informed that the enemy was approaching, and that some 
 
C 109 ) 
 
 of Captain Knagg's men, of the Michigan militia, had join- 
 ed them— that some time after this General fluli a iked 
 witness if he had not better sent a flag; witness replied, 
 he did not know, but that he had better consult the com- 
 manding officer on the outside of the fort (witness being- 
 stationed in the fort whh his regiment, and having com- 
 mand of it) who had a better opportunity of ascertaining 
 the number of the enemy ; that General Huh, in answer 
 to this said there was no time for consultation and that he 
 would send a flag : and he did so. That some time after 
 this Colonel Findley's troops came into the garrison. 
 That Gen. Hull went out to a tent that was pitched in the 
 southerly part of the fort and sent for witness, who went 
 there, and as he approached saw the general standing 
 with his back to the door — witness heard him say to Col. 
 McDonald or to Major Glegg "/ will surrender^ He 
 thea i-equested Col. Brush and witness to assist in drawing 
 up some articles of capitulation j that witness remained 
 there, lying on the ground, having a violent fit of the ague, 
 while Brush and M' Donald were penning the articles ; that 
 the paper, now exhibited, is the paper he signed ; that at the 
 time that it was read to him, it contained a provision that 
 the troops should march out with the honours of war; 
 that after the articles of capitulation were drawn up. Col. 
 McDonald asked witness to sign them, v/hich he declined 
 to do, as it would have had the appearance of his having 
 given his approbation to the measure, or of his having 
 some agency in it; that Col. M' Donald replied^ that it 
 could not be so, as it was only a matter of form, and that 
 %vitness, upon reflection, thinking so too, did sign them, 
 then retired to his bed and knew nothing more. 
 
 Witness said that he never saw a letter dated the 17i\\ 
 August, signed by General Hull, to the ofiicer commanding 
 at the Rapids, directing him to surrender to the British ; 
 that it never had been submitted to him, nor did he ever 
 5ee it till then. 
 
( 110 ) 
 
 Witness did not think that General Hull appeared much 
 agitated on the 15th ; but that on the 16th, he did Jtppear 
 so. He [the General) was in the fort on the morning of 
 the surrender, sometimes leaning, sometimes sitting, and at 
 others standing ; witness cannot say whether the agitation 
 proceeded from personal alarm, or from a consideration of 
 the heavy responsibility in v/hich he vras involved : and he 
 does not know whether at the time he formed any decided 
 opbion on the subject. Witness says that General Hull 
 after the surrender said to witness, that the enemy might 
 perhaps take some advantage of that part of his proclama- 
 tion which said that " no man tahen in arms by the side of 
 an Indian, should be taken prisoner." 
 
 Examined hy the Court, 
 
 Q. What was your opinion, while in Canada, as to the 
 propriety of making an attack upon Maiden, either soon af- 
 ter the army arrived in Canada> ^^ afterwards ? — Were 
 you or were you not, satisfied, from the best information 
 you had received, that an attack on Maiden would be at- 
 tended with success ? 
 
 A. I was always fully of opinion that we ought to have 
 made an attack on Maiden within a few days after we ar- 
 rived in Canada. I never had any doubt of the success of 
 an attack at any time. 
 
 Here an objection was made by the prisoner to the wit- 
 ness's opinion being asked; which the court agreed to 
 consider. The question was then niodified so as to read 
 as follows : 
 
 d. Did you express in council your opinion, while in 
 Canada, as to the propriety of making an attack on Mai- 
 den, either soon after the army arrived in Canada or af- 
 terwards ? and what was that opinion, as to its propriety 
 and probable success at '.hat time ? 
 
 A. At the council which was called to decide the que^- 
 
 M 
 
C 111 ) 
 
 tion whether we should attack Maiden immediately or 
 wait for th« artilery, I supported my opinion that we should 
 not wait for the artillery, and suggested to General Hull 
 that we should divide the army equally and send down 
 one half in boats, or by a hack road, to below the fort, and 
 with the other half approach them from above, that the 
 troops might make an united attack ; and I told the gen^ 
 eral that I would answer for my men, that they would at- 
 tack the fort and not fall back in disorder. The general 
 said that if the other commandants of regiments would an- 
 swer for their men he would attack the fort. They said 
 that they could not answer solely for their men, but had no 
 doubts but that they would behave well. The general said 
 he had no doubts as to the regulars, but that he had som& 
 as to the militia, who were inexperienced, against a fort, 
 
 Q. What was the strength of the 4th regiment fit for 
 duty on the last of July or first of August, including the 
 detachment of the first — or, from the latter part of July to 
 the 3d or 4th August ? 
 
 A. I cannot say precisely — about 300, principally in 
 good health ; the adjutant has some reports by him, I 
 believe. 
 
 Q. Were the men of the 4th regiment trained to the ex- 
 ercise of the great guns ? and what was their force on the 
 morning of the surrender ? 
 
 A. They were pretty well trained, having been practised 
 by Captain Truman at Fort Independence,* there were 
 about 250 or 260 effective for duty. 
 
 Q. Was it suggested in any council that a position near 
 Maiden would facilitate the communication to the river 
 Raisin ? 
 
 A. I think I suggested it several times. 
 
 Q. Was there any general order given for posting the 
 troops in different situations for the defence of the fort and 
 town of Detroit, on or before the 16th August, 1812? 
 
( 112 ) 
 
 A. I do not recollect any written order ; there was an 
 arrangement made the evening before. Col. Brush was to 
 deft nd the upper part of the town with his men. Col. 
 Findley was to form rather northerly of the fort. The 4th 
 regiment was to be stationed in the fort, and the residue 
 at the batteries. This arrangement was made by General 
 
 Hull. , , . ^ 
 
 Q. You stated that Maiden was to be attacked without 
 
 waiting for cannon, as proposed by you in council, and 
 
 that you gave a plan of attack ; were not both these opm- 
 
 ions overruled by a majority in the council ? 
 
 A. Yes : it was so proposed in council. My plan was 
 
 not submitted to the council: the only question was, should 
 
 Maiden be attacked without waiting for cannon or other^ 
 
 wise. 
 
 Adjourned to the next day. 
 
 'Q2dDay. Saturday, 12th February, 1814. 
 
 The Court met pursuant to adjournment, all the member 
 present. 
 
 Colonel Miller cross-examined by General Hull. 
 Q. Was I not active in forwarding the march of the ar- 
 
 \ It is my opinion that General Hall hurried the troops 
 m their march, after he joined, as much as prudence would 
 
 dictate. , . ^ 
 
 Q Were not mv personal exertions actively engaged . 
 A. 1 observed your personal exertions in the march from 
 
 Urbana. 
 
 Q. Did I not, during the march, pay as much attention 
 to the discipline and to the reviewing of the troops as their 
 situation wo.ild admit, from their labour and fatigue m 
 opening the country ? 
 
(lis ) 
 
 A. At Urbana the troops were drilled part of an after- 
 noon : from thence to Detroit there was no opportunity 
 for disciplining them. The fatigue of cutting the road, 
 With the march, was as much as they could endure. 
 
 Q. Do you not recollect the troops being called out for 
 drill and review at Urbana, but being prevented by a storm. 
 
 A. I do not recollect. 
 
 Q. Was there not an order of march generally known 
 to the armv. 
 
 A. The order of march exhibited was that understood by 
 me. I do not recollect whether it was to be followed by 
 written order or not. The troops generally marched ac- 
 cording to that order of march. 
 
 Q. Was not your regiment to form in front in case of an 
 attack ? 
 
 A. That was my intention, but I do not know how the 
 other regiments were to form. 
 
 Q. Was not the column to form by facing outwards, in 
 case of an attack upon the right flank ? 
 
 A. That was generally understood, but I do not recollect 
 any order either verbal or written. General Hull conversed 
 with me frequently on the subject ; and I think it was com- 
 municated to the other officers also by conversation. 
 
 Q. Was not this order of march similar to the one adopt- 
 ed by General Wayne in passing through that country ? 
 
 ^ A. It was, I believe, as General Hull told me it was 
 his intention to adopt the same order. I believe this was 
 similar. 
 
 Q. Did you not perceive me almost constantly in a situ- 
 ation that I could, in case of an attack, make a disposition 
 of the army ? 
 
 A. During the greater part of the march General Hull 
 rode near me— I was in front— he sometimes passed to the 
 
 rear. 
 
 P 
 
( 114 } X 
 
 Q. Was not the paper (exhibited) the plan of encawfJ- 
 meut for the army ? 
 
 A. We usually encamped in the form of a hollow snuare, 
 facing outwards — the fires fifty yards without the 'ines ot 
 the squares. 
 
 Q. Hi'l we nor nfi^nerally a breastwork of logs without 
 the lines of the sqn re ? 
 
 A. After we had advanced so far as to be apprehensive 
 of an attock, breastworks W're generally made at such a 
 distance as to 1c:;vii roo n for wheeling a platoon, 20 or 30 
 feet in front of the line of tents. 
 
 Q, In case oC alarm was not the post of each regiment 
 designated by ord^^rs, so as that each should form in order 
 of battle in front of its huts ? 
 
 A. Yes, it was generally understood. I believe there 
 was a verbal order from General Hull to that effect. 
 
 Q,. Was there not a signal by tap of drum given by my 
 order and at mv quarters, every morning before day, which 
 signified that the troops were to turn out and form ? 
 
 A. This was the general understanding, and acted upon 
 accordingly. 
 
 Q. Did I not use exertion and industry at Detroit to 
 prepare the heavy and light field artillery ? 
 
 A. I discovered no want of exertion in that respect. 
 Q. After your battle at Maguaga, what reinforcement 
 did you want, or suggest that you wanted ? 
 
 A. I think I suggested 150 or 200 men, if they could 
 be conveniently spared. 
 
 Q. Were there no provisions to be had near the place 
 where the battle was fought ? 
 
 A. We found a number of Indians' hogs, green com 
 and potatoes. I know of no settlements nearer than the 
 River Ecorces, or that of Detroit : nor of any flour or 
 bread-stuffs. 
 
( 115 ) 
 
 Q. Were not the 280 men you had with you the whole, 
 or nearly the whole, of the effective men of the 4th regi- 
 ment ? 
 
 A. I had almost the whole effective force, except what 
 was left with Captain Cook in detachment undtr Major 
 Dennie, on the other side of the river, in Canada ; I do 
 not recollect the number. When f speak of the 4tli Regi- 
 ment, 1 mean to include Stansberry's and M' Cube's detach- 
 ments- 
 
 Q. Were there any British troops in the fort, before you 
 had signed the capitulation at the tent ? 
 
 A. Not to my knowledge. 
 
 Q. Did you ;^ee any conduct of mine on the morning "of 
 the 16th which the ftitigue I had undergone, and the re- 
 sponsibility which was upon me, might not have produced? 
 
 A. I dont know that I did. 
 
 Q. Can you mention any act of mine on the 16th which 
 you did at the time, or do now, impute to cowardice or 
 personal fear, and if so, what ? 
 
 A. Yes ! such an immediate surrender I think was indi- 
 cative of a want of courage. 
 
 Q. Did you see me while I was in the fort in any place 
 or situation unfit for a commanding officer ? 
 
 A. The general was towards the easterly part of the fori 
 -—I was there myself — he sat down a considerable part of 
 the time near the parapet — this was during the cannonaded 
 I considered it a safer part of the fort- 
 
 Q. Was not my situation near the gate the most con- 
 venient for receiving communications from without the 
 fort ? 
 
 A. It was. 
 
 Q. Did Colonels M' Arthur and Cass object to your 
 plan of attack on Maiden, proposed in council ? 
 
 A. I do not recollect. 
 
 Q. Were you, in council, in favour of any other mode 
 of attack on Maiden than that you proposed ? 
 
( 116 ) 
 
 A. I voted in council for an immediate attack. After 
 having so voted, I proposed to the general my views of 
 attack. I did not suppose General Hull to be bound by 
 my opinion. 
 
 Q. Do you recollect my written orders sent to you at 
 Brownstowh by Colonel M' Arthur; and that when Colo- 
 nel M*Arthur went. with 100 men, I would not divest you 
 of the command, but said that if Colonel M'Arthur went 
 with you he must go as a volunteer ; otherwise that he 
 must return ? 
 
 A. I recollect something of that kind. 
 Q. Do you not recollect stating to me that you would 
 not consent to be commanded by Colonels Findley, Cass, 
 or M ^Arthur, after I had received letters from the Secre- 
 tary at War ? 
 
 A. That I could not, and would not : as I considered 
 that the Secretary at War had decided the question in my 
 favour. 
 
 Q. Did I not state to you that Colonels M' Arthur, 
 Findley and Cass had commissions as full colonels, and 
 that your commission was only that of lieutenant-colonel ? 
 A. You did. 
 
 Q. Please to state what you know of the mutiny at Ur- 
 ban \ ? 
 
 A. When the troops were to march from Urbana, I was 
 requested by an express to send a company of the 4th Re- 
 giment to compel some men of the Ohio volunteers to 
 march. They had laid down their arms and refused to 
 march. 
 
 Q Do jou recollect my sending for you about the 7th 
 Augubt, in the evening, when about leaving Sandwich, and 
 mentioning my intention of concentrating the forces at De- 
 troit ; and also my intention to send you to open the com- 
 munication with River Raisin, where the provisions were ? 
 
( 117 ) 
 
 A. I recollect your sending for me and proposing the 
 force I was to command. , 
 
 Q,. Do you not recollect my shewing you some letters 
 from Generals Hall and Porter on the Niagara frontier, 
 Stating that General Brock was advancing with a consider- 
 able force ; and that it was a reason I assigned for re-cross- 
 mg? 
 
 A. I think that you shewed me at that time letters from 
 General Porter and from some other general, perhaps Ge- 
 neral Hall, and either stated the contents or read them ; 
 that this was about the time the main body re-crossed ; and 
 that General Hull stated this as a reason for re-crossing. 
 
 Q. Do you recollect at what time General M'Arthur 
 left you ? 
 
 A. General M' Arthur left me, I think, on the afternoon 
 of the 10th August. The men were very much fatigued. 
 
 Q. Was there not a severe storm of rain on the 9th, af- 
 ter the action ; and were not your men much exposed to it ? 
 
 A. The men were very much so, and fatigued. I had a 
 relapse of the ague the day after the battle. 
 
 Q. Were you and your men in a situation to have pro» 
 ceeded ? 
 
 A. Neither myself nor men were in as good a situation 
 as we had been in ; but we were able to proceed, and 
 should have proceeded, if we had not been ordered back. 
 
 Q. State at what time you received the order to return, 
 and why you did not proceed on the 11th ? 
 
 A. Because I had no provisions. I have stated when I 
 received the order. 
 
 Q. Did you not draw provisions at Detroit ? 
 
 A. We took two days' provisions, which served for the 
 9th and 10th. 
 
 Re-examined by the Court. 
 Q.. When General Hull informed vou of his intention 
 
( 118 ) 
 
 to concentrate his force at Detroit, as you have mentioned., 
 did he merely state his intention, or did he ask your opinion 
 on the measure ; and if he asked your opinion, what was 
 it? 
 
 A. We conversed freely on the subject some days before 
 the army moved, and I believe he asked my opinion. It 
 was, not to re-cross ; but, if he did, to leave one-half of the 
 army on the Canada side. 
 
 Q. At what time did you leave the fort to go to the tent ? 
 at what time did you return; and when did you see the 
 British troops in possession of the fort? 
 
 A. I went out of the fort between 10 and 1 1 o'clock ; 
 returned in about three-quarters of an hour ; and saw about 
 100 British troops near the gate on the outside. 
 
 Q. When General Hull ordered you to the tent to as 
 sist in drarvving up the articles of Capitulation, did he give 
 you any directions to stipulate for the protection of such 
 Canadians as had availed themselves of his proclamation ? 
 
 A. I do not know that he did. 
 
 Q,. Did any essential injury result to the service from 
 the rank of the field officers not being settled ; and did they 
 not act at all times together when required so to do ? If 
 not, state the cases. 
 
 A. I do not recollect any movements being made when 
 it was an impediment. General Cass and I went together 
 most : sometimes he commanded ; at others I did. I was 
 on good terms with all the colonels. I thought I ought to 
 rank above them. 
 
 Q. When you returned to the fort from the tent, had the 
 American troops stacked or thrown down their arms : and 
 was the fort at this time so crouded as not to admit of their 
 acting with effect ? 
 
 A. I think they had stacked their arms ; and the fort 
 was so crouded that they could not all have acted together 
 with effect. 
 
( 119 ) 
 
 He-examined by General Hull. 
 
 (^. Do you recollect that when I left you at the tent with 
 the British officers, I told you I was willing to make the 
 surrender the basis of a treaty, and that you must get the 
 best terms you could ? * 
 
 A. I think you did. ^ 
 
 Q. Did I not state to you as a reason for sending a flag, 
 that I wished, in obtaining a cessation of hostilities, togain 
 time, in hopes of hearing from Colonels M'Arthur and 
 Cass ? 
 
 A. I think you had a conversation with me on that sub- 
 ject when the flag went out, and before we had any an- 
 swer from the enemv. 
 
 Captain James Dalliby was again called to be ex- 
 amined by the Court, when General Hull made the follow^ 
 ing objection — 
 
 '* I object to the examination of any witness after his 
 testimony has been closed, and after he has been permit- 
 ted to hear the examination of other witnesse ." 
 
 To consider which the Court was cleared. — The Court 
 after due deliberation overruled the objection. The Court 
 being opened, Captain Dalliby was examined. 
 
 Q. At what time did you receive directions from Gene- 
 ral Hull (after the army arrived at Detroit) to make pre- 
 parations for fixing ammunition, making or repairing the 
 gun carriages, and, generally, any preparation either for at- 
 tacking the enemy or for the defence of Detroit ? 
 
 A. As I have before stated, no alterations of great con- 
 sequence were made at Detroit for its defence after the 4th 
 July. On the 6th July some artificers who came from 
 Ohio went to work to mount some heavy cannon on trucks 
 for the batteries on the banks of Detroit ; and some repairs 
 were made to the gun carriages for the three brass six- 
 pounders ; and a small quantity of ammunition was fixed ; 
 but no order was issued, to my knowledge, to prepare the 
 
( 120 ) 
 
 heavy ordnance until some time after the army went Into 
 Canada. I have not the order, but I think it was dated 
 the 15th or 16th July. 
 
 {The Court adjourned mntil Monday ^ ^\st Feb, J 
 
 Hod Day. Monday^ 2Ut February^ 1814. 
 
 The Court met, pursuant to adjournment ; but General 
 Dearborn and Colonels Fenwlck and Bogardus being ab- 
 sent, (the two former through indisposition) the Court 
 thought proper to adjourn until Wednesday morning, at 
 half-past 10 o'clock. 
 
 24-th Day. IVednesday^ 23d Feb. 1814. 
 
 The Court raet pursuant to adjournment, when, all the 
 members being present, excepting Colonel Bogardus, the 
 Court was cleared for the purpose of discussing some ques- 
 tions relative to the absence of that officer ; and was af- 
 terwards adjourned till Monday the 28th inst. at half-past 
 10 o'clock. 
 
 25th Day. Monday, 28th Feb. 1814. 
 
 The Court met pursuant to adjournment, when all the 
 members were present, excepting Colonel Bogardus : in 
 consequence of whose non-attendance the Court adjourned 
 until to-morrow at 11 o'clock. 
 
 25th Day. Tuesday y 1st Blarch^ 1814. 
 
 The Court met pursuant to adjournment, Colonel Bo- 
 gardus, one of the members, being still absent — General 
 Hull, after consenting to the Court's proceeding without 
 
( 121 ) 
 
 Colonel Bogardus, and that it should be at liberty to take ' 
 such further order as it might think proper, entered upon 
 his defence, and read several documents, for which see 
 Appendix. 
 
 Lieutenant Jonah Bacon^ of the 4th Regiment U. ^. 
 Infantry, sivorn. 
 
 Lieutenant Bacon said that he was Quartermaster of the 
 4th Regiment, and joined it at Urbana on the 9th June — = 
 that, after the march commenced, he had charge of the 
 ammunition of the whole army — that, so far as his expe- 
 rience enabled him to judge, the march was conducted in 
 the same manner as the march on the Wabash expedition 
 was conducted, except that when encamped they were for- 
 tified by felling trees in the form of a breastwork in a 
 square, according to the state of the ground — that, in two 
 or three days after the march had commenced, orders were 
 given that no fires should be made after sundown within 
 the lines, but at a certain distance in front — that Captain 
 Mansfield had at first charge of the ammunition, but that 
 that charge was delivered to witness after two or three 
 days' march — -that, as soon as witness saw the cartridges, 
 he thought them unfit for service, as the string was tied 
 over the swell of the balls, so that they could not be pre- 
 vented from "falling out in seven instances out of eight — 
 that at Solomon's Town, General Hull directed better car- 
 tridges to be prepared, in which service men were employ- 
 ed daily, as opportunity served — that, when the first batta- 
 lion of the 4th Regiment was ordered to cross the river, 
 witness was encamped with them on the esplanade, and 
 heard General Hull give frequent orders, after the army 
 had crossed into Canada, to Captain Thorpe who had 
 charge of the artificers ; that Colonel Miller had charge of 
 the 4th Regiment at the same time ; that 20 men were de- 
 tailed at Detroit for several days previous to the capitula- 
 
 Q 
 
( 122 ) 
 
 tioii to make cartridges for the infantry at large ; that Cap- 
 tain Dalliby had no charge of the musket cartridges at this 
 time, that the witness has any knowledge of — he did not 
 interfere with the witness : that he does not recollect the 
 quantity of cartridges made, but thinks about 106,000, and 
 all under the direction of the witness, exclusive of those 
 brought from Urbana and those at Detroit when the army 
 arrived there ; that he does not recollect whether the men 
 had worms to draw their cartridges or not, but many were 
 drawn ; that they were fired off by the Ohio volunteers on 
 their return from guard or detachment, as many were 
 issued, almost as fast as they were made, on some days ; 
 that witness reported this fact to General Hull ; that many 
 of the covers of the cartouch boxes were insufficient to pro- 
 tect the cartridges from the weather, and many were con- 
 sequently damaged by it ; that witness was employed some- 
 time on the 15th and 16th during the cannonade, in issuing 
 fixed ammunition, in the place of Captain Dalliby, and de- 
 livered some 24lb. cartridges several times ; that on the 
 morning of the IGth, before day, witness informed Gene- 
 ral Hull that the 24lb. cartridges were nearly expended ; 
 that Mr. M'Comb and witness examined with a dark lan- 
 tern, and could find no more packed in the same kind of 
 boxes ; that there was much confusion j that General Hull 
 gave witness directions to go to Captain Dyson and tell 
 him not to fire the 2411). cartridges, unless he was pretty 
 sure of their taking effect and annoying the enemy's batte- 
 ries, as those cartridges were nearly expended. 
 
 (Here Col. James Miller was again called and examined 
 by Gen. Hull.) 
 
 Q. Did not Colonel Brush come up to the fort on the 
 morning of the 16th, about the time I was informed that 
 Knagg's men had joined the enemy; and what did he say 
 about the militia he commanded ? 
 
 A. After the flag had been sent out, and before any an* 
 
( 123 ) 
 
 swer had been returned to it, I recollect that Colonel Brush 
 came to the fort and mentioned, or rather exclaimed, that 
 by G — d, he believed his men would have run away to a 
 man. 
 
 Q. Da you recollect at anytime during the campaign, 
 and before the 15th and 16th, any particular habit I had 
 of chewing tobacco ? 
 
 A. I had very frequently seen it, and observed that you 
 had a habit, when apparently engaged, of having tobacco 
 in front ot your mouth, and turning it about with your 
 fingers ; alternately exchanging the quid from the fingers 
 to the mouth. 
 
 Q. Did you not observe this on the 15th and 16th ? 
 
 A. I did on the 16th j I do not recollect particularly on 
 the 15th. 
 
 Q. Did there appear to be any more of this habit on the 
 16th than you usually observed ? 
 
 A. There was, but it might have been owing to want of 
 r€st and to fatigue. 
 
 fThe Court adjourned until to-morrow at half-past 10 
 o'*clock, A. 31. J 
 
 27th Day. Wednesday, 2d March, 1814. 
 
 The Court met pursuant to adjournment, all the members 
 being present excepting Colonel Bogardus. 
 Lieutenant Bacon's examination was continued. 
 He stated, that he frequently took powder from the ma- 
 gazine to fill cartridges, and that, three or four days before 
 the surrender, he was directed by General Hull to accom- 
 pany Captain Dyson and ascertain what quantity of pow- 
 der there was in the magazine ; which he did, and they 
 found 42 casks of from 107 to 112lbs. which was reported 
 
( 124 ) 
 
 to the general. He cannot say what quantity of musket 
 cartridges there was, as Captains Dyson, Whistler and 
 himseii issued them. Witness saw General Hull on the 
 I5ih and 16th August — there were some planks and boards 
 lying between the guard house and the gate of the fort, but 
 witness cannot say whether any of them formed a seat or 
 not ; he thinks he saw General Hull sitting on them, to- 
 gether with some officers. Doctor Cunningham and his lady, 
 on the morning of the 16th, during the cannonade. Wit- 
 ness saw General Hull once on the 15th on the parapet, and 
 once on the 16th; he saw him also in different parts of the 
 fort during the cannonade. General Hull appeared engaged 
 as usual, and agitated more than usual, on the morni^ig of 
 the 16th, but witness does not know the cause — he had no 
 suspicion that it proceeded from personal fear ; neither did 
 he hear any officers at the time express an opinion that it 
 did. Witness says that, after the shot from the enemy 
 did any execution, most of the officers were on the side 
 next the enemy's battery — they had nothing to do elsewhere. 
 Witness said that, as to the subordination and discipline of 
 the Ohio militia, they were militia without either — some 
 were frequently disorderly — and that, one evening at Ur- 
 bana there was a, noise, when he (witness) ran out to en- 
 quire the cause, and saw some men of his regiment, who 
 said it was only some of the Ohio militia riding one of their 
 officers on a rail. 
 
 Lieutenant Bacon was cross-examined by the Judge Ad- 
 vocate, and stated, that the Ohio militia had been just call- 
 ed into the field, and were as well disciplined as militia 
 generally are ; that he never was in any engagement with 
 them during the campaign ; that he does not recollect see- 
 inj;, more than 30 or 40 of them, who at one time, refused 
 to cross into Canada with the army ; and that he thinks he 
 saw at another time 100 ; that, when the troops left Ur- 
 bana; Captain Hull, as aid-de-camp, informed Colonel 
 
( 125 ) 
 
 Miller that there was another mutiny among the Ohio mi 
 litia ; and gave him an order from General Hull to keep 
 back his regiment (the 4th) to suppress it ; that the gene- 
 ral soon after rode up to the head of the column and di- 
 rected Colonel Miller to march in, saying, with some em- 
 phasis, " By G — d. Sir, your regiment is a powerful 
 argument. Without it I could not march these vo- 
 lunteers to Detroit ;" that Captain Mansfield's, Cap- 
 tain Brown's companies, and some others, were under 
 better discipline than the rest ; that the feeling and 
 disposition of the men were generally very good ; that they 
 seemed to be actuated by an enthusiasm highly creditable, 
 and what witness said respecting their want of discipline 
 and subordination, he attributes to no other cause than 
 want of experience. Witness in answer to the cross-ex- 
 amination then stated, that the cannonade began about 4 
 o'clock in the afternoon ; that they continued to throw- 
 shells till between 9 and 10 o'clock at night, during which 
 time witness was in the fort and saw General Hull on the 
 parapet, but does not know how long he remained there ; 
 that he was saying something about the field pieces that were 
 getting up ; that this was after the firing had ceased; that 
 the fire of the enemy was principally directed at the bat- 
 tery, which was upwards of 200 yards from the fort — one 
 shell came into the fort ; that the cannonading re-commen- 
 ced about day-break on the 16th, and wounded a man; 
 that witness saw General Hull on the parapet, looking to- 
 wards the enemy ; and thinks there was firing at the fort 
 before the American battery ceased firing. 
 
 Cross-examined by the Court. 
 Witness says it was early in the morning that General 
 Hull Avas ou the parapet, and before the shot killed Lieu- 
 tenant Hacoks ; that General Hull ordered him (the wit- 
 ness) to have the tap of the drum beaten at day-break, to 
 
( 126 ) 
 
 turn out the men to man the works, which was done ; that 
 there was some fixed ammunition for the cannon in the fort 
 besides what was reported, but he cannot say how much- 
 it was under charge of Lieutenant Dalliby ; that the men 
 were taken off from making cartridges, to march to Browns- 
 town under Colonel Miller. 
 
 Q. (By Gen. Hull.) Was I not during the cannonade on 
 the 15th and 16th, the principal part of the time, out of the 
 fort, at the batteries and with the troops ? 
 
 A. I cannot say. 
 
 Q,. (By the Court.) At the time you saw General Hull 
 at the parapet of the fort, did you observe any of the ene- 
 my's shot to come near the fort ? 
 
 A. I think not. 
 
 Here General Hull wished to put a question, relative to 
 JNIajor Snelling's testimony as to the British force coming 
 against Detroit, which, after some discussion, was waved. 
 
 General Peter B. Porter szvorn. 
 General Porter stated that, about the last of March or 
 beginning of April, 1813, he was at the office of the Secre- 
 tary at War with General Hull, after he had been appoint- 
 ed a Brigadier-General, and about the time he was to march 
 to Detroit; that he was frequently with the heads of de- 
 partments, and had conversations as to the operations ol 
 the army, in case war should be declared, which was m 
 contemplation. 
 
 General Porter was then examined by General Hull. 
 
 Q. Do you recollect whether I recommended that a 
 navy should be formed on the lakes, to have a superiority 
 over the British in case of war ? 
 
 A. I do. 
 
 Q. Did I state what that force should be, under those 
 circumstances, and what number of men it should consist 
 of? 
 
( 127 ) 
 
 A. I recollect being at the war effice, but not precisely 
 the force proposed. The British force was stated. — I think 
 the naval force which General Hull said should be 
 constructed was a sloop of war of twenty guns, and that 
 the brig Adams, a merchant vessel, which was then on the 
 ways for repairs, should be taken into the service — the 
 Secretary of the Navy proposed writing to Captain Stew- 
 art at Philadelphia to repair to Washington to concert mea- 
 sures. 
 
 Q. Was not a navy-agent appointed at that time for Lake 
 Erie ? 
 
 A. There was — I was twice at the President's with Gen. 
 Hull, when the subject of a navy was talked over : at first 
 it was agreed to have one; but afterwards it was agreed to 
 abamdon it, doubtless as inexpedient : the brig Adams was 
 transferred by the Secretary at War to the Secretary of the 
 Navy. 
 
 Q. Did I not go twice with you to the President's, to 
 urge the expediency of a naval force on Lake Erie, in case 
 of war? 
 
 A. I understood so. 
 
 Q. Did I not state to the Secretary at War that 3000 men 
 would be necessary ? 
 
 A. General Hull talked of provisions and the mode of 
 supplying them, and then proposed 3000 men ; the Secre- 
 tary replied that there would not be so many ; perhaps 
 2000. 
 
 Q. Please to mention what was said and done with 
 regard to provisions. 
 
 A. I wished my brother, the contractor, to have some 
 official notice of the necessary supplies for the army, that 
 they might be prepared ; and requested the Secretary to 
 transmit some written requisition to that effect ; this the 
 Secretary declined, saying he would not. Upon this I was 
 somewhat surprised and vexed, and retired, determining 
 
( 128 ) 
 
 10 write to my brother, which I did. I left Wasliingtoil , 
 on my way home, and at New- York heard from my broth- 
 er, and wrote to the Secretary at War, who, in consequence 
 of my expostulating with him, sent on a Written requisition. 
 In consequence of adverse winds the principal part of the 
 provisions did not reach Detroit until after the war was de- 
 clared. 
 
 Captain Thomson Maxivell sworn. 
 This witness stated that he joined the North-Western 
 army as a guide and conductor of spies, at Stanton on the 
 Miami ; that he is well acquainted with the country from 
 thence towards Detroit, about 150 miles of which route is 
 a complete wilderness ; there never had been a road cut , 
 through it — it was a swamp. He said, '' I served five 
 years in the French war as a private, some years as a non- 
 commissioned officer ; six years as an ensign and lieutenant 
 in the Revolutionary war, and afterwards under General 
 Wilkinson ; and have been in 23 battles in the three wars. 
 I saw General Hull on the l5th August, and after the can- 
 nonade commenced from our battery at Detroit : not hav- 
 ing any thing to do, I went to the battery commanded by 
 Captain Anderson, to see what effect our balls had upon 
 the enemy. I saw General Hull riding on horseback, and 
 cast my eye upon his countenance ; his voice appeared cool 
 and collected ; I saw him ride off. This was towards even- 
 ing, when the batteries were opened on both sides. I saw 
 nothing like agitation. My reason for looking particuhirly 
 at tne general's countenance was, because there was a cla- 
 mour that he was intimidated." — " General Hull conducted 
 the army from Urbana with as much regularity and caution 
 as I have ever seen practised." — " I have lived thirteen 
 years iu Ohio, and have been engaged every year in droving 
 cattle and hogs from thence to Detroit market; from 1000 
 to 1500 hogs annually, from 150 to SOOlbs. weight each 
 
( 129 ) 
 
 (on a rough calculation;) and from 150 to 200 head of 
 eatde — they were generally driven through the woods with- 
 out any road." — " I am at present 72 years of age, and am 
 a forage-master in General Wilkinson's army." 
 
 The following documents were then read : 
 
 1. Interrogatories to, and answers from. Dr. Eustace, 
 Tate Secretary at War. 
 
 2. Letter from Gen. Hull, from Detroit, dated 9th 
 August, 1812. 
 
 3. Letter from do. to Gov. Meigs, dated 11th July, 
 1812. 
 
 4. Letter from do. to Col. Wells, dated 11th August, 
 1812. 
 
 5. Letter from do. to Gov. Meigs, dated 11th August, 
 1812. 
 
 6. Letter to Capt. Brush, dated 6th August, 1812. 
 
 7. Letter to Gen. Hull, from Col. Anderson, command- 
 ing the militia at River Raisin,, dated 4th August, 1812, 
 received the 12th of the same month. 
 
 8. Letter from Gerv Hull, to the Secretary at War- 
 dated 8th August, 1812. 
 
 Captain Maxwell, again called by Gen. Hull. 
 Said that he saw General Hull for the first time at Tren- 
 ton, on the 26th Dec. 1776, and at Princeton on the 2d 
 Jan. 1777; believes he was a major — and saw him again 
 after the army had been driven from Ticonderoga, and 
 while at Beemer-heights, on thvi 19th Sept. 1777 — he was 
 then in action : he saw him again on the 7th Oct. whea 
 the enemy were driven. Witness was then in Colonel 
 Hall's regiment from New-Hampshire. Witness never 
 heard his (General Hull's) character impeached during his 
 life (meaning during.the Revolutionarv War.'i 
 
 R 
 
I 1^0 ) 
 
 Lieutena)it Letvis Feckham, of the 4th Regiment U. S, 
 Infantrtf, rvas called and atvorn. 
 
 Lieutenant Peckham said that he was in the fort of De- 
 troit on the 16th August, 1812, and recollects speaking to 
 Colonel Miller, who was within a few feet of General 
 Hull, but does not recollect speaking to the general ; that 
 he told Colonel Miller he thought it would be well to spike 
 the guns of the batteries which were silenced, lest they 
 should be turned against the Fort of Detroit; that he re- 
 collects General Hull saving, " are they coming ?" but 
 does not know General Hull was informed that the enemy 
 were coming. 
 
 fThe Court adjourned imtil to-morrow at 10 o'clock. J 
 
 28ih Day- Thursday, 3d March, 1814, 
 
 The Court met pursuant to adjournment, all the members 
 being present. Colonel Bogardus excepted. 
 Lieutenant Peckham was again called, and said, *' I saw 
 General Hull frequently at Detroit, on the 15th and 16th 
 August; and on the 16th, during thetcannonade, he appear- 
 ed to me to be much agitated ; and the impression made 
 upon my mind was, that he was under the influence of 
 personal fear. He gave no orders, to my knowledge. 
 
 3Iajor Jereyniah Mwison called and sworn. 
 Major Munson, in reply to several questions put to him 
 by General Hull, said, " 1 was present at a council of war 
 held at Sandwich-General Hull read from a paper he held 
 what were considered as his views of the course proper to 
 be pursued at that time ;-the general remarked considera- 
 bly on the fall of Mackana, and on his not having received 
 any inlormation on the subject of co-operation from below ; 
 
=^there was a fortress erecting at Sandwich, I believe for 
 the protection of the inhabitants. The leading features of 
 the proposition committed to writing by General Hull, and 
 made by him to the council, were, I believe, to re-cross 
 the river with the main body of the army — to enect a for 
 tress at Brownstown— -to open the communication with 
 Ohio— and wait for reinforcements. I recollect that the 
 council were unanimous, with the exception of one or two, 
 or perhaps more, in not adopting the general's proposition. 
 General Hull stated that in his opinion Fort Maiden was 
 equal in strength to Stoney Point, when taken by General 
 Wayne; that he had no heavy artillery mounted at that 
 time ; and that his opinion was, that it might be attacked 
 ia the same way, that is, at the point of the bayonet ; and 
 appealed to the officers for their confidence in the troops 
 for such an enterprize. My own opinion was, that the 
 troops were not generally calculated for that kind of ser- 
 vice. I do not recollect the opinion of the other officers^ 
 excepting Major Tremble, who had confidence in the 
 troops under Colonel M' Arthur, and expressed himself 
 accordingly. The result of the council was, that they 
 ahoidd wait several days for heavy cannon to be mounted 
 andjplaced on floating batteries — scouring the river — open- 
 ing the communication by land, and trying the strength of 
 the enemy's works. General Hull accompanied his propo- 
 sitions with the promise to lead them on to the attack, if 
 they had confidence in their troops." 
 
 Q. (By General Hull.) Did you not see me on the 15th 
 and 16th; and did you observe me in such situations as 
 could not be accounted for otherwise than by personal fear ? 
 
 A. The general's situation was a critical one. He had 
 a great deal of responsibility, and great care on his mind 
 if he had any feelings. I saw nothing in his conduct but 
 what might be accounted for without recurring to personal 
 
( lo2 3 
 
 Examined by the Court. 
 *' I was nresent at the time when Captain Dalliby re- 
 quested leave of General Hull to fire on the enemy. The 
 general replied, " Those who live in glass houses should 
 not throw stones first;" alluding to the general's situation. 
 I heard something said about, '^' If the enemy xvould let me 
 alone, I xvould let them alone:' 
 
 Q. Did you see General Hull during the attack on the 
 fort, about the time the officers were killed? 
 
 A. I went into the fort, about 15 minutes after Doctor 
 Reynolds was wounded. I saw General Hull at that time, 
 
 as I before stated. 
 
 Q,. When you speak of General Hull's situation, do you 
 allude to what passed during the attack on the fort, or after 
 the firing had ceased? 
 
 A. I did not see General Hull until after the cannonade 
 
 had ceased. 
 
 Lieutenant Bacon again called, and examined by Gen. 
 Hull. 
 
 Said that on the 8th August he drew two days' provisions 
 in advance for the detachment under Colonel Miller; and 
 thathe drew provisions for detachments of the 4th Regi- 
 ment, by orders, sometimes general, sometimes from the 
 colonel— those orders were sometimes accompanied by di- 
 rections to have them cooked. 
 
 Colonel Kingsbury's Affidavit was taken by consent, 
 and read. (See Documents.) 
 
 Captain Samuel Dyson, Ut Artillery, sworn. 
 Captain Samuel Dyson said, I think General Hull gave 
 orders, three or four days after his arrival at Detroit, to 
 put in order, repair, and mount the heavy artillery, and 
 that he made use of all the means in his power that cir- 
 cumstances admitted of-sevcral artificers who did not be- 
 
^ ( 133 ) 
 
 iong to the army were employed in this -work. I had 
 charge, myself, of those things. In the short time al- 
 lowed every thing was done that could be done. Some of 
 the embrazures might have been repaired. I crossed the 
 river with the army and in five or six days returned and 
 took the direction of repairing guns, made a gin and the 
 rope for a fall. I do not think more could have been done 
 without more hands. The carriages (for howitzers) were 
 broke in an experiment j they had been returned unfit for 
 service a year before — we had to make new ones. Two 
 bridges over Turkey-Creek and River Aux Canards were 
 taken away by the enemy — the rivers could not be passed. 
 The road from Turkey-Creek to River Aux Canards was 
 so marshy that cannon could not be transported bv land. I 
 was at a council of war held at Sandwich in August. I 
 commanded the batteries on the 15th and 16th, and recol- 
 lect seeing General Hull pass my battery on the 16th, on 
 horseback, before day : I perceived nothing unusual in his 
 voice — this was before the cannonade. I was directed on 
 the morning of the 16th not to fire so fast, but no reason 
 was assigned. Our firing seemed to have very little ef- 
 fect ; their ground was higher than ours. I believe we dis- 
 mounted one of their pieces. 
 
 Cross-examined by the Judge Advocate. 
 Witness says that the expression, " / a)n xvUling to obey 
 any order ^'' was made use of at the time an application was 
 made by Major Jessup to General Hull for a 24 pounder 
 to take to Spring Wells. General Hull a^ed witness if it 
 could be taken down ; he replied, it is doubtful, but " lam 
 ■willing to obey any order ^"^ Witness sa^s that the enemy's 
 batteries had very little effect on the American ; that there 
 were 200 rounds each for the two 24 pounders, which were 
 intended to be taken to Maiden ; that 7 or 8 waggons were 
 loaded with ball and ammunition at the time of the surren 
 
( 134 ) 
 
 der; that at the time the enemy were erecting their batte- 
 ries, they were not disturbed ; that one of those batteries was 
 a mortar battery, and was buih under cover of a wooden 
 house ; that he, witness, was in command at Detroit from 
 1805 to 1808; that a great number of cattle and hogs were 
 driven thither from Ohio ; that the contractors got the 
 principal part of their pork by that means ; that the inhabi- 
 tants could buy cheaper than they could raise them, and 
 there was not enough raised to subsist the inhabitants ; 
 that the Canadian people were not industrious in cultiva- 
 ting their farms ; that the enemy might have been prevent- 
 ed from working at their batteries in the day time ; that 
 he supposes the ammunition would have lasted for two or 
 three days, constant firing ; that there were 56 barrels of 
 powder and plenty of ball, which were taken by order of 
 General Brock ; that he, witness, did not see Lieutenant 
 Bacon on the 16th, and he received no order from General 
 Hull not to fire unless with effect ; that he cannot say what 
 number of 24lb. cartridges there were ; there were fifty 
 rounds for each gun, of 9lb. and 12lb. of canister shot ; 
 that he does not know whether the 24lb. cartridges were 
 taken from the waggons j that he thinks there were 10© 
 rounds of 24lb. cartridges ; that the boxes of ammunition 
 which were in the waggons were not touched ; that the 
 ammunition used at the batteries was taken from a brick 
 store, where it was put, and from thence taken away as the 
 service required. 
 
 Willis Silliman was sivorn. 
 Witness says that he lives in the same township with 
 General Cass, (Zanesville, in Ohio) and corresponded with 
 General Cass during the campaign ; that he gave the first 
 intelligence to Mrs. Cass of the fate of the U. S. army, 
 and could not get the letter from her; that he is brother- 
 in-law to General Cass by marriage with his sister; that 
 
( 135 ) 
 
 he has lost the letters from General Cass to him (the wit- 
 ness ;) that one of them, the last, dated (he believes) the 
 12th August, 1812, says, " Our situation is become criti- 
 cal. If things get worse, you will have a letter from me 
 giving you a particular statement of this business — as bad 
 as you may think of our situation, it is still worse than you 
 believe — I cannot descend into particulars, for fear this 
 should fall in^ the hands of the enemy." Witness says 
 that he had another letter, he thinks of the 3d August, 
 saying, ** I wish you to exert your individual exertions to 
 hasten the march of the troops from your parts." (Ohio) 
 " Men are (or will) become necessary for (general or) of- 
 fensive operations — (witness does not know which term) 
 Provisions are (or will become) necessary for their exist- 
 ence," (or that of the troops ;) that in some letters from 
 General Cass to witness, he said " Is there nothing to be 
 done on the lakes to make a diversion in our favour ?" In 
 the same, or another, he says, " I can scarcely conceive 
 the impression made by the fall of Mackana." 
 
 Peter Mills duly sworn. 
 Says, that he is from Zanesville, in the state of Ohio ; 
 that he heard some of the letters from General Cass to Mr. 
 Silliman read ; and that they confirm the statement mad© 
 by Mr. Silliman to the court. 
 
 Daniel Conyers^ of Zanesville, sxvor?u 
 Confirms in part the statement of Mr. Mills, 
 
 Willis Silliman agairi examined. 
 
 Says that he received a letter from General Cass, from 
 
 Urbana, dated about the time General Hull took command 
 
 of the army, which letter witness was directed to bum. 
 
 It stated" General Hull has taken command of the army ,• 
 
C136 ) 
 
 and I am sorry to say to you, that, instead of having an 
 able energetic commander, we have a weak old man." 
 
 Col. Saynucl Lamed, of the 9th Regiment U.S. Infantry, 
 
 sworn. 
 
 Colonel Larned said, *' I was acquainted with General 
 
 Hull during the Revolution, and never heard of any thing 
 
 which placed him beneath any officer. His^character was 
 
 good. 
 
 f Adjourned until to-morrow at 10 o'clock. J 
 
 29th Day. Friday, 4th March, 1814. 
 
 The Court met pursuant to adjournment— all the members 
 present, excepting Colonel Bogardus. 
 General Hull read a letter, dated Fort William, on Lake 
 Superior, 19th July, 1812, from K. M'Kenzie, to Duncan 
 M'Intosh, agent to the North- Western Company. (See 
 Appendix.) 
 
 Gen. William North called and sworn. 
 Gen. North said that he was Captain and Inspector- 
 General to the army of the U. S. and aid to Baron Steu- 
 ben, and afterwards Inspector to the same army ; that Gen. 
 Hull's character in the army was that of an active mtelli- 
 gent officer ; that the witness's situation in the army gave 
 him an opportunity of knowing all the officers; and that 
 General Hull always did his duty. 
 
 Col. Robert Troup was sworn. 
 Said that he was a Lieutenant in one of the New-York 
 
(^ i5r ) 
 
 T^egimfents, having entered the army as such, aiid served 
 during the campaign of 1776 ; that in 1777 he was one of 
 Geh. Gates^s family, as aid, with the rank of Major; and 
 was with that general when he took command of the Korth- 
 "Western arniy ; that soon after this he became acquainted 
 with General Hull, then Major in a Massachirsetts regi- 
 inent commanded by Lieutenant-Colonel Brooks; that an 
 intimacy soon grew up between General Hull and the ofR- 
 CeJ-s of General Gates's family ; that it was considered th^it 
 General Hull's conduct during the campaign Was that of a 
 brave, active and intelligent officer; and he was always re- 
 ceived by the commander in chief accordingly ; that his 
 conduct in the action of the 19th Septeniber was consider- 
 ed at head-quai*ters as being very gallant; and that no offi- 
 cer Was more respected or more esteemed at that time than 
 General HulL 
 
 General Hull then iproceeded to read other documents 
 and evidence, viz. 
 
 Affidavit of Gen. Heath, of Massachusetts, dated 20th 
 Dec. 1813. 
 
 Letter to the Court from Francis Tuffts (dated Boston, 
 Feb. 3, lgl4) formerly an adjutant in the army of the U- 
 ■S. in the Revolutionary War. 
 
 Another letter, dated 3lst Jan. 1814, from Capt. Abra» 
 ham Childs, who had been under the cofnmaii<l of General 
 Hull in the Revolution. 
 
 A Letter from Adjutant-General Brooks, of tne Revd- 
 lutionairy arniy, dated Feb. 4, 1814. 
 
 A Letter dated 20th Feb. 1813, from Henry Sewall^, 
 General in Massachusetts, who also served in the Revolu 
 tionary War. 
 
 A Letter dated 15th Feb. 1813, from Col. Peters, ad- 
 dressed to Brig. Gen. Hampton, President of the CQi.irf'^ 
 ilMartral. 
 
( 1J8 ) 
 
 A Letter ivom Major Barmister, dated 17th Feb. 1813, 
 Irom Brookfield, to the same. 
 
 A Letter to the Court, from Col. M'Crackan, dated l^th 
 Feb. 1814. 
 
 A Letter from Lieutenant-Colonel Huntingdon, Adju- 
 tant-General in Connecticut. 
 
 Deposition of Col. Elijah Sandford, dated New- Haven, 
 January, 31, 1814. 
 
 Deposition of Col. Samuel Hubbell, of Bridgeport, 
 dated 20th January, 1814. 
 
 Lieutenant Lemuel C lift called by Gen. Hull and sworn. 
 
 Said that he was in the whole of the Revolutionary war, 
 and was acquainted with General Hull, who always sus- 
 tained the character of a good officer, and one of the best 
 from the state he belonged to. 
 
 Gen. James Taylor^ of Ohio, called on the part of the U.S. 
 and sxvorn. 
 General Taylor stated, " I was Quarter- Master- General 
 to the North-Western army, appointed by Gov. Meigs, 
 and confirmed by General Hull and the Secretary at War. 
 I was one of Gen. Hull's council, and recollect that the im- 
 pression made on my mind, as well as upon others to whom 
 tlie letter from the Secretary at War, dated 18th June, 
 1812, was shewn, was, that war was inevitable, and that 
 it was substantially though not formally declared. I was 
 present when General Hull conversed with Captain Chapin, 
 vrho commanded the vessel which was sent from the Ra- 
 pids to Detroit ; Chapin talked about dining with the Brit- 
 ish officers, and asked an exorbitant price for his boat : I 
 told General Hull (whom I called out) that I suspected the 
 vessel was sent there to entrap them, and advised that she 
 should not be employed, but that the effects should be sent 
 by waggons ; General Hull, however, looked to the ex- 
 
( 139 ) 
 
 pense ; and said he did not know much of Chapln, but he 
 knew him to be an American and believed him honest. 
 Chapin reduced his price from 150, to 60 dollars, and was 
 employed. I did not send my own baggage, but sent the 
 stores of the department by order ; I had some conversa- 
 tion with a Major Whipple, and others, and being in- 
 formed that the vessel need not go up on the Maiden side, 
 I was induced to believe that the danger was not so great 
 as I had supposed ; but after the baggage was put on board 
 and the army had marched, I learned that the vessel must 
 go under the walls of Maiden ; and, considering that she 
 had on board uniforms and other military stores, I then 
 entertained no doubt but she would be detained, and ex- 
 pressed my opinion fully, but not in the presence of Gene- 
 ral Hull." 
 
 Witness said that he did not believe that much was done 
 towards preparing cannon and ammunition, until after Col. 
 Miller's return from Canada, that was, about the 25th 
 July ; that, from the best information he could obtain, 
 there were at Maiden from 90 to 120 regulars, about 500 
 militia, and from 500 to 600 Indians, und that the militia 
 were continually diminishing, about 350 of whom came 
 and took protection from General Hull under his procla- 
 mation ; that he was informed and believed that the In- 
 dians became timid and were skulking about; that there 
 were several councils held, in which there were few 
 exceptions to the general opinion of the officers, that the 
 army should be marched against Maiden ; that he dis- 
 tinctly recollects that Colonel Miller said he would answer 
 for his men (the 4th) that Colonel Findley had some doubts 
 as to his ; (militia) that Colonel M' Arthur said he had no 
 doubts ; he did not like much to boast of himself or of his 
 men, but would have no objections to trying them ; Colo- 
 nel Cass's reply witness did not recollect. (These opinions 
 were given on the question whether Maiden should be at- 
 
C 14.0 ; 
 
 tacked without waiting for the heavy artillery, and in an- 
 swer CO Gc-r^eral Hull's inquiries whether the officers com-, 
 maniing corps could depend upon their men in such an at- 
 tack.) That at that time Avitness was very unweli, but, be- 
 ing at Detroit for the benefit of his health, went every day 
 in perforn^ance of his duty as quarter-master-general, and 
 heard General Hull express his anxiety to have the heavy 
 cannon prepared as fast as possible ; that Captain Stack, a 
 good officer, was employed by order of General Hull ; that 
 ■w:itnesa was authorized by Government to provide meanf= 
 adequate to the supply and transportation of the arm)', and 
 had liberty tp. dra\v» ari4 never met with any demur to the 
 payment of his bilk. 
 
 Witqeas said that the order to retreat from Canada ex- 
 cited very general and almost universal disapprobation 
 among the troops ;.. that after the orders were issued to re 
 treat from Canada,, the ofEcers, and witness in particular, 
 expostulated, with General Hull, and gtrongly urged him 
 not to r:eti?e^,, observing that the nature of his proclama- 
 tipn offering protection to thfi inhabitants, was such as would 
 materially injure any other army which might come, if 
 those inhabitants who had„come in under that proclamation 
 should be deserted ; stating that the Indians could not col- 
 lect such force as he apprehended, from die want of provi- 
 sions, nt;ce?ksary for their march through the woods; and 
 fyially urging him to suspend the exjecution, of his or<ler 
 until the nexjt day, that means might be taken to., remove 
 tlie waggons, and other public property from. Canada.; the 
 General, however, persistedin his determination, stating 
 that, from tha best information he could collect, there 
 ■were fromr5000-to 7000 Indians and 2000 Engages of the 
 I^orih- Western Company, who would probably come down 
 froni the north. He never produced or mentioned any 
 thing of M'Kenzie's letter to M'Intosh at any of the coun-> 
 (jihr. He stated that the enemy would come up from Forr 
 
^ ( 141 )• 
 
 George, whicli witness did not then believe would be tlife' 
 case, although they since have brought their forces from' 
 that quarter. General Hull i-ead^ the letter he received 
 firom General Porter, after the army had re-crossed to Mi- 
 chigan. After the flag was hoisted^ and before the capitu-^ 
 latioHj. the witness saw the Michigan militia drawn up in' 
 line, and:, us far as he could leai-n, the men werte dissatisfied' 
 and disgusted at the idea of asuiTcnder.' 
 
 Witness-says- that he sav/ the British officers come to the^ 
 fort at Detroit— he vv^as then at the gate; that General Hiill 
 was about taking them into the fort, but was advised not 
 to do s-o, and then directed them to his marquee ; that Gen. 
 Hull sent witness for Colonel Findley, whom and witness 
 he wished to act as commissioners, and' to draw up the 
 terms of capitulation ; they both replied that they did not- 
 a^ree with him as to the necessity for it,, and therefore 
 could, not act ; and tlie general expressed his sorrow that 
 they did not join him in opinion as ta the only measure that 
 <could be adopted. 
 
 Witness- says that he war, present when' General Hull re- 
 ceived information that the Indians had passed over from 
 Brownstown to Maiden, when he expressed- great regiet, 
 and was apparently much agitated. He says that he was 
 also present when information reached General Hull that 
 Golonels Gass and Miller had taken, thc' bridge at River 
 Aux Canards ; that the General was very much displeased 
 and irritated at their conduct, and said- he- was' surprised 
 that gentlemen would attack the enemy, at that tim«, when 
 he had not his heavy artillery ready, and thaf he only sens 
 them down for observation ;— and that it was at the urgent 
 solicitation of the witness and General Findley that he con 
 stnted that they mtghtretain the bridge, and at their own 
 3*sponsibility. 
 
 Witness also says that about the 9th of August he pre- 
 ssed to General Hull to allow him (the witness) to applv 
 
( u.i ) 
 
 to Governor Scott for the Kentucky quota of the 100,000 
 militia ordered by the General Govemmtnt ; stating as his 
 reasons for making the application, that, it the force Gene- 
 ral Hull expected should arrive, he virould still want men ; 
 and that Governor Scott was a revolutionary officer, and 
 would not be afraid to take upon himself the responsibility; 
 and would, (witness thought) send them; that General 
 Hull in reply said, that when the troops he had sent for 
 should arrive from Kentucky and Ohio, he would have 
 men enough ; and he declined making the application ; that 
 then witness stated to Gen. Hull, as an additional argument 
 to induce him to send for the Kentucky quota of militia, 
 that they would enable him to re-occupy Canada, keep open 
 the communication with Ohio, and resist the force that 
 might come against him from above and below. 
 
 Witness also says that he saw General Hull several 
 times on the 15th and 16th August, and cannot say that the 
 general's appearance made any impression on his mind on 
 the 15th, as indicative of personal fear ; that when wit- 
 ness saw him early in the morning of the 16th, he appear- 
 ed pensive and very low-toned : he did nothing to cheer 
 the men or keep up their spirits : his countenance was dull, 
 and his whole conduct made an impression on the mind of 
 the witness that he was not as firm as he ought to have 
 been; his position was very near the gate and towards 
 that part of the fort least exposed : — that General Hull sent 
 an order to Colonel Findley to move from the upper to the 
 lower side of the fort, without giving any directions where 
 the troops were to station themselves, or how they were 
 to act; that while witness was with him, the general was 
 informed that the British were preparing to cross, and he 
 gave no order that they should be met; that witness saw 
 the tobacco-spittle which was rubbed over his face ; and 
 that he thinks General Hull was under the influence of 
 personal fear — witness thinks that the force under Colonel 
 Bush consisted of about 300 men. 
 
■( 143 ) 
 
 Cro&s-examined by Gen. Hull. 
 
 Q. Did I not give you an order on the 14th August to 
 furnish pack-horses and provisions to the detachments un- 
 der Colonels Cass and M'Arthur? 
 
 A. You did, and it was done. 
 
 Q. Do you know whether the provisions were furnish- 
 ed : and, as Quarter-Master-General, did you not consider 
 it your duty to provide transportation for baggage, with- 
 out any farther special order from me ? 
 
 A. I thought it was my duty. 
 
 Q. Did you not advise employing Chapin's vessel to take 
 the baggage from the Rapids ? 
 
 A. The first intimation I had of sending the baggage 
 was from General Hull, who desired me to make a contract 
 with Chapin upon the most reasonable terms possible ; and 
 if he would take a reasonable price to employ him, and not 
 otherwise. 
 
 Q. Who informed you that the vessel could not go on 
 the American side ? 
 
 A. I think I understood so from Chapin. 
 
 Q. Had you not authority to supply provisions, among 
 other things ? 
 
 A. I had not ; only those articles within my department. 
 
 Q. Did I not tell you to take charge of the property at 
 Fort Hope, under cover of the cannon ? 
 
 A. You did. 
 
 Q. Did I not tell you that Col. Anderson had informed 
 me by letter that a large body of Indians was expected from 
 he Mississippi and the westward I 
 
 A. I think you did. 
 
 Q. You say that the British were in the habit of detain- 
 ing vessels : did your apprehensions on sending the vessel 
 arise from that circumstance, or from an impression that 
 the declaration of war had been actuj\lly received by the 
 British governor ? 
 
A. My apprehensions were grounded, not so much up- 
 on the knowledge of the war by the British, as upon the 
 circumstances I -nientioned ; that, as she had clothing ani 
 warlike stores, they would detain her ^under the expc eta- 
 tion of war. 
 
 ■Q. Did you see any thing exceptionable in my situation 
 on the morning of the 16th in the fort ? 
 
 A. I did not. 
 
 C Adjourned to the next day. ) 
 
 oOt'h Day. Saturday^ Sth MarcJiy 1814. 
 
 The Court met pursuant to adjournment, all the mem 
 bers bding present, including Col. Bogardus ; who appear- 
 ed and stated that he had been prevented from attending 
 {he "Court by indisposition. By consent of Gen. Hull the 
 minutes of the Court were read to him, and it was oi'dered 
 that he should-'be again admitted to his seat. 
 
 Col. Richard Piatt ^ called on the part of General Ilull^ 
 Was sworn. 
 
 Q. Were you in the Revolutionary army ; and what rank 
 did you hold ? 
 
 A. I was in it from the beginning to the end. 1 com- 
 manded a company in 1775, afnd was Brigade-Major to 
 General M'Dotigal in 1776 ; and subsequently Deputy 
 Adjutant-General and Deputy Qdarter-Master-General to 
 the main army of the United States under General Wash- 
 ington. 
 
 •Q,. Were you acquainted with me ? Do you recollect 
 ray commanding in the lines ? 
 
 A. I knew General Hull perfettly well when Captain un- 
 ilcr Colonel Webb, and in Gencr:^l M'Dougal's -brigade. 
 
( i45 ) 
 
 In 1777 I knew him as a Major — his character stood in 
 cardinal points ; intelligent, brave, active, and enterprizing. 
 — I knew him afterwards as Lieutenant-Colonel. He was 
 in irrs selected by me to command on the lines, when the 
 service required a man of the first talents : he conducted 
 himself highly to the satisfaction of the general and of eve- 
 ry one. He remained until the enemy came with a large 
 force and he was ordei"ed to retire. 
 
 Lieutenant Aaron WiWam Forbush^ 1st Artillery^ called 
 
 by General Hull^ sworn. 
 Q. Were you in the vessel that went from the Rapids to 
 Detroit ? 
 
 A. I went in the vessel from the Rapids on the 1st of 
 
 July. 
 
 Q. Did you know of any directions being given by me ^ 
 A. On the morning of the 1st of July, Doctor Edwards, 
 principal surgeon, was directed to take the chief part of the 
 hospital stores, and as many of the men most sick as the 
 vessel could carry. I was, a short time afterwards, in General 
 Hull's tent with Dr. Edwards — Captain Chapin was there ; 
 General Hull recommended him to go by the American, 
 (or western) channel. Captain Chapin did not consider 
 that there was any danger — there was no positive order. 
 Captain Chapin told the general that the (western) channel 
 was very difficult ; that the wind was fair, and as he had 
 been at Maiden the day before, he did not apprehend any 
 danger of capture. The Hunter and Charlotte were in the 
 channel ; the Hunter got under way ; when we got to the 
 pointJ, I asked the captain why he did not take the Detroit 
 side. He said that the wind was fair, it blew fresh, and 
 there was no order. There was no apprehension of danger 
 from capture entertained either by myself or by any other 
 person on boaj"d. I, for myself, did not think there could 
 be sflw^ as I had heard a few davs before of the arrival of 
 
 T 
 
(146 ) 
 
 an express from Washington in eight days ; and 1 thought 
 that the general would not have sent us, if he had known 
 that war was declared. 
 
 Cross-examined by the Judge Advocate. 
 
 Q. What capacity were you in ? 
 
 A. I was then Serjeant in the 4th Regiment of Infantry, 
 and had charge of the sick and of the hospital stores. 
 
 Q. Did the enemy permit you to go about the works at 
 Maiden ? 
 
 A. They did ; I was little restrained. 
 
 Q. Could you ascertain their force ? 
 
 A. I took every opportunity 1 could of counting them. 
 The regulars when I arrived were from 80 to 100 — from 
 250 to 300 militia, including those in the boats ; perhaps 
 500 to 350 Indians ; but it was difficult to ascertain this 
 with any precision. 
 
 Q. What number of troops arrived at Maiden ? 
 
 A. There were in the Hunter 30 regulars, and in the 
 Lady Prevoost from 30 to 40 regulars; this was about the 
 20th July ; and after the battle of Brownstown there were 
 about 300 in red coats from York. From the 20th to the 
 30th July many of the militia went to their farms and re- 
 turned, making as many as before, exclusive of those in 
 red coats — say 900 were the whole force at Maiden. At 
 the time of the battle of Brownstown there were only a 
 Serjeant and 12 men in the fort. 
 
 Q. How many crossed to the battle of Brownstown ? 
 A. About 740, regulars, militia and Indians, exclusive 
 of the Brownstown Indians. 
 
 Q. Were you at Maiden when Colonels Cass and Mil- 
 ler took the bridge at Aux Canards ; and what troops were 
 there then ? 
 
 A. I was. The troops were mostly moved out of the 
 town — there v.iis a good deal of confusion in the town. 
 
( i4r ) 
 
 moving effects. The Queen Charlotte came to the wharf 
 and took in the baggage and women ; she afterwards had 
 her topsails loose, ready to sail. 
 
 Q. What number of vessels was there when you were 
 there ? 
 
 A. The Hunter and the Queen Charlotte ; and the Lady 
 Prevoost, which was launched ten or fifteen days after I 
 arrived there. 
 
 Q. What was the state of the troops ? 
 
 A. In general they were fit for duty, and in good health. 
 
 Q. (By Gen. Hull.) What number of Indian warriors 
 did you ever count on any one day ? 
 
 A. The gi-eatest number was about 600; on the 1 5th Au- 
 gust : they were passing up, some on horseback, some on 
 foot. 
 
 Questions by the Court. 
 
 Q. Did you ever write to any American officers of the 
 force of the enemy ? 
 
 A. I did, to Captain Burton. 
 
 Q. Could the vessel have escaped if you had gone 
 through the channel on the American side ? 
 
 A. It is difiicult to answer, as the Hunter was in the 
 channel. 
 
 Colonel Solomon Rensselaer called by Gen. Hull^ and sworn, 
 
 Q. Were you in the army under General Wayne ? 
 
 A* I was Captain of dragoons in 1794 under him. 
 
 Q. Do you recollect the order of march by that army ; 
 and is the one exhibited like it ? 
 
 A. This order appears similar. 
 
 Q. Was there any other order of battle or of march ; 
 and was it not considered the best ? 
 
 A. It was, as far as I recollect. 
 
C 148 ) 
 
 Colonel yoscph Watson called hif Gen. llull^ and sworn. 
 
 Q. Were you in the Revenue Department ? 
 
 A. I was Lieutenant-Colonel in the Michigan militia, 
 Aid to the Commander in Chief of the Territory, and in 
 the Revenue Department at Detroit — I knew the Squypoga 
 packet. Captain Chapin. 
 
 Q. Was there not a channel west of Bois-blanc Island 
 for that packet ? 
 
 A. There was a channel between Gros Isle and the 
 American shore. 
 
 Q. Did you take a census in 1810; and what was the 
 number of inhabitants in Michigan ? 
 
 A. I did. There were 4762 souls, including the district 
 of Detroit, 165 souls; and that of Michilimakanac, 615. 
 
 Q. How were they situated as to local situation, and 
 their distance from Detroit ? 
 
 A. The settlements in that country are generally made 
 on the navigable waters. 
 
 Q. What number were on the River St. Clair and the 
 Huron district 
 
 A. The Huron district, consisting of the Lake and Ri- 
 ver St. Clair and Huron of the Lake, 580. 
 
 Q. What number in the District of Detroit ? 
 
 A. That district extended 15 miles northward to Milk 
 River, and southerly 22 miles, and contained, including 
 the garrison, 2227 souls. 
 
 Q. What number on the River Raisin and Erie ? 
 
 A. The district of Erie contained 1340. This was in an 
 extent from the Miami of the Lake to the southerly boun- 
 dary of the Detroit, near the River Huron of the Lake. 
 
 Q. How long have you lived at Detroit, and in the Ter- 
 ritory of Michigan ? 
 
 A. I was six years and sixteen days, to the time of the 
 surrender. 
 
C 149 ) 
 
 Q. Did you pot, in taking the census, go to every house, 
 and inquire as to the products of the country ? 
 
 A. I endeavoured, at the request of General Hull, the 
 Governor of the Territory, to get it from the heads of fa- 
 milies in the district of Detroit, and by estimate from the 
 other districts. 
 
 Q. Did the district produce sufficient for the consump- 
 tion of the inhabitants ? 
 
 A. There are great quantities of flour and whiskey 
 brought from New-York and Pennsylvania, and of cattle 
 and hogs from Ohio — these last are purchased by the in- 
 habitants for their consumption, and, in times of peace, 
 they are also purchased by British agents and carried to Mai- 
 den — the cattle and hogs were consumed by the inhabitants. 
 Q. Were you with the Michigan militia under Colonel 
 Brush, at the north-east gate of Detroit, on the morning 
 of the 16th of August? 
 
 A. 1 was. I saw General Hull there on horseback about 
 4 o'clock in the morning, before the cannonading. 
 
 Q. What number of militia had Colonel Brush under his 
 command ? 
 
 A. Probably 150. 
 
 Q. How did I appear on that morning ? 
 A. You appeared perfectly tranquil and collected. You 
 gave some orders. 
 
 Q. Did I not use every exertion for offensive and defen- 
 sive operations ? 
 
 A. No person could have been more active and indus- 
 trious, at the time of your arrival at Detroit ; and it ap- 
 peared to me that system only was wanting to give the de- 
 sired effect. 
 
 Q. Do you mean by want of system, the want of it in 
 any particular departments ? 
 
 A. There was a want of system in all the departments 
 of the army, owing to too great indulgence on the part of 
 Gjpneral Hull. 
 
( 150 ; 
 
 Q,. Did 1 »ot state before leaving Canada, that I had 
 received information of a reinforcement being on its way 
 from Fort Erie, and that I was to have no co-operation ae 
 Niagara ? 
 
 A. On the 7th Avigust General Hull told me, that he 
 contemplated leaving Canada, in consequence of reinforce- 
 ments having arrived and being on their way to the enemy, 
 and in consequence of information that Major Chambers 
 had arrived from Fort Erie with a considerable force, and 
 of their being no co-operation on the Niagara frontier. I 
 took this opportunity of mentioning to General Hull the 
 miserable and critical situation to which the inhabitants 
 would be exposed, in consequence of the evacuation, by 
 his proclamation offering protection : his reply was, that 
 of two evils he must choose the less ; and that was to con- 
 centrate his force for the defence of Detroit, and to open 
 the communication with the River Raisin. 
 
 Q. Did you not see me on the 15th August ? 
 
 A. I saw you on that day, and recollect your saying, *' The 
 British have demanded the place," and your adding, with 
 some firmness, " If they want it they must fight for it." 
 
 Questions by the Court. 
 
 Q. Were you in such a situation as to be able to ascer- 
 tain the fact of system being wanting in all the departments 
 of the army ? If so, what was it ? 
 
 A. I was with the army from the time it first crossed to 
 the 8th August, employed in issuing protection to the in- 
 habitants. I did all my business in the general's quarters 
 until within a few days before we recrossed, then I did it at 
 a small tent near his quarters. This gave me an opportu- 
 nity of knowing that the general had to enter into the mi- 
 nutiae of the different departments, and which I attributed 
 alone to want of svstem on his part — knowing the zeal and 
 integrity of the heads of the different departments, I sup- 
 
( 151 ) 
 
 posed the general interfered in the different departments 
 tmnecessarily. 
 
 Q. What number of the inhabitants of Canada received 
 protection ? 
 
 A. From the records I kept, and as nearly as I can re- 
 collect, 367, including deserters. 
 
 Q,. (By Gen. Hull.) Who was at the head of the me- 
 dical department ? 
 
 A. Dr. Forster, who was taken sick shortly after I knew 
 of his arrival at Detroit, and died. 
 
 Q. Who was at the head of the engineer department ? 
 
 A. Lieutenant Partridge, who was sick during the 
 greatest part of the time that the army was in Canada. I 
 have heard of his death also. I do not know of his doing 
 any duty. 
 
 Q. Did you not consider my interfering in the medical 
 and engineer departments as owing to the sickness of the 
 heads of those departments ? 
 
 A. I did not. I thought it was owing to a great anxiety 
 for the service which was usual with you. 
 
 Q,. As nearly as you can recollect, how many of the Ca- 
 nadians who took protection were inhabitants not attached 
 to the army ? 
 
 A. I could not state with precision — the largest propor- 
 tion were deserters from the Fort of Maiden. 
 
 Brevet-Major John Whistler^ 1st Regiment of Infantrij^ 
 called on the part of the U. S. sxvorn. 
 Major Whistler said, " I was in command at Detroit 
 when General Hull arrived with the army there in 1812; 
 Captain Dyson and I waited on the general and were ask- 
 ed for a return of, the state of the garrison as to ordnance 
 stores — I handed him one for the month of June, previous 
 to the army's crossing into Canada. I think there were 
 100 barrels of powder, said to contain lOOlbs. each ; there 
 
were also 5400 and some dozen of carMidgcs fur musqucti, 
 — there were, I think, 48 barrels in the fort on the morn- 
 ing of the 16th. I saw Captain Hull on that morning (af- 
 ter the men were killed, General Hull being near the gate) 
 take a dirty towel to fix as a flag of truce on one of the 
 boarding pikes, which I thought too dirty ; he then brought 
 out a table-cloth or a sheet, which I thought would 
 be too large, and said it should not go up, as the American 
 ensign must be lowered, and the enemy might suppose we 
 had surrendered. This passed so near General Hull that 
 he must have heard the whole of it ; he, however, said 
 nothing — Captain Barton hoisted it on one of the bastions. 
 General Hull was leaning on the side of the fort next the 
 enemy, and in a secure part except against shells. I went, 
 some days before the army re-crossed, with a Mr. Baird, 
 the deputy-contractor, to a store which held the provisions 
 of the army; and saw, and helped to count, between 200 
 and 300 barrels of flour, 48 barrels of pork, 16 or 17 bar- 
 rels of salt beef, and 20 barrels of whiskey. I kept the 
 key of the store at my quarters. I think there were a 
 couple of waggon loads taken out at different times, before 
 the surrender — there might have been more, as they could 
 get the key in my absence. There was one waggon load 
 of flour brought there before the capitulation ; the army 
 was furnished with some fresh beef from the time Mr. 
 Baird and I counted these provisions — Mr. Baird might 
 have furnished salt provisions from outside the store. Ge- 
 neral Hall, I think, told me of 800 or 900 sheep taken on 
 the Canada side, which he put under my charge — there 
 was an old ni:\n who came with them, their former keeper. 
 Some of them werct.ikea for the use of the garrison to my 
 knowledge, reports of them being made to me every night 
 — some of them were killed by tlie enemy's balls. I went 
 to Detroit in ITOT, and am generally acquainted with the 
 rnTintrv : If the provisions could have been collected with 
 
( 153 ) 
 
 the other resources of the country, the army might have 
 been subsisted for 2 months. There were large crops of 
 wheat in 1812. 
 
 Questions by the CourU 
 
 Q,. Did you see General Hull in the fort on the morning 
 of the 16th, during the cannonade? 
 
 A. I did. 
 
 Q. Did, or did not, the situation and appearance of the 
 general induce you to think at the time that he was imder 
 the influence of personal fear ^ 
 
 A. It did. 
 
 Cross-examined by General Hull. 
 
 Q. What numbers of Ohio militia were left at Detroit 
 when the army crossed into Canada ? 
 
 A. There were, I think, 68 in the fort who refused to 
 cross. I do not know how many were in the town. 
 
 Q. Do you know whether I made any exertions to have 
 the carriages for the cannon repaired ? 
 
 A. I do. I saw General Hull frequently before sun 
 up in the morning : he was active in his exertions for that; 
 purpose. 
 
 Q. If the army had been confined to the town and fort 
 of Detroit, could the resources of the country liave been 
 collected which you speak of? and, if the provisions had 
 been taken for the army, would it not have left the inhabi- 
 tants destitute ? 
 
 A. If they were confined they could not — the inhabi- 
 tants would not have suffered for two months. 
 
 Q. While you were at Detroit were there not large 
 quantities of beef and pork brought from Ohio ? 
 
 A. There were. It was not all purchased by the inha- 
 bitants — Some by Mcintosh and Patterson, Indian traders, 
 
 snd other persons on the Canada side of the river. 
 
 IT 
 
( 154 ) 
 
 The Court adjourned until Monday^ at 10 o'clock. 
 
 ZUt Day* Monday^ 7th Marchy 1814. 
 
 The Court met pursuant to adjournment, all the members 
 present. 
 Gen. Hull read the proceedings ot a council of war held 
 at Detroit on the 9th of July, 1812, and an account of the 
 quantity of the respective kinds of provisions then on hand, 
 which was admitted by the Judge Advocate, viz : 
 125,000 rations of flour, 
 70,666 do. of meat, 
 150,000 do. of candles, 
 110,000 do. of whiskey, 
 300,000 do. of soap, 
 12,800 do. of vinegar. 
 Also an order on the contractor for 2000 rations com- 
 plete for Colonel Miller's detachment, on the lOch of Au- 
 gust, 1812, out of which the detachment brought back 
 1919 rations of flour, 533 do. of meat and 896 do. of whis- 
 kev. Also an order on the contractor of the 9th of Au~ 
 gust, to issue to the detachment under Colonel Miller 600 
 rtaions of flour and pork, and 1200 do. of whiskey, to be 
 taken by Colonel M' Arthur — indorsed "delivered 413 
 lbs. of flour, 600 rations of bread, 600 ditto of meat 1200 
 do. whiskey." 
 
 Provisions on hand at Fort Detroit on the 28th July^ 1812- 
 70,000 rations of flour, 
 21,000 do. of salted meat, 
 150,000 do. of whiskey. 
 I certify that the above statement was handed to General 
 Hull by my order, containing the provisions in the con- 
 tra,ctor'8 store. 
 
( ^$5 ) 
 
 (^'^^^^ David Beard, 
 
 ^ Contractor's Agent. 
 
 General Hull stated that he had no evidence to adduce, 
 but what was by way of depositions taken out of court by 
 consent of the Judge Advocate, and therefore requested 
 time to make his defence, which he would do by Friday 
 ^:::Z':^r ^'^'^"" --dinglyadJoumea,tr 
 
 Z2dDay. Friday \\th MarcL, 1814. 
 
 The Court met pursuant to adjournment, ail the Membey^ 
 
 present. 
 General Hull appeared with his counsel, and requested 
 archer „me might be allowed him to prepare his defence 
 ^pon which the Court adjourned „ntU ^uesda^ net *^ 
 15th inst. at 10 o'clock. ' 
 
 S5dDay, Tuesday, 16th March, 1814. 
 
 The Court met pursuant to adjournment, all the Memb.r^ 
 present, 
 
 he?earundr" TT"".' ^^^ "= *^»«' -^ch 
 ti^h . T^' ^''™ *" '^'""^^'^ ">at the Court 
 
 n o'clock. '°™^''' "''*"" """^ -til to-morrow at 
 
 34M Day. Wedmi,day, \6th March, 1814. 
 The Court met purmant to adjournment, all the Memien 
 
 ter Jhi?'r' "' ,^T'" """ ""^ '^=«' » --'<i^-i 
 ftL '* ^'""=' """ '^""«='' » «ad hi, d^ 
 
C 156 ) 
 C The Court adjourned until to-morrotv at \\ o'^dock.) 
 
 35th Day, Thursday, 17th March 1814. 
 
 The Court met pursuant to adjournment, all the Members 
 
 present. 
 General Hull continued to read his defence. 
 
 ^ The Court adjourned U7itil to-morrow, at 11 o"^ clock. J 
 
 36th Day. Friday, 18th March, 1814. 
 
 The Court met pursuant to adjournment, all the 3Iembers 
 present. 
 General Hull closed his defence : whereupon the Court, 
 after deliberation, determined to hear the Special Judge 
 Advocate in replj^, which he stated he could not do before 
 Wednesday, the 23d inst. to which Isme the Court ad- 
 journed, to meet at 1 1 o'clock. 
 
 37th Day. Wednesday, 23d 3Iarch, 1814. 
 
 The Court met pursuant to adjournment, when the Spe- 
 cial Judge Advocate delivered a speech of consid ■rnble 
 length, in application of the evidence on the part of the pro- 
 secution, after which the Court adjourned until to-moro\v 
 at 10 o'clock. 
 
 32th Day. Thursday, 24M March, 1814. 
 
 The Court met pursuant to adjournment and had all the 
 proceedings read. A question had previously arisen, 
 whether the doors should be closed. It was determined 
 that the citizens might be present. 
 
 fFor the Charges against Gen. Hull, and the further pro- 
 ctedmgs of the Court, see the Jolloiving Appendices., 
 
APPENDIX. 
 
 Tlie United States of America^ 
 
 a^iainst 
 
 Brigadier General William Hull 
 
 ] 
 
 Gharges exhibited against Brigadier- General "WILLIAM HULLj 
 
 of the Army of the United Stales, by order of the Secretary of 
 
 War, viz,— 
 
 L CHARGE. 
 
 TREASON against the United States, between the ninth of 
 April and the seventeenth of August, one thcusaud eight hun- 
 dred and twelve. 
 
 FIRST SPECIFICATION-. 
 
 In this — That on the first day of July, in the year one thou- 
 sand eight hundred and twelve, before that time and ever since, 
 an open and public war was and is yet carried on and prosecuted 
 by and between the United States of America and their territo- 
 ries, and the United Kingdom of Great Britain and Ireland and 
 the dependencies thereof: And that "William Hull, a brigadier- 
 general in the army of the United States, a citizen of the said 
 United States, owin^ allegiance to the said United States, and 
 late commander of the north-western army of the said United 
 States, well knowing the premises, and traitorously and unlaw- 
 fully designing and contriving to send and convey intelligence to 
 the said enemies of the said United States, touching a declara* 
 tionofwar by the said United States against the said United 
 Kingdom of Great Britain and Ireland and the dependencies 
 thereof, and also touching the expedition on which the said north, 
 western army, under his command as aforesaid, was employed ; 
 and also touching the numbers, state and condition of the said 
 north-western army, in prosecution of the said traitorous and 
 unlawful design, on the said first day of July, in the year afore- 
 said, at the Rapids of the river Miami of the Lake, in the Ter- 
 litory of Michigan, (the said William Hull then and there being 
 a brigadier-general in the army of the United States, and being 
 then and there the commander of the said north-western army 
 J!vs aforesaid,) did traitorously hire, or cause to be hired, an un- 
 armed vessel, with the pretended purpose of transporting therein 
 certain sick soldiers, and the principal part of the hospital 
 stores belonging to the said north-western array, from the said 
 Rapids of the liver Miami of the Lake to Detroit, in the said 
 territory of Michigan, but in truth traitorously contriving and 
 intending, tllat the said unarmed vessel, together with all per- 
 9©D8j papers and things put on board thereof, should be capture* 
 
hj the enemies of iTie said United States, on the passage •ftE6 
 said unarmed vessel from the said llajjids of (he Miami of the 
 Lake to Detroit aforesaid, in the territory of Michigan afore 
 said : And that the said William Hull, in the further prosecution 
 of his said traitorous nud unlawful design and contrivance, (being 
 thou and there a [)ri!?;adier-geueral in (he army of the United 
 States as aforesaid, and beiii;; then and there commander of the 
 said north-western army as aforesaid) did then and there trai- 
 tnroiisly put, or traitorously eause to be put o.i board of the said 
 Ttiu armed "vessel, a trunk c'ontaiuing, (anions^ other things.) the 
 official eorrespondencc of tlie secretary for the department of 
 war and the said hriiradler-v^encral William Hull, as well touch- 
 wc; the expedition on which the said north-western army under 
 5iis' con-ma? (1 was, as aforesaid, then employed, as toucluna; a 
 doclaration of war. by the said United States, against the said 
 Uniied Kins^dom of Great Britain and Ireland, and the depen- 
 dencies thereof, and also certain oflicial muster-roiis, reports, 
 and returns of tiic nuniijer?., state and eondiLion of the said uorth- 
 ivesteru army, under his command as aforesaid : And that after- 
 wards, to wit, on (lie second day of July, in t!je year aforesaid, 
 the *aid unarmed vessel, so as aforesaid traitorously hired, or 
 caused to be hired, by the said brigadier-general William Hull- 
 on its passage from the rapids of the Miami of the lake to Detroi' 
 afo"csaid. was captured by the said enemies of the United States, 
 having on board thereof,at the time of the capture, the said trunk 
 f,onlan;ing the said correspondence, as well touching the said ex- 
 pedition as the said declaration of w ar. and tlie said oHicial muster- 
 rolls, reports and returns of the numbers, state and condition of 
 the said north-western army, (together with certain sick soldiers, 
 ,aiul the principal part of the t;ospi(al stores belont-ing to (he said 
 jiorth-western aimv): And that by means of the said capture, 
 and in fultihneut of the said traitorous and unlawful design, con- 
 Irivance and intendment of the said IJrigadier General William 
 Hull, the said correspondence, as well touching the said expe- 
 dition as touching the said declaration of war and the said olK- 
 cial muster rolls, reports and returns of the number, state and 
 condition of the said norlh-wcstern army, (together with certain 
 sick soldiers, and the principal part of the liospital stores of the 
 said north-western army) came to the possession, knowledge 
 and use of the enemies of the said United Slates, giving infor- 
 mation and intelligence to tlie enemies of the said United States, 
 as well touching the said expedition, as touching the said dec- 
 laration of war, and, also, toueliing the numbers, state and con- 
 di ion of the said north-western army of the said United Stales, 
 then and there under the command of the said JLJrigadier General 
 William Hull as aforesaid : Whereby tlie said William Hull, 
 on the said fnht day of July, in the year aforesaid, at the Itapids 
 of the river Miami' of the Lake aforesaid, in llie territory of Mi 
 ehigan aforesaid, (lieing then and there a brigadier-general in 
 the army of the United' Slates, aud being then and there com 
 
iuander of the said northwestern army as aforesaid, and h%'m<' 
 then and there a citizen of the said United States, o\vin£- alle^ 
 glance to the said United States,) did then and there traitorously 
 and unlawfully hold correspondence with, and give intelligence 
 to, the enemy, and did then and there traitorously, hy the means 
 aforesaid, adhere t» the enemies of the said United States, giving 
 tJiemaid and comfort. 
 
 SECOND SPECIFICATION. 
 
 And also in this : That afterwards, and during the said war, 
 so as aforesaid carried on and prosecuted by and between the 
 ■said United States of America and their territories, and the said 
 United Kingdom of Great Britain and Ireland and the depen- 
 dencies thereof, the said north-western army of the said United 
 States, under the command of the said brigadier-general Wil- 
 liam Hull as aforesaid, having entered the British province of 
 Upper Canada, and having established a military post at or near 
 Sandwich, in the said British province of Upper Canada, which 
 it was the duty of the said brigadier-general William Hull tu 
 maintain, in order that the said war mijiiht and should be advan- 
 tageously carried on and prosecuted, in behalf of the said United 
 States, and more especially that a certain British fort called 
 Maiden, otherwise called Amherstberg, m the said British pro- 
 vince of Upper Canada, occupied by the enemies of the said 
 United States, might and should be advantageously attacked and 
 taken, by the said north-western army of the said United States, 
 under the command of the said brigadier-general William Hull, 
 as aforesaid : Yet the said William Hull, (a brigadier-general in 
 the army of the said United States, a citizen of the said United 
 States, owing allegiance to the said United States, and comman- 
 tier of the said north-western army of the said United States as 
 aforesaid,) v»eli knowing the premises, on the eighth day of Au- 
 gust, in tlie year one thousand eight hundred and twelve, at Sand- 
 wich aforesaid, in the British province of Upper Canada afore- 
 said, did then and there traitorously and unlawfully conspire and 
 combine with certain enemies of the said United States, (whose 
 names are unknown,) to quit and abandon, to the enemies of the 
 aaid United States, the said military post, established by the said 
 north western array of <he said United Stales, at or near Sand- 
 wich aforesaid, in the British province of Upper Canada afore- 
 said, and to prevent the said British fort called Maiden, other- 
 wise called Amherstberg, from being attacked and reduced, or au 
 attempt being made to reduce the same, by the said north-wes- 
 tern army of the said United States, under the eoiumand of (he 
 said brigadier-general William Hull as aforesaid : And that the 
 said brigadier-general William Hull, (tiien and there being a 
 brigadier-general in the army of the said United Stales, then and 
 there being commander of the said north-western army of the 
 .^jiid United Statesj and the?) and there being a citizen of the sai''' 
 
United States, owing allegiance to the said United States,) in 
 prosecution of the said traitorous conspiracy and combination, did 
 then and there traitorously quit and abandon, and did then and 
 there traitorously cause to be quitted and abandoned, the said 
 military post, established by the said north-western army of the 
 said United States as aforesaid, at or near Sandwich aforesaid, 
 in the British province of Upper Canada aforesaid, and did then 
 and there traitorously nea;leet and nmit to make the proper prepa- 
 raliiins for attacking; and reducing, or attempting to reduce the 
 said British fort called Maiden, otherwise called Amherstberg, 
 aud did then and there traitorously prevent the said British fort 
 called Maiden, otherwise called Amherstberg, from being at- 
 tacked aud reduced, or an attempt being made to reduce the same, 
 iby the said north-western army ©f the said United States, then 
 and tliere under his command as aforesaid : And in further pro- 
 iiecution of tlie said traitorous conspiracy and combination, did 
 then and there traitorously march, withdraw and remove, and 
 traitorously order to be marched, withdrawn and removed, the 
 said north-western army of the said United States, from the said 
 military post, established by the said north-western army of the 
 said United States at or near Sandwich aforesaid, to a place 
 out of the said British province of Upper Canada, to wit, to De- 
 troit aforesaid, in the territory of Michigan aforesaid : Where- 
 by the said William Hull, on the eighth day of August, in the 
 year one thousand eight hundred and twelve aforesaid, at Sand- 
 "»vich aforesaid, in the said British province of Upper Canada, 
 (being then and there a brigadier-general in the army of the said 
 United States and being then and tliere commander of the said 
 north-western army of the said United States, and being then and 
 there a citizen of the said United States, owing allegiance to (he 
 said United States.) did thea and there traitorously conspire 
 combine and hold correspondence with the enemies of the said, 
 United States, aud did then and there traitorously and shame- 
 fully quit and abandon, and traitorously and shamefully cause 
 ip be (juittcd and abandoned, the said snilitary post, so as afore- 
 said established by the said north-western army of the said Uni- 
 ted States, at or near Sandwich aforesaid, in the said British 
 province of Upper Canada aforesaid, and did tlien and there 
 traitorously neglect and omit to make the proper preparations 
 i'or attacking and reducing or atteniptiug to reduce, the said fort 
 j-alled MaUlcn, otherwise called Amherstberg, in the said pro- 
 Tiiiec of Upper Canada aforesaid, and did then and there trai- 
 iorniisly prevent the saul British fort called Maiden, otherwise 
 r-allcd Amhcrslbcrc;. in the said British province of Upper Canada, 
 from being attacked and reduced, or an attempt being made t» 
 reduce the sam;', by the said northwestern army of the said Uni- 
 ted Slates, nnder his command as aforesaid, and by the means 
 . (foresaid did then and there traitorously adhere to the cncmic!' 
 uf^aid Ujaitcd Stales, giving thcjp aid aud cqQifort, 
 
 i 
 
THIRD SPECIFICATIOX. 
 
 And, also, in this: That afterwards, and during the said war 
 so as aforesaid carried on and prosecuted by and between the said 
 United States of America and their territories, and the said 
 United Kingdom of Great Britain and Ireland and the depen- 
 dencies thereof, to wit, on the sixteenth day of Aus^ust, one thou- 
 sand eis;ht hundred and twelve, aforesaid, at Detroit aforesaid, 
 in the Michigan territory aforesaid, the said William Hull was 
 then and there a citizen of the said United States, owing alle- 
 giance to the said United States, and was then and there a brig- 
 adier-general in the army of the said United States, atid was 
 then and there commander of the north-western army of the said 
 United States, and was then and there commander of a certain 
 fort called Fort Detroit, belonging to the said United States, erec- 
 ted at and near the town of Detroit, upon a bank of the river De- 
 troit, in the said territory of Michigan, the works whereof, and 
 the guns and gun carriages belonging thereto, then were, and long 
 before had been, decayed, dilapidated and out of repair: x\nd the 
 said B. Gen Wm. Hull then and there did traitorously conspire and 
 combine with certain enemies of the said United States (whose 
 names are unknown) then and there traitorously and shamefully 
 to surrender and abandon to the enemies of the said United States 
 the said fort called Fort Detroit, belonging to the said United 
 States as aforesaid, and then and there under the command of the 
 said Brigadier General William Hull as aforesaid, with al^he 
 troops, regulars as well as militia, then and there under the Mvi^ 
 mand of the said brigadier-General Wm. Hull as aforesaid, and all 
 the public stores and arms, and all public documents, including 
 every thing else of a public nature appertaining to the said fort 
 called Fort Detroit, and to the said north-western army of the 
 said United States, under the command of the said Brigadier 
 General William Hull as aforesaid : And that in prosecution of 
 the said traitorous conspiracy and combination, the said Briga- 
 dier-General William Hull did then and there wilfully and trai- 
 torously neglect and omit to repair and strengthen the works of 
 the fort called Fort Detroit, then and there under his command 
 as aforesaid, and to put the same (together with the said guns 
 and guii-carriages belonging thereto) into a proper state and con- 
 dition for resistance and defence against the approaches, attacks 
 and assaults of the enemies of the said United States; and did 
 then and there wilfully and traitorously neglect and omit to for- 
 tify the places and passes at and near to the said fort called Forf 
 Detroit, by and through which the troops of the enemies of the 
 said United States might then and there reasonably be expected 
 to approach, and did approach, the said fort calledFort Detroit, 
 for the purpose of attacking and subduing the same ; and did then 
 and there traitorously neglect and omit to oppose, resist and re- 
 pel, and defeat, and to attempt to repel and defeat, the troops of 
 the enemies of the said United States, in their hostile prepara- 
 tions and approach to and towards (he said fort called Fort J)f;.\ 
 
6 
 
 Irolt, for the purpose of attacking ami subjiuing-the saiae : And 
 that iu the further prosecution and completion of the said traitor- 
 ous conspiracy and combination, the said brigadier-2:eneral Wil- 
 liam Hull did then and there traitorously and shamefully aban- 
 don and surrender the said fort called Fort Detroit, then and there 
 under his command as aforesaid (which it was his duty then and 
 there to maintain and defend) together with all the troops, as 
 well regulars as militia, then and there in the said fort called 
 Fort Detroit, then and there belonging to the said 13 nited States 
 as aforesaid, and then Jind there under his command as aforesaid, 
 and all the public stores and arms, and public documents, inclu- 
 ding every thing else of a public nature, in and appertainiuj; to 
 the said fort called fort Detroit, and to the said north-western 
 army of the said United States, then and there under his com- 
 mand as aforesaid, unto the enemies of the said United States, to 
 tvit, to the British forces then and there under tlie comuiand of 
 anajor-general Brock: Whereby the said William Hull, on the 
 said sixteenth day of August, in the year one thousand eight hun- 
 dred and twelve aforesaid, at Detroit aforesaid, in the territory 
 ©f Michigan aforesaid, (l)eing then and there a citizen of the said 
 United States, owing allegiance to the said United States, and 
 being then and there a brigadier-sjeneral in the army of the said 
 United States, and being then and there commander of the said 
 north-wesleru army of the said United States, and being then and 
 there commander of the fort called Fort Detroit, belonging to 
 thfi(iC^nited States as aforesaid,) did then and there traitorously 
 sRi#shamefully abandon and surrender the said fort called Fort 
 Detroit, to the enemies of the said United Stales, to wit, to the 
 said British troops under the command of major-general Brock 
 as aforesaid, and did then and there, by the means aforesaid, 
 t raitorously adhere to the enemies of the said United States, giv- 
 ing them aid and comfort. 
 
 t II. CIIARGi:. 
 
 COWARDICE, at and in the nciglibourhood of Detroit, be- 
 tween the first day of July and the seventeenth day of August., 
 in the year one thousand eight hundred and twelve. 
 FIHST SPECIFIC ATIOX. 
 
 In this — That during the said war so as aforesaid carried on 
 an«l pioseeuted by and between the said United Stales of Amer- 
 ica an<! tlieir territories, and the said United Kingdom of Great 
 Britain and Ireland and the dependencies thereof, the said Brig- 
 adier-CIeiicral William Hull then coinmanding the north-western 
 ;ii-my of the said United States as a!';>resaid, having entered the 
 said'iiritish [trovinee orU])per i.'anada. in prosecution of tlie said 
 •war on behalT of Ihii said United States, and being there in pos- 
 session of the tov.n of Sajulwieh and the adjacent country, in iUf" 
 name and oo beliali' oftliv Unilo'd StiUes.'iind having declared 
 
an<l avowed the oljject and iutention of attackiiig and siiljduiiig 
 the British fort called Maiden, otherwise called Amherstberg, in 
 the said British province of Upper Canada, and generally, of 
 maintaining and enlarging his position and possession in the said 
 British province of Upper Canada, on the eight day of August, 
 in the year one thousand eight hundred and twelve, at Sandwich, 
 aforesaid, in the British province of Upper Canada aforesaid, 
 did then and there misbehave himself before the enemy, ami 
 shamefully manifest an undue fear and apprehension of danger, 
 by a course of conduct and conversation evincing personal alarm, 
 agitation of mind and privation of judginent ; by abandoning the 
 said object and design of attacking the said British fort called 
 Maiden, otherwise called Amherstberg, by quitting the position 
 and possession taken at the town of Sandwich and in the adjacent 
 country, in the said British province of Upper Canada as afore- 
 said, and by rt^treating abruptly from and out of the said British 
 province of Upper Canada, to Detroit, in the territory of Michi- 
 gan aforesaid, without any cause for so doing arising from the 
 superior numbers, state and condition of the British forces which. 
 were then and there opposed to the said army of the United 
 States, under the command of the said Brigadier General Wil- 
 liam Hull, and without any other just and sufficient cause what- 
 soever : Whereby the officers and soldiers of the said north- 
 western army of the said United States, then and there under the 
 eommand of the said Brigadier-General William Hull, were in° 
 duced to lose, and did lose, all confidence in the persornal courage 
 and the military capacity of the said commander ; the inhabi- 
 tants of the said British province of Upper Canada were taught 
 to distrust the power and professions of the invading general; a 
 shade was cast upon the reputation of the American arms, and 
 th<5 service of the said United States, in the prosecution of the 
 ?aid war, suffered great detriment and disadvantage. 
 
 SECOND SPECIFICATION. 
 
 And, also, in this : That during the said war as aforesaid 
 carried on and prosecuted by and between the said United States 
 of America and their territories, and tht- said United Kingdom 
 of Great Britain and Ireland and the dependencies thereof, to 
 wit, on the fifteenth day of x^ugust, one titousnnd eight hundred 
 and twelve aforesaid, the enemy having raised certain batteries 
 on the bank of the said river Detroit, in the said British provincB 
 of Upper Canada, opposite to the said Fort Detroit, and certain 
 American posts and batteries established and erected near to the 
 said Fort Detroit, in the said territory of Michigan, and a can- 
 nonade being commenced from tlie said batteries of the enemy 
 against and upon the said Fort of Detroit, and the said Americau 
 posts and batteries established and erected near thereto, in the 
 said territory of Michigan, the said Brigadier-General Williani 
 Hull, on the said fifteenth day of August, in the year one thousand 
 "ight hundred and twelve aforesaid, at Detroit aforesaid, iu th' 
 
*en-ifory iofMielugan aforesaid, (being then and there commami' 
 er of the said fort called Fort Detroit, and of the said American 
 posts and batteries established and erected near thereto, in the 
 said territory of Michigan, and being then and there commander 
 of the said north-western army of the said United States) did 
 then and there, during the continuance of the cannonade afore- 
 said, sliamefiilly misbehave himself before the enemy, and man- 
 ifest great fear and apprehension of personal dansier, by a course 
 of conduct and conversation evincing personal alarm, agitation, 
 of mind and privation of judgment : and particularly by various 
 timid and cowardly actions and expressions, then and there used 
 and uttered, in the pi-esencc of the officers and soldiers then and 
 there belongina: to (he said north western army of the said United 
 States, then and there nnder his command as aforesaid, as well in 
 a public street of the town of Detroit, as in places adjacent to the 
 said fort of Detroit, and the said posts and batteries established 
 and erected near thereto, in the said territory of Michigan : 
 Whereby a fatal encouragement was afforded for the hostile en- 
 terprizes of the enemy; a pernicious example (calculated to in- 
 timidate and to disorganize) was given to the American troops, 
 and the service of the United States, in the prosecution of the 
 said war, was exposed to hazard, shame and disappointment. 
 THIRD SPECIFICATION. 
 
 And, also, in this : That during (he said war carried on and 
 prosecuted by and between the said United States of America 
 and their territories, and the said United Kingdom of Great Bri- 
 tain and Ireland and the dependencies thereof, to wit, on the 
 sixteenth day of August, in the year one thousand eight hundred 
 and twelve, aforesaid, the British forces under the command of 
 Major General Brock, having crossed the said river Detroit. 
 Iiaving landed at a place called Spring Wells, otherwise called 
 Spring Hill, in the said territory of Michigan, and having thence 
 marched towards the said fort of Detroit with the design to at- 
 tack the said Brigadier General Hull, on the said sixteenth da} 
 of August, in the year one thousand eight hundred and twelve, 
 aforesaid, in the said territory of Michigan, aforesaid, being theu 
 and (here commander of the said Fort of Detroit, and being then 
 and there commander of the said North WesJeiu array of the said 
 United States, did then and there during all the time of the ene- 
 my's crossing the said river Detroit us aforesaid, landing at the 
 said Spring Wells, otherwise called Spring Hill, as aforesaid, 
 and marching towards the said Fort Detroit as aforesaid, with 
 the design to attack the same as aforesaid, shameful'y misbe- 
 have himself before the enemy, and manifest great fear and ap- 
 jjrehension of personal danger, by various timid and cowardly 
 actions and expressions, then and there uttered and used, in the 
 prpsence of tlif officers and soldiers belonging to the said north- 
 western army of the said United States, then and there under his 
 command as aforesuid j by avoiding all personal danger, fron* 
 
5J 
 
 snaking n© atleaipt to prevent the enemy's crossing tlie said river 
 Detroit, and. lauding at the said Spring Wells, otherwise called 
 Spring Hill ; by avoiding all personal danger from reeonoiter- 
 ing and encountering the enemy in battle, on the said march of 
 the enemy towards the said fort of Detroit; by hastily sending 
 flags of truce to the enemy, with overtures for a capitulation ; 
 by anxiously withdrawing his person from the American troops, 
 in the open field, to a place of comparative safety, within the 
 walls of the said Fort Detroit; by aii irresolute fluctuation of or- 
 ders, sometimes inconsistent with each other, and sometimes inco- 
 herent in themselves ; by forbidding the American artillery to fire 
 on t"he enemy, on the said march of the enemy towards the said Fort 
 Detroit ; by calling the American troops from the field, and crow- 
 ding them into the said Fort Detroit while the enemy was on the 
 said march towards the said Fort Detroit : by a precipitate decla- 
 ration to the enemy that he surrendered the said Fort Detroit, and 
 the said north-western army of the said United States, before terms 
 of capitulation were signed or coiisidered, or even suggested ; 
 and, generally, by a course of conduct and conversation evincing 
 personal fear, agitation of mind and privation of judgment: 
 "Whereby the said Fort of Detroit, and the said north-westera 
 army of the said United States, tlK?n and there under the com- 
 mand ©f the said Brigadier-General William Hull, were then 
 and there rendered an easy and certain conquest to the approach- 
 ing enemy; the officers and soldiers of a gallant army (compel- 
 led by the obligations of military law to obey the orders of their 
 commander) were exposed to unmerited mortification and re- 
 proach; and the service of the said United States, in the prose- 
 cution of the said war, suffered great detriment and discredit. 
 
 FOURTH SPECIFICATION; 
 
 And, also, in this : That during the said war so as aforesaid 
 Carried on and prosecuted by and between the said United States 
 of America and their territories, and the said United Kingdom of 
 Great Britain and Ireland and the dependencies thereof, to wit, 
 on the sixteenth day of August, in the year one thousand eight 
 hundred and twelve aforesaid, at Detroit aforesaid, in the terri- 
 tory of Michigan aforesaid, the said Fort Detroit being then and 
 there well garrisoned and supplied with cannon, ammunition and 
 provisions, the said north-western army of the said United States, 
 beiijg then and there well supplied with arms, ammunition and. 
 provisions, and the officers and soldiers thereof being then and 
 there in high spirits, and eager to meet and encounter the ap- 
 proaching enemy in battle, and a fine train of artillery being then 
 and there subject to the ordt s and disposal of the said brigadier- 
 general William Hull, for the purpose of defence or attack, yet 
 tiie said brigadier-general William Hull, then and there being 
 commander of the said fort of Detroit, and of the said north-west- 
 firn army of the said United States,) acting ^ipoa the impulse of 
 
40 
 
 piirsoual fear and appreliension, and conteiiiii)lating as the iiieaL'3 
 of personal safety, '.\ shameful ahandoument and surrender of the 
 said Fort Detroit, and of the said north-western army of the said 
 United States, nnder his command as aforesaid, to the approach- 
 ing enemy, did then and there shamefully misbehave himself be- 
 fore the enemy, and did then and there enter into a disgraceful 
 Capitulation with the enemy, containing no condolatory stipula- 
 tion, that the said garrison and army should march out of the said 
 fort of Detroit with the honors of war. no Just and humane stipu- 
 lation for the security and protection of such of tlte inhabitants of 
 the said British province of Upper Canada, as had accepted the 
 said brigadier-general William HulPs invitation to join' the 
 American standard, nor any reasonable stipulation for an oppor- 
 tunity of reporting to the 'secretary for the department of war, 
 the circumstances of so unexpected and so important an event; 
 and did then and there shamefully abandon, surrender and o-ive 
 up the ssiid fort of Detroit, together with ail the troops, regulars 
 as w ell as militia, then and there under his command as aforesaid, 
 and all the pubiic stores, arms, and all public documents, iuclu- 
 din> any thiaojelse of a public nature belonging to the said fort of 
 Derroit* and To the said north-western army of the said United 
 States, then and there under his command as aforesaid, to the 
 said approaching enemv, to wit. to the British troops under the 
 command of major-general Creek, with Jut any cause for so doing, 
 arising from the superior numbers, state and condition of the 
 said British forces, or from the actual want, or just expectation 
 of sudden want of arms, ammunition and provisions for the said 
 Fort Detroit and the said north western army of the said United 
 States, and without any other adequate cause whatsoever: 
 AVhereby the territorial sovereignty, rights and property of the 
 said United States were shamefully ceded to the enemy, a brave 
 and patriotic army was wantonly sacrificed by the personal fears 
 of the commander, and the service of the said United States, m 
 the prosecution of the said war, suffered a great and afflicting 
 loss. 
 
 III. CHARGE. 
 
 NKGLECT OF DUTY, and UNOFFICICU-LIKE CON 
 
 DUCT, while commanding a separate army, between the ninth 
 of April and the seventeenth 6f August, in the year one thousand 
 eight hundred and twelve. 
 
 riRST SPECIFICATION. 
 In this • That before and during vhe said w.ir, carried on ani^ 
 prosecuted »s aforesaid by and between the said United States ol 
 America and their territories, and the said Cnited kingdom oj 
 fJreot Britain and Ireland and the dependencies lhereol,the sait 
 Brig. General William Hnli being duly appointed to commam' 
 'hc'uorth-wcsteru army of Ihc said Uuilcd Stales, diductuallv 
 
11 
 
 take and assume the command of the said north-western army on 
 or about the twenty-fifth day of May, in the year one thousand 
 eight hundred and twelve, at or near Dayton, in the state of 
 Ohio, and did thenee constantly continue in the aetualy command 
 of the said army, as well on the march from Dayton aforesaid, to 
 Detroit, in the territory of Michigan, and at Detroit aforesaid, 
 as in the British province of Upper Canada, until his capitula- 
 tion with the enemy, and the consequent surrender of Fort De- 
 troit, in the said Michigan territory, .vilh all the troops, regulars 
 as well as militia, under his command, to the Britidi forces under 
 the command of Major-General Brock, to wit, atWetroit afore- 
 said, in the territory of Michigan aforesaid, on the sixteenth day 
 of August in the year one thousand eight hundred and twelve 
 aforesaid; And that the said Brigadier General William Hull, 
 unmindful of the important trust reposed in him, during all the 
 time aforesaid, and as well on the march of the said army from 
 Dayton aforesaid to Detroit aforesaid, and at Detroit aforesaid, 
 as in the British province of Upper Canada aforesaid, was guilty 
 of neglect of duty, and of HnoffVcer-like conduct, by neglecting 
 and omitting, with sufficient care and frequency to inspect, traiu, 
 exercise, review and order; and to cause to be inspected, trained, 
 reviewed and ordered, the said army under his command as afore- 
 said ; and also by neglecting and omittiug, in due form and time, 
 to prepare an order of battle, and make the same known to the 
 said army, on the march from Dayton aforesaid to Detroit afore- 
 said, in the Michigan territory aforesaid : Whereby the discipline 
 of the troops under the command of the said Brigadier-General 
 William Hull as aforesaid, was in danger of being relaxed, their 
 comfort was liable to be impaired, their confidence in the military, 
 skill and dispositions of their commander was diminished, and 
 the said army was exposed to the hazard of disorder and defeat, 
 Jq the event of an attack being made thereon by the enemy. 
 
 SECOND SPECIFICATION'. 
 And, als3, in this t That during the said war, so as aforesaid 
 i^arried on and prosecuted, by and between the said United States 
 of America and their territories, and the said United Kingdom of 
 Great Britain and Ireland and the dependencies thereof, to wit, 
 on or about the first day of July, in the year one thousand eight 
 hundred and twelve aforesaid, at the Rapids of the river Miami, 
 in the territory of Michigan, the said Brigadier-General William 
 Hull, then and there commanding the said north-western army 
 of the said United States, on the march thereof from Dayton, iu 
 ihe state of Ohio, to Detroit aforesaid, in the territory of Michigan 
 aforesaid, and then and there having sufficient cause to know or 
 xo believe that war then existed between the said United States 
 and their territories and the said United Kingdom of Great Bri- 
 tain and the dependencies thereof, was guilty of neglect of duty 
 find nnofficer-like conduct, by then and there hiring, or causing to 
 be hired, an unarmed vass'^l, and putting, or causing to be put qiv. 
 
IS 
 
 board thereof, to he transported by water passage from the said 
 Kapids of the Miami of the Lake to Detroit aforesaid (the said 
 Brigadier-General William Hull having sufficient cause to know 
 or to believe the imminent danger of capture by the enemy, to 
 ■which the said unarmed vessel, on the passage aforesaid, would 
 he exposed) certain sick soldiers, and a great part of the hos- 
 pital stores belonging to the said army, together with a trunk 
 Containing, (among other things,) the papers herein after men- 
 tioned, which it was the duty of the said Brig. Gen. William 
 Hull most c^l^illy to keep and preserve, from the view anal 
 kiursvledge oUprenemy, that is to say, the official correspondence 
 of the Secretary of the Department' (»f War and the said Brig. 
 Gen. William Hull, as well touching the expedition on which the 
 •said north-western army, under his command as aforesaid, was 
 then employed, as touching a declaration of war by the said 
 United States of Anieiica against the said Uiiited Kingdom 
 of Great Britain and Ireland and the dependencies thereof, and 
 also certain official muster-rolls, reports, and returns of the num- 
 bers, state and condition of the said army under his command as 
 aforesaid ; and the said unarmed vessel, on the passage aforesaid, 
 from the said Rapids of the river Miami of the lake towards 
 Detroit aforesaid, afterwards, to wit, on or about the second day 
 of July, in the year one thousand eight hundred and twelve afore- 
 said, was captured by the enemy, having on board thereof, at thn 
 time of such capture, the said' sick soldiers, the said hospital 
 stores, and ihe said trunk containing the said official correspon 
 deuce, and also the said muster rolls, reports and returns of the 
 numbers, state and condition of the said army : Whereby the 
 said sick soldiers were made prisoners of war; the said hospital 
 stores were lost the said United States ; and the said official cor- 
 respondence, and the said muster rolls, reports and returns of the 
 numbers, state and condition of the said army came to the pos- 
 session, knowledge and use of the enemies of the said United 
 States, to the great injury of the said United Slates. 
 TIIIR!) SPECIFICATION. 
 
 And, also, in this : That during the said war carried on ."nd 
 prosecuted by and between the said United Stales of America and 
 their t<'rritories, and the said United Kingdom of Great Britain 
 and Ireland and the dependencies thereof, the said Brigadier- 
 (General William Hull, having arrived with the said north-west- 
 ern army ofthe said United States, under his command as afore- 
 said. a( Detroit, In the territory of Michigan, on the sevcnlh day 
 of. Inly, ill the year one thousand eight hundred and twelve afore- 
 ^aid, and having the possession and eommaiul of the said Fort of 
 Dt'troit from ihat time constantly until the abandonment and sur- 
 render ther.'ol'fo the British forces under the command of i\Ia- 
 ■(or-Gftucral I'rciek.on the sixteenth day of August, one thousand 
 right hundred and twelve aforesaid, and finding upon his said ar- 
 rival at Detrnit aforesaid, that the w orks of the said Fort Detroii 
 »vere greatly d.imaged and dilapidated, aud that the guns and gun 
 
13 
 
 carriages belonging to the said Fort Detroit were also damaged 
 and out of repair ; and moreover well knowing the importauco of 
 the said Fort Detroit to the service of the said United States, iii 
 the operations of the said war, and that the same, (together with 
 the said guns and gun-carriages) should be put and kept in proper 
 order and repair, was guilty of neglect of duty, by neglecting and 
 omitting, daring all the time of his possession and command as 
 aforesaid, in a proper and sufficient manner, to repair and 
 strengthen, or cause to be repaired and strengthened, the works 
 of the said Fort Detroit; by neglecting and omitting, in a proper 
 and sufficient manner, and in due time for the service of tlie said 
 United States, to repair, or cause to be repaired, the said guns 
 and gun carriages, and generally, by neglecting and omitting ta 
 put, or cause to be put, §aid Fort Detroit in a proper state and 
 condition' for resistance and defence, in the event of an invasion 
 and attack by the enemy : Whereby the said Fort Detroit was 
 left an easy conquest to the enemy ; the said guns and gun-car- 
 riages being afterwards required for the service of the said 
 United States in the British province of Upper Canada, were still 
 found unftt for transportation and use; great time Mas consumed 
 in preparing and fitting them for the said service, and the opera- 
 tions of the war were fatally obstructed and suspended. 
 
 FOURTH SPECIFICATION^. 
 
 And, also, in this : That during the said war so as aforesaid 
 carried on and prosecuted by and between the said United States 
 of America and their territories, and the said United Kingdom 
 of Great Britain and Ireland and the dependencies thereof, the 
 said brigadier-general William Hull declaring and avowing an 
 intention and design, with the said north-western army of the 
 said United States, under his command as aforesaid, to invade 
 and enter the British province of Upper Canada, to invest and 
 attack the British fort called Maiden, otherwise called Am- 
 Iierstberg, in the said British province, and to maintain and en- 
 large his position and possession in the said British province, 
 and well knowing that expedition, resolution and energy v/erc 
 iudispensible to the prosecution and accomplishment of such in- 
 tention and design, and having arrived at Detroit aforesaid in 
 ihc territory of Michigan aforesaid, on the seventh day of July, 
 in the year one thousand eight hundred and twelve aforesaid, 
 and having invaded and entered the said British province of Up- 
 per Canada, on the twelfth day of July, in the year aforesaid ; 
 and therein taken possession of the town of Sandwich aforesaid 
 and having evacuated, with the main body of his army, the said 
 British province of Upper Canada, on the eight day of August, 
 in the year aforesaid, was guilty of neglect of duty and unofficer- 
 Hke conduct, by not seasonably repairing, fitting and transporting 
 or causing to be repaired, fitted and transported, the guns and 
 •^nn-carriages, which were necessary to the operations of the wai 
 in the said British province of Upper Canada : by an useless and 
 
14 
 
 injurious waste of time and opportunity at Sandwich aforesaid, in 
 the said British province of Upper Canada, without making an 
 attempt to reduce the said British fort called Maiden, otherwise 
 called Aniherstberg ; by an unnecessary consumption of time in 
 projects to conciliate the British inhabitants of the said British 
 province of Upper Canada, and the neij^hbouring Indians, with- 
 out resorting to the more effectual display of a military power, 
 capacity and disposition, to maintain the acquisition of conquest, 
 sind to perform the promises of protection ; by postponing in the 
 first instance, and by abandoning in the next, an investment and 
 attack upon the said Brilish fort called Maiden, otherwise called 
 Amherstberg; and by finally evacuating the said British province 
 of Upper Canada, without j>roviding, in any respect, for the safe- 
 ty of the inhabitants thereof, who had accepted the said briga- 
 dier-general William Hull's invitation to join the American 
 standard, and without having in any degree accomplished the 
 said intention and design of the said'brigadier-general William 
 Hull, so as aforesaid avowed and declared, upon the invasion, of 
 the said British province as aforesaid : Whereby an opportunity 
 Mas afforded to the enemy to bring into suspicion and contempt 
 the power and the conduct of the American commander ; to col- 
 lect and combine the British forces ; to seduce, intimidate and 
 engage the Indians ; to awe into submission the wavering inhab- 
 itants of the said British province of Upper Canada; to reinforce 
 the said Britisli fort eal/ed Maiden, otherwise called Amherst- 
 berg; and to prepare for investing and attacking the said fort of 
 Detroit, in the said territory of Michigan ; while on the other 
 liand, the said army of the said United States, under the command 
 «f the said brigadier-general William Hull as aforesaid, dimin- 
 ished in effective numbers, in consequence of sickness and other 
 casualties; the officers and soldiers naturally became dissatisfied 
 and disgusted with a scene of such inactivity, irresolution and 
 procrastination ; the hope of support and co-operation, as well 
 from the Indians as from the British inhabitants of the said Bri- 
 tish province of Upper Canada, was destroyed ; and the general 
 ardor of the troops, in the prosecution of the \var, iasen§ibly 
 abated. 
 
 riFTH SPECIFICATION. 
 
 And, alio, in thirf : That during the continuance of the said 
 Avar, carriiid on and prosecuted as aforesaid l)y and between the 
 said I'liited States of Amrrica an.'l their territories, and the said 
 United Kingdoin ofdrri-at Britain and Irehuid and the dependeii- 
 vies thi-rcof, ihc; said brigadier-general William Hull, with the 
 said norlh-wcjlern army of the said ITiilled States under his eoni- 
 matid as aforesaid, arrived at Detroit aforesaid, in the territory 
 of Micliigau aforesaid, to wit. on or about t lie seventh diiy ol' July, 
 in tlie year one thousand eiglit hundred and twelve aforesaid ; that 
 with lUi\ saiil army under his eoinmand as aforesaid, he entered 
 and inva'.lcd the said British province of Upper Canada, to witi 
 
15 
 
 tin dr aljoiit ihe twelfth day of July, in the year aforesaid ; that 
 With the main body of tlie said army under his command as afore- 
 said, he evacuated the said British province of Upper Canada, on 
 tlie eighth day of August in the year aforesaid, thence returning 
 to Detroit aforesaid, in the said territory of Michigan ; and that 
 he abandoned, surrendered and gave up said fort Detroit, with all 
 the troops, regulars as well as militia, under his command as 
 aforesaid, to the British forces under the command of Major 
 General Brock, to wit, on the sixteenth day of August, in th© 
 year aforesaid : And that during all the movements aforesaid, 
 and during all the time aforesaid, to wit, from (he said seventh 
 day of July, in the year one thousand eight hundred and twelve 
 aforesaid, to and including the said sixteenth day of August, ia 
 the year aforesaid, it was of hij^h importance to the security and 
 supply of the said fort Detroit, and the said army of the said 
 United States, under the command of the said brigadier-general 
 William Hull as aforesaid, that a free and open communication 
 should be had and preserved between the said fort Detroit and 
 the said army of the said United States, under the command of 
 the said brigadier-general William Hull as aforesaid, and a cer- 
 tain American settlement and military post made and established 
 at the river Raisin, in the said territory of Michigan: And that 
 the said brigadier-general William Hull, well knowing ihe; 
 premises, but unmindful of the trust reposed in him, was guilty 
 of a neglect of du<y and unofficer-like conduct, by suft'ering the 
 enemy to interrupt and cut off the said communication betweeu 
 the said fort Detroit and the said army of the said United States 
 under his command as aforesaid, and the said American settle- 
 ment and military post made and established at the river Raisia 
 aforesaid, in the territory of Michigan aforesaid, to M'it, on the 
 first day of August, in the year one thousand eight hundred and 
 twelve aforesaid, or on some other day of the said month of Au- 
 gust, or Some day of the preceding month of July, in the year 
 aforesaid : also, by afterwards, to wit, on the fourth day of Au- 
 gust, in the year aforesaid, detachin;^ 3Iajor Thomas B. Van 
 Home, of Colonel James Findley's regiment of Ohio volunteers^ 
 with an inadequate force, (the said brigadier-general William 
 Hull having sullicipnt cause for knowing or believing the same to 
 be inadequate.) to attempt again to open the said communication 
 between the said fort Detroit and the said army of (he said Uni* 
 ted States, under the command of the said brigadier-general 
 William Hull as aforesaid, and the said American settlement 
 and military post on the said river Raisin in the territory of 
 Michigan aforesaid; also, by aftei'wards, to wit, on the eighth 
 day of August in the year aforesaid, detaching lieutenant-colonel 
 James Miller, of the fifth regiment of United States' Infantry, 
 with the number, or about the namber of five hundred men to at- 
 tempt again to open the said communication between the said 
 fort of Detroit and the said array of the said United States under 
 <be command of the said brigadier-general WiUiam Hull, and 
 
16 
 
 iiie suid Amcriciin settlement and military post at the said rivef 
 Raisiu in the territory of Michigan aforesaid, and neglecting to 
 fiirnish and forward, or to cause to be furnisiied and forwarded 
 to the said last-mentioned detachment, at ur near Brownstown, 
 on its march upon the service aforesaid, an adequate supply 
 of provisions, (the said brigadier-general William Hull 
 liaving sufficient cause to know or believe that the said last- 
 mentioned detachment, at or near Brownstovvu, on its march 
 upon the service aforesaid, was in want of provisions, and 
 that they could not prosecute and accomplish the said service, 
 unless an adequate sfipply of provisions was furnished and 
 forwarded to them, at or near Brownstown aforesaid :) And, 
 also, by afterwards, to wit, on the fourteenth day of August, in 
 the year aforesaid, detaching Colonel Duncan Mc Arthur, colone? 
 of a regiment of Ohio volunteers, and Colonel Lewis Cass, co- 
 lonel of another regiment of Ohio volunteers, with the number 
 or about the number of four hundred men, as well to attempt 
 again to open the said communication between the said fort 
 Detroit And the s;iid army of the said United States, under the 
 eommand of the, said brigadier-general William Hull as afore- 
 said, and the said x\merican settlement and military post at the 
 river Raisin aforesaid, in the territory of Michigan aforesaid, as 
 to escort provisions from the said American settlement and mil- 
 itary post, to Detroit aforesaid, without issuing, furnishing and 
 forwarding, or causing to be issued, furnished and forwarded to 
 the said last-mentioned detachment, an adequate supply of pro- 
 visions for the service on v>hich they were employed as aforesaid, 
 (the said Brigadier-General William Hull having sufficient 
 cause to know or to beliave that the said last-mentioned detach- 
 ment was in want of a further suppiy of provisions upon the ser- 
 vice aforesaid, and that they could not prosecute and accomplish 
 the said service, unless sueh further supply was issued, furnished 
 and forwarded to them :) WHiereby the said detachment under the 
 said Maj. 'j'homas B. Van Korne*. being encouutered by the en- 
 emy with a superior force, was defeated and returned to Detroit, 
 without accomplishing the service on which they were employed 
 as aforesaid; the said detaebment under the said lieutenant- 
 colonel James Miller, having achieved a signal victory over the en- 
 emy <luring tlie march on the service aforesaid, were nevertheless 
 compelled, from the want of an adequate supply of provisions, t» 
 abandon the service on which tliey were employed as aforesaid, 
 and to rcliini to Detroit aforesaid; the said detachment under 
 ffie said Colonel Duncan McArthur and the said Colonel Lewis 
 Cass, from want of an adequate supply of provisions, were un- 
 able (o prosecute the service on \\liich they were employed us 
 aforesaid, aud were returning to Detroit aforesaid, at the time of 
 the abandonmeut and surrender of the said fort Detj;oit and the 
 said arujy of the said United States, to the British forces under 
 the comuiaud of major-general Brock as aforesaid ; and fir.ally, 
 tbc said communication between thft said Fort Detroit and the- 
 
^said army of the said United States, under the command of tho 
 said brigadier-general William Hull, and the said AmericauL 
 settlement and military post at the said river Raisin, in the ter- 
 Titory of Miehi^^an aforesaid, by reason of the said neglects and. 
 omissions of the said Brigadier-General William Hail as afore- 
 said, was. and remained interrupted and totally cut off' by the en-- 
 emy, to wit, from the said first day of August, in the year afore- 
 said, or from some other day in the said month of August, or ia 
 the preceding month of July, in the year aforesaid, to and inelii-;, 
 ding the said sixteenth day of August, in the year aforesaid, 
 
 SIXTH SPECIFICATION. 
 
 And, also, in this— That during the continuance of the saitL 
 M'ar, so as aforesaid carried on and prosecuted by and between the» 
 said United States of America and their territories, and the saii, 
 United Kingdom of Great Britain and Ireland and the depen- 
 dencies thereof, the said Brigadier-General William Hull, witli 
 the said nortli-western army of the said United States under his. 
 command as aforesaid, having invaded and entered the said 
 British province of Upper Canada as aforesaid, and having de- 
 clared and avowed an intention and design of investing and at- 
 lacking the said British fort called Maiden, otherwise called 
 Amherstberg, in the said British province of Upper Canada, and 
 a detachment of the said army under his command as aforesaid, 
 ied by the said Colonel Lewis Cass and the said Lieutenant-Col- 
 onel James Miller, having attacked and repulsed the enemy, and 
 seized upon a certain bridge over the river called the river 
 ■^^ Aux Canards,'' on the rout from Sandwich in the said BritisLt 
 province of Upper Canada to the said British fort called Maiden^ 
 otherwise called Amherslberg, and an opportunity having there- 
 by been afforded for an immediate investment and attack upon 
 the said British fort called Maiden, otherwise called Amherst- 
 berg: Yet the said Brigadier-General William Hull, well know- 
 in;^ the premises, and unmindful of the trust reposed in him, to 
 ^vit, on the eighteenth day of July, in the year one thousand eight 
 hundred and twelve aforesaid, at Sandwich aforesaid, in the said 
 British province of LTpper Canada, was guilty of neglect of duty 
 and unoffiecr-like conduct, by neglecting and omitting to advance 
 M-ith the said army under Jiis command as aforesaid, to maintain, 
 or attempt to maintain the possession of the said bridge over the 
 said river called the river Aux Canards, and by omittina; to pro- 
 ceed to the immediate invesiraent and attack of the said British 
 fort called Maiden, otherwise called \mherstberg, in the said 
 British province of Upper Canada : \?hereby the advantage of 
 acquiring and keeping possession of t5ie said bridge over the 
 said river called the river Aux Canards as aforesaid, was im- 
 providently lost, and the prospect of a sueeessful investment and 
 attack upon the said British fort called Iilahlen, otherwise cal* 
 Ipi\ Amherstbcrg, speedily vanisliod. 
 
18 
 
 aEVENTII SrECIFICAliOK. 
 
 And, also, ill (his ; That during the conlinuauec of the saul 
 war so as aforesaid carried on and prnseeuted by and be- 
 tween the said United Stales of America and their territories, 
 and the said United Kingdom of Great Britain and Ireland and 
 the dependencies thereof, the said brit^adier-general William 
 Hull, with the said uortli-wcstern army of the said United States 
 under his command as aforesaid, having evacuated tlie said Brit- 
 ish province of Upper Canada, reluming thence to Detroit afore 
 said, in the territory of Michigan aforesaid, the enemy having 
 afterwards taken possession of the bank of said river Detroit, 
 opposite to Detroit aforesaid, and thereon erected batteries, 
 wherewith to attack and annoy, as well the said fort Detroit and 
 the American posts Jind batteries erected and establislied near 
 tliereto, as the town of Detroit in the said territory of Michigan, 
 the enemy having also manifested an intention and a design to in- 
 vade and enter the said territorj orSIich!a;an, and to invest and 
 attack the said fort Detroit, and the enemy having also, after- 
 wards, in pursuanee of such intention and design, landed at a 
 place called Spring Wells, otlierv/isc called Spnng-flill, in the 
 neighbourhood of the said fort Detroit, in tlie territory of Mich- 
 igan aforesaid : Yet the said bria'adier-general William Iliilf, 
 well knowing the premises, and nuinindiiri of the trust reposed in 
 him, to wit, from the eleventh day of August to and including thn 
 sixteenth day of Au^'ust, in the year one thousand eight hundred 
 and twelve aforesaid, wasguilty of neglect of duty and nuofficer- 
 like conduct, by neglecting and omittina; to prevent, and to at- 
 tempt to prevent the enemy from erecting the said batteries on 
 tlie bank of the said river Detroit, opposite to the said fort of 
 Detroit as aforesaid; by neglecting and omitting to fbrtify the 
 landing-place at the said Spring Wells, otlierwise called Spriisg 
 Hill, in the territory of Michigan aforesaid ; and by neglecting; 
 and omittini^ to annoy and attack the enemy, on and after hi,-^ 
 landing at Spring Wells, otherwise called Spring-Hill as afore- 
 said, ill the territory of Michigat\ aforesaid ; Whereby the enemy 
 ■was enabled securely to erect the said batteries on the basik of 
 the said river Detroit as aforesaid, for attacking, and annoying 
 as well the said fort Detroit, and the posts and batteries erected 
 and established near thereto, as the said town of Detroit ; to in- 
 vade the said territory of Michigan without opposition or loss; 
 and <o approach the said fort Detroit with (he air and confidence 
 of a trimirph. 
 
 A. J. DAI.LAS, 
 Judge Jidvocufi^ 
 
DEFENCE. 
 
 «An. lEESIDOTj AXD CEKTLtMEN OF TUB COURT MARTIAXi. 
 
 I HAVE too long and too severely felt the effects of public prejudice, 
 excited by unfounded reports and groundless clamors, not to rejoice that 
 the time has arrived when I may speak in my own vindication, before an 
 impartial and honourable tribunal. 
 
 The charges upon which you are now to decide, have been propagated 
 through the Union with a zeal and industry^ to which my age, my character 
 nnd my former services have in vain been opposed. My reputation and 
 feelings have been the sport of every one who either from malicious, self- 
 ish or political motives chose to traduce me. The time has been when no 
 one would have dared to couple dishonor with my name, when my heart 
 lias exulted to find myself mentioned among those who deserved well of 
 their Country. But since my efforts to serve her have been unsuccessful, 
 how have I been tortured with cruel and unfounded accusations, even con- 
 scious innocence has not always given me fortitude to bear with this injus- 
 tice, unmoved. Knowing the integrity of my own motives, und how zeal- 
 ously I have sought to discharge my duty to the public, my heart has often 
 .swollen with indignation when I have seen the indefatigable pains that have 
 been taken by repetitions of tlie foulest calumnies to excite and keep alive 
 prejudices against me. Your own knowledge gentlemen of what has been 
 passing in tlie world, will convince you that this is not declamation, but I 
 shall shew you in the course of my defence, that men from whose profession 
 ;.nd whose rank it was not to be expected, have been parties in this 
 injustice. 
 
 At length, hoAvever, the time I have so anxiously desired, has arrived, 
 when my conduct must be tested by evidence, instead of the misrepresenta- 
 tions of my enemies, and I do feel a confidence that when you have pro- 
 nounced upon that evidence I may appeal to your judgment to refute the 
 clamors which have been raised against me. 
 
 1 cannot but think, Mr. President, that the charges against me are ex- 
 hibited in a form hitherto unprecedented in proceedings of this nature. It 
 V. as not to be expected, that in a court where the accused, whatever may 
 ne his infirmities or incapacities to attend to his ov.n defence, is not per- 
 jnitted to have the benefit of council, the charges would be enveloped in 
 huch a profusion of words, that it is difficult for one not accustomed to the 
 echnical forms of pleadings in the civil courts to understand them, and be 
 >o complicated by repetitions that it is still more difficult to reduce them 
 to any order or r.nalys;?. 
 
 It is extremely important, however, that the court should ascertain, and 
 ;t!\rays bep.r in miv/l precisely cf Yr'h?.t I Rm iiccus^cl, Thg course of pr»».. 
 
ceediiig- which has beeii adopted by the court, renders this the more ne- 
 cessary, as testimony has been given which ccitainly cannot be applied to> 
 any of the specifications. The coiu't having thought proper to admit it 
 with an intimation that any further objection vhich I might offer to its 
 propriety or relevancy when I arrived at this stage of my defence, would 
 fce considei-ed. In submission to this decision of the court, I have omitted 
 to make objections on tins ground in several instances. I shall not at- 
 tempt to offer an ai-gument to the court to prove the injustice of making one 
 ^charge against a person, and trying and convicting him by another : I did 
 "however understand, from what passed when I first submitted to the court 
 an objection of this nature, that an objection was entertained by some of 
 the members, that though the testimony might not apply to any specifica- 
 tion, yet if the fact intended to be proved, would come imder either of the 
 general chai-ges, the testimony would be proper. If tliis were so, then there 
 %vould be no use in the specifications, indeed they would be worse than 
 useless, they would only mislead the accused, and induce him to prepare 
 against one accusation when he might be tried on another. 
 
 The propriety of admitting nothing under the general charge, for which 
 there is not a specification, I think will appear manifest by supposing that 
 n general charge should be unofRcer-like conduct, and that the only specifi- 
 cation should be insulting a superior. Suppose that under this general 
 charge and specification, testimony should be offered of absence without 
 leave, this would also be unoflicer-likc conduct, and therefore wouidcome 
 under the general charge. But would it not be the height of injustice to 
 •try the accused for absenting himself, a crime of wiiich tlie charges gave 
 3iim no notice. I trust the court will sec tlie validity of tlie objection 1 am 
 considering, and that they will be careful to give no weiglit to any part of 
 the testimony which does not apply to some one of the specifications. 
 
 I do not think it necessary to occupy the time of the court with a reca- 
 pitulation of the charges, nor shall I exhaust your patience by attempting 
 hx my defence, to follow the volume on your table through all its reitera- 
 tions. It will be found for tlic most part to be a repetition of the same 
 iacts, displayed in the jargon of special pleading, witli an incongruous dis- 
 semination of sucli opprobrious epithets as fancy miglit fiu-nish to hcigliten 
 the imputation of guilt. I shall endeavour to arrang-e and consider the ac- 
 cusations in such order as will enable me to bring my defence into some 
 compass, and to be the better imderstood, I shall particularly notice the 
 charges which the judge advocate in his opening mentioned as those which 
 he expected would be substantiated, and I shall not omit to make my de- 
 fence against every accusation wliich there has been the least testimony to 
 snpport. The cardinal accusations, if I may be permitted so to express 
 myself, are fonnded upon an alleged delay at Sandwicii, the retreat from 
 Canada, and the surrender at Detroit. 
 
 If 1 can satisfy the court that these acts were in themselves necessary or 
 justifiable, .t will then remain for me to answer such of the accusations as 
 relate to the manner in which these acts were done, and to answer also some 
 chprjres ;. •. immediately connected with these transactions. 'J'liis course 
 
WfU embrace the whole of my defence. Of this latter description Is the 
 first specification under the charge of treason which relates to the vessel 
 sent from the Miami. I shall therefore give this a sepai'ate consideration, 
 and as it stands first and hig-hest in the black catalogue of the crimes 
 which are imputed to me, and is repeated in other specifications, I shall 1)1 
 t]ie first instance ask the attention of the court to tliis subject. 
 
 I have already protested against the autliority of this court to decide 
 upon this charge, because treason is a crime of which a court martial has 
 no cognizance. Their power is confined to such military crimes as are 
 specified in the articles of war, and their jurisdiction is so limited, not only 
 "by the Constitution, but by the very articles themselves. I have thouglit it 
 my duty in the most solemn manner to make and insist on this protest for 
 the sake of repelling a dangerous example, and not as it respected myself 
 or the case now under vour consideration; for my only desire is to acquit 
 myself of the criminal acts and motives which have been so wantonly imput- 
 ed to me. If I cannot succeed in this, I am indifferent as to the names by 
 which the crimes may be called, and if I do not acquit myself of the other 
 charges which are the most wounding to the feelings of a soldier, I am 
 equally indifferent to the punishment that may be inflicted. I have no de- 
 sire to preserve a life that shall be stigmatized by a conviction of this court 
 on the charges of cowardice. 
 
 The first specification under the charge of treason relates to senduig the 
 vessel on the fii'st of July from the Miami with the Hospital stores, sick 
 baggage, and army documents. As to sending the vessel with what she 
 had on board, except the last article it is not disputed — but that for the 
 reasons which according to the testimony of General M'Arthur I assigned 
 for it at the tim-e,it would not have been an improper measui-e had not war 
 been declared. 
 
 The whole criminality then in this respect rests on the truth of the al- 
 legation that I despatched the vessel knowing of the war, and with a design 
 to give traitorous intelligence to the enemy. 
 
 It is very certain that I had no direct intelligence of the war on the Isfc 
 of July when the vessel was despatched. I had on the 26tli of June re- 
 ceived a letter from the Secretary at war, dated on the day war was declaimed 
 the 18th of June — and I afterwards received another letter from him of the 
 same date, announcing to me the declaration of war. It seems to have been 
 intimated that the letter of the 18th of June which I received on the 26th, 
 was the letter announcing the war — but I think the testimony of General 
 IM'Arthur settles that point — He acknowledges that I shewed him both the 
 letters which I received on the 2Gth of June at the time I received it — and 
 also the letter vi'hich I received on the 2nd of July at the time that letter 
 came to my hands : But if the testimony of General M'Arthur and other 
 witnesses left any doubt on this subject, it must be removed by a refer- 
 ence to a letter from me to the Secretary at war which has been read by 
 the Judge Advocate, dated at fort Findlay, on the 26th of June, which ac- 
 knowledges tlie receipt of the letter from him of the 18th of June, which I 
 liad then received— lu vrluch I say " in the e-jcnt of a 7s;ar,*' it will be ne- 
 
%% 
 
 cessary to pursue certain measures — I think this is evidence not only that 
 tlie letter which I had received on the 26th of June was not the letter which 
 announced the war ; but that the letter which I did receive gave me no ex- 
 pectations that war was declared when I wrote. 
 
 It may be said however in the language of some of the specifications, 
 that though I had no certain information of the declaration of war when I 
 desjiatched the vessel, I had " sufficient cause to know and believe that 
 war existed." As I have said the first letter from the Secretary at war, 
 dated on the 18th of June, gave me no cause to know or believe the fact, all 
 that is in that letter which could by any possibility be supposed to have 
 related to sucii an event, are these few words. — " Circumstances have rc- 
 eently occurred which render it necessary you should pursue your march 
 to Detroit with all possible expedition." This was but a i-eiteration of my 
 former orders — In the letter from the Secretary at war of the 9th of April, I 
 :an directed " to repair with as little delay as possible to Detroit" — how 
 then was I to infer from tliis letter that w:u- had been declared. I did nev- 
 er suppose tl'.at if war was declared I should receive a peremptory order 
 from AVashington to march my whole army in all events to Detroit, there. 
 by leaving the enemy at Maiden eighteen miles in my rear, directly on my 
 line of communication, with all the facilities which he had by reason of his 
 command of the waters to cut off my supplies. Such an order appeared to 
 me so inconsistent witli my military experience that 1 did not suppose it 
 could have been founded on a declaration of war, or even on a prospect of 
 immediate hostilities. I did suppose that \\\ the event of a war a discretion 
 would have been left to me to conduct my troops in such a manner as I 
 might judge from circumstances would be most conducive to their securi- 
 ty, and most likel}' to effect the destruction of the enemy — and that I should 
 bave been left at liberty to ])ost my army in what I might think tlic most 
 advantageous situation — -I did suppose that when it was seen that w^ 
 would be immediate and inevitable — I sliould have been informed of mea- 
 Kures taken to reinforce me, and to keep open the road which it was known 
 I was obliged to make for near two hundred miles through the wilderness, 
 ;ind on which my army must depend for its supplies — I did suppose that I 
 should have been inibrmed of co-opcr:j.tions intended for my support, and of 
 means provided for my communicating witli tliosc who might direct tliose 
 co-operations — and 1 did sujijiosc that I should have been informed of me:.- 
 Bures taken to obtai'i the command of the waters — All my intercourse, as 
 well previously as subsequently to my aj)pointracnt, as I shall hereafter 
 prove, with the executive officers of the Government, gave me reason to 
 expect that all these measures would be pursued In the event of a war. 
 
 How then was 1 to understand from this simple intimation tliat circum- 
 stances liad occurred v/hicli required that I ijhould jmrsue my march to 
 Detroit with expedition — that war was actually declared, or immediately 
 txpcctcd ? Ik-sides, it naturally occurred to me that if tlie circumstances 
 alluded to by tiic Secretary were a declaration ol"war, or such as would im- 
 mediately lead to it — I should be told so cx]jUcitly — I could conceive nP 
 reason formaking his communications vomc in auib'^-uous terras. 
 
But it may be s,aid that General M'ArUiur has proved by the testhnom; 
 which he lias given relative to conversations he had with me when I re- 
 ceived the letter from tlie Secretary at war on the 26th day of June, and 
 when I despatched the vessel on the 1st of July, that I had "^ sufficient 
 cause to know or believe that war then existed." 
 
 General M'Arthur's testimony on this subject is as follows : " On the 
 evening of the 26th of June an exf5ress arrived from Chilicothe bearing a 
 letter for me, another for General Hull — I went with the bearer to General 
 Hull, who opened his letter and handed it to mc — It was from the Secre- 
 tary at war, dated 18th June, 1812 — It stated that circumstances had occur- 
 red that made It necessary that the General should proceed to Detroit — take 
 measures for defence, and wait for further orders. I also received a lettec 
 n-om a friend quoting a postscript to a letter from General Worthington 
 a senator in Congress, which postscript said ' before this reaches you war 
 will be declared.' I stated to the General that ColoneJ Dunlap the bearer of 
 the express had told me that before that time war was declared. The Gen- 
 eral then asked me what I thought of the Secretary's letter — I said I thought 
 it a notice of a declaration of war — the General said it seemed very much 
 like it. — The General and I had a great deal of conversation ontlie informa- 
 tion we had from time to time received, and we appeared to agree that wax* 
 was certainly declared." 
 
 General M'Arthur further testified that on the morning of the day oii 
 which we left the encampment near the Miami — ♦' the General sent for me 
 to his tent and stated that he thought of sending the baggage by watei: 
 from that place — I said I thought it hazardous — that possibly the British 
 might have information of war and might take the vessel — the General re- 
 plied he could not imagine there was any danger, tlie wind was fair and 
 the vessel would pass in a short time, adding tliat he could not take upon 
 himself the responsibility of carrying on the teams any further— I think 
 there was a verbal or written order to embark the baggage — I stated to the 
 General that I did not like to send on my baggage ; but if it was a genei-at 
 order it must be complied with. We proceeded on towards Detroit — and. 
 on the first or second evening after the commandants of corps Avere called 
 to the tent of Gen. Hull and were informed that a letter had been received 
 from the Secretary at war announcing the declaration of war." 
 
 The witness further stated in some part of his examination that notwitln 
 standing the order he sent nothing by the vessel but his mess-boxes. 
 
 I must beg leave first to remark to the coiu-t that this testimony of Gen. 
 M'Arthur affords strong evidence of the fallabillty of his memory — for he 
 ^states that the letter from the Secretary of war which I shewed to him ai 
 fort Findlay on the 26th of June, ordered me to proceed to Detroit, take 
 measures for defence, and wait for further orders. — An order to prepare for 
 defence would have been a much more significant intimation of a declara- 
 tion of war than any tliing the letter contained. A copy of tlie letter fur- 
 nished by the war department is before the court and will prove how far 
 General M'Arthur can be mistaken. 'l"he expressions whicli he gives a'^ 
 ^.avina'beCn cTjntained in the letter which hf^ saw on the 26th of .Tun?, ar« 
 
eontainetl in the letter announcing- the war which was shown to him on th* 
 2nd of July. It cannot be pretended that he might have seen this last 
 xnentioned letter on the 26th of June — because if that had been so there 
 could not have been after the explicit infoi'mation contained in that letter, 
 anj- such debate as he states there was between us on the 26th of June, as 
 to the possibility of war having* been declared. I do not mean to charge 
 Cicn. M'Artluir with a wilful mlsi-epresentation — I have no doubt but that 
 the zeal which he has manifested for mj- conviction has led him into tliis 
 mistake. As this is the highest charge against me, he pi'obably has felt the 
 most anxietjr that it should be substantiated — and his mind has adopted as 
 the impressions of his memoiy what are only the results of his wishes. I 
 mai-k this inaccuracy of Gen. M'Artliur the more particularly to shew that 
 inasmuch as he was so materiallj' mistaken with respect to the contents of 
 the letter, whicli lie states he had in his hand, and deliberately perused, and 
 has confounded wh&i passed at one time with wliat occurred at another, 
 lie may very possilily be as far m.istaken in relation to the conversations he 
 has related. 
 
 I do aver that in respect to the conversation which he relates as having, 
 passed between us on the 26th of June, he is mistaken ; or rather he repre- 
 sents it in a manner calculated to make impressions altogether different 
 from what in truth it ought to do. After lie had informed me of the letter 
 lie had received, quoting the Postscript from General Wortliington — and 
 after he had communicated to me what had been said by Colonel Dunlap 
 the bearer of the letters, I miglit have said it seemed like war, or made use 
 of some expression of that sort — but I deny that I ever said that the iS'ec?'^- 
 tari/^s letter seemed like wai* — on the contrar)^ — that letter induced me to 
 suppose notwitlistanding the Postscript from Gen. Worthington and tlie in- 
 formation of Col. Dunlap, that war could not have been dcclai-ed. 
 
 I beg the court to remark tliat neither the postscript or the information. 
 of Col. Dunlap did state, or coukl have stated, that war was declared, but 
 merely gave their opinions that war would be declared by the time the 
 letters were received, without stating any grounds for tlicir opinions — 
 considering, however, tlie opinion of Gen. AVorthlngton, as coming from 
 :i source entitled to great I'espcct and consideration, it induced me to 
 think it possible that war might have been declared — But when I found 
 day after day passing without intelligence from the government — when J 
 found that on the 1st of July five days had elapsed since tlie arrival of Col. 
 Dunlap, and when I felt confident that not a moment would be lost In des- 
 patching a messenger to mc whenever war was declared — I was satisfied 
 that ihe information whlcli had been communicated to me througli Gen. 
 M'Artliur had no other foundation than those rumors and expectations 
 >'.hich had been so long afloat throughout the counti-y. One circumstance 
 was a strong inducement to believe that the relations of peace with Greaf 
 IJvitain had not been interrupted. When I left Washington, the .secretary 
 of war had told me it was not expected that war would be declared bt fort; 
 !he 4th of July. This is a fact, though the secretary of war has answcrcc' 
 I'o the ninth Inicrvngatorv addressed fn him liiat " he had not such a rero' 
 
25 
 
 Jection of the cdnversation between us respecting the probable tune of tile 
 declaration of war as to enable him to answer satisfactoril}' on that sub- 
 ject." — But as I had not on the 1st of July, when I despatched the vessel 
 received myself any information of the declaration of war, I was to pre- 
 sume that the enemy could not have been apprised of that event. It appeared 
 to me an inadmissable itnputation on the administration, to suppose it pos- 
 sible that they would suffer information of intended hostilities to be con- 
 veyed to the enemy before it could reach their own General. — Yet it was 
 fourteen days after war was declared before I had any information of it — 
 Though it appears that a letter from the secretary at war written on the 
 18th of June, had reached me at fort Findlay in seven days — and an attention 
 to the dates of the correspondence between me and tlie war department will 
 shew that the communication between the city of Washington and the 
 army, even; when it was in Canada, might be made in eight or ten day.s. 
 In the secretary's letter to me of the 1st of August which has been read, 
 he acknowledges the receipt of mine of the 19th of July by Capt. Curtis, 
 who left my head quarters at Sandwich on the 20th of July — I never heard 
 that any duplicate of the letter of the 18th of June was written to me, ov 
 that the letter was delayed by any accident. Nor do I know that any letter 
 was written to me by the administration after the war was declared, ex- 
 cept the one of the 18th of June, until the 24th of the same month, when 
 six days had elapsed. A letter written at Washington on the 18tJhof June 
 might have reached me by express in five days — But the letter which was 
 to give me the first information of the war, if it left Washington on the 
 18th or 19th of June, Could not have travelled at a greater rate than thirty 
 Tniles a day. 
 
 I think after this statement the court will not say tlaat it was treasonable 
 \n me to conclude, that it was impossible the administration should have 
 left me ignorant of the war when it might be known to the enemy. 
 
 I beg to direct the attention of the court to the testimony of Gen. Cass 
 upon this pohit. He had a perfect knowledge of all the circumstances 
 with which Gen. IM'Arthur and myself were acquainted — he had seen the 
 letter of the 18th of June from the secretary at war, which I received on 
 the 26th. He kneiv what information Gen. M' Arthur had received from 
 his correspondent and from Col. Dunlap. He testifies that whentlie vessel 
 was despatclied from the Miami, he had no reason to believe that at that 
 time I knew of the war. He had no conversation with me which could In- 
 duce such a belief. He sent his own baggage and servaflt by the vessel, 
 which on his cross-examination he says he certainly should not have done 
 if he had had any thought that war then existed. , 
 
 But it appears that immediately after the receipt of the letter anncninc- 
 ing to mc tlie declaration of war — I used every possible exertion to recal 
 tlie vessel — I refer the court on this point to the testiraony of Capt. Fuller. 
 This conduct is entirely inconsistent with the criminal intentions which 
 iU'c imputed to me in respect to this transaction. 
 
 It remains for me to notice that part of this charge which stales that I 
 put on board the army documents and papei's rhercby the cncmv wtrc mxjr 
 
 ■i 
 
S6 
 
 acquainted with the force of tlie army, the designs of the goVfernmeiit, and' 
 with the declaration of war. 
 
 I do not hesitate to acknowledge that it was improper to trust the doc- 
 uments which were put on boai'd that vessel to sucli a conveyance, or even 
 for me to part with thern in an}^ way, whether in peace or war— But I trust 
 >t has satisfactorily appeared to the covu-t from tiie testimony of Captain 
 Hull — that this was owing to an accident which might have happened to 
 the most careful commander. 
 
 I had ordered my baggage to be put on board the vessel, not supposing 
 it possible that the trunk containing my papers could have been considered 
 by my aid-de-cainp included in that order — and it was not until after the 
 vessel liad departed that with equal surprise ami regret I learnt that my 
 .aid-de-camp had with m}' baggage sliipped a trunk which contained noth- 
 ing but papers. There is one allegation in this charge that I feel myself 
 authorized to repel with some indignation — because I tliink it could only 
 have been made with a view to exculpate others from misconduct at my 
 expence, by an attempt to make it be believed that the enemy derived a 
 knowledge of the Avar from the capture of this vessel. If this were so 
 how is it to be accounted for that the enemy should have assailed her in a 
 hostile manner before she was captured. 
 
 The court will recollect that Lieut. Gooding states, that when the vessel 
 was off Bois-blane Island, the enemy's armed brig Hunter bore down upon 
 lier and tiiat she was pursued by a Batteau from Maiden filled witli armed 
 men — but that the suggestion that the enemy derived their knowledge of 
 the declai'atlon of war from the papers foiuid on board tlie vessel, is repel- 
 led by the fact that this vessel had no documents on board which could pos- 
 sibly give them that information she could not have liad — for 1 had no such; 
 documents in my possesion at the time she sailed from tlie rapids of the 
 Miami. It is also a fact that is now notorious that the enemy had received 
 information of the jjassingof tlie act declaring war several days before I had' 
 any communication from ^^''ashington on the subject. It is as ungenerous 
 as it is unjust to charge the enemy's prior knowledge of the declaration of 
 war to jiny act of mine. I have now closed m)- defence on this first speci- 
 fication under the charge of treason — and although I persist in my objec- 
 tion to this court's taking cognizance of tluit crime — ^j'et I liave g-iven the 
 charge a fall cxaminr.tion — because tlie same facts are sijccified under the 
 charge of unofhcer like conduct — and I shall rely upon what I have now 
 t.aid for my vindication ag-ainst tlie specification wliich relates to thi** 
 subject muler tliat charge. 
 
 To sustain tliis cliarge of trcas(jn there arc two other .specifications — one 
 relating to the supposed delay in attacking Maiden and tlie retivat from 
 Sandwich, tlie other to the surrender of Detroit — But as there is a repetition 
 oi' these specifications under the two other ciiargos — I sliall not now noticr 
 them further tiian to observe that these specifications under the chai-gc of 
 treason, allege that the dela\-, the retreat and tiie surrender were all ii' 
 jiursuance of a traitorous combin.ation and conspiracy between me and cer- 
 * riin enemies of the United States, w hose names arc luiknown. If the coiu^ 
 
ay 
 
 had cognizance of this crime of treason, I could not be convicted unles? 
 the traitorous combination and conspiracy were proved. I might asfc 
 where is the evidence of any combination or conspiraay between me and 
 the enemy— But I forbear with indignation from the examination of such a 
 question— and now when the court kas before it all the testimony that the 
 utmost efforts of my prosecutors have been able to bring against me, I ask 
 them to judge from what malignant source the information which could 
 have suggested this charge, must have been drawn. — Some of the wit- 
 nesses who have testified against me must have furnished the materials 
 from which the gentleman employed by the government to frame the charg- 
 es must have drawn them. They must then have made suggestions to 
 him which they dare not attempt to support by their own oaths or by one 
 particle of proof, and which could have resulted only from the bitter- 
 ness of their own hearts towards me. 
 
 Pursuant to tlie arrangement of my defence which I have before suggest- 
 ed — I shall next consider the specifications which charge me with crimes 
 or misconduct, in delaying to attack Maiden — in withdrawing the army 
 from Canada, and in making the final surrender. 
 
 There are, as I have said, accusations which are not immediately con^ 
 nected with these transactions, and these I shall notice in the course of my 
 defence — But if I shoukl satisfy this court that these cardinal accusations 
 are unsupported ; that the measures to which they refer were fit and proper, 
 -md such as circumstances required — or if it should now appear, that a 
 liflGrent course in respect to either of these measures ought to have been 
 adopted — Yet if I should satisfy the members of this court, that in my con- 
 duct upon these occasions I have been actuated by the purest motives and a 
 sense of duty, I trust 1 shall not be judged criminal — I shall not pretend 
 that I may not have erred — but error and crime are not convertable terms. 
 
 When 1 accepted a commission from the government, I pledged to them 
 my utmost zeal and ability in discharge of the duties of the office they 
 'jonferred upon me, and I tr)ist that pledge will not be considered as forfeited, 
 though it should appear to this court that on some occasions my judgment 
 may have misdii-ected me. The profession of a soldier would not be longer 
 honourable, if neither the purest intentions or the most zealous exertions 
 could shield him from criminal imputations on the errors of his judgment. 
 
 My defence; Mr. President, on these points, as well as on all •thers will 
 be a relation of facts and circumstances, and an exposition of the consider- 
 ations, and motives whicli liave governed my conduct. 
 
 You cannot, gentlemen, form a just decision upon my case, nor judge of 
 the considerations which have influenced my conduct, unless you under- 
 stand what were my views and the views and expectations of the executive 
 officers of the government of the United States, in respect to the North- 
 western army — its relations and objects when I accepted my commission 
 In April, 1812. 
 
 I feel some embarrassment in presenting to you, this part of my case— 
 I am well aware that it may be said tliat I am attempting to exculpate 
 myself by censuring others— J well know too tliat the political feelings cf 
 
many persons arc so sensible and warm, that the slightest imputation of 
 misconduct against the administration will excite theii- prejudice — and 
 that such prejudices are the more likely to be roused when the charges 
 :'.re made by one who is prosecuted by the administration — But gentlemen 
 I shall say nothing of the officers of tlie government that is not supported 
 by irrefragable testimony — I shall only present for your consideration facts 
 which are proved by documents before you, and shall make no observations 
 upon them which are not obviously and absolutely necessary for my de- 
 fence — Much less shall I attempt to charge the administration with any 
 wilful misconduct. 1 believe every member of it to have been actuated 
 by the purest motives and tlie most ardent zeal in preparations for, and 
 pi'oseeation of an inevitable war. A war in which I should never have en- 
 'listed had I not believed it both just and necessary — and while my country 
 is engaged in such a contest, let my former services to her, let my former 
 character shield me from the snspicion that I would voluntarily say one 
 word that shall lessen the confidence of my countrjaiien in those, under whose 
 auspices our battles must be fought — and by wliosc wisdom and strengtk 
 our misfortunes are to be redeemed, and our lionour is to be saved. 
 
 But in my own vindication, and in defence of that honour which the go- 
 vernment have now put at stake, I am obliged to s.iy, that the army I com- 
 manded had not that co-operation and suppoi-t whicli when I accepted my 
 commission the government gave me reason to expect — and without the 
 prospect of which, I should never with the force that was placed under 
 jny command have thought of carrying on offensive operations against 
 Upper Canada — nor even have placed my army unless in obedience to 
 orders in the situation in which it was after it's arrival on the waters of 
 Lake Erie. 
 
 AVhcn I accepted Ihc command of the North-western army, T did not sup- 
 pose that in the event of a war with Great Britain, the force of that army 
 uould be adequate to conquer Upper Canada — Nor did I believe that the 
 .ulministration Juid such an opinion : — But on the contrary 1 did understand, 
 and such it will appear was the understanding of the executive officers of 
 the government, that in the event of a war the operations of my army would 
 he strengthened and secured by a competent naval force on Lake Eric, and 
 by the direction of otlier forces against the enen>_\'s territory. Had 
 these expectations been realized, instead of having lingered, out so many 
 montlis as a prosecuted criminal, instead of now standing before }ou as an 
 accused, 1 might still have shared my country's confidence — The foul 
 charges to which I am now to answer would not have thus blasted the lau- 
 rels of my youth — But even in tlie wikls of Canada and amidst these whit- 
 ened locks they might have retained their pristine verdure. 
 
 I proceed gentlemen to turn your attention to the documents, by a refer- 
 ence to wliich I mean to shew what were my views and expectations, and 
 what I had a right to suppose were the views and expectations of the ad- 
 •ministration on the subject which we are now considering. 
 
 The first paper read by the Judge Advocate was a nicniorinl addressed 
 i>v mo in 1809, to Uic Uicn secretary at war. 
 
ijrom this memoTial the following is an extract : 
 
 " My residence at Detroit for four years has given me some knowledge 
 (?f our Notliern and Western frontier — and I take the liberty of communi- 
 cating to you such focts a^ have fallen under mv observation. The opin- 
 ion I have formed — and the measures wliich appear to me the most expe- 
 dient under the existing state of things." 
 
 After a variety of suggestions, and among others, tliat thougli war should 
 not take place, it would be necessary to have a larger force in Upper Canada 
 than was then there — the memorial is as follows : 
 
 " I would likewise suggest for consideration the expediency of building 
 some armed vessels on Lake Erie, for tl»e purpose of preserving the com- 
 munication — consider, }ou have three miUtary posts to the North and West 
 of these waters, and no other communication with them." 
 
 It is true this memorial was written in time of peace — but the suggestion 
 as to the naval force could only l)e witli reference to it's use in war. I do 
 not know for what purpose this memorial was read by the Judge Advocate, 
 unless it were to shew of what, importance I thought our possession of De- 
 troit — Sir, my opinion on that subject has ever been and is yet the same a.* 
 is expressed in that memorial — I thought the administration liad the same 
 sentiments — and thereiore I was the more firmly persuaded that the ad- 
 ministration would have taken every possible means to support the army 
 which was sent for it's protection. At the moment I was surrendering 
 that fortress, a conviction of it's great importance increased the poig-nant 
 regret I felt for the necessity of the measure. 
 
 On the 6th of March, 1812, which was about a month before I was appoint- 
 ed to a command in the army, I addi-essed another memorial to the admin- 
 istration which is so important to shew my yiews with respect to the force 
 to be directed against Upper Canada in the event of a war, that I beg leave 
 to read the whole of it — It is in the following words : 
 
 " Washixgto;^, 6th March, 1812. 
 (COPY.) 
 
 "SiK, 
 
 " The prompt manner in wiiich you have adopted measures for 
 the protection of Detroit and the other settlements in the territory of 
 Micliigan, inspires me with confidence that such ulterior arrangements will 
 speedily be made as the peculiar situation of that section of the United 
 States may require. 
 
 " IIow far tlie measures already adopted will give security to that pari 
 of the country in the event of war witli Great Britain, is a subject wortIi3 
 of consideration. 
 
 " Officers of a company have been appointed with orders to recruit la 
 the territorv. 
 
 " The secretary acting as governor has been authorized to make a d>^- 
 achmeiii of four companies of militia and call them into actu.tl serviT, 
 
30 
 
 •* The commanding officer of fort Detroit lias been directed to erect bat- 
 teries on the banks of the river Detroit for the protection of the town. 
 
 " These, as incipient measures I very much approve, and was j)articular- 
 jly pleased with the decisive manner they were adopted. It must be appa- 
 rent however they add no physical strength to that section of the country. 
 The force already there is only better organized and prepared to be called 
 into action. By comparing this force with the force which may be oppos- 
 ed to us, will evince the necessity of additional means of defence, if the ter- 
 ritory is worth preserving. 
 
 " In the fort of Detroit I understand by the last returns there are less 
 than one hundred regulars — the population of the territory is less than five 
 thousand — and this population of the territory principally of Canadian 
 Character — Connected with the post of Detroit, and tliree hundred miles 
 "North, is tlie island of Michillmackinac, where is a fort garrisoned by a 
 company of regulars. Near the South bend of Lake Michigan on the 
 Westerly side is fort Dearborn, likewise garrisoned by a company of 
 rcgidars." 
 
 *' This is all the force on which we can at present calculate for the 
 safety of our frontier and for the protection of the Indians which the Unit- 
 ed States are bound by treaties to afford. 
 
 " 2^0 support can be derived from the Indian Nations, even in the event 
 of war, because our officers are instructed to advise them to remain neu- 
 tral — and not to accept their services if they should be offered. \ 
 
 •' I will now consider the British force opposed to this pai"t of the Unit- 
 ed States. 
 
 " A fort at Amherstbcrg at the mouth of the Detroit river, garrisoned 
 by about one hundred British troops — another fort on the island of St. Jo- 
 seph's at the mouth of the river St. Mary's, garrisoned by abovit fifty 
 Uritisli troops— two armed sliips on Lake Eric, which command the waters 
 and would prevent all communication from the States through tliat chan. 
 nel— a population of at least fifty thousand in that part of Upper Canada 
 which is connected wltli the Detroit river and Lake Erie, and could easily 
 be broug-ht to operate against our Kcltlcments— about four tliousand men, 
 priiicipaUy Canadians emjiloycd in tlie Imlian trade and under British in- 
 fluence—and lastly may be reckoned all the Indians in Upper Canada, and a 
 Jargc proportion of \lie powerful nations residing in the territory of 
 tlic United States, who now hold a constant and friendly intercovirsc with 
 the British agents, and are liberally fed and clothed by the bounty of the 
 British government. 
 
 " It apijears from this statement that the Brltisii force which can be 
 brought to operate against us in the territory, is more than ten lo one. 
 without Including tlic Indians. 
 
 «' Itrecjuircs no difficult reasoning to determine what must be the con- 
 sequence—that part of the United States vnist tall into tlie hands of the 
 British governnu-nt, with all the Inhabitants— tlic forts at Chicaga, Mich- 
 Uimackinac and Detroit, und all the public stores, with the public M\d 
 private vessels on tlie J^ake. 
 
u 
 
 " This will give 'our enemies the entire command of all the counttf 
 North and North-west of the Miami of Lake Erie — and the settlements on 
 tlie western part of the state of Ohio, will be subject to the depredations 
 of the powerful northern nations of savages. There is nothing in my opinion 
 (in the event of war) can prevent this state of things but an adequate foijce 
 on the Detroit river, opposite to the settlements in Upper Canada. It may 
 be asked how is this force to be placed there, and how is It to be supported ? 
 If sir, we cannot command the Ocean, we can command the inland Lakes of u 
 our country— I have always been of the opinion that we ought to have built * 
 as many armed vessels on the Lakes as would have commanded them — we 
 have more interest in them than the British nation, and can build vessels 
 with more convenience If, however, there is no intention of the kind, 
 that commwnication must be abandoned until we take possession of the 
 Canadas. 
 
 *' The army which marches Into the country must open roads through 
 the wildei'ness, and the supplies and provisions of whatever else may be 
 necessary, must pass by land through the state of Ohio. If the conquest 
 of the Can-idas is the object of the government, they will then have an 
 army in a proper situation to commence the operations, and at the same 
 time protect the defenceless inhabitants and control the Indians within 
 ftur territory. The answer probably may be, it is more expedient to leave 
 the Michigan territory to It's fate, and direct the force to Montreal. This 
 will prevent all communication by the St. Lawrence with Upper Canada, 
 and it must of course surrender. In this expectation I think It probable 
 tliere %vould be a disappointment — if a force is not sent sufficient to oppose 
 the British force which may be collected at Amlierslberg and it's vicinity, 
 Detroit, Michllimackinac and Chicaga must fall — the inhabitants must 
 once more change their allegiance, and the Indians become the exclusive 
 friends and allies of the King their great Father. In the garrisons at these 
 places they will find large quantities of arms and military stores of every 
 kind. — Upper Canada and our country of which they will be in the posses- 
 sion, will furnish them with provisions — How then will Upper Canada be 
 conquered by possessing Montreal ? They will be In the quiet possession 
 of their country and a part of our'a — and how are they to be approached ? 
 You cannot approach them by water, because they command the Lakes— 
 In approaching them by land you must pass through a wilderness filled 
 with savages imder British control, and devoted to British interest. The 
 Consequences of such an attempt may probably be best learned from the 
 hlstoi-y of the campaign in that very country conducted by Gens. Harmer^ 
 St. Clair and Wayne. In Upper Canada they liave a governor who Is a 
 Major Gen. in their army — who commands the regular troops, the militia 
 and the Indians — the whole force of the country is therefore combined 
 under his command and may be diiected to a single point without any 
 collision. 
 
 " From the preceding state of facts and observations it must be appa- 
 .9cnt that for Detroit and the settlements in It's neighbourhood — and like- 
 wise Michilimackinac and Chicaga under present circumstances are in the 
 
3S 
 
 f/owcr of the British — and that their possession of ihcm would be eX- 
 trcmciy calamitous to the United States. 
 
 '« In the event of peace with England I am of opinion that the nortliern 
 frontier ought to be better protected than it is at present in the event of 
 war — and the object being tlic reduction of the provinces of Upper and 
 liower Canada, I think it must be evident that tlie establishment of an 
 nrmy at Detroit, sufTicient to defend tliat part of the country, control the 
 Indians, and commence operations on the weakest points of defence oi 
 the enemy, Vvould be an incipient measure indispensably neccssaiy. "With 
 respect to the other points of attack I sliall make no observations, as I 
 probably shall have no agency in them. In considering this subject I have 
 endeavoured 1o divest myself of all local feelings, and grounded my obser- 
 vations and opinions on public considerations alone. 
 
 " 'I'wo things appear to me to be certain, one is tliat in tlic event of war, 
 the enemy Vvill attempt to take possession of that country, with a view to 
 obtain the assistance of the Indians residing in our territory ; and the 
 other is, that under its present circumstances of defence, it will be in 
 their power to do it. A pai't of your army now recx'uiting may be as v.'cll 
 supported and disciplined at Detroit as at anj' other place. A force adequate 
 to the defence of that vulnerable point, would prevent a war with the sav- 
 ages, and probably induce the enemy to abandon the province of Upper 
 Canada without opposition. The naval force on the Lakes would in that 
 event fall into our possession — .and we should obtain the command of the 
 waters without the expence of building such a force. 
 
 " The Britisli cannot hold Upper Canada without the assist.ance of the 
 Indians, and that assistance they cannot obtain if we have an adequate 
 force in the situation 1 have pointed oirt. 
 
 " There is another consideration very important. It will do more to 
 prevent a general Indian war, as far West, and beyond the Mississippi, than 
 an)' other measure. The Indians cannot conduct a war without the assis- 
 tance of a civilized nation. 
 
 «' The r.ritisli et^tablisiiment at Amherstberg is the great emporiuni 
 from whicii even the most distant Indians receive their supplies. A force 
 at the point I mentioned would prevent all communication of the Indiana 
 with that post — indeed sir, in every point of view in which the snbjcrl 
 can be considered, it appears to me of the first importance to adopt tin' 
 measure." 
 
 T am very Rc!!]xctfully 
 
 Your most ob't sor\ant, 
 
 AVM. HULL. 
 
 To this docmnoiiL is annexed a copy nf .\ letter from mc to the sccrctar\ 
 at war, and the two documents arc certified as authmUic documents ii' 
 t!ic following w(U'ds : 
 
 " Copy of the Original on file in the War-Oflice." 
 
 I). I'AUKER, Cliicf Cleric. 
 
 (;an it be supposed, after this exposition of my views of what would bo 
 lb<><>nf'n;v\ fnrrr rind si'iia^inu, that T could cvrr h:ivf^ talton the commaiT'f 
 
33 
 
 <:it,ahout four bimdred regular troops and sixteen hundred militia, to eiFett 
 fjy means of such a force, without any assistance or co-operation, the con- 
 quest of a province, a part only of which T had represented as containing; 
 iifty thousand inhabitants ? That I could have contemplated an attack oii 
 an enemy, having at it's disposal a body of regular troops, the control 
 over countless savages, and the great advantage of the command of the 
 Lakes and waters ? This memorial was received and approved by the 
 government. This in itself is proof of their adoption of its sentiments — and 
 that it was their opinion as well as mine, that in the event of a war, such an 
 army as was put under my command could do nothing offensive, without 
 we had a naval force on the upper Lakes — and without a co-operation on 
 other parts of the enemie's territory, which should distract his attention and 
 prevent his bringing the greatest weight of his power on a single point. 
 
 A few days after I was appointed to the command of the Nortli-western 
 army, I presented another memorial to the President, through the war de» 
 partment, in which I was explicit as to what might be expected from such 
 a force as I was to lead — as to the necessity of reinforcements, of our contu- 
 manding the Lakes — and the necessity of a co-operation in other quarters, 
 ;My draft of tliis memorial I have lost in the way which t shall hereafter 
 Explain. The existence of the original and it's general purport is proved 
 by Mr. Eustis, who in his answer to the 6th and 7th interrogatories ad- 
 dressed to him, says : *' I have a perfect recollection of your having presented 
 t!ie memorial referred to in the interrogatory — I recollect he adds, yoilr 
 attendance by ap pointment at the war office — the memorial, or that part 
 if it which related to the naval defence of Lake Erie, was referred or com- 
 municated to the secretary of the navy, who was present — The brig 
 Adams, which had been employed as a transport, under direction of the 
 war department, became the subject of conversation — whether she was 
 i_^being tiien on the stocks repairing) actually transferred to the war depart- 
 ment I do not distinctly recollect — if tliat was the case, tlie evidence is 
 on record." 
 
 Yet this memorial, or a copy of it I have never been able to obtain. I 
 have applied for it to the secretary of war — He referred me to the secre- 
 tary of the navy — the secretary of the navy to Mr. Dallas — to him I appli- 
 «d — and he referred me to the present Judge Advocate who knows noth« 
 Jng of it : And finally when my trial commenced in this city, I addressed 
 a letter to the Prssident of the United States, requesting him to interpose 
 his authority, to procure me a document, which I considered so important 
 ^ in my defence— It was, sir, too much for me to have expected an answer 
 from the President himself, though the time was when such an answer 
 would not have been considered as conferring too great an honour. 
 
 The President referred my letter to the gentlemen at the head of the 
 war and navy departments — They also would not condescend to answer my 
 letter, but handed it over to their clerks. The elevation of these gentle- 
 men seems to have rendered them giddy. I ask, would it not have com- 
 forted with the importance o^the occasion, 'Hir decprtttn doe to ^ old 
 
34s 
 
 man and a veteran soldier, not yet convicted of any crime — for tlie secret 
 taries themselves to have addressed me f 
 
 But in answer to my letter, I received a letter from the cliicf clerk in 
 the war office, dated February 12, 1814 — with a certificate from the chief 
 clerk in the navy department. The letter from the war office is in the 
 following' words : 
 
 Waii Office, Feb. 12, 1814-. 
 
 Sin, 
 
 Your letter of the 1st Inst, addressed to tlie President of 
 ihe United States has been referred to me — In answer to which I liave the 
 honour to state, that all your communications to the Wat department after 
 3-ou were appointed Brig. Gen. in the army, have been transmitted to P. S. 
 Parker, Esq. Judge Advocate of the court martial now setting at Albany, 
 together with such otliers as you Iiad required as far as they could be 
 found on the files of this office. Tlie public records of papers of the war 
 department have been constantly within my observation and charge for 
 several years past; and 1 assure you, Sir, I have never seen or heard of" a 
 memoir pointing out the necessity of a navy on Lake Erie. Since the 
 receipt of your letter I have carefully examined the files and enquired of 
 every gentleman attached to the department, without being able to give- 
 any information on tlie subject." 
 
 I have the honour to be, Sir, 
 
 Very respectfully, your ob't servt, 
 
 DANIEL PARKER, Clk. 
 Brig. Gen. \VM. HULL, Albany. 
 
 It is unaccountable, Mr. President, that a public document of this nature 
 should be lost — that it did exist, and was on tlie files of the war office, is 
 proved beyond controversy, by the deposition of the late secretary at war, 
 xvho swears, that he has a perfect recollociion of it. But a most extraordi- 
 nary part of this letter from the war dejiartnient, is th.at which states 
 that the writer has had the public records and papers of the war depart- 
 ment constantly under his charge and observation for several years past, 
 und yet that he never knew or heard of a memorial, pointing out the 
 necessity of a navy on Lake Erie. Mr. President it is a fact hardly 
 10 be credited, that the copy of the memorial of the 6lh of March, 1812, 
 from which I made that copy which I have just read to the court, is 
 certified as a true copy from the files of the war office In/ the very gen- 
 tleman who writes me tlie letter of the 14th February. Let me quote 
 from the memorial of the 6th March, or rather from the copy certified 
 as I have mentioned above, a passage which is in the following words : 
 " If sir, we cannot command the ocean, we can command the inland 
 lakes of our country. I have always been of the opinion that we ought to 
 have built as many armed vessels on the la]^es as would have commanded 
 them. We have more interest in them than the British nation, and can 
 build vessels with more convenience. If, however, there is no intention «'^ 
 
35 
 
 the kind, that communication must be abandoned until we take possession 
 of the Canadas." 
 
 When the writer of the letter had certified a copy of this memorial but 
 a few days ago — how could he say, that he never knew or heard of a me- 
 morial, pointing out the necessity of a navy on Lake Erie ? 
 
 I will not presume, sir, that the writer of the letter intends an equivoque, 
 and designs that his meaning shall turn upon the use of the word necestity. 
 This I think would not be consistent with the solemnity of the occasion on 
 which his letter is written — nor sir, would it serve him— because it is 
 impossible to read my memoir of the 6th of March, without perceiving that 
 1 do from the beginning to the end, point out the necessity of a navy, 
 in every sense in which the word necessity can be applied on such a subject. 
 I am very far sir, from meaning to insinuate in the utmost degree that the 
 letter from the clerk of the war department contains any intention of 
 misrepresentation. His character and station protects him from such a 
 suspicion, and as the memorial which proves the inconsistency of the 
 letter, has been furnished, the declaration in the letter, could not have 
 been made with any sinister design — and I have only trespassed on the 
 patience of the court, with these observations on this subject, to shew 
 that as the memorial of the 6th of March, 1812, has been so entirely 
 forgotten at the war-office, the certificate from thence that a memorial, 
 pointing out the necessity of a navy on Lake Erie, was never read or 
 heard of, there is no sort of evidence that another such may not have 
 existed as well as that of the 6th of March. 
 
 The certificate from the navy department has been read — it will appear 
 in the minutes — and I shall trouble the court with no remarks upon it. 
 
 In respect to this memorial, I can now only rest upon my own declara- 
 tions, which I think when I am in this manner deprived of the benefit of 
 the paper, I am authorised to make. It did contain a representation in the 
 most explicit and strongest terms, of the necessity of our having a naval 
 force superior to the enemy on the lakes, and that without it, and unless 
 the army I was to command was strengthened by additions to its numbers, 
 and unless it were followed by detachments to keep open the communica- 
 tion, and insure its supplies from Ohio, and unless it was supported by co- 
 operations in other quarters, my army could not be able to maintain itself 
 at Detroit, much less carry on oifensive operations in the enemy's country. 
 
 That such were the views and sentiments of the government as to my 
 
 ' expedition, as well as my own, and that I was not expected to do more 
 
 than protect Detroit and that quarter, and to keep in awe the Indians, 
 
 will furtlier appear from the facts and documents to which I shall now 
 
 refer. 
 
 Upon this subject, I beg to turn the attention of the court to the testi- 
 mony of General Porter. It will prove not only how pressing I was on the 
 subject of a naval force with the Secretaries, but with the President him- 
 self. The deposition of Captain Charles Steward of the navy, states, that 
 ■ it iin interview he had with the Secretary of the Navy, in the beginning- of 
 
April, 1812, the Secretary jnfonncd him, "that it was contemplated to 
 gi^'e him the command on the Lakes — that a naval force superior to the 
 British on the Lakes, had been strongly urged by General Hull, as essential, 
 and as a certain means of ensuring to the army success. 
 
 I beg the court to notice that it is hei-e stated, that I had strongbj urged 
 that the command of the Lakes Avas essential to success. 
 
 The first letter which I received from the Secretary of War after my ap- 
 pouitment, and which is dated the 9th of April, 1812, describes the force 
 which was to be under my command ; the description of itself I presume* 
 must preclude an idea that it could have been intended for invasion or con- 
 quest ; but its objects are expressed in this letter. I am directed as tlie 
 commander of that force, to " adopt such measures with the chiefs of the 
 several tribes of Indians, as might, in my judgment, appear to be best cal- 
 culated to secure the peace of the country." 
 
 In the first letter which I received from the war department, dated the 
 nSth of June, and which was delivered to me on the 26th of the same 
 xnonth — I am dlrecti?d to pursue my march to Detroit with all possible ex- 
 pedition ; and the second letter from the Secretary at War of the same 
 date, which announced to me the war, gives me the same possitive com- 
 mand to proceed to that post. If the army I commanded, had been deem, 
 ed competent to carry on offensive operations against the enemy, without 
 any assistance or support, my orders would certainly have been of a differ- 
 ent n.ature. It would have been left to my discretion to p ursue such mea- 
 sures, as I miglat have judged most efficacious. With an army competent 
 to make an invasion, Detroit Avould not have been the point from which it 
 should have been made. 
 
 A station opposite to Amherstberg, would have been on many accounts 
 a preferable position ; but Detroit was the proper situation for the army, 
 for the purpose of protecting the territory and inhabitants of Michigan, and 
 of keeping in awe the Indian tribes, 
 
 I beg tliat it may be observed, that 1 do not pretend that it was not con- 
 templated, that tlie army I commanded when I was appointed to it, might 
 jbe emplojcd in offensive operations against the JJi-itish in the event of a 
 %var ; but I am endeavouring to sliew, and I trust shall satisfy the court, 
 that neither myself or the officers of the government, ever supposed it 
 would be competent to act as an oflxinsive army, unless It was assisted and 
 supported; or imless as was supposed might be the case, such a defection 
 of the inhabitants of Canada to the government, and a wiion of tlic Indians 
 with us, should happen on the appearance of my army, as would in a great 
 measure destroy the enemy's means of resistance. 
 
 The ne.\t letter I received from the Secretary at war, is dated the 34th 
 ■of June, 1812. This letter informs me, tliat I am authorized to commence 
 offensive operations. This would not have been the language addressed to 
 me uiJon this occasion, if the government had supposed I had a force suffi- 
 cient to commence such operations. In that case, I should have received a 
 command instead of an authority. In this letter, the Secretary adverts tr-. 
 
3y 
 
 my taking possession of Maiden ; but not as if he supposed I had the powei' 
 of doing it. I am not to make the attempt, unless the force under my com- 
 mand, should be equal to tlie enterprise ; nor unless I could do it consist- 
 ently with the safety of my own posts. 
 
 The caution which it is thought necessary to communicate to me by this 
 letter, to be limited in my assurances of protection to the Canadians, and 
 the noti,ce that it conveys me that an adequate force cannot be relied upon 
 for the reduction of the enemy's posts below, is evidence that my army was 
 not thought sufficient to maintain itself in the enemy's country without as- 
 sistance and co-operation. 
 
 In my letter to the Secretary at war of the 9th of July, 1812 — which Islii 
 answer to that I have last mentioned, in which I am told that I am author- 
 ized to commence offensive operations, I expressed in the most explicit 
 tenns my opinion of the inadequacy of my force to the only. offensive ope- 
 ration which could be undertaken from that quarter — My \f|^ds are — " The 
 British command the water and the savages — I do not think the force here 
 equal to the reduction of Amherstberg — you must not therefore be too 
 sanguine." I beg the Court to I'emark that this letter was written imme- 
 diately after my arrival at Detroit, and a few days before I passed into 
 Canada — of course before I had any knowledge of the fall of Michilimacki- 
 nac — an event which had so decisive an influence on my subsequent 
 operations. 
 
 On the 10th of July I wrote two letters to the Secretary at war, both on 
 the subject of provisions for the army — I mentioned to him in the first that 
 the contractor could not furnish the supplies on account of the lakes being 
 closed against us by the British naval force — In the second letter, I reit_ 
 erate the same information, and also inform the Secretary that I have made 
 a new contract for provisions, which as they cannot be transported on the 
 lake, must be carried on horses from Ohio thrjough the wilderness. My 
 letter concludes with these words : " The communication must be secured, 
 or this army will be without provisions. Troops will be absolutely neces- 
 jiary on the road to protect the provisions. This must not be neglected. 
 Tf it is, this army will perish by hunger." 
 
 The receipt of tliese letters is acknowledged by the Secretary at war ia 
 his letter to me of the 26th of July, 1812. To this letter from the war de- 
 partment I wish particularly to direct the attention of the Court. It shews 
 that the Government well understood the situation of ipy army, and how 
 much it stood in need of assistance and support. 
 
 By this letter I am informed, that Governor Meigs has been directed to 
 furnish troops to guard the road and insure the transpoi'tation of provisions, 
 that General Winchester had been ordered to reinforce me with fifteen hun- 
 di'cd men — that a force was collecting at Niagara — that the commander in 
 chief would be apprised of my situation, and directed to take measures to 
 afford me the necessary support. 
 
 It is not my intention at this moment to shew that none of the expecta- 
 tions which this letter authorized, wei'e ever realized. I now refer to it 
 only as I have mentioned to prove that the officers of the c.'cecutive govern- 
 
38 
 
 inent must have considered my army, situated as it was, incompetent id 
 carry on of itself effectual operations against the enemy. 
 
 In my letter to the Secretary at war of the 19th of July, are the following 
 pajagruphs. 
 
 " If you have not a force at Niagara, the whole force of the Province will 
 be directed agamsl this army." It is all important that Niagara should be 
 invested — ull our success will depend on it. 
 
 There has been read by the Judge AdVocate a letter from the Secretary 
 at war to me, dated the 1st of August. This letter I never received. It 
 however shews no less on that account how necessary it was thought tliat a, 
 decision should be made in favor of the army I commanded. I therefore ex- 
 tract from it the following paragraph. 
 
 «• On the 26th July your letters of the 7th and 10th were inclosed to 
 General Dearborn, with a copy of mine to you of the 26th, accompanied \vith 
 a request thafifc would 'make a decision in your favour. The General 
 must have received this letter at Albany. By tlie mail of this evening- 
 your's of the 29th is inclosedto him, with an instruction to make a diversion 
 at Niagara and Kingston as soon as practicable " 
 
 In another letter from tlie Secretary of war of the 1st of August, he ac- 
 knowledges the receipt of my proclamation to the Canadians. I now refer 
 to that proclamation merely to direct the attention of the Coiu-t to that part 
 in which I say " that the force I commanded was but the vanguard of a much 
 greater" — I do this to shew the confidence I then had tliatthe corps I com- 
 manded was to be reinforced and supplied. 
 
 On the 20th of August the Secretary of war addressed a letter to me 
 which I did not receive — but from which I here quote a paragraph to shew 
 how necessary he thought co-operation was for my support — The paragraph 
 is in the following words — " Orders have been given to General Dearborn to 
 attack the enemy's posts at Niagara and Kingston as soon as may be prac- 
 ticable. Our force at Niagara, uccording to '. «neral Dearborn's account, 
 will amount to twenty -four hundred — and he will notify you of such move, 
 ments and operations as he may order." 
 
 It is from these documents which have all been introduced by the Judge 
 Advocate, that I prove what I have undertook to do — that when I took com- 
 mand of tlie north western army, it was understood by the Administration, 
 as well as by myself, that in tlie event of a war with Great Britain, my force 
 was to be augmented — that my communication with the State of Ohio wav 
 to be jjreserved by tioops from that quarter — that tlie Lakes were to be 
 commanded by us — and that my operations were to be facilitated by divis 
 ions on the frontiers below me. 
 
 The Court will hereafter perceive what an important influence a disap- 
 pointment in ull these particulars had on the events under consideration^ 
 and will not therefore I hope thisk 1 have uselessly trespassed on their 
 time by detaining them so long on this part of the subject. 
 
 I cannot, however, omit one farther remark. I would ask the Court if 
 subsequent events do not exclude a supposition that the Administration did 
 expect that my army was in all t vents to be of itself adequate to the invasion 
 
<39 
 
 anS conquest of the enemy's Country — unless it be admitted that there was 
 an entire ig'norance of what was necessary to accomplish these objects — for 
 we have since seen General Harrison with an army more than quadruple to 
 that which I led, for more than a year threatening the enemy on the same 
 point where he was invaded by my army — and though ten thousand troops 
 M'ere co-operating with him on the points where I had been led to expect 
 co-operation — yet he had not dared to set his foot on the enemy's shore 'tiill 
 •ifter our glorious naval victory on lake Erie — and was then obliged to con- 
 tent himself v.'ith the possession of no greater territory than his troeps 
 could cover. 
 
 I must entreat the Court before I proceed to the consideration of other 
 matters to indulge me with the repetition of a remark which is so necessary 
 ^or the understanding the subsequent parts of my defence, that I am anxious 
 to impress it on their minds. It is that though as I have said, and I trust I 
 have proved it was understood both by the Admmistration and by myself, 
 that the force which I commanded would not in all events in case of war be 
 competent to the invasion and conquest of Canada — yet both the officers of 
 the Executive Government and myself did contemplate that in certain events 
 I might with the army which I led subdue the enemy's posts in the Upper 
 Canada — It was contemplated and believed that there would be a very 
 general defection of the Inhabitants of that Province — and that many of 
 tliem would arrange themselves under the American Standard— and it was 
 nlso contemplated and believed that it would be possible for me to draw 
 from them the aid of the Savages. 
 
 When I landed in Canada, and previously to the fall of Michilimackinac, 
 there wis every reason to believe that these expectations would be realized' 
 Until that event took place, of which the enemy had notice about the 2nd of 
 August, I had those sanguine hopes of success which I had expressed in my 
 proclamation and in my communications with the war office — But after that 
 misfortune, the scene was entirely changed ; from that moment I saw thatv 
 although it was possible that I might obtain temporary advantages — yet that 
 they would eventuate in the greatest disasters, unless I was aided and sup- 
 ported from other quarters. 
 
 Thus gentlemen I have endeavoured to shew you that I took the command 
 under the expectation that in the event of a war, the operations of my army 
 would be assisted by a competent force upon the Lakes — by detachments to 
 keep clear the communication which I had opened through the wilderness — 
 andby the co-operation, or at least such a demonstration offeree against 
 other parts of the enemy's territories, as would prevent his directing all his 
 energies to the point where I might meet him— But it unfortunately hap- 
 pened that none of these expectations were fulfilled. 
 
 The effects of these disappointments will afterwards be considered. 
 
 The Court then adjourned to meet tomorrow morning at eleven o'clock. 
 
 Wednesday morning, J\Iarch l&th, 1814. 
 
 The Court met pursuant to adjournment — present all the members. 
 General Hull appeared in Court : Capt. H. F Hull's affidavit read by 
 General Hull 
 
40 
 
 General Hull then proceeded to read liis defence as follows : 
 I now assume my vindication of tlie measures which form the most prom- 
 inent features in my accusation ; that is to say the delay at Sandtvich, thf 
 retreat from thence, caul the surrender at Detroit. 
 
 It is necessary for me to explain the %iews and intentions I had, when I 
 yielded to the importunities of my officers and crossed to the enemy's 
 country. 
 
 It must be recollected that the orders I received in the letter of the 18th 
 of June, which announced the war, directed me to proceed to Detroit and 
 .'here to wait for further oi-ders. 
 
 Finding- tliat an impatience to cross, had been excited in the army, which 
 was likely to be extremely Injurious to my authority and the discipline of 
 the troops, I called a council of war, and laid before tl\e officers, the orders 
 by which I was then io2<Hf/, and asked tlicir advice, as to the expediency of 
 crossing-. The council, notwithstanding' my orders were of opinion that I 
 ought to cross. I did not feel myself at liberty to follow their advice, and 
 determined not to do so. 
 
 But on the same day I received the Secretary of war's letter of the 24th 
 of June, in which he says — " Should the force under your command, be equal 
 to the enterprize, and consistent with the safety of your own posts, you will 
 take possession of Maiden, and extend your conquests as circumstances 
 may justify." 
 
 I did not think the force under my command equal to tlie conquest of 
 IMalden, nor did I think that with such a length of line o^ communication as 
 it was requisite for me to keep open, I ought to make tlie attempt. My 
 Tetter to the Secretary at war dated on this same 9th of July, which 1 have 
 already quoted, expresses this opinion of the Incompetency of my force» 
 in terms not to be misunderstood. Yet as soon as I had received this last 
 mentioned letter from the Secretary, I determined to take post in the enc 
 my's covmtry — My reasons for this determination were that I hoped thereby 
 to satisfy the Impatience of my oflicers, and preserve tiie confidence of mj 
 army, which, expressions of discontent v.'ere likely to impair — I should 
 command the streights, and thereby prevent the enemy from sending suc- 
 cours to tlieir northern posts, or carrying on the important trade of tliei)^ 
 north western company. I knew that it would have a g-reat effect upon 
 'he Indians, to shew them the American flag, flying on both shores ; and | 
 tioped, by establishing myself at Sandwich, to facilitate and increase tlu- 
 defection to the British Standard, which had manifested itself among the 
 ■nhabitants and militia, and their Indian allies. My views in taking post in 
 ihe enemy's Territory, are expressed in my letters to the Secretaiy of War 
 Sir, my letter of tlie 9lh of July, I had as I have above mentioned told hini 
 I thouglit my force incompetent to attack Maiden. In my letter of tlie 13tli, 
 written from Sandwich, 1 say " I consider the possession of this bank as highly 
 important — by erecting one or two Batteries oj)posite the Batteries at Dc 
 troit, the river will be completely commanded. In the rear of the army on 
 '.he Detroit river, J.ukc .''/. Cluir, and the I'ivcr La French, is a populous ami 
 valuable part of tlie province. It is likewise probable, when the Indians see 
 .'he American Standard on both 'lidts the river, it will have a faVourabl- 
 
4ii 
 
 i intended, nevertheless, without loss of time, to make preparations fot 
 putting in a State of service, my field Artillery, for t>n attack on Maiden; 
 and whenever that should be ready, and I should find that the enemy's force 
 was most likely to be further weakened by desertions, I would make the 
 attack, if I had a prospect of co-operations and support from below — with- 
 out which I thought, and I think recent events will prove that I thought 
 correctly, I could neither preserve my own posts on our side of the river, 
 or that which the enemy then possessed, if I should be eo fortunate as to 
 wrest it from him. 
 
 My officers, however, were not less importunate for proceeding imme- 
 diately against Maiden, than they had been to cross the river. I felt my- 
 self compelled to yield to their importunity, and had appointed a day for 
 the attack. But before that day arrived, I received intelligence that de- 
 termined me to postpone the enterprize and to recross to Detroit. 
 
 As preliminary to my vindication of these measures, it is important to 
 consider what numerical force I could command whon I crossed into 
 Canada, it's nature, and the probable force and strength of tl:e enemy. 
 
 In every stage of this trial, I have felt as a great misfortune, the want 
 af that documentory evidence, which might be expected from me. This 
 arises from the loss of the Packet which sailed from the Miatni — and from 
 the more recent loss of all my baggage, and most of my papers. When I 
 left Detroit a prisoner, I left my baggage with my daughter Mrs. Hick- 
 man, to be carried to my house by her. She soon after embarked in the 
 enemy's brig Adams for fort Erie. On her arrival thete, she was per- 
 mitted to go to BufFaloe, leaving her own and my bagagge on board the 
 brig. The same night the brig was taken by Commodore Elliot, re^ 
 taken by the enemy and burnt, with all my baggage on board. This 
 loss of my document:, has left the witnesses who testified against me, to 
 speak on many important points, from estimation and conjecture — and 
 they seem to have availed themselves of the liberty, so as always to make 
 their estimates such as would be most against me— I shall myself be 
 obliged often to speak of numbers from conjecture and estimate — but when 
 I do so, I shall endeavour to present to the court the data on v/hicii my 
 estimates were founded. 
 
 Major Jessiip, the Brigade Major, says, that we moved into Canada 
 with sixteen or eighteen hundred men— now neither the Michigan Legion, 
 or the Michigan militia crossed with the army into Canada, and besides, 
 there were, as the court v.'lll recoilcct has been testified by several of the 
 witnesses, a portion of the Ohio volunteers who refused to cross, this 
 number was about 180. Major Jessup further testifies, " That some 
 time early in August, a few days previous to leaving Canada, he was call- 
 ed into a council of v/ar to explain a report of brigade, and that there were 
 then eighteen hundred effective men in Cmw.dii and at Detroit. The 
 Arichigan Legion vrere included iji the 1800, but the Michigan militia, 
 were not." 
 
 Now if there were but 1800 belonging to the brigade at this time, in- 
 f Iiulmg nil th,t were either with me m Crtnadn, or .-.t Detroit, ani include 
 
 6 
 
4S 
 
 iiig tiie Legion, liow could 16 or 18 hundred haw crossed with mc 
 At the time that this report of Major Jessup's was made, we had lost bu'^ 
 few of the troops that liad crossed, and from the amount which he gives d" 
 the whole forces at that time, to ascertain what was the number that 
 crossed, must be deducted the Michigan Legion and the Ohio volunteers 
 that refused to pass the river. This will leave an amount much short of 
 the sixteen or eighteen hundred, with which Major Jessup says we pass- 
 ed into Canada. 
 
 The court will remember that by a muster-roll and return, made at fort 
 rindly on the S6th of June, which has been exhibited by ihe Judge Advo- 
 cate, the whole force which I then had under my command, amounted t« 
 1,950. I was obliged to leave detachments at M'Arthur's block house, at 
 fort Findly and at the Miami. There were about forty invalids taken i« 
 the Vessel that sailed from the Miami. I left some sick at the river liai- 
 sin, and the whole force with which I arrived at Detroit, I am convinced^ 
 did not exceed 1500 men — and I am confident, that the force with which 1 
 passed into Canada, did not exceed fourteen hundred. What proportion of." 
 the militia which I had with me at Sandwich would have been effective to 
 lead ag'ainst the enemy, the court may judg'e from treneral experience. 
 
 Major Van Horn has testified that when detacliinents were ordered, i; 
 was always found that not more than two thirds of the command ordered 
 could be march€!d. I do not believe that at any time I could have led 1309 
 effective men against Maiden, of these there was only Col. Miller's regiment 
 of less than three hiindred, that had seen any service — The rest were Mi- 
 litia, who though, they were very ardent and patriotic in their expressions, 
 had had no experience, and neither men or officers had ever been tried. It is 
 not extraordinary that I should have felt some want of confidence in these 
 raw-troops for sucli a contest as wc must have expected before Maiden^ 
 when it appears by the testimony of Col. Miller, that their own officer.-. 
 ^^ ere not willing to be responsible for their firmness in an assault. Col. 
 Miller states that in :x council in which the propj-iety of attacking Mai- 
 den was discussed, at which Gen. M'Arthur, Cen. Cass and Col. Findly 
 were present, " Gen. Hull Said, if we would answer for our men, he would 
 l(^ad us to iSlalden. I told him I would answer for the men I commanded 
 but the others said thcj' would not be responsible for their men, but be- 
 lieved they would behave well." 
 
 I know, sir, that it may be said that my proclamation to the Canadians 
 and my lettcr.s to the .secretaiy at war, hold a different language. That 
 in the.se I speak with confidence of attacking Maiden, and of the excel- 
 lence and sufficiency of my force. And I presume tlie specifications refer 
 to my proclamation and to these letters, whc; they allege that I had de- 
 clared and avowed my intention of attacking and subduing Maiden. I 
 <:annot conceive that the.se declarations could jiroTe me guilty, if my mea- 
 sures without them, would not //ove been so I do not sec that they can in 
 any way be made the test of the propriety or impropriety of the course I 
 ])\nsucd. It would be hard indeed, if every general were to be judged 
 criminal, who did not acomplish «// the intentions lie may have avowed. 
 
43 
 
 'i^is would be a pule, which I presume, there are many generals would nOi- 
 consent to establish. If it were adopted, no change of circumstances 
 •Kt>uld justify the relinquishment of a design once formed. 
 
 I think, when it is considered under what circumstances my proclamatioji 
 was published, it will not be thought just to adduce it as evidence against 
 me on this -occasion. I was then in an enemy's country, the inhabitants ol" 
 which were sufficient, independent of his regular force, which was establish- 
 ed near me, and of his Indian allies, to overwhelm the army I commanded. 
 I had no pi-ospect of even maintaining myself, much less of making con- 
 quests, unless I could induce a great portion of those inhabitants to for- 
 sake his standard. It was inciunbent on rae to use all means to deprive 
 him of aid from the savage tribes. I knew that these two objects could 
 only be effected by representing mj'self as having the utmost confidence 
 in the force I commanded, and that it was able to overcome all opposition. 
 With these views I published the proclamation. And indeed the force I 
 commanded would have been equal to all I represented, had the same 
 spirit of desertion and defection continued, which had manifested itself in 
 the enemy's country, when we first invaded Canada. 
 
 But unfortunately before we retreated, all calculations founded on this 
 basis had failed. 
 
 In my letters to the war dep^ment, down to the Utter end of July, 1 
 speak with confidence of attacking Maiden whenever the field artillery shall 
 be prepared. But I beg the court to recollect, that this confidence was 
 grounded upon the exjiectation that I then entertained, that the enemy 
 would be weakened by the desertion of his militia, and tlie abandonment 
 of the Indians. In all my letters which speak of the intended attack, I 
 mention also the daily desertions from the enemy's standard. That I did 
 not rely on the competency of my own force, until the enemy's should be 
 reduced, must appear from my letter of the 9th of July, to which I have 
 more than once referred. 
 
 About the first of August, we received the account of the fall of Michil- 
 Imackinac. On the fourth I wrote a letter to the secretary from which 
 f he following az'e extracts ; 
 
 " At the time the army under my command took possession of this part 
 of the province of Upper Canada, every thing appeared favourable, and all 
 the operations of the army have been successful. Circmstances have 
 since occurred which seem materially to change our future prospects. 
 The unexpected surrender of Michiliraackinac, and the tardy operations 
 of the army at Niagara, are the circumstances to which I allude. I have 
 overy reason to expect, in a very short time a large body of savages from 
 the North, whose operations will be directed against the army." 
 
 After these observations I do not believe that the court will think that 
 it is to be justly inferred, either from my proclamation, or from my letters, 
 that I considered my force under any circumstances which existed before 
 Ve left Canada competent to the reduction of Maiden 
 
 The force of the enemy, Lieut. Forbish states was towards the Last c,f 
 
44 
 
 July about 1/0 regulars, and 550 militia. The Indian force could never 
 be ascertained with any precision— it could not have been less than near a 
 thousand. I always supposed the enemy's force greater than this infor- 
 mation makes it. But whatever may have been the force of the enemy, it 
 must have been estimated as very considerable by some of my officers as 
 ivell as myself. The court will recollect, that when I made the detach- 
 ment under Ccl. Van. Horn to the river Raisin, and Cols. Cass and M' Ar- 
 thur remonstrated with me against the sufficiency of this force, they each 
 proposed to . go on that expedition with his regiment. If the enemy had 
 not appeared to be somewhat formidable to them, they could never have 
 advised me to make so large a detachment as six hundred men, on a 
 service, in which they could only have expected to meet a small pai't of 
 his force. Col. M'Arthur has ofFei'ed other evidence of his opinion of the 
 power of the enemy. For when I proposed to leave him v>ith his regi- 
 anent on the Canada shore, he charged me with liaving an intention to 
 eacrifice him, by leaving him with such a force at that post, althougli ho 
 would have been in an intrenched camp, with lu-tillery, wliere lie would 
 have had also some protection from the guns at Detroit, and would be in 
 veach of instant support from thence. 
 
 The fort at Maiden I was well acquainted with. In time of peace I had 
 often been in it. I knew that it was capable of being made a place of 
 strength, and that in contemplation of a war, the British for some time^ 
 had been using gi-eat exertions to put it in the best possible state of de. 
 fence. I knew for near twenty years a field officer had commanded, and 
 about an hundred regular troops had constantly been stationed in it, and 
 Ihat there always had been a regular corps of British artillery attached to 
 •ihe command. The question was, whether the troops I had under my 
 command, so few of whom had ever been tried, I was to attempt to carr}" 
 this fortress with the bayonet .' For myself p^^rticularly, when I consider- 
 ed what would have been the ccntcqucnccs of an unsuccessful attempt, I 
 had a strong conviction that it would be wrong to make the efibrt, until 
 •wc coulu have the advantage of heavy arVillciy. But finding tliat many of 
 jxw officers who had seen no service, were impatient at delay, and were 
 destroying ni)- influence with the aimy, and its discipline, by their 
 complaints and censures — for their satisfaction, and not lor my oiun, nor 
 for my o-un justification, two day$ after I crossed, that is, on the 14Ui of 
 July, I called a council of war, in whitli it was decided that no attempt 
 ougiit to be made on IMalden, without the heavy artillery. My utmost 
 <?xertior.?; were then used to get in readiness the two twenty-four pounders 
 and twohov.itzers which were at Detroit. Carriages were to be made foF 
 .'hem entirely new. Though a delay in those preparations is one of the 
 ';hargcs made against me, not a witness has attempted to support it. In- 
 leed, gentlemen, I daj-e, appeal to every officer who was with me, and 
 ivlio ia willing to speak the truth, whether I did not use all possible 
 /r.eans, and make all personal exertion to accomplisli as speedily as porf i- 
 ■Jjle this desirable object. I several times crossed tlie river myself, to in- 
 ,,ncrt antl hasten *Ijc pjlifictrp. J orJcrcU plapk to be taken cfl" my o-vn 
 
45 
 
 house to furnish a cecessaiy part of the matevials for the gim carriag'os. 
 Capt. Dalliba in his second examination states, that he received an order 
 to prepare the heavy artillery, after the army had crossed to Canada — ^he 
 thinks it was on the 15th or 16th of July. My recollection is that the 
 order was give on the 14th, that is, the day after we crossed, and on the 
 fery day that the council of war advised that the attack should not be 
 made without tlie hea^y cannon. From that time it is not pretended there 
 TTas any delay in preparing them for service, and could not have been, with- 
 out llie fault of the officer who was trusted with the service. Until we 
 crossed to Sandwich, the artificers were employed, as appears by the testi- 
 mony of the same witness, In mounting' tlie guns of fort Detroit. ^ I beg the 
 court also to notice the testimony of Col. -Miller on this point. He says he 
 saw no want of exertion in preparing the artillery. The necessary field 
 .irtlUery was not prepared until the 7th of August. Two days previ- 
 ous to this I had called another council. The members determined it 
 would be advlseable to wait two days for the artillery, and If it was not 
 then ready the attack ought to be made without It. I did not concui- in 
 this opmion. Indeed, the opinion oftlie officers In this and the former 
 council, appeared to me inconsistent. For if, according t« the decided 
 opinion of the first council, it was then improper to make the attack with- 
 out heavy ordnance, why was It not as necessary, when the last men- 
 tioned council sat ? And if it were proper to wait two days for the artil- 
 lery, according to the opinion of the last council, why was it not proper 
 to wait longer ? It may be said that between the first and second council, 
 the enemy's force had dimlnlslied by desertion. No doubt It had as to 
 numbers— great part of the militia had left them, and many of their Indian 
 allies, but the fort of Maiden retained all its strength, and there was no 
 doubt but that their regular force (of which not an individual had desert- 
 ed) and their remaining militia, was sufficient to man it. Indeed, rein- 
 forcements had arrived from fort George, both in the brig Hunter and one 
 other vessel. At this council I found that nothing would satisfy my offi- 
 cers or the army, but a movement towards the enemy. 1 felt myself oblig- 
 ed to yield to the advice of the council, and did, as Gen. Cass has testified, 
 declared that I would lead the army agauist Maiden, as soon as the heavy 
 artillery should be completed. 
 
 My opinion was that an attempt on Maiden should never be made imtll 
 'here was an absolute certainty of success. This opinion was founded not 
 only on considerations, which I shall hereafter mention, but upon the order 
 i had received from the war department In the Secretary's letter cf the 24th 
 cf June, which I have so often quoted— and by which I was dii-ected not 
 1.0 attack Maiden, unless I judged my force was equal to the enterprise, 
 i\ov unless I could do it consistently with the safety of my own posts. I 
 
 -.bought by delay, I was every day strengthening the probabilitv of success 
 Ml the enterprize— because the force of the enemy was daily diuiinishmg by 
 
 he desertion of his militia and Indians. — 
 "Hut I thon^:ht mvscif bound to delay, till I had possessed myself of every 
 
46 
 
 possible means of ensui-lng sxiccess, from a considefatlon of what would bt 
 the consequences of a defeat. 
 
 The army would have been destroyed. If not by the tomahawk of tlic 
 Indians — they must after a defeat have perished for want of supplies. 
 
 A defeat would have been the signal for all the hordes of savages in the 
 suiTcunding wilderness, to fall upon the unsuccessful troops. Every path 
 would have been filled with those remorseless warriors — But it was not only 
 the fate of the army that I anticipated on such an event — the horrors that 
 it would let loose on the neighbouring- country and throughout our exten- 
 sive holders, were presented to my mind. I knew that if the army I com" 
 manded were beaten in battle, there would be nothing to restrain the sava- 
 ges of that part of our enemy, which, when a battle is decided in their fa- 
 vour, makes the vanquished and their defenceless country and people theij- 
 prey. — In the ungenerous letter which Colonel Cass wrote to the Govern- 
 ment, (and which as I think, was most unwarrantably published, he 
 seems to think, that these are philantliropic considerations, unworthy a 
 soldier. But sir, though bi-ought up in the field, and though I have seen 
 something of the horrors of war, I am not yet such a soldier, as that I can 
 think of such scenes with indifference. 
 
 When I considered what would be the condition of tlie territory over 
 which I had so long presided, and over which I was tlien Governor, in case 
 the force I commanded, should be beaten in battle, and tlie inhabitants be 
 left to the mercy of the savages, without anj- stipulation or force for their 
 protection — i thought I should deserve the heaviest curses, if I risked Ji 
 battle before I had taken eveiy means in my power to insure victor}'. 
 
 These were the considerations that induced me to resist the urgency ot 
 my officers to move to the attack of Maiden, till the 8th of August. It 
 had been ascertained on the sixth, that the cannon woidd be done on tht 
 eighth — and on the sixtli 1 issued an order for the army to prepare to move 
 to the attack, on the 8th. Every tiling was in readiness for the cnterprizc 
 on the 7th. But on that evening I crossed with tlie whole army to Detroit, 
 except a detachment of about three hundred men, under Major Uenny, 
 wliich was left intrenched at Sandwich, and which was also moved over ovi 
 the 11 til. 
 
 This retreat from the enemy's shore is one of the acts of Treason, cow- 
 ardice, and unofficer-like conduct, of which I am accused. I proceed to 
 submit to your consideration, my an.9Wer to this accusation, and tlie rea. 
 sons which then governed my conduct, and which 1 yet believe to have 
 been correct. 
 
 About he 1st of August, as appears by a letter of the 4tli, I received an 
 account of tlie fall of .Michiliniacklnac, Lieut. Hanks with his men, and 
 some Inditns had arrived at my encampment. The eficct of this great 
 misfortune was immediately seen and felt in the vicinity of my post. The 
 Wyandot Indians settled at Brownstown, who had previously .shewni the 
 most friendly dispositions, and given the strongest assurances of their neu 
 trality, joined the British. Ir'or though they passed over under the pre 
 
47 
 
 rate of having been iTiade prisoners, the circumstances wtiich then oc- 
 ..urred, left no doubt but that they had formed an alliance with the enemy. 
 
 This procedure of tliis tribe of Indians was not only evidence of their 
 own, but of the defection of tlie surrounding nations, who are all united by 
 some sort of confederacy, in which the Wyandots have a superior influence 
 ^hat is acknowledged by the other tribes, speaking of them as their Fathers. 
 When therefore I learned that this nation had joined the standard of the 
 enemy— I knew that the Chippeways, Ottaways, Pottawottamies, Munsees, 
 Sliawonees, Senekas, and other tribes, who altogether could furnish between 
 two and three thousand warriors, would also be an addition to his force. 
 
 At the same time I received intelligence as appears by another letter of 
 mine to the Secretary at war of the same date (4th of August) that a Brit- 
 ish officer, with 55 regular soldiers and two brass field pieces, had landed 
 on the west part of Lake Ontario — had penetrated to the head waters o£ 
 the River Le French, and was collecting the militia and Indians in that 
 quarter, to lead them against my army. From the information I had re- 
 ceived, I had reason to think, and so I mention in my lettter to the Secre- 
 tary, liis force would amount to six or seven hundred. The fall of Mich- 
 ilimackinac also changed the disposition of the inhabitants of Canada — and 
 from the time that accounts were received of that event, there were no 
 more of their militia came over to us. I had also been informed of the ar- 
 rival of the British Col. Proctor at Maiden, and it was genei-ally believed 
 that he had brought with him some reinforcements, as well naval as milita- 
 ry. To the enemy's naval force I had nothing to oppose. By it, the 
 enemy might command the Lake — obtain his supplies without the least in- 
 terruption — transport his troops at pleasure — and co-operate with land- 
 movements on the margin of the waters. 
 
 I had also intercepted a letter from a Mr. JNI'Kenzie at fort William, t© 
 ii Mr. M'Intosh at Sandwich, dated the 19th of July, from which the follow- 
 ing are extracts. 
 
 " The declaration of war reached us on the 16th instant, but we are 
 neither astonished or alarmed. Om* agents ordered a general muster, 
 which amounted to 1200, exclusive of several hundred of the natives. 
 We are now equal in all to 1600 or 1700 strong. One of our gentlemen 
 started on the 17th with several light canoes, for tlie interior country, to 
 rouse the natives to activity, which is not hard to do, on the present oc. 
 casion. We likewise despatched messengers in all directions with the 
 news. I have not the least doubt but our force will, in ten days hence, 
 amount»to at least five thousand effective men. Our young gentlemen and 
 engagers, ofTered most handsomely to march immediately to Michilimack- 
 inac. Our chief Mr. Shaw expressed his gratitude, and drafted one hun- 
 dred — They are to proceed this evening for St. Joseph's. He takes about 
 as many Indians : — could the vessel contain them, he mig-ht have had four 
 lhous,and more. II now depends on what accounts we receive from St. 
 'oscph's, whether these nr.nicroi!^ tribes from the interior will proceed to 
 "t .loseph's rir no* "' 
 
4B 
 
 At tlic time that this iaterceplcd letter fell into U\y hands, I Was iulormcfi 
 by Lieutenant Hanks, that before hcleft Michilimackinac, several agents of 
 tUe North-West Territory had arrived at that post after its surrender from 
 ibrt William on the north side of Lake Superior, who stated that a large 
 force of Canadians and Indians were collected at fort William, ready t<j 
 descend the lakes—and that there was also a force of the same description 
 collected at the outlet of Lake Superior. I was further informed by Lieu 
 tenant Hanks, that immediately after the surrender of Michilimackinac, 
 >\hich was on the 18th of July, tlie British commander had sent an express 
 to Little York, and it was supposed that on the return of the express all 
 the forces which had been collected and were collecting in the northern 
 Tegions, would be ordered to Maiden. The death of Lieut. Hanks deprives 
 me of the benefit of his testimony. But this is sufficiently su|)plied by the 
 evidence of Mr. Stone and Doctor Day, gentlemen who were at Michilimack. 
 inac when it surrendered, and wl'.o accompanied Lieut. Hanks to my head 
 quarters at Sandwich — and Dr. Day was present when Lieut. Hanks made 
 the communication to me. It may be said that this information ought not 
 to liave had any influence upon my conduct, because the northern Indians 
 Could not, and in fact did not arrive in a great length of time. 
 
 I presume that no testimony is wanting to prove to this court, that from 
 the points where they were collected, they might have descended in a few 
 days. The savages of our country have an advantage of all otlier troops in 
 the celerity and facility with which they make tliese movements. — These 
 too were to be added by the means of the North-West company, which 
 were particularly adapted to transportation from tlie nature of their trade 
 upon tlie waters of the lakes. 
 
 As to the feet that the northern savages did not arrive at .Maiden until 
 long after tlic sun-ender — the testimony of Capt. Eastman is tliat lie remain- 
 ed at Detroit 2-1 days after the capitulation — that the Sasganau Indians , 
 with about 60 warriors, arrived three days after the surrender — that the 
 iMichilimackinac Indians, witli ahont eleven or twelve hundred v/arriors, 
 arrived about llie lOlh or 11th of September. 
 
 It may be well to remark here, how formidable this force proved to he, 
 although it was but a small portion of that wliicli would have come had not 
 Detroit been surrendered — But can it be concluded that this force would 
 not havd; arrived earlier, had not intelligence of the fall of my army reached 
 them, which it must have done, a iew days after tlie event ha])pened. When 
 information cf so many adverse circumstances had reached me from va- 
 rioTis quarters, the fate of my army appeared inevitable. I had bitl 
 one of two courses to pursue, and citlier scemcil to me almost a des- 
 perate alternative. I must either advance or retreat. If 1 had seen 
 nothing tliat I v/as to regard, but the power of tlie enemy, I had no doul)t 
 but that I ought to have adopted the former exiietlient. I was obliged to 
 ronsidcr tlie cfTcct a retreat would have in my own camp. The Young 
 rrrd inevperlcnt-ed officers I had uiuler my command, wlio could sec n" 
 
40 
 
 <langer that was upt ImmediAtely before tkelr eyes ; wlio thought aniL 
 feiid that they were very brave ; but who, with a few esceptions, do not know 
 it, to this day, from any trial? of their courage— who despised all pre- 
 cautions, and thought all generalship consisted in inconsiderate and 
 iliipetuous advances ; I knew well, would pursue the conduct which 
 they afterwards did — and by representing a retreat as proceeding from 
 the most unworthy and Unjustifiable motives, destroy the efficiency 
 of my army, by robbing me of it's confidence. The Cabals which 
 had risen to such a height as to mature a plan of mutiny, in which my 
 cliief officers were to be the rin^ leaders, could not be entirely concealed 
 from me although, until I saw the confession published to the world by 
 one of the conspirators, I did not know the extent of their design. 
 
 Under these circumstances, dangerous as the attempt on Maiden ap- 
 pfeared to me to be, I thought it might be less so than a retreat. I determin- 
 ed to attack Maiden— and on the 6th of August, issued orders to have 
 every thing prepared for the movement of the army on the 8th ; and gentle- 
 men, there is no part of my conduct, since I have been a soldier, that I 
 reflect upon, with so muth self conviction of error, as I do upon this. I 
 look back with regret upon the moment, when I yielded to the councils of 
 the inexperienced officers I commanded, and determined to make an attempt; 
 w'hich my own judgment did not approve— which was contrary to all mili- 
 tary knowledge— and which even success might not justify. I thought, 
 however, it was possible that if I were successful, and could possess my-, 
 self of the enemy's fortress, I might possibly maintain myself there for 
 sbrne short time— and in that time, I hoped I might have some succour 
 and security from my own country and her armies, that I had been led to 
 expect would bo operating below me. 
 
 On the rth of August, every thing was in readiness for the intended, 
 movement — But on that day at about one o'clock, an express arrived with 
 letters to me from the comanding- officers ort the Niagara frontier, — two 
 from Maj. Gen. Hall, and one from Gen. P. B. Porter. These letters 
 were sent to tne by express to inform me that a large force from the 
 3^cighbo'jrhood of Niagara was moving towards my army. But, what 
 was mo!*e decisive in its influence on my measures was, that I learned 
 (Vom tlic'sc lettei's, that T was not to expect that these movements of the 
 enemy were to be checked, or that my army would be sustained by any 
 operations against the enemy in any quarter. I found that the invasion of 
 Canada and the vv'Iiole war, were to be carried on by the 300 regular troops 
 linder Col. Miller, and the 1200 cr 1400 militia which had been placed 
 under my command. 
 
 [ must here again heg leave to turn the attention of the court martial to 
 the correspondence between the Secretary at war and myself, to remind 
 the court martial cf the reasons 1 had to expect su|)plies, assistance and 
 co-operation, when I took the command of the North-western army— ' 
 wlien I received these letters from Gens. Hall and Porter, my situatloa 
 In-came cnbarra-ssing; and distressing to a great degree. I had, but a few 
 !i6\irs bvifore/ wjtlt whut rcJiactance appears fr«H« Cht; tfest-iraony gf G(;iu 
 
m 
 
 Cass, yielded to the importunities of my officers, and given tiiem expecLi- 
 tlons that I would lead the army against Maiden. I had issued orders for 
 making tlie necessary preparations, and fixed a time lor the movement. 
 I knew well, what v/ould be the effect of disappointing the expectations 
 wliich these measures had raised. But as Gen. M'Arthur has testified, I 
 told him, as commander of that armv, I felt myself responsible for it's. 
 movements and It's /w^e. Under an awful sense of that responsibility, I de- . 
 termined to recross the river with the greater part of the army. In making 
 this movement, I had no design of relinquisliing the attack of Maiden 
 My intention was to take post at Detroit, and there to Wait until some na- 
 Aal force on the lake, and a co-operation from belovi', which from the be- 
 ginning I had relied upon, and which the letters I had received from Gens. 
 Hall and Porter gave me reason to expect would commence at some 
 future, but probably distant period, afforded me some hopes of success, 
 and of advantage from success. 
 
 My further intention was to concentrate my forces at Detroit, that 1 
 might from thence open and secure my communication with the State of 
 Ohio ; upon which, in my judgment, the salvation of the army depended. 
 
 This consideration had so much influence on my measures, not only at 
 this time, but tlu'oughout the campaign, and in the final surrender, that 
 it will be proper to present it to the court in such a view as that they may 
 judge of its importance. 
 
 From Urbanna to the Miami of the lake is a perfect wilderness. Through 
 this iivWeniess, a distance of 120 miles, and through a country of which 
 the Indians were the inhabitants and proprietors, the army had to cut a 
 road when they advanced ; and it was the only road by wliich supplies of 
 any kmd could be received. From the Miami to the settlements on the 
 Detroit river, the country is little better than a wilderness, there being 
 only two or three little settlcments-^along tlie Detroit river the country is 
 partially cleared and cultivated. The improvements extend from half a 
 mile to a mile back from tlie river, and in part of these improvements, on 
 the margin of the strcigli'ts, is the road to the town of Detroit. The 
 whole country from Urbanna to the town of Detroit is filled with savages ; 
 all of whom, with very unimportant exceptions, became hostile to us, and 
 infested every part of the road wliich was not protected by an armed force. 
 From the Miami to Detroit, a distance of 72 miles, the road runs so near 
 the waters of Lake Erie and of the Streights, that the enemy having the 
 command of these waters, could with the greatest facility transport from 
 their shore, and from one point to anotlier, detacliments to intercept the 
 communication. Their vessels too, would always aflurd them a secure 
 retreat in case of disaster. There were in tlie whole Michigan territory 
 less than 5000 white inhabitants, about 2000 of whom were settled along 
 the Detroit river. The soil, though fertile, was but little cultivated ; th<" 
 inhabitants greatly relying for their support upon the supplies of fish and 
 venison, which the woods and waters afforded. The tcn-itory has never 
 J'urnished sufficient provisions for it's own inhabitants. There are annu- 
 ally, as appears from the testimony before you, large quantities of povV 
 
51 
 
 a. id beef brought in from the state of Ohio, and notwithstanding' the testis 
 mony of some of the witnesses, I assert, that, at the time the army was in 
 that quarter, they could not have taken the necessary supplies from the 
 country, for any length of time, without distressing the inhabitants. It 
 has been proved, that even in time of peace, the few troops who were 
 stationed at Detroit, were fed by supplies from Ohio. The country must 
 afford insufficient provisions for an army, or there could have been no ne- 
 cessity for furnishing G. Harrison from the western states at the immense 
 expence which his supplies have cost. The testimony of Gen. M' Arthur 
 aftoi-ds some evidence of the state of the country in respect to provisions. 
 He stated that from the morning of the 14tli ef August when he marched 
 from fort Detroit with a detachment, until the 16th, when they met with 
 and killed an ox; in a march of near 30 miles j he saw nothing that was 
 food for man, except some unripe corn and some honey. The opposite 
 shores of the enemy were not more productive in supplies. The whole of 
 the country bordering on the streights and on the Lake is a wilderness, 
 except the settlement at \mherstberg and a very thin population on the 
 banks of the Detroit river, and a small place on Lake Erie, known by the 
 name of the New Settlement. Above, on the river French, at about the 
 distance of sixty miles, is the most fruitful and valuable part of the 
 countr)'. 
 
 Independent of these settlements, which had been exhausted by the two 
 armies, the whole is wilderness : after the fall of Michilimackinac, when 
 all the hives of Northern Indians became hostile, and were let loose upon 
 us , M'hen the North-west company, as appears by the letter of Mr. M'Kent- 
 zie, had arrayed against us their numerous retainers ; and when the naviga- 
 tion of the upper, as well as of the lower Lakes, was fi-ee to the enemy, no 
 supplies could have been obtained from the river French, or the bordering 
 Country. It must be remarked that from the time the army arrived at De- 
 troit, not one pound of provisions had been received — from the moment the 
 declaration of war was known to the enem}', he had intercepted the only 
 line of communication, and thus cut off all supplies. 
 
 It appears from a return made on the day the army arrived at Detroit, 
 and which is mentioned in the minutes of a council of war, held on the 9th, 
 that there were then in store 
 
 125,000 Rations of Flour, and 
 70,666 Rations of Meat. 
 This stock, as it was never replenished, must have been proportionably 
 exhausted, at the time of the retreat from Canada, and at the time of the 
 final surrender ; and indeed would have been entirely so, had we not drawn, 
 as far as we could, our supplies from the country ; which every day became 
 the more stripped, and the less able to aflord them. 
 
 A return made to me by the contractor on the 25th of July, shews not 
 only the quantity of provisions on liand at that date, but it shews, by a com- 
 parison with a return of the 9th of the same month, tlie rate at which the 
 provisions were consumed. 
 
 This return has been proved and read in evidence ; it is as fDllows^ 
 ■^ rrovisions on hand at Fort Detroit, 25lh July, 181?." 
 
TOjOOO Rations Flour, 
 21,000 salted Meat, 
 100,000 Whiskey. 
 Tt has been said by Generals Cass and M' Arthur, and by otlicr wimesscs, 
 that they never heai'd complaints of a want of provisions — this is certainly 
 true : there was not, previously to the surrender, an actual want or deficien- 
 cy of provisions ; our stores were not then entirely exhausted, but ihere was 
 a certainty that they would soon be so. 
 
 Such then was my situation when I determined to retreat from Canada. 
 1 had above me hordes of hostile savages ; I had below, an enemy in a for- 
 tress, which I believed to be a work of strength, and sufficiently manned for 
 its defence ; I found that he had been left at liberty to augment his force 
 by drawing his troops from all other points. I commanded an army, the 
 troops of which (except a k\v regulars of the 4th regiment) had no expe- 
 rience, and had never been tried ; and tliis army was officered by men, the 
 chief of whom had not hesitated to express, in the most indecent terms, 
 his want of confidence in me. I was told that I must not expect any co- 
 operation or assistance. I saw that my provisions would be soon exhausted, 
 and that neither my own nor the enemy's countiy would affijrd supplies 
 for any length of time : I saw that my only communication was cut off, and 
 unless it were opened, the army would he subdued by want. 
 
 Under these circumstances I determined to recross the river, take the 
 principal part of the army, not with an intent, as I have said, to relinquish 
 the cnterprize against Sfalden and the upper province, but to wait for a 
 cp-operation and assistance, which might afford more favorable prospects, 
 and in the mean time, which I considered a duty of the first importance, to 
 open the communication by which I could obtain supplies. An attack oil 
 Maiden v»as an alternative, which as I have said, presented itself to my 
 mind, it was one which I had the most powerful inducements to adopt; I 
 well knew v/]iat rewards of honor and glory awaited an achievement mIiIcIi 
 my country had been led to expect, with so much certainty and anxiety ; I 
 knew what were the expectations of my officers, and what resentment a 
 disappointment would create ; I knew a retrogade movement would expose 
 me to censure, and to the malice of my enemies. But, in deliberating- on 
 this alternative, 1 could not but take into view the possibility of a defeat in 
 the attempt, and the consequences whicli, as I have before mentioned, would 
 result, not only to the army, but to tlie people of the Territory. A more de- 
 cisive consideration however, induced me to reject this alternative; I then 
 felt confident, and 1 do now feel most confident, that if I had attacked Mal- 
 <len, and iiad been successful, it would have been but a useless waste of 
 blood. It would have been utterly Impossible to h:;vc maintained the for- 
 tress, ft must have fallen for want ui' supplies. It must be remembered tliat 
 tlie v.'uters of the Lakes were shut against us. There could have been no 
 possible communication with the forti-ess, but by the road which I had cut 
 thi'ougli tlic wild-riiess. How was tiiat road to be k'pt open > Most proba- 
 bly, after an eng;igemcnt, or after carrying the work.s by storm, 1 could liave 
 taktHi into Mal(k-n but a few hundred smn. 
 
 Coul^4 I luivo uiadc sufficient detachments from the garriscn to lu'-ve per' 
 
5S 
 
 formed this sei-vlce ? Let it be remembered that Generals M'Arthur anil 
 Cass, censured me for sending so small a detachment as 200 men on this 
 duty, and thought the force ought to have been double, or equal to one of 
 their regiments : and when Colonel Miller with 600 men, 280 of whom were 
 almost the whole of the regular force under my command, had defeated the 
 enemy near Magnagno, he thought it necessary to send to me for a reinforce- 
 ment of 150 or 200 men, to enable him to secure his passage to and from the 
 river Raisin, though his loss in the battle did not exceed 80, and though he 
 knew at the river Raisin, he was to be joined by the detachments under Cap- 
 tain Brush and the companies under Captains Campbell and Rowland. If 
 tlie road could have been opened, still no supplies could have passed into 
 the fort without crossing the water, and on that tlie British had a force, to 
 Vhich we had nothing to oppose. If we had possessed the fort, it would 
 have been pressed by the North-West company and its retainers from the 
 north, with all the hosts of Savages of those regions. A British force no 
 doubt would have approaclied it from Lake Ontario by the River La French— 
 On the water it would have been attacked by the naval force — and all this 
 it must have encountered without tlie possibility of obtaining supplies, and 
 v/Ithout the least prospect of relief or assistance. 
 
 My judgment, Mr. President, may mislead me now, as it did then — but yet. 
 I think that if I had led the army I commanded to the conquest of Maiden 
 under such circumstances as I have stated, it would have been as great a 
 crime as any of which I am accused. 
 
 Certain I am that I should have wanted that consciousness of having acted 
 from the purest motives, and according to my best judgment, which has 
 been my only consolation in all I have suffered. 
 
 If it be true as I have stated, and as I thuik the testimony proves, that the 
 army had not provisions for any length of time — and that neither my own 
 nor the enemy's country coidd have been capable of furnishing them — I 
 need hardly state to the members of this tribunal, how important it was to 
 ine to keep open the road I had made through the wilderness— the only 
 communication by which supplies could approach me. 
 
 In modern warfare the first great object of each contending party, is the 
 resources of his enemy. The fate of armies is found to depend upon the 
 abundance of their resources ; on their secui-ity, and on the facility of keep- 
 ing up a communication with them. 
 
 It has become a principle to manouver in such a manner as to cover the 
 places from whence supplies may be drawn — not to go far from them but 
 with great caution — and never to cease preserving with them thpse con- 
 nections in which the strength of an army consists, and on which its strength 
 depends. These are the sentiments of a modern military writer of great 
 celebrity. The experience of all military movements in latter times prove 
 their correctness. I always felt the force of them. It was a great violation 
 of these principles, and therefoi'e, as I considered, a great mistake, to march 
 the army I commanded, after the war had commenced, to Detroit — leaving 
 a British garrison 18 miles in our rear, directly upon onr line of communi- 
 cation, v/hich, H'OiR its prosJn)!^ y to the lake <md bis force upon the water, 
 
04 
 
 the enemy had fke means of intercepting with peculiar facility. But the 
 orders I received in the letter of the Secretary of war, which announced to 
 me the declaration of war, were positive upon this point. They left me no 
 discretion. I was to march to Detroit, and there to wait for further orders. 
 
 I had seen the necessity of keeping open the communication when I was 
 on the march — and therefore I built and garrisoned block houses on the 
 xoad. When in the enemy's country, I felt every day more strongly the 
 force of this necessity, and therefore detached Major Van Home on tltat 
 service. 
 
 Whether that was a proper detachment, as it is made a separate charge, 
 will be a subject of separate consideration, in a subsequent part of my 
 defence. 
 
 After the defeat of Major Van Ilorne, and when I found the situation of 
 my army, immediately before 1 left Sandwich, such as I have before de- 
 scribed, I was perfectly convinced that no success, not even the capture 
 of Maiden, could save it from eventual destruction, if my communication 
 with Ohio was not opened. 
 
 The court will recollect that Gen. M' Arthur and Gen Cass, have stated 
 in their testimony, that when they objected to the sufficiency of tlie force 
 I detached under Major Van Home, they each recommended that I should 
 send him with his regiment on that duty. This shews what force in their 
 estimation was necessary for the purpose. What force Col. Miller thought 
 necessary f have already stated. If these gentlemen were correct on this 
 point, my army could not have been in a proper situation — when I must 
 have stretclied back with nearly half, and the most efficient part of my 
 command to insure me supplies. It must be recollected also that it was 
 not a temporary detachment tliat would have answered any purpose. I 
 must have kept always separated from the army a sufficient force to have 
 kepc open the road from Detroit to Ohio, a distance of about 200 
 miles. I do not believe that after the fall of Michilimackinac, when the 
 savages became arrayed against us and infested every part of the road, 
 my whole force would have been sufficient to have protected so ex- 
 tensive a line. 
 
 These, gentlemen, were the grounds on which I made a retrogade move- 
 ment witli a part of the army to Detroit. It was, from thence to open tlu- 
 oniv channel tlirough which it could derive the means of existence. I 
 repeat, my judgment may have misled me — if it did, it continues yet to 
 mislead mc — for every day that I have lived I have become more confident 
 tliat [ did riglit to leave tlie Knemy's country. Had I followed the dictates 
 of my own judgment I sliould have made my retreat to the Miami, and 
 there waited for co-operation and assistance. 
 
 The distance from thence to tlie Ohio would ha\c been com])arativcl} 
 short, and I should have h.ad no enemy in my rear but scattering savages, 
 and he could not then have availed himself of the great advant.igc he de- 
 rived from the command of tlie waters. For the reason that 1 did not do so, 
 let mc appeal to the testimony of the two officers next in command. 
 
^6 
 
 "VVhcn I proposed this measure to Col. Cass, his answer was, that If ?. 
 ■.lid, under the then existing circumstances, every man of the Ohio volunteers 
 would leave me. His language was in substance, as he states it himself— 
 that the volunteers would retreat witli me, if they thought a retreat neces- 
 sary : but as they undertook to judge that it was not then necessary, 
 they would leave me, and not a man would retreat under my command. 
 Col. Cass's testimony on this subject is in the following words. " I recol- 
 lect a conversation with Gen. Hull, after the retreat from Canada, and be- 
 fore we went to the River Raisin, in which Gen. Hull suggested, that as he 
 heard of no co-operation from below, it might be necessary to take post at 
 the Miami. I think I told Gen. Hull that if, under existing circumstances, 
 he took such a step, the Ohio militia would desert him to a man. Whether 
 I told Gen. Hull so or not, I am confident it would have been the case." It 
 may be well to remark, that this testimony of Col. Cass's is evidence of the 
 insubordination that was among the troops. By whom and by what means 
 it had been encouraged, the court may judge. Upon this part of the sub. 
 ject, that is to say the retreat from Canada, I have but a few more 
 words to say. I retreated for the purpose of being enabled to take 
 effective measures for opening my communication. The importance 
 of acomplishing this design, I have endeavoured to shew. But it seems 
 that the government, or whoever it may have been that drew the charges 
 iTiat are now before you, were also sensible of this importance ; for one 
 of the accusations that I am to answer is, that I did not keep open this 
 communication ; and yet the measure I took to accomplish this object, and 
 which was the only measure that afforded any prospect of success, that 
 is to say, withdrawing the army from Canada, is also made the ground of 
 crimination. 
 
 I beg the court to notice that these reasons for the retreat, are such as 
 i assigned for it at the time as well as now. For the evidence of this I 
 refer to my letters to the Secretary of war of the 4th and 8th of August, 
 My letter to Governor Scott of the 9th of August, and my letters to Go- 
 vernor Meigs and Col. Wells of the 11th of August. All these shew that 
 I abandoned Canada, because I had ascertained that I would soon be sur- 
 rounded by an overv/elming force ; because my communication, if I re- 
 ■^nained where I was, would inevitably be cut off; and because I found 
 that the few regulars and militia I commanded wei*e to be left to carry on 
 Vfithout any assistance or co-operation the offensive war, which the United 
 States had declared against one of the most powerful nations on earth. 
 
 The surrender of the fortress of Detroit and of the forces in the Michi- 
 gan territory under my command, is another charge against which I am 
 now to defend myself. I beg the court to observe, that the course I am 
 pursuing is to examine in the first instance, the propriety or necessity of 
 ihesc principal measures. The circumstances attendmg their accom. 
 plishment, being ground of distinct accusation, I propose to give them 
 vlistinct consideration. 
 
 As to the point on which I am now about to make my defence, I 
 • >']'^,t beg the court iri bear in mind what I have said in relation to the de- 
 
56 
 
 lAy in attacking ^laklen, and to rcci-osslng the rivei' — Miicli of what 1 
 have said upon these subjects will be applicable to the charg-e now undei^ 
 consideration. The same facts arc reiterated in the specifications in so 
 man}^ different forms, tliat it is difficult to analyse them, and might ex- 
 ruse repetition. But I shall endeavour as mucli as possible to avoid tres- 
 passing on the patience of the court, and shall not repeat; what I have 
 already said, furtiier than may be absolutely necessary to make myself 
 clearly understood. 
 
 The extent and state of the force under my command, at tlie time of 
 the attack on the 15th and IGtli of August, must be ascertained before my 
 conduct can be duly aj)preciated. 
 
 The detachments under Cols. IM'Arthur and Cass, consisting- of 400 of 
 the most effective men of their regiments, were absent on the expedi- 
 tion to the river Raisin. 
 
 On the morning of the 16th the Brigade Major Jessup, as appears by 
 his cross examination, had, by my order, made a report of the effective 
 men under my command. He stated the number as appears by a docu- 
 inent before you, in the three Ohio regiments, to be 700, including tlic 
 IVIichigan Legion and waggoners — but not the Michigan militia. Tlit- 
 armed inhabitants which some of the witnesses have mentioned, I presume, 
 were not intended to be included, and indeed should uot have been. For, 
 although it may have been agreeable to the disposition of some who have 
 testified in this cause to mention them here, that they might swell my nuin 
 hers in the eyes of the court — yet, I believe it will not be thought that I 
 ought to have taken them into calculation, in estimating my means of 
 defence. In the field they were only likely to be the first to set an ex 
 ample of disorder, and in a siege they would only have increased the con 
 sumption of provisions. 
 
 Major Jessup says, tliat on the 15th he received an estimate from one of 
 the adjutants of the number of men fit for duty. He tliinks it exceedcc? 
 one thousand. This estimate was not delivered to me — but was given to 
 Gen. Cass the day after the battle, but for what purpose does not appear 
 1 wish Gen. Cass had produced it on this occasion. Of the 1000, if there 
 were so many effective, only 320 were regulars — thai being Major Snclling's 
 I'stimate of the effective force of the 4th regt. on the day of the surrende;- 
 
 The rest of this 1000, were comprized of the Ohio volunteers and Michi 
 ijan militia. In my letters to the Government, and my official account of 
 \hc unfortunate termination of the expedition under my command, I have 
 ;dways spoken of tlie zeal and bravery of tfiese troops in terms of respect, 
 and I still tliink tliey merited all I have said of tliem in tliese respects ; ye', 
 -.n estimating tiieir probai)le services in an arduous conflict, 1 could not bu* 
 ♦•onsidcr their real character. My experience in the revolutionary war had 
 fixed in my mind a distrust of the services of undisciplined militia, howev- 
 er ardent and valorous they miglit by language, ajul even by actions, when 
 not before the enemy, make themselves appear. Indeed the organization oJ 
 •he militia corps 1 liad with nifl wa>ipartiouhuly calculated to <xe».\z dis . 
 ■ir'Tst \ti'h r(''^j}rr* t«^ tVi'M--. 
 
^1 
 
 All their officers held tUcu' commissions In virtue of an election, medj- 
 tle or immediate, of the men of whom they were the nominal com- 
 manders. 
 
 My second In command. Col. M' Arthur has prefaced his testimony by 
 lelling- you that at such a time lie was elected Colonel~Col. \a.w Horn was 
 elected Major— Mr. M'Cormic was elected a Lieutenant. From whatstation.s, 
 what occupations these gentlemen were elected to hig-h military rank I 
 do not know— It would seem however that notwithstanding- all the experl- 
 .ence they have had In tlie field, thpy have not yet learned military lan- 
 g-uage— or forgotten what were, probably, the phrases of their former- 
 occupations. 
 
 Gen. M'Arthur In describing- the disposition he intended to make of lils 
 veg'imentin case of an attack, spoke, as he would of the g-ate of a cow-oen 
 of swinging It into the rear line of a hollow square— and most of the >vltness- 
 es against me have spoken of the balance of a datachment, as they would of 
 the foot of an account In a shop-book. Elected officers can never be calcu- 
 lated upon as great disciplinarians. In every station the elected will be un- 
 willing to incur the displeasure of the electors ; indeed, he will often be found 
 to court their favour by a familiarity and condescension which are totally 
 incompatible with military discipline. The man that votes his officer his 
 commission, Instead of being implicitly obedient, as every soldier ought, 
 to be, win be disposed to question and consider the propriety of the of- 
 ficer's conduct before he acts. This system has not only an injurious- 
 effect upon the soldiers, but It has a relro-active effect upon the officers. 
 They, knowing how far they are responsible to their electors, and what 
 deference Is due from them to a majority of votes, are under the influence 
 of their own feelings in intercourse with tlieir superiors. 
 
 The court must have observed with what confidence the officers who 
 have testified against me, have pronounced every thing to have been done 
 wrong that was not done according to their advice. They seem to have 
 thought that, when a council of war was called, it was to be governed by 
 tlie laws of a town-meeting; and that a General was absolutely bound by 
 tlie voice of a majority. The testimony of Major Vanhorne is a remark- 
 able elucidation of the Ideas of some of my officers In this respect. H* 
 seems to think that I was guilty of great violation of duty in not belno- 
 careful to ascertain accurately the votes of the members then present''; 
 ihough, as it turned out, I had omitted to take the vote of a gentleman 
 u hose opinions coincided with my own. 
 
 :Mr. President, my ideas of a council of war ai-e, that It Is called to ad- 
 
 ^ Ise the responsible officer, as to any question which he may tr.iuk proper 
 
 o submit to its members ; that he ought to hear and weigh, with what de- 
 
 liberation circumstances will admit, their sentiments and opinions ; !)ut 
 
 that after all he is bound to act according to the dictates of his own jiidg- 
 
 n.icnt, be the opinions of Ills officers what they may— And, Inasmuch as the 
 
 advice of a council will not in all cases justify misconduct— I hope it will 
 
 t lie considered that a measure, although it should liave been wrong, or 
 
 -ncd out T,pfort,,naV^ Tr.>'.st be condemned bccaii.-e it was not sanctioncci 
 
 S 
 
(jya majority of votes. These are considerations which I think it necessacj 
 to impress strongly upon the minds of the court. It unfortunately happened 
 that on most questions which I submitted to the deliberation of my 
 officers, their opinions and mine did not coincide — and many of the wit- 
 nesses seem to think that therefore Ihey must be condemned — But such a 
 principal will not, I hope, be adopted by this court. The decisions of the 
 councils should have had the less influence, because it must be recollected 
 that I could not, with the exception only of the officers of the 4th reg. call 
 for the advice of any one, who had seen the least service or had the least 
 experience : for, though most of the witnesses who liave been produced 
 on the part of the government have appeared with the titles and badges 
 of high military rank — yet, it is certain that most of these gentlemen, when 
 they joined my army, knew no more of the duties of a soldier than was to 
 be learned from militia musters and parades about their own homes. 
 What services they may have since performed to entitle them to the hon- 
 ours they have attained I am ignorant— and only hope that their elevated 
 Tank (as it ought to be presumed jt was not intended it should) will not 
 give them any other weight than they would have had, if they had re- 
 mained in their former subordinate stations until they had given their 
 testimony against me. These observations are made in reference to the 
 principal part of the troops 1 had under my command — and to shew that, 
 althoug]), as men, thej' miglit be brave and patriotic, as I have always believed 
 they were, and as I have always spoken both of the Officers and soldiers — yet, 
 from the manner of their organization, and from their want of discipline and 
 experience, they were not that kind of force upon which a commander could 
 feel in an arduous conflict theflrmest i-eliance. So far as we had any oppor- 
 tunity of judging from trial, this want of confidence in forces of tins descrip- 
 tion was justified. The expedition under ]\Iajor Vanhorne v.as the onlj' in- 
 stance in which the volunteers acted by themselves in any affair of conse- 
 quence; for the rcncoimtre at the Aux Canards bridge (although both thcof- 
 iicci's and men behaved well) was but a skirmish, which could hardly be a 
 test either of courage or discipline. The detachment under Major Vanhorne 
 ?,s he has testified, were not surprized. He had fully prepared them ac- 
 cording to his statement to expect their foe— and yet his party was dis- 
 ordered by the first fire of the enemy. Notwithstanding all the gallant 
 exertions which, as he has stated, he made, he was unable to rally them, 
 or to prevent their flying in confusion, in the very fust moments of attack, 
 by nothing but savages. 
 
 In submitting to jour consideration, gentlemen, the fate of the forces 
 iiidcr my command, I must not omit, painful as it is to nie to advert to it, 
 Ihe unhappy terms in whicli I was with my officers. They took no pains 
 to conceal what tlicy have here testified to, lliat they had lost all confidmcc 
 .a me— m:iny of them manifested it, as .-ippcars from their own testimony, 
 ny the must inrU cent conduct and expressions. The court must recollect 
 ihe language, vhlch 1 forbear to repeat, that my second in command Col. 
 .M'Arthur (now ling. Gen. M'Arthur) represents that he addressed to n.c 
 r/hjn I nrovn'ssd *c liiir. tc remain with his regiment at Sandwich. Let it 
 
m 
 
 r ■ 
 B. tema^bered too that the Brig. Gen. has stated, that -hen we ^t^e ^ 
 the face of the enen^y, and he might hourly have expected to be called to 
 battle, he used this language, .'ith an expectation that he would be arrest-^ 
 ed : with an expectation that at such a moment ht would be put m a situ 
 ation that he could not be called upon to use his sword Brig. l.en, 
 M' Arthur has said that these expressions were extorted from h»m by xnsin^ 
 nations of cowardice. I meant no such insinuation. ^-^l^'f^'f^tTs 
 he felt his single self able to carry the fortress at ^-dwich agamst^any 
 garrison, left no room to doubt his own S-^'l ^P^-"^"^/^^ ,^^'^ P'^^^;^ 
 When Gen. M'Arthur addressed such language to me, I had --j -en 
 anv thing that would have warranted such an msmuat.on - ^e ^onc^^^s^i 
 ni^de. lut if any thing would justify an ^-P-.^^ment of that office^, 
 courage, it would be such conduct at such a time. It may be thought 
 ht ought to have arrested Gen. M'Arthur. It is not one of the charge^ 
 against me that I did not-and therefore I shall not digress fur her fo^ 
 L course of my defence, than to say the pecubanty o my -^-^Vt - 
 prevented my doing it. If I had taken such a step, I have no doubt his 
 Ln^t had elect'ed him a Colonel, would have turned their^rm. against 
 xne, with as much alacrity as they professed to use them agamst the enemy^ 
 1 n ieht and I believe I should have had a civil war m my camp. But o 
 sh w wh t was the disposition of my officers towards me I have on y to 
 etlT the court once more to Col. Cass's (no-. £rl^. Gen. Cass.^l lettei to 
 gornr^entof thelOth of September, ^^^^^^^^^ ^^/^^^^Jf \'iUer 
 Lers had formed a conspiracy to wrest the ^o^-J^^^^^J- ^^^^ 
 
 ^:^:t-M::::ri^tSe: whose conduct hadbee„ 
 
 nuch <=""«■ <j ^ litue of the sMne spirit to my 
 
 Would '''''Y'ZL^Z.mLxo .>ke som. share of U.e hlame U,at 
 
 accusers ' .hat U,ej "»'»''«" :;';'«„^^ „„,_ ;„ ,he triumph of their own 
 
 „s, a man whose -''- f^JJ/jtr fielding to n,y feeling, in these 
 
 I must be P^'O"";^ ^- ^'-fX' „ J,„,, „f,^ and situation of th. 
 
 £:'S .--:;. t^ the enem. : s,.U ^w state what «^ 
 
 "= n^r thitnsiSrr:,; i„d::^dr rrUdi. ana „ot .he 
 
 r;:w«Zt XlK....« ,«,->, A^encan-h^re on the ..m.n^ ^f 
 
6o 
 
 the IGtii. Ii, is possible that I mlg-lit have met and vcpelled lliat force—am, 
 if I had had no further to look than to the event of a. contest at that time, ? 
 should have trusted to the issue of a battle. 1 beg leave first to examine v.-hat' 
 was the extent of the enemy's force, landed at Sin-in^wells on tlie morning 
 of the 16ih. Major Snclling- who says he made seme attempt to count thr 
 enemy's force, supjwscs that tliere were no more than 750 whites, of whonx 
 one third were regulars and the rest militia and volunteers. The number 
 of Indians he could not ascertain. As lie was going to his lodgings, after 
 having satisfied himself about the white force, he saw he says some hun- 
 dred and fifty Indians in array. He does admit, however, tliat tliere were 
 some more on the back of the town, killing horses and stealing cattle 
 But it is very evident that :M;ijor Snelling, as well as other witnesses, meant 
 to convey to the court an impression that they considered the Indian force 
 very insignificant, both as to numbers and effect. And yet it is very extra- 
 ordinary that when my conduct would be censurable in proportion as thft 
 Indian force in the power of the British might be considered numerous and 
 cfiectivc, tlieir numbers and powers arc augmented— I am charged wiUi hav- 
 ing sent out too small a detachment under Major Van Home. To prove 
 tliat I did so ihe .Major has testified that according to the iuformction he 
 received, there were 300 Indians crossed from the Britisii side, the day his 
 party was routed. It is necessary, to heigliten my criminality, tiiat in one 
 instance the British Indian fi>rcc should appear to be very small and vcrv 
 insignificant, and in the other very numerous and very formidable. It i.-. 
 well known however, that all the Savages in that quarter had, immediately 
 after the fall of Michilimackinac, joined the British. I had had in council, 
 between the 14th and 20lh of July tlic chiefs of nine nations, whose war- 
 riors amounted to between two and three thousand or more. Is it !iot ex- 
 tremely improbable, that with a htrge force of this nature at their disposal, 
 •the Briti.sli should have employed but a small part of it in tlieir enterprize 
 against Detroit ? Is it not rather to be presumed that, in an u)ulertakin"- ir, 
 wliicli they must liave been very ambitious of success, they M-ould have 
 employed all tlicir disposable force, whether wliitc or red .' 
 
 Tlie force brought against me I am very confident was not less tlian wX:. 
 thousand whites, and at least as many savage warriors. 
 
 But it \^as not only against this force on oiu- own shores I v/as to defend 
 myself—their Batteries from Sandwich were elTcctualiy co-operating with 
 them— .arid llieir sliijis of war were ready to lend them assistance in the 
 moment of attack, to cover tlieir retreat, and to afford them shelter in case 
 of del'eat. 
 
 If the Britisli landed at Springwcils were not much more numeroiis titan 
 my own troops, I knew they must have a jiowerful force in reserve, which 
 they could bring to operate upon me, either by crossing them above the 
 town of Detroit, or by transporting them in their ships to tliat jioint— and 
 thus .attack the fort on all sides, and ])lacc my army between their fire. I 
 shouhl not however have yielded to all lliese considerations, liad the war I 
 was carrying on been only against civilized men. In thut case, those only 
 who were in tlio contest would have suHcrcd. But 1 knew how sanguinarv 
 
61 
 
 ind rcmorselegs the savages would be, should xny £^rmy be subdued lind. 
 the troops be oblig'ed to yield. The whole country would have been delug- 
 ed with the blood of its inhabitants- — Neither women nor children would 
 have been spaced. 
 
 The large detachment which was out under the command of Colonels 
 M'Arthur and Cass, of which I could get no intelligence, and the detach- 
 ment under Captain Brush at the River Raisin, would, most probably, have 
 been the victims of savage fury, Vvhich is always excited by battle, and ren- 
 dered more sanguinary by victory. Those appeared to me the certain and 
 dreadful consequences of unsuccessful resistance. 
 
 If after a conflict, I should have been able for that time to have repulsed 
 ihe enemy, I might have purchased fame, and have avoided all I have suffer- 
 ed and what I now suffer, in being obliged thus at my time of life to vindi- 
 ■cate my honour and plead my cause belore you. But at what price should 
 I have done this ? How many of the lives of tlie brave men I commanded 
 would it have cost ? How many of the persons who now appear to witness 
 against me might I not have sacrificed ? It might indeed, Mr. President, have 
 ig'iven me an honourable grave, and if mine were the only life concerned, I 
 wish it had been so, rather than that the foul crimes of which I am accused, 
 should be coupled with a name to which my country of late as well as here? 
 tofore, has acknowledged some obligations. 
 
 But I had rather even that this should be, and I would rather stand be, 
 fore you accused as I am, than have uselessly and wantonly sacrificed a 
 single life, tliough it should have ensured me immortal fame. 
 
 It the attack of the enemy had been repelled, our triumph would have 
 been but tempoi-ary. My numbers must have been diminished by loss iij 
 liattle. They would have daily lessened by the cannon of the enemy, from 
 the opposite shore. The force ofthe enemy, augmented as it was by rein- 
 forcements under Col. Proctor, Major Chambers, and the commmander in 
 ^lilef, Gen. Brock, would have been daily augmenting. 
 
 The force from Mlchilimackinac and St. Joseph's which would have 
 amounted to several thousand savage warriors-the savages, with the addition 
 of some hundred white men mentioned in the intercepted letter of Mr. 
 IM'Kenzic, collected at fort William, would in a few days have descended 
 upon us — the Canadian militia had all returned to their allegiance — the.en- 
 em.y's naval force and means oftranspoi'tation on the lakes were augmented. 
 There was no co-operation with my army from sny quarter — the letters I 
 had received from Generals Hall and Porter had not only satisfied me that 
 my expectations in this respect were disappointed, but that no diversion in 
 T)iy favour was soon to be expected. My army was in a corner, surround- 
 <?d by a wilderness of waters and a wilderness of woods — all communication 
 with my country, eillicr by land or water, cut oU— my stoi-es of provision 
 and ammunition but sufficient for a short duration — add to all this that, at 
 the moment of expected conflict, I received information that a part of my 
 own troops had gone over to the enemy, and that a larger body were about 
 lo join him. -~Ui«lcv such a combln.ation and pressure of ativjrse circximj 
 
6^ 
 
 ■ ;■<(- 
 itanccs, the army must have j'ielded in a little time, notwithstanding' an^' 
 temporary success — T did not think I should be justifiable or even excusa- 
 ble if I risked a Battle when victory could purchase no real good ; and 
 ■when the consequence of defeat, or even the consequences of being drivel! 
 into the fort, would be to submit the whole country which I was sent to 
 protect, and that part of my force which was on detachment, to the ruth- 
 less ferocity of Savages, armed with tlie horrors of those instruments oi 
 carnage and torture which are known to spare neither age or sex. 
 
 From such a calamity 1 knew a capitulation would be a protection. 
 
 The British, if made master of the country, without a battle, would be 
 able to restrahi their merciless allies, which they could not do after a con^ 
 test, even if it should be only so far successful as to oblige us to reu-eafc 
 into the fort. A savage will have blood for blood, though he draw it from 
 the veins of the defenceless. Victory only heightens his inhuman thirst 
 ior blood. 
 
 I offered a capitvilatlon and surrendered. 
 
 " I Well knew the high responsibility of the measure, and take the whole 
 of it upon myself. It was dictated by a sense of duty, and a full con- 
 viction of it's expediency. If ought has taken place during the campaign, 
 Vhicli is honourable to the army, my officers are entitled to a large share 
 of it. If the last act should be disapproved, no part of the censure belongs 
 to them.'* These, Sir, are the words of iny official communication of this 
 unhappy event to the Secretary of war. I repeat them— it was sir, a sense 
 of duty' which drove me to the measure. It was a sense of what I owed 
 to the protection of the inhabitants of the territory I had so long governed- 
 I felt myself bound to sacrificefevery private feeling, and, in spite of them- 
 selves, to save from useless waste the blood of the brave men I commanded. 
 Nor, sir, will I conceal, that, in the midst of carnage that might ensue a 
 battle, my parental Icelings saw a daughter and her offspring, who were 
 with me in the fort, bleeding under the tomahawk of the Savage ! 
 
 If these be considerations unworthy of a soldier, then I urn without ex 
 cuse— then indeed you may pronounce your utmost doom— But do not lei 
 me transmit to my posterity a name tArnisiied by the foul crimed imputed to 
 mc~I say I am as free from the sins of tliat black catalogue as any man 
 who hears me— But if a propitiation be necessary, and it must be the rem 
 nant of the life of a man whose country has heretofore acknowledged hi^ 
 claims to her gratitude— and who has not ceased to deserve it— Here is one 
 that I offer— T would freely part with it, if you will not take from me and 
 from my family and posterity my honour and character. 
 
 It appears that the view which my officers had of our situation at arout the 
 time of the retreat and surrender, was very different iiom what iL wouhi 
 appear to have been from the testimony they have given before you— a' 
 least the obscrv.itiun applies to Gen. Cas.s. 
 
 Tlie testimony of -Air. Sjlliman (tlie Ceneials brother-in-law) of IMr. 
 MWh, and of Mr. Converse his neighbour, proves that in letters written bv 
 him at the times io whidi hi.-; testimony relates, he liud different seiUi- 
 'iKHt- from thobf he 3'a«) hr." rspressc^l In a >'AtY_ of rh<: .3d ^f A ngnbi .. 
 
at which time we were in possession of the enemy's territory and all the 
 resources that might be drawn fro-Ti thence, Gen. Cass tells Nfr. SilUmin, 
 that provisions would become necessary for the existence of the troops, 
 fn a letter to Mr. SlUiman after the fall of Michilimackinac Gen. Cass 
 says, that the impression made by the fall of Michilimackinac, could 
 scarcely be conceived. In the same, or some other letter, according.' to 
 the testimony of Mr. Silliman, Gen. Cass pressed him to use his influence 
 to procure reinforcements for the army, and expresses his surprise that: 
 we were left without co-operation — by puttlnof to his corresnondent the 
 following- interrogation. •' Is there nothing to be done in the lower end 
 of the lakes to make a diversion in our favour?" In a letter from Gen 
 Cass to the same gentleman, dated on the 12th of \u?ust. Gen. Cass says 
 " think our situation as bad as you may, it is still worse." 
 
 It is most unfortunate for me that I liave in the coui'se of the prosecu- 
 tion so often to feel the want of documents. I want to pra-e the contents 
 of a memorial which was filed on record in the war department — t ask for 
 the record and it is lost. I am impeached for not having regularly issued 
 orders to the army. The witnesses who are to support this charge, prove 
 that there were orderly books in wliich my orders were entered ; but they 
 have either been lost, or, what is more extraordinary, left at liome. Capt 
 M'Cormlc has an orderly book — but, when he was called here as a witness, 
 he left his book behind him. Other officers seem very unaccountably to 
 have thought the order to ship the baggage at the Miami, included their" 
 orderly-books — and they have been lost by that means. And now these 
 letters from Gen. Cass to Mr. Silliman, the contents of which it might be 
 so important to me to contrast with the General's testimony, it appears, 
 were entrusted to the General's Wife — and they too have been lost. 
 
 But, I ask the court, do not even the slender accounts which we have 
 had of the contents of these letters, shew that Gen. Cass, at the time they 
 were v/ritten, did believe that tlie army would be in want of provisions i 
 that reinforcements were necessary ? that the fall of Machinac was to have 
 a decisive operation on the fate of the army ? that our hopes rested on co- 
 operations from below — and that the situation of the army was critical iij. 
 the extreme ? If these were Gen. Cass's sentiments when he v rote the let,, 
 ters, — I must leave it to the court to reconcile them to the testimony he 
 has given. 
 
 The court then adjourned to meet to morrow morning at IX o'clock. 
 Thursday morning, March 17th, 1814. 
 
 The court met pursuant to adjournment. 
 
 Present all the Members. 
 
 General Hull appeared in Court, and proceeded to read his defence as 
 follows. 
 
 I now appeal with some confidence to this tribunal for their decision 
 upon the accusations which I have hitherto considered. 
 
 Were either of the acts, to which the attention of the court has been 
 directed, in themselves and abstractedly considered, unjustifiable; or rath- 
 er, (^and this is the true questioPj) was either of them so manifestly wrong-, 
 
64 
 
 ©r egregioiislylei'poneous, that it is, of itself, evidence of ti'eason, cowardice, 
 or unofficer-Uke conduct ? Are there not so many reasons for my conduct, 
 iu regard to these transactions, that I may be supposed to have acted hon- 
 estly, thoug-h it should now appear to the court that it was erroneously. 
 
 If an act may have proceeded from pure intentions, it would be the height 
 of injustice and misanthropy, to impute it to bad motives. 
 
 I shall now proceed to make my defence against tlie other accusations : 
 I shall endeavour to arrange them in the order of time, m which the facts, by 
 the specifications, are supposed to have occurred. 
 
 Hitherto, Afr. President, my defence has chiefly rested on documentary 
 evidence, or upon facts of general notoriety. As to all that follows, the 
 charges depend entirely upon parole testimony. 
 
 It seems extraordinary that there has not been a witness examined, on 
 thepart of the prosecution, who has not been promoted since he was un- 
 der my command. 
 
 A great majority of tlie young gentlemen who have been called by the 
 Judge Advocate, have ajipeared decorated with their two epaulets — these 
 Jiave been bestowed, and sometimes with the augmentation of a star, upon 
 Gentlemen who began their military career with my unfortunate campaign. 
 By what services many of these gentlemen have merited such rapid pro- 
 motion, I have not learned. But if It all arises out of their achievements 
 while under my command, I must say tliat it appears to me, that my ex- 
 pedition was more prolific of promotion than any other unsuccessful milita- 
 ry enterprize I ever heard of. 
 
 It cannot be that it has been Intended to give a weight to the testimony of 
 tho.se witnesses by giving them ranks and honours which they would not 
 otherwise have had. But Sir ; when my military character and measures 
 are to be tested by the opinions of Gentlemen, with high sounding titles 
 of military rank, I think it necessary to remind the court, that, with the ex- 
 ception of a few of the younger officers, there are none of them who Iiave not 
 been promoted to their liigh stations, without having had any military ex- 
 perience — and without, so far as I liave heard, c\ cr having discovered any 
 military talents or genius. 
 
 If the opinions of witnesses onmilitar}' conduct, ought in any case to be 
 listened to (which I conceive ought not to be) yet, I think, the opinions of 
 men of these descriptions, ought to be received with the greatest caution. 
 
 The extraordinary promotions \\hicl\ the witnesses again.st me, lir.ve gen- 
 erally attained, I tliink may be accounted for, by a recurrence to the facts, 
 of whicli this trial has afforded tlic most conclusive evidence — whicli is — 
 that each of the witnesses, from the (ienerals to the youngest and lowest 
 officer that has been called by the Judge Advocate, is himself In his ov.n 
 opinion, at least, a Ikro. 
 
 From General .M'.Vrthur, who thought himself capable of figliting a wlmlc 
 garrison, down to the lowest rank, every officer seems to have thsuglit lliat 
 if he had been the commanding General — or if I liad taken his advice — all 
 would have gone well — no doubt ihcy have Injustice themselves m-.Kle tiicsr 
 fCp.-ssentaUous to the Govcrnaicnt— iind their ranks must be considcrci 
 
69 
 
 :is a reward for the'great tUings which they said they would have done rallb 
 er than to have been acquied by any actual services. 
 
 But, gentlemen, before I proceed to examine the parole testimony, let mo 
 call your attention to another subject connected with it — I mean the inde- 
 fatigable pains which have been taken to propagate and keep alive the most 
 hateful prejudices against me. Sir, I believe there never was. a greater out- 
 rage committed on the administration of justice, and towards an individual, 
 than was the publication of Colonel Cass's (now Brigadier General Cciss^a 
 letter to the Government of the 10th of September. 
 
 That such a letter should be published under the sanction of the aibnlnis- 
 tration against a man whom the administration was about to put upon trial 
 for his life, I believe, is a proceeding of which no countiy on earth has be- 
 fore afforded an example. That the administration should, under such 
 circumstances permit the publication of such a letter as General Cass's — 
 one that labours to represent my conduct in the most odious point of viewj 
 and takes pains to heighten the public resentment against me by a colouring 
 \\'hich Colonel Cass could not know of his own knowledge was true, appears 
 to me to be a violation of eveiy principle of justice. 
 
 The court will please to recollect that Colonel Cass and M 'Arthur lefv. 
 Detroit with the Detachment to the river Uaisin on the 14th of August — 
 and did not return to the fort until the evening of the 16th — of course they 
 could not know of their own knowledge, what passed in the interim. 
 
 No person reading Colonel Cass's letter but would suppose he was an ev c 
 witness of all he relates. It is impossible to discover that he was absent in 
 the expedition to the river Raisin — ^jet General Cass states, as if it was a 
 matter within his own knowledge, that when the troops received orders to 
 retreat into the foi't — 'one universal burst of indignation was apparent 
 upon the receipt of this order." I beg to quote from this letter another 
 paragraph, to shew what was the spirit with which it was written. The 
 design of its publication I must leave the court to iaifer. 
 
 " To see the whole of our men flushed with victory, eagerly awaiting- the 
 approaching contest— to see them afterwards hopeless, dispirited, and des- 
 ponding—at least — five hundred shedding tears— because they were not 
 allowed to meet their country's foe, and to fight their country's battles, ex 
 cited sensations v/hich no American has ever before had.'' 
 
 ^Vould not every one imagine that Colonel Cass v/as here describing a 
 scene, which passed before his own eyes. 
 
 Did he actually see at least five hundred m.en shedding tears or docb 
 
 •.iic court believe that this is a representation of a ftict wliich rcijly occur- 
 led. If it were so, it is extraordinary that not a witness has testified to It- 
 <:aptain M'Commick says he observed some men shedding tears— but 
 ^.hls falls greatly short of General Cass's five hundred^ But v/lio were these 
 ^•."oeping troops. It is not to be presumed that it was intended that we 
 should believe they were the regulars — they are not commonly nuicli given 
 *-) v.-eeping — they were not the J.Iichlgan militia, because a part of then: 
 Ti, everted— r.nd the rest "ere disposed to go over to the euen.'V, rather fuv.'.\ 
 
66 
 
 fig^ht him. The men tlien who shewed this very extraordiaaiy sensibility 
 must have been Colonel Cass's patriotic volunteers — The same volunteers 
 who mutinied in the camp iit Urbanna, and would not march 'till they were 
 compelled to do so by the regular troops — the same vohmteers who rode the 
 officers of one of their companies on a rail — the same volunteers, one hun- 
 dred and eighty of whom refused to cross into Canada — and the same volun- 
 teers, who, when they had an opportunity under Major Van Home to grati- 
 fy their eager wishes to meet the enemy in combat, ran away at the first fire 
 and left their officers to be massacred. 
 
 If General Cass did not witness this scene, why did he make such are- 
 presentation. There can be no other reason, than that this kind of inflated 
 description, was intended to recommend himself to the Government, by 
 representing himself and his troops in the most favourable point of view — 
 and me in the most unfavourable that even hyperbolical language would 
 admit. 
 
 Sir, these are not the only means tl,at have been resorted to, to excite 
 and keep ali\-e the popular clamour against me — others of my officers, 
 finding what favour the publication of his letter gave him in the eyes of the 
 administration, have seen that the same road of preferment was open to 
 them — and the newspapers from one end of tlie continent to the other, have 
 been filled with letters concerning me, expressed in terms, which neither 
 "iruth, justice, or even the laws of decorum can sanction. Oown to this 
 vcrv time. Sir, the same system is pursued. Now while I have been on my 
 trial, publications have appeared in the public prints of tliis city, com- 
 mending the principal and leading witness for tlie manner in which he gave 
 his testimon}' against me, that those who were to come after him might be 
 encouraged to follow his example. And Sir, at this very momeiit, at the 
 very door of this building'-, is hawked for s;ile, a woi-k printed within tiicse fev/ 
 days, in sight of this capitol, entitled,, views of the campaign of the north wes- 
 tern army, in which my conduct und motives arc must grossly misrepresented. 
 Who are they that thirst so for my blood, and take these means to obtain it. 
 Itis not the ostensible author of this performance — h.s insignificance, and the 
 contemptible talents employed in the work, shew him to be too mean to 
 hare a motive of his own. I know not who may be tlie authors or instiga- 
 tors of such outrages upon justice — if such things are permitted, and can 
 have any influence, tben the scales ought to be torn from the hand of tlie 
 figure v.-hich adorns the Hall wherein you sit. Slie ought only to be left 
 the sword, witli wliich siie is decorated — and she ought to waive that as 
 an emblem, that vengeance and not justice, !s administered under this roof 
 Rut, gentlemen, ibr whatever purpose these acts nmy have been intended, I 
 lely witli a ])crfict confidence that you will rise superior to them. If I 
 wanted other assur.moc of it, than tliat wliich is derived from yourcliarac- 
 tcvs, I should Itave it in the patience and imp.irtialitj- with which this pro- 
 secution, 80 far as depended on you, has been conducted. 
 
 Bcfoi-e I enter on an c::aminution of the parole testimony, I must be per. 
 niitled to remark, that I cannot but think that the course whicli has been 
 pu!\sucd, of examining eacli witness in the presence of the rest,' hxs beer, 
 ■pifortunatc for Kie. 'fill thi.s court decided that it sh.cidd be so.. I o.'.z. 
 
G7 
 
 think it was a well established rule of martial law, that the witnesses should 
 be examined separately The justice and propriety of this rule, I have 
 very sensibly felt on this occasion. In a case where so much may depend 
 upon the language or phrases in which the witnesses express themselves;, 
 it would have been desirable tliat each should have been left to the 
 necessity of selecting his own language to express his meaning. But ac- 
 cording to the course pursued, each witness was at liberty to adopt the 
 words which had been used by any other witness on the same point. Th« 
 disposition of sevei'al of the witnesses to do so has, been very plainly mani- 
 fested, by their answering, wlien interrogated as to my personal behaviour, 
 that it was the same as had been represented by a prior witness. 
 
 It is true gentlemen, that the Judge Advocate would not accept these 
 answers, and I presume has not taken them down — but they nevertheless 
 shew the natural disposition of the witness to borrow the words of another, 
 and 1 have no doubt they have, very conscientiously, and often without 
 knowing it, borrowed ideas also. 
 
 Gentlemen, in these courts martial, where the members, among whom 
 there may be great inequality of grades, are intended to be put upon an 
 kqual footing as judges, care has been taken to avoid, as far as possible, 
 the influence likely to arise from authority. It is on this account, that the 
 opinion of the youngest member is always taken first. And it was on the 
 same account, as I conceive, that the rule was established, that witnesses 
 should be examined separately — that the younger might not be influenced 
 in his testimony by what might be said by the superior. It would be 
 contrary to experience of the human disposition, to suppose that after a 
 subaltern has heard two or three Generals and officers of higher rank than 
 himself testify, to whose authority he is perhaps subservient, or to whose 
 good word he m.ay have owed, or expect to owe his promotion, he will'be 
 willing to contradict what his superiors have said, or even to make a re- 
 presentation which will vary from their's. 
 
 If on any case. Sir, the weight of this sort of influence could be felt on 
 the testimony, the course pursued on this occasion would give it the fair- 
 est scope. For the witnesses seem to have been arranged and produced in 
 the first instance, very much according to their rank (except Colonel Mil- 
 ler) after the generals had been examined, then came the subordinates. 
 The exception to this general course as to Colonel Miller struck me as a 
 little singular. I did not know why he should have been examined the 
 last, particularly as he was the higliest officer of the regular army who 
 had been engaged in the campaign. lie was with me during the whole , 
 time, and had the most intimate knowledge of the transactions to which 
 the other gentlemen testified. But when I found that Colonel Miller's 
 ':03timony v.'as much less unfavourable to me, than the testimony of the 
 witnesses who had preceded him ; and tlxat lie would not support them in 
 the most material parts of their testimony, I v,as at no loss to account for 
 tins course of proceeding. 
 
 The next accusation Mliich I shall consider, is specified under tlie 
 charge of iinofScer-llko conduct, and refers to th^ comnienccment <^f tli« 
 
b'8 
 
 It I-:, ill suhstuiice, that from Ihq time I took iha cciiimaDci, I omitted tc 
 exercise, inspect, train, review and order the troops. I cannot believe gen- 
 tlemen, thai it will be necessary for me to say much on this subject. I 
 ihd expect that if any part of my conduct could have escaped the censure 
 of my enemies, it would have been tlie manner in wliich I led the U-oops 
 tiu-ougli the wilderness. When it is recollected, what an extent of road 
 -it was necessary for me to cut ;— that a great proportion of the men were 
 ron.stantly employed in tliis duty— that those who were not so, were most 
 g'cnerally fatigued with their turn of tliis laborious service,— I believe the 
 court will thuik with Col. Miller, that there was neither time nor opportu- 
 nity for that sort of discipline and exercise, which, under other circum- 
 stances, would have been proper. The commandants of reg-iments have 
 testified, that as to tlieir respective commands, there was no omission of 
 vliat was their duty in this respect. Tlie fault charged tome, is then, 
 that in the depths of the forest, througli wliich we were marchiiig, I did 
 not call off my fatigue jjarties, guards and advances, and go tlirouglithe 
 ceremonies of military parade. — And yet, as if every thing that I could 
 have done, must, in the opinion of my officers, ]»e condemned — my omis- 
 sions to have these parades, are not more severely censured, than my con- 
 duct has been f6r making some display of the troops, and in passing them 
 in review, on some few occasions, when I thought it was consistent with 
 oursituation. When the corps passed me by sections, after we had crossed 
 tlie Miami, Gen. M'Arthur thinks it was not a rcvicv/ — because I was not 
 according to his experience,- in the situation whicli a reviev.ing General 
 'yught to have been ; though he admits that the officers at the heads oi" sec- 
 tions saluted me — and he admits that it is possible he might Jiave saluted 
 :ne lilmself At the River Raisin I also passed the troops in review — I did 
 the same at Spring-wells, and marched the troops from thence to Detroit 
 and back. But these parades seem to have excited the indignation of 
 General M'Arthur, as it did, according to Iiis testimony, of other officers — 
 but for what reason, I iiavc not been able to learn. The truth is, that 
 from the moment we commenced our march, the troops were always under 
 my eye. 1 saw them on tlieir line of march — I saw them in t!icir working 
 parties, and in their encampinents. I thought it would be as ridiculous as. 
 useless, to make parades in the midst of the woods — whenever the country 
 opened, so that there was room for display, I avaded myself of it — nut 
 o)dy that J might sec the troops, and ptit them in military array : but I 
 tiiought it would have a good cffi^ct to shew our line to the best advantage 
 ut the little settlements wlsich we passed— and on our arrival in tlie neigU- 
 bouriioud of Detroit. 
 
 I shall trouble the court will) nothing furtlicr in relalion to this diargr, 
 tlnm the following quotations from General Cass and Colonel .MiUerV. 
 testimony. General Cass states that " from the time they left Urbalfna, 
 the m;u'ch was conducted with all possible expedition. Tlierc was no 
 time to discipline the troops." — Colonel Miller on his cross examination 
 !»ays— " on the march there was no opportunity to discipline the troops. 
 
60 
 
 The fatigues of the marclf, and cutting- the road, and making the encamj- 
 ments, were as much as the troops could endure." 
 
 Connected with the accusation which I have last answered, is anothei-, 
 which is in substance, that I did not, during the march, prepare and make 
 known an order of battle. That I prepared and published an order of march, 
 is admitted — a plan of it, which lias been proved by several witnesses, i.=: 
 before you. This plan as appears from the testimony of General Vam 
 Eensallear and other witnesses, is that which was adopted by General 
 Wayne, in the expedition which he commanded and marched through the 
 same country. This order of marcli, was in fact, an order of battle — op 
 at least, so little change of the disposition of the troops was necessary in 
 case of an attack, that it could be made in a moment ; and was so obvious, 
 that it could never be mistaken. It is remarkablfe that the commanding 
 officers, whose testimony was expected to support this accusation, all 
 say, that they knew how their respective corps were to form, in case of 
 attack — thougli, as they say, they never heard of any order of Battle. It 
 seems then, tiiat an order of battle was made known, — and the accusation 
 must tlien rest upon tlie allegation ; that the order was not made or pub- 
 lished by me. General Cass's testimony on this subject, is as follows. 
 
 " I think when we arrived near the river Huron, or between that and 
 Swan creek, the com.manding officers of regiments, under an expectation 
 cf an attack, applied to the General — and he permitted them to form an 
 order of battle. I do not i-ecollect that the General assisted in making thp 
 order. 1 think the plan originated with Colonel Miller — I do not recol- 
 lect that the order was afterwards submitted to General Hull. I presumo 
 there was an orderly book, as orders were issued." 
 
 General M'Arthur's testimony on this point is as follows — " on the d.-iy 
 we passed the river Raisin, our march was about nine miles, and we en- 
 camped near Swan creek. Rumors were among the inhabitants tliat we. 
 should be attacked by Indians who were assembled at the Huron, about 
 six miles in advance— ^myself and Colonel Findlay called on the General, 
 smd stated that some plan of battle ought to be agreed upon. In the ' 
 march my regiment was divided — a Battalion marched on each side of 
 the road, in the rear of Colonels Findlay and Cass. I mentioned to the 
 General that thus situated, it was impossible foi- me to be with both my 
 Battalions, and I wished to be permitted, in case of attack, to form them 
 in one line. The General thouglit it would "be well enough to do so. I 
 suggested the propriety of my battalions being so formed on tlie march in 
 the rear of the regiments, as that in case of attack, I might swin^ my 
 regiment round, and form the rear line of a hollow square. The General 
 gave me hispermission to adopt this plan. I then left him. Whether Jleft 
 the other officers tviih him or not I do not hiioxv." 
 
 Major Jessup testifies that I issued orders on the march — that they were 
 g-enerally sent to him by one of my aids de camp — tiiat he nsscmblcd the 
 adjutants and communicated to them my orders. He further stated that 
 '.ho orderlT books gancraily were surrc?!derpd--bnt fhal W''p'' • ^'"Ct)rmick 
 
70 
 
 raid Cai^i. lluVlefi" wlio wcTC. lidjutants of M'AtWmr's utid rindlay's Reg', 
 jiad preserved theirs, ll uutbrtiinately happens that these books ]iave not 
 been broug^lit on by tliese gxintlcmeri — ^liad they been so, it \Vould tlieu 
 iiave :ippeared what orders 1 did issue — and this matter would not have been 
 left to tJic unccrtahi recollection of witnesses. 
 
 As I am accused of liaving omitted to issue orders, and of having g-iven 
 jnipi'oper order.^, i submit to the court, whcUier I had not a right to expect 
 that the orderly bocks v.liich were in the possession of witnesses broutjhi 
 forwiy?)! by the prosecution, would have been produced ? especially as I re- 
 quested Major Jessup might be summoned with a duces teeum, to bring be- 
 lore the court ail the cflficial documents in his possession, and the orderly 
 book. I>ut I jiroceed to examine the testimony, in relation to the order of 
 battle. Colonel Miller testifies — " Tliat an order of march was published 
 at Urbanna — and was generally known to the army. — That the army com- 
 monly marclicd according to that order — It was my understanding, says 
 Col. iililler Ihut in case of an attack in front, my Regiment was to form the 
 line in front. In case of an attack on the right fiank, we were to form by- 
 facing the encuT)' — and so in case of an attack on the left. This was a gen 
 cral understanding — but I do not recollect to have seen any order to this 
 purport, either written or verbal. I understood it from a conversation with 
 Gen. Hull, and I believe it was so understood by the other officers. The 
 General lold me that the order of march which he had adopted, was tliat 
 which had been pursued by Gen. Wayne. I know nothing to the contrary" — 
 Col. ^Miller adds — " of the Generals having been almost always, when we 
 were on the march, in a situation to direct the movements of the troops — 
 for the greatest partof tlic time the Gen. rode near me in front — sometimes 
 he passed to tlie rear. Generally the army encamped in a lioUow square. 
 After we apprehended danger, we commonly formed a breast work, and en- 
 camped within it. By a general order each line was to form in front of its 
 tents, if attacked in camp. There Avas also a general order for turning out 
 r:ie troops by taps of the drum, proceeding from head quarters along the 
 lines. 'I'his method was pi-actiscd, and the troops were called to arms cve- 
 rj' mornir.g before dawn, by tlie^e signals." 
 
 I believe, Gentlemen, that this is the v.holc of tlie testimony on this point, 
 which can be considered as of any imj}ortancc. It cannot be disputed then 
 but that Uiere was an order of battle. But General Cass's testimony seems 
 intended to leave an impression that the order <Jid i^.ot originate wit!i me — 
 but that it was suggested by my officers, and adopted by them with my 
 consent — without my having given myself mucli ti"6ublc about it. 1 can. 
 !W)l but think that in this instance, tlicre is a display of tlie spirit, with' 
 »\ hich much of the testimony lias been given in this case. It sCcms to have 
 been determined that 1 shall not even share in the credit of any thing that 
 v.'us done, tliat ouglit to have been done, my oiHcers claim every thing that 
 i.s meritorious as theirs. 
 
 <;encrjil Cass .sajs, he does not recollect v.liethcr I assisted in making 
 flic order — ^or v.|iellicr it was submitted to me after it was made. This.i^ 
 onf ( f <hf inslancpx, in vhleli it i:-! r:Mtr',irely nnfor'utirite ^(yv me that th'V 
 
71 
 
 ifiGoIlectian oftke witnesses entu-ely falls thcixi, as to JViCiUeis of the great- 
 est importance, aitd which might be decisive, if in my favour, as to thepai'- 
 ticular accusation ; while their memories serve them with remarkable cor- 
 rectness and minuteness, as to circumstances which are unfavourable to 
 ^ne. 
 
 I hope I may be permitted to digress, so far as to remark another in- 
 stance of the unfortunate want of recollection, thoug'h it relates to a dif- 
 ferent point. 
 
 Major Jessup after having stated that he came to me in the fort, after the 
 flag was hoisted on the 16th of August — adds — " I enquired of the General 
 if it were possible we were about to sm-render — the General said something 
 about the enemy's force, and something about terms, which I do not re- 
 collect" — Major Jessup tlien goes on to state very particularly what he said 
 to me to express his strong aversion to the surrender. I have surely great 
 reason to regret that Major Jessup's memory would not enable him to 
 state what I said, when it might have been so important to shew the mo- 
 tives of my conduct — while every thing that he said to me, which was cal 
 culated to set his own conduct in the most favourable point of view, made 
 so deep an impression on his mind, that he could undertake to relate the 
 very expressions he had used. But to return to what respects the order 
 of battle. 
 
 Genei-al M'Arthur states that after, on his suggestion, he had settled 
 with nie, how he was to STww^g- his Keg. in case of an attack — says — " I then 
 Jeft the General — whether I left the other officers with him or not, I do not 
 know." It appears then, that this arrangement about the order of battle, 
 was concluded in the presence of other officers — what others. General 
 M'Arthur docs not state. Col. Miller says he understood from conversa- 
 tions with mc, what was to be the disposition of his corps in case of an at- 
 tack. 
 
 Thus it appears that Col. M'Arthur, Col. Cass, Col. Findlay and Col. Mil- 
 ler all knew what they were to do, if an enemy waste approach us. What 
 foundation is there theft for a charge that no order of battle was made 
 known .'' If the subordinate officers were not instructed as to their duty in 
 the event of an attack, was it not the fault of these commandants of corps, 
 and not mine ? Suppose there had been no written order of battle — but that 
 after the order of march, which so nearly approached the order of battle, 
 had been formed, I had explained to tlie commandants the disposition I in- 
 tended, in case of an attack — could any man say I was deficient in duty, 
 because I had not explained my intentions in a written order ? I believe no 
 one acquainted with military history or practice will think a General is 
 bound to make an exposure of his plans, in every orderly book in his army. 
 If the witnesses, on whose opinions these charges and specifications, Jiave 
 been framed, have entertained such erroneous ideas oi\\\c duties of a com- 
 mander, as this accusation seems to indicate, I hope, nov/ that some of tliem 
 have attained a i-ank which may give them the command of armies, tlicy 
 will learn, that by giving a general publicity in their orderly books to 
 ''■ "ir desigiis, in case pf ai; att">ck it wlU bt a departure from their duty-^ 
 
1% 
 
 and that they may oftea thereby give their enemy an opportunity of gain- 
 ing information which he ought not to have. 
 
 As to the order of battle at night ; it is proved by the testimony of Col. 
 driller that that was settled by a general order, which was made known to 
 all — and when the court considers what was the nature of our lines of 
 march — ^liow neai-ly it approached the only order of battle, which could have 
 fceen proper in the loarfare which we were to expect—how instantly the 
 order of march was made the order of battle — and consider also, that I was. 
 always at the head of the troops while they were on the march— I am per- 
 suadfid the court will think there is no foundation for this accusation — If 
 it has not originated in malice, it certainly has in ignorance. I am unwil- 
 ling to detain the court longer on a charge, which in my own opinion, is 
 sufficiently answered. But I know I ought not to place so much confi- 
 dence in my own opinion, as not to avail myself of any thing which may 
 have an influence on the opinions of others. I must therefore, advert to. 
 «ther testimony, which I believe, ouglit to be conclusive on this point. I 
 mean my letters to the war department. Those to whicli I shall refer for 
 this purpose, the court will recollect, were read by the Judge advocate. \i 
 I had oftered them, they certainly would not have been conclusive evidence 
 in mv favour — but when introduced on the part of the prosecution, so far as 
 they establish any thing in my favour, they are as good evidence as they, 
 are to prove any thing against me. It would be a manifest violation of 
 justice, if this sort of testimony should be resorted to for my crimination, 
 and I should not be permitted to avail myself of it, so far as it might servt 
 for my exculpation. It is a general rule, which applies to the administra- 
 tion of justice in all courts, that wherever .a document is read bj- one side* 
 ■the whole of it becomes evidence, of which either party may avail himself. 
 I beg leave to remind the court that this rule has been acknowledged by 
 the Judge advocate. The court will recollect, that in the course of the 
 examination of Capt. Fuller, Major Parker objected to takedown his an- 
 swer to a question which I put to the vvi'tness, as being unnecessary, be- 
 cause the fact as to wliich f interrogated him, was sufficiently proved by 
 mv letters to the Secretary at war. In my letter, dated Solomon's«itown, 
 18th June, 1812, 1 say — " my order of march is in two columns, with strong 
 front and rear guards. Tlie columns flanked by the riflemen and cavalry, 
 ^vhere the ground will admit — the baggage, provisions, &c. between the 
 columns. Tlic army has been practised from the two columns to form two 
 lines, either in front, rear, or on eitlicr flank — or to form a square facing 
 outward — my order of encampment at night, is a square, facing outward^ 
 with all the b.\ggage in the centre, £ic." 
 
 My letters of the '24th June, 1812, from near Blanchard's creek, inclosed 
 to the Secretary at war the order of march which has been given in evi- 
 dence. Among the manuscript notes subjoined to that order, is one in the 
 following words—" The columns are in a situation to form two lines in 
 front, rear, or on cither flank, or to form a square." 
 
 After these observations, 1 cannot b«t be satisfied, that t!ic court will 
 think that there was no ground for charging me with ncglcc1.ing to diJcl- 
 
^'ifle and review tny Iroops, or omittingf to prepare, and make known aji 
 order of battle. 
 
 The next accusations that I shall consider are, that I neglected to repair 
 and put in order the cannon at Detroit, and to put the place in a state ofde.- 
 fence— that I did not seasonably repan* and put in a state of service, the ar- 
 tillery necessary for the operations in Canada ; and that 1 did not transport 
 them to the enemy's shore, as soon as I ought to have done. I have already 
 bad occasion, inciilentally to notice these accusations — and I shall give no 
 further answer to them than to refer the court to the testimony of Capt. 
 Delliba. He states that, when I arrived at Detroit — " The fort was gen- 
 erally in good order, and in a good state of repair"— -on his cross examina- 
 lion, Capt. Dalliba says — "The fort was m the state of defence I have de- 
 scribed, except as to some immaterial matters on the 4th day of July, be- 
 fore the arrival of the army. Afterwards somethmg was done with the 
 wrdnance stores, and mounting the cannon. But every thing designed for 
 the defence of the fort, exclusively, was completed on the 4ih of July.— 
 After the General's arrn^al at Detroit, industry and exertions were used to 
 put in order the field pieces and heavy artillery for the siege of Maiden. 
 This was done (says the witness) under my superlnlendance, and by order 
 of Gen. Hull." 
 
 This witness was examined on the 8th of Feb. fou day.? afterwards — on 
 the 12lh he is again called by the Judge advocate, and then he testifies as 
 follows : '• I had before stated that no alterations had been subsequent to 
 the 4th of July for defence of the fort. Some few artificers immediately after 
 the arrival of Oen. Hull, went to work to repair and mount some heavy 
 cannon on trucks, to be placed in the batteries on the banks of the river; 
 and some repairs were made to three brass field pieces, and a small quan- 
 tity of ammunition was fixed for them — But no oi iar was received to my 
 knowledge, to prepare the heavy field artillery until after the army went 
 to Canada. I have the order, and think it was dated on the 15th or 16th of 
 July." 
 
 1 have already made some remarks on this testimony, and stated that the 
 order was in fact given on the 14ih of July— until that time the artificers had 
 >ieen otherwise employed. I will remind the court here of the objection 
 rrSered — and which was ovev-ruled by the com-t, to this mode of re-exam- 
 jning a witness. If to examine the witnesses in tht presence of each other^ 
 be a departure from the usages of courts Martial, it is certainly a much 
 -wider and more important deviation from that usage, to call up a witness, 
 and to allow him lo make important alterations in his testimony, after he 
 jhas been listening for days to the testimony of other witnesses. 
 
 I now mark this irregularity, as I conceive it to be, for the sake of pre- 
 senting it, as well as the fact of all the witnesses having been, pursuant 
 *.o a determination of this court, examined in the presence of each other, 
 to the attention of the high officer, who has authority to review tliese pro* 
 -;eedings. Colonel Miller testifies that he " discovered no want of execu. 
 *ion, in respect to preparing the heavy and light field artillery, after th^ 
 urmy arrived at Detroit." 
 
 if 
 
General Taylor says—-" Ibellere no time was lost in preparations — tio^ 
 ber and some large wheels were g-ot out." Ag-ain the same witness says — ; 
 that he visited the artificers every day, to hurry the pieparations, with 
 orders from General Hull—" and I must sa}', (adds the witness) that Gen- 
 ital Hull shewed great anxiety in g-etting' the artillery ready. I pray 
 leave to make one remark on this language of General Taylor's, which I 
 am aware may have the appearance of being hypocrltiaal. But I beg the 
 indulgence of the court, 'till I have explained my reasons for noticing a 
 circumstance apparently trivial. Why should General Taylor preface his 
 testimony of this fact in my favour, with the phrase " I must say." It 
 seems, as if, to state any circumstance favourable to me, was the result of 
 a compulsion, to which his mind unwillingly submitted. In this instance 
 he speaks like a penitent, w^iose conscience obliges him to m.ake the ac- 
 knowledgment of a fact, wh.ch his inclination would prompt him to con- 
 ceal. I had a right to expect that when the witnesses could testify any 
 thing in my favour, they would speak in the same um-eserved language 
 which they used, when they intended to e:spose my misconduct. Upon 
 5nost occasions, observations on circumstances apparently so light, might 
 not be proper or necessary. But Gentlemen, I beg you to recollect, that 
 the witnesses have undertaken to interpret my looks — and have ventured 
 to infer from my countenance, from my appearance and manner what was 
 passing in my mind, and by what motives I was actuated. They have not 
 hesitated to express opinions, derived from no other indications — when 
 they knew that these opinions might affect my honour, and my life. It 
 cannot be improper then, that I should ask you to remark even the slight- 
 est expression of a witness, which I may think will betray the disposition 
 with which he testifies. It is with reluctance, that I attempt to impeach 
 the testimony of any witness who has been called against me. I have been 
 taught to venerate a soldier from my infancy. I know that the profession 
 of arms generally adds lustre to the most noble virtues. But I know that 
 men do not change their natures by becoming soldiers, nor by attaining; 
 the most elevated rank ; and when they can reconcile it to themselves to 
 accuse mc of cowardice, from appearances so fallacious ; surely I may 
 yemai'k that expressions they have uspd, indicate bias, partiality or pre» 
 judicc. 
 
 Without detaining the court with a particular recapitulation of more of 
 the evidence on this point, I shall content myself with referring the court 
 to the very important and decisive testimonj' of Captain Dyson — to the 
 testimony of Captain Bacon, and finally to the testimony of .Mr. Watson— 
 whp says that after my arrival at Detroit, no man could have been more 
 industrious and indefatigable than I was. I proceed to a new subject, and 
 ^hall now make my defence against the accusation, which is in substance ; 
 that I did not aval myself of the opportunity, which the defeat of the 
 Enemy, by Colonels Cass and Miller, and their possession of the bridge 
 over the river aux Cmai-ds, on tlie eighteenth of July, afforded of making 
 an attempt on Maiden ;-~and that I did no*, maintain possession of the 
 fcridcfe. 
 
This forms i)\& sixth spec'ification undet the charge of unofficer-l'&ft 
 cbnduct. 
 
 The exposition v-hich T have alrearlv presfnted of my views and de<?)crns 
 tvhen I crossed to Canada, would, T hnmblv conceive, afford a sufficient 
 answer to these accusations T did not think it expedient to attack Maiden, 
 under any circnmstancps vrhlch existed, pre- ions To onr leavin<T Canada, 
 Why T thouc-ht it expedient T have already explained. The advantaffes 
 which t thonsrht were to be srained bv delav — a resrard which mv order* 
 compelled me to nav to the security of mv own nosts — ^the necessity ot 
 keepinsr open mv communication, the certain conseouences of defeat— anci 
 ihe probable con<5equences of victory — have all been considered in making 
 mv d'^fence aarainst the chartre of undue deliy in Canada. TfTwaspisti" 
 fiable or even excusable, in deferring: the att3ck on Maiden. T must be so 
 in hav'np- omitted to avail mvself of the possession of the bridsre— and in 
 not h-y'n<T attempted to maintain it It would have ^een absurd to have 
 attem.pted to maintain a post so far in advance, unless it was with a view 
 to an immediate movement on Madden. But I bee: the coxirt to advert +othe 
 date of this transaction, tt was not on the eisrhteenth of .T^ilv as mention- 
 ad in the specification but on the seventeenth as appears bv mv letter to 
 Colonel Cass. This was the fif+h day pfter we moved into Canada — at that 
 time, the deliberation." of mv officers in Canada, had uniformly resulted ia 
 the exnression of an opinion that the attempt on the enemy's fortress 
 should be deferred till the artillery was prepared. And it was imme» 
 dir.telv aflcr the council at S.indwich in which Colonel Cass himself, 
 as apnears bv the testimony of .Ti'dp-e W;thcrell had advised that the at? 
 tack on Maiden should not he made without cannon. 
 
 My views in sendins? this detachment or rather in permitting Col. Cass t© 
 rnarch it, appears from his testimony — ^T meant it as a reconnoiterinc^ party, 
 knd by no means intended that the commanding: officer should pursue mea- 
 sures which mitrhtexnose the detachment to be sncrificed, or oblige me to 
 abandon the system I hr.d adopted, by leading my whole army to its sup^ 
 yort. Col. Casi testifies, that a day or two after Col. M' Arthur was de» 
 fached to the river French, he (Col. Cass) requested me to permit him tO 
 reconnoitre the o-round between Sandwich and Maiden— that T did permit 
 it, and a detr.cJiment of 280 men were ordered for that service. 
 
 General Taylor states, that he was present when news arrived that Col. 
 Cass had taken the Aux Canards bridg-e — " that I expressed my astonish» 
 Hient that Col. Cass should h^ye commenced hostilities — as 1 was not ready 
 with the artillery— that I appeared to be irritated, because Col. Cass had 
 taken upon himself to act, without my authority — the detachment bavin|; 
 only been sent out for observation." 
 
 It cf.nnot be doiibted but that General Cass knew my views, and the ob« 
 jects of his detachment — How far he was justifiable in pursuing measures' 
 so contrary to them, not only in making an attack, which might have forced 
 liie to a general and decisive action fer his support, but ffter my verbal br^ 
 ders to retire, persisting to maintain his situation,' until he had tried the 
 effect of a ^^tittcn remonstrance t<? me. it is iwnfC?ssary novi' iQ c^nsi^iif 
 
1 do now believ^e that the w hole of tliis proceeding; was 3. laanoeuvre, to ai- 
 ford g-r-junds for new clamors ag^ainst me and we.'iken my authority. My 
 officers, long' before they had matured their conspiracy, to wrest the com- 
 mand from me, by actual violence to my person, had formed a plan, of 
 which I firmly believe this was a part, to place me In such a situation aj 
 would oblig-e me to be obedient to their schemes. If any thing successful 
 was done, they would claim all the merit — In case of disaster, the blame 
 could easily be thrown on the commanding General. If I had led the'ar- 
 my to the Canards, which probably I must have done, to have maintained 
 the bridge, instead of its being alleged against me as a crime, that I did 
 Hot do so, do you not believe Gentlemen in case we had been defeated, 1 
 should have 'been charged with misconduct, in having acted in opposition 
 to tlie advice of all the Councils, not to move on Maiden, without artillery ? 
 And when it is considered that Col. IM'Artlmr was absent with a large de- 
 tachment — that I had received no intelligence from him— that I was under 
 great uneasiness on his account — I do think that if I had left him in my 
 rear, and with only part of my army, had taken grounds, which might have 
 been the field of a general action with the enemy's whole force, which waa 
 then, either in respect to its regulars, militia or Savages, unascertained, 
 and at that time but inconsiderably weakened by desertion, I should have 
 been highly culpable. Col. Miller's account of this transaction is as fol- 
 lows — " Itv answer to a message sent to Gen. Hull, he sent us an order to 
 return. The purport of his message was, that he could not soon be ready 
 for the attack on Maiden — and could not think of dividing the army. We 
 tlien wrote to him and pressed in strong terms the necessity of maintaining" 
 the bridge. In answer to which, he sent a written discretionary order to 
 us, expressing his anxiety about Gen. M'Ai'thur, &c." — This order has been 
 proved. It is in the following words. 
 
 " Sandwich 17th July, 1812. 
 Sir, 
 I have received yoiu* letter of (his morning. To my astonishment I have 
 not received the least Information from M'Arlliur. It is possible some- 
 thing unpleasant has taken place. It will pnjbably be a Aveek before the 
 cannon will be mounted. I am sensible of the advantage of holding the 
 bridge. I would not however, hazard too much for the purpose. The 
 enemy may pass the ford above and come in the rear. I will howevci' 
 leave to your discretion and Col. Miller's, under all the circumstances of 
 tlie case, to do that which you judge most e.tpcdient. Twelve miles are a 
 J^'eat distance — and the enemy Can either land in boats above the mouth of 
 the river, or pass at the ford to attack 30U. You know the ground bettci* 
 than 1 do, and as I belijre observed — I will leave iJie measure and the forci: 
 lo your discretion luid Col. Miller's and the best mode of security to tht, 
 party." 
 
 I am very respectfully, your most 
 Obed. Servt. 
 
 W. Hull B. General 
 Col. Cm5. Commander. 
 
f7 
 
 Ciol. MLller further testifies that " upon the receipt of this lettCF, tbe es". 
 ficeis were called together, and it was decided, that unless the bridge, be, 
 ing 12 or 14 miles from our camp, and only 4 or 5 from the enemy, could 
 ke supported by our lohole force, we had better return, and that as we had 
 not the disposition of the whole force, which was thought necessary, wc 
 «ught not to take the responsibility." 
 
 This testimony I think developes too plainly to be misunderstood the: 
 iesign of these proceedings. I was to be compelled to abandon my own 
 plans and to adopt those of my officers. I was to be compelled to lead my 
 whole force in a manner, under the walls of Maiden, without being provi- 
 Jed with artillery — and I was urged to do this by the commandant of the 
 detachment, who, but a day or two previously, had given a decisive opinion 
 in council, that tlie attack on Maiden should not be made until the ordnance 
 was prepared. But when it was found that my order left the officers of 
 the detachment a discretion, and that if any attempt to maintain the bridge 
 should be attended with any disaster, the officers must share the responsi, 
 S)ilily — then tliere was no doubt as to the measures to be pursued. It would 
 have disappointed the whole design, if I should escape any part of the 
 «dium. 
 
 But however this affair of the bridge has been magnified, it is a fact, thaC 
 the possession of that pass by the enemy, never was contemplated as an 
 •bstacle to a movement on Maiden. They in truth, never attempted to 
 mamtain possession of it. Col. Cass's rencontre was only with a reconnoit- 
 cring party. According to the testimony of Col. Miller, they saw no more 
 than 50 of the enemy— He says they had about 25 men on the bridge, and 
 about 25 on our side, and that some men were discovered in the woods. 
 After this, there were, as appears from the testimony of Col. Cass, repeated 
 detachments sent from Sandwich to the bridge. They always found it un- 
 occupied by the enemy. It could then have been no object to have moved 
 flie army to that post, until the attack on Maiden was determined upon. 
 
 It is curious to observe what trivial and irrelevant circumstances ingenu- 
 ity can bring together to create false appearances. Some of (he gentlemen 
 who were prisoners with the enemy at the time of this transaction, have 
 been produced to testify that when accounts reached Amherstberg that 
 »ur detachment had appeared in tlie Aux Canards, it created great con- 
 sternation, and it was intended that it should be believed that the enemy 
 were ready to abandon their post at our approach. But :t turns out upon 
 further examination from witnesses of the same description, that the dis- 
 position to fly was only manifested by the town's people, who tliought it 
 unnecessary to expose their persons and effects in a place which was iike- 
 ly to be invested. This, so far from evidence of an intention to yield the 
 place without contest, is not an unfrequent measure when the most obsti- 
 nate resistance is intended. In my letter to ihe Secretary at war of the 19th 
 July, I mention the affair at the Aux Canards Bridge, and say great credit 
 is due to Col. Cass and his detachment for fii-mness — Col. Cass and the 
 •ther volunteers, when supported by the proportion oi' regulars which 
 were with them in this first encounter with any enemf , I did tl»in-k cvedit 
 
<fas uue lo both mtn and officers— But whenfl wrote that letter I had' Ai'i 
 the same views of the designs formed against me, which subsequent cir- 
 cumstances have expressed. I did not then see that a phan, which has been 
 so successful, was settled, to make my destruction a merit which was to 
 give another my place, and some of his accomplices, 7'ank axid fortune. 
 
 lam charged with unofficer-like conduct in suffering my communication 
 ■with the river Raisin to be cut off'. I'his imputatii)n is among the last that 
 i expected to find in the catalogue of my accusations. If it had been in- 
 tended to shew that nothing that I did or intended to do, could escape cen- 
 sure, this specification would afford strong evidence of such a disposition. 
 In the means that I took to open this commtinication, are also made the sub- 
 jects of accusation. The detachment under Col. Van Home, the retreat 
 i'rom Canada, the detachment under Col. Miller and under Colonels M'Ar- 
 thur and Cass, although they were all measures which were dictated by 
 the strong necessity which I saw and felt to keep open the communicationr 
 m question— are all set down as instances of misconduct. But I would 
 ask those, at whose instigation these charges have been made — what mea- 
 sures I should have pursued to have affected this object ? It must be re- 
 membered that it was utterly in vain to have opened the communication 
 to the river Raisin only- — no supplies could come from tlience, that were 
 not drawn from tlie western states. 1 must therefore have protected the 
 voad all the way from Ohio. Was this to have been done by stretching 
 back so great a distance with a sufficient forte ? If so, my whole army 
 would have been insufficient for the purpose. The two hundred men I sent 
 mnder Major Van Home, my two senior officers thought insufficient. Iti 
 their ofiinion I ought to have detached for this duty one of their regiments. 
 Col. Miller, after he had defeated the enemy, had more than 500 men left^ 
 and was within 14 miles of his destination. He thought it necessary to 
 send l)ack to me fi, a reinforcement of one hundred and hhy or two hun- 
 di-ed, before he coulU proceed — .although he knew tliat at the river Raisin 
 he was to be joined, and would be strengtlicnod in Iiis mxirch back by the 
 detachment under Capt. Brush, which had escorted the provisions to the 
 river Raisin. If so great a number of men was requisite merely to force ?. 
 passage to the river Raisin, and back, how great a portion of my army 
 would have been necessary to keep open the road to Oliio, or even that por- 
 tion of it which was between Detroit and tlie Raisin .■' 
 
 I tliink it must appear to the court that I could not h.ive kept open this 
 extensive line of com.munication, witliout distributing my wliolc iirmy along 
 the road — and yet, according to the infci'enccs to be drawn from tlic charg- 
 rs and specifications, I was criminal in not carrying on an offensive wai' in 
 Can.'ida,and in not performing at the same time another service which 
 would have required all my troops. 
 
 That this comnumication ought to h.ive been kept open, is most certain—^ 
 7 did expect it would liave been. I did suj)pose that a force would have 
 fcecn sent after nu\ :.dequate not only to this purpose, but to augment my 
 army. 'Ihe grotmds 1 had for these expectations, will appear from docuv 
 tn'jnts which arc fjefore t!ie couit, to some of which I have alxeadv advertcJ. 
 
a 18 alieged that I was guilty of misconduct in sending the detack- 
 jaaent under Major Van Horne — because it was inadequate to the purpose 
 for which it was intended. Tlie proof of the inadequacy I presume is, that 
 jt was defeated. It appearg however, that it was not owing to the want of 
 numbers, that this defeat happened — according to Major Van Home's owa 
 account, the party that attacked him, he judged from tlie fire, wus from 150 
 to 200. This was conjecture, for more than 40 savages weie not seen. 
 But these volunteers, the same patriotic men who are said to have wept so 
 bitterly because they were not allowed to fight at Detroit, fled in the first 
 moments of an attack with the utmost disorder and precipitation — had this 
 iH0t been the case, the detachment was sufficient. If it had fought the ene_ 
 my, there can be no doubt but it would have made its way good to the riv- 
 er Raisin, where it would have been joined by a lai'ge detachment under 
 Capt. Brush. If the detachment had been ever so large, it would have 
 been insufficient, if the men behaved no better than those Major Van Horne 
 commanded did upon this occasion. But, Sir, the true foundation for thig 
 charge, is that I did not think proper to be obedient to the advice of my 
 two senior officers. It was placed in this black catalogue, solely for the 
 purpose of giving them an opportunity of proclaiming to the world their 
 own superior sagacity and judgment. It was to g.ve them an opportunity 
 to prove, by their own testimony, that whatever I did was wrong, and that 
 wh.ttever they advised, would have been right. 
 
 But possibly I ought to ha\e suffered the advice of these officers, upon 
 this occasion, to have had more weight. I should have reflected that they 
 had the best opportunity of knowing the character of their own troops, and 
 might have anticipated their shameful conduct. But then I think I have 
 reason to complain that Cols. Cass and M'Arthur were not at this time as 
 candid as they were when it was proposed to attempt Maiden bv assault 
 and that they did not tell me, as they did then, that they could not be re* 
 sponsible for their men. If they had told me this, I might have thought it 
 right to increase the force of the detachment, and to have added to it some 
 regulars, whose presence might, as it did at the .^ux Canards, have encour^ 
 aged the volunteers to face the enemy or made them more afraid to run,'^ 
 away than to fight. 
 
 The court then adjourned to meet to-morrow morning at 10 oclock, 
 
 Friday morning, March IQth, 1814. 
 
 The court met pursuant to adjournment. 
 
 Present all the members : 
 
 General Hull appeared in court, and proceeded to read his defence a$ 
 follows. 
 
 The next accusation is one that can only have been set down to swell the ' 
 list of offences imputed to me. For it is without any manner of foundation. 
 
 It charges me with unofficer-like conduct in having detached Col. .Miller 
 an the 8th of August, and not having eupplied him with provisions when Jj^ 
 was near Brownstown. 
 
1' 'VThile Sir, I feel myself bound to acknowledge the llbevallty with wlilcfe, 
 Shave been treated by the Judge Advocate in the course of this trial, and 
 the delicacy with which he has in general refrained from repealing ihc odi- 
 ous epithets which are so profusely and wantonly used in the specifications, 
 I cannot but regret, that he has in respect to this charge departed from his 
 general observance ; and that he should upon such evidence as was before, 
 him have thought himself justifiable in imputing to me misconduct on tliis 
 occasion an useless waste of American blood. 
 
 Sir, the American blood that was spilled in the contest at Brownstown 
 was gloriously shed. It purchased a victory that did honour to our arms. 
 True it was ineffectually shed— but to lay the failure of the eiUerprize to 
 Mie and to reproach me with this waste of blood, is as unjust as it is in- 
 human. 
 
 ' 1 do not understand that I am supposed to have done wrong in sending 
 the detachment, or in not making it of greater force— By the testimony of 
 Col. Miller, it appears that he marched with 600 men instead of 500, as is 
 mentioned in tlie specification— But the misconduct imputed to me is as \ 
 understand solely that I omitted to supply. Col. Miller with provisions after 
 the battle at Brownstown. 
 
 Witli respect to the want of provisions it appears that the detachment 
 was amply provided when it left Detroit. 'Ihe march tliey were to perform 
 v/as about 30 miles— and Col. Miller states that they were furnished with a 
 fiupply for two days, when they set oni— but (he says) the provisions were 
 Ihrown away with the men's knapsacks when they were attacked— and 
 though lie represents the enemy to have been entirely beaten, and so far 
 driven from him, from off his route, that Captain Maxwell went from him 
 to Brox^mstown and back, md reported that the enemy were all gone— and 
 though Col. Miller states that he returned to the battle ground with his 
 %vhole force aiid was in fact undisturbed on that ground nearly two days- 
 yet he says in his cross-examination tliat the provisions were not recover- 
 ed, because he could not suffer his men to separate and take them up. 
 
 I cannot conceive what necessity there could have been for his men's sep. 
 arating. It appears to mc that he would only have had to march his whole 
 detachment over tlie ground where the attack was made and the provisions 
 might have been recovered with as much security to the delochment, as 
 when they were remaining inactive in the position tq which they had re- 
 trogaded. Col. Miller m his account of this transaction states, that he con- 
 sidered that his victory opened the communication to the river Raisin suf- 
 ficiently for him to have proceeded-that on the evening of the day on which 
 tlie battle was fought (that is on the 9lh) he sent Major Snclling to makp 
 . a report to me to Inform me of the loss of pi-ovisions-and to request tliat 
 I would send boats or waggons with jirovislons, and to take b.ack the 
 wounded. He was also to request a relniorcement for Ccl. Miller— which 
 C;ol. Miller on his cross examination says he suggested should be from ISO 
 to 200 men. 
 
 CoJ. Miller also states that Col. M'Arthur came down the next morning 
 (that is on the lOtii) with 8 or 9 boats, and brought with him no more than 
 
81 
 
 two baiTels of flour, one band of pork, aud half a barrel of whis- 
 kej. 
 
 That the place where the battle was fought, was about 14 mila^/ 
 from Detroit, and 16 to the river Raisin, between Maguago and 
 Browustown : it being late in the day before the wounded men could 
 be got on board the boats,- he knew that lie could not get through be- 
 fore the next night (that is the 11th) moving as cautiously as they 
 ought to do. That the men still complaining of hunger, he concluded 
 that ho could send to Detroit that evening (that is the lOth) and have 
 provisions the next morning. That he accordingly sect an express to 
 me on the evening of the 10th, requesting llxat I would send him two 
 days provisions. Tliat no messenger from me came to him until sun« 
 down the next day (that is the 11th.) That the messenger inlbrraed 
 him that he had been detained by his losing his way. That this mes« 
 seuger brought him an order from me to return to Detroit, and inform- 
 ed him that he would lind provisions at the river Ecord. That on the 
 same evening he took up his march for Detroit, and arrived there the 
 next day, the 12th. That his force was 2oO regulars and 320 militia, 
 some of the Micliigan militia, and some of the Detroit horse. That 
 Use militia behaved well. That his loss was 17 killed and C4 wounded. 
 
 Sir, it ha.s always appeared to me most unaccountable, that C'oloncl 
 Miller, after he had disposed of his wounded men, on the lOlh, and 
 when, according to his own testia;ony, he considered that his victory 
 iiad opened the communication to the river Raisin, did not proceed ; 
 lie had but 16 miles to march; he remained in the position he had ta« 
 ten. from the evening of the lOth, vfhen he had embarked his wound- 
 ed men, until the evening of the 11th, that is 24 hours, when he might 
 bave accomplished his march, as I should think, in 4 or 5 hours. At 
 the end of it he was sure, not only to meet the provisions he was sent 
 to escort, but a strong reinforcement from the detachment under Cap- 
 tain Brush. He says, however, that on the evening of the 10th, he 
 determined to halt where he «as, and to wait the return of an ex» 
 press from me, because he should be obliged to move with so much 
 caution that he knew he could not get through until the next night> 
 A very extraordinary' caution, indeed, must have been necessary, that 
 could have retarded, for so long a time, the march of a body of (roops 
 for 16 miles, through a space, which it had been ascertained, by the 
 report of Captain Maxwell, was as far as Di'ownstown, at least, free, 
 from an enemy. But if the want of provisions was a rcaswn lor not 
 proceeding to the river Raisin, why did not Colonel 31iller push oo tc 
 Brownstown ? There was an Indian settlement which, without doui)'. 
 was, at least, capable of supplying his immediate wants ; and i\oni 
 which he could not have been distant but a very few miles. If then;, 
 he could have got but one meal for his troops, it does appear to nji 
 that there would not have, been any great enterprise in upJiMlakidi; 
 
 IT 
 
82 
 
 the rest oi '.he uiaiih, which luight Lave been 12 or 14 miles, without 
 any lurUier provisions. 
 
 It did appciir to me not less cxtraordir.ary, that wlit-n Colonel Miller 
 advised lae that when he had gained so decisive a victory, that he con- 
 sidered his road to the river Kaisja as opened ; and that hs had as- 
 certained that there was no eueray between him and Brownstowa — 
 that he rhouid, at the same time, have made a demand on me for a rcin- 
 ibrcement oi' 150 or 200 men, when, ai'ter hi-s battle, he had 520 effcc' 
 tire men, 200 of whom were of his own regiment, and were almost the 
 whole force oi" that Joscription which i had under my command. 
 
 Let me here remr>.rk, if so great a Ibrce, that is to say, between se- 
 ven and eight hundred men, were necessary to force their way to the 
 river Raisin, what proportion of my troops must have been necessary, 
 not only to keep open the communication for that distance, but to 
 guard the line al! the way to the state of Ohio. 
 
 But it is not my business to examine tiie ccuJnct of Colonel Miiler, 
 further tlsaa to shew that when I despatched him, with so large a dc- 
 Itclimeat, with rations for two ds-ys, I had made every provision 
 which I had any reason to thhdi his exigencies would require. When, 
 however, I received his demand for provisions, I took every measure 
 that the duty of my station required to supply him. Colonel M'j4r- 
 thur was chttrged with this service, and I beg to present to the court 
 his account ci" the manner in which he performed it. " On the day 
 " wecrossL'd from Caiiada," says Colonel M'Arlhiir, " that is the 8th 
 " of Augnvt, Colonel .'Valler was sent with a detachment for the pur- 
 " pose as was stated, of cpeninj a communication with the river Raisin. 
 " The nijjht succeeding Coione! Miller's battle at IMaguago, (perbap':. 
 " the 9th) the general sent for me ; the niglit was wet, he informed 
 " jne of tlie battle, and directed me to take 100 of ray regiment to 
 " take the boats along the river, and to dei-ceod to Colonel Miller's 
 ** cncamj.inent, for the p;ir;;ose of bringing up the wounded me:j. He 
 " directed :ne to get one day's provision for Colonel Miiicr's dctach- 
 '• ment. I called at the ccmmissary's and was detained there 3 or 4 
 *• hours ia getting il — I got what I could." 
 
 U has been my misibrtime, sir, that I have not been able to obtain 
 the testimony of Mr. Beard, the commissary. lie has been regularly 
 summoned by the jn<lge advocate, at my request, and I have several 
 times written to him, fcut he has not made his appearance. Thr 
 judge advocate, however, with his wonted candour, Jias admitted a 
 document which, in >:ome measure, supplies his testimony. It is an 
 order which I issued to the contractor, cu i!;e 9lli of August, for de- 
 livering rations to Colonel M'Arl'.mr for Colonel Miller's detachment. 
 The receipt of which order is acknowledged by tlio contrao'.'^:!-, "r a 
 'opy tliereof. whicli is in the following words : 
 
 •• Tlift co^.lrautor will issue sIk himdicd ratio'js of brad or finur, sn 
 
" liundred ration? of pork, and twe've hundred rations of wIiihtcT, to 
 " be sent to the detaclinieut umlec the command of Colonel IVi;Iler. 
 " Ey order of Brigaditjr General Hull, 
 
 •' II. II. HICKMAN, Captain Infantry." 
 August 9, 1012. (Correct copy.) 
 
 D. Beard. 
 
 Now, sir, it appears that General rvrAi-tliTsr knew that one purpose 
 of sending him to Colonel I^Iiller's detachment was to carry provisions. 
 He says I directed him to take one day's provision for Colonel IVliller's 
 men. That he was detained by the contractor 3 or 4 hoars, and took 
 what he could get ; and it appears that lie arrived at Colonel Miller's 
 encampment with only two barrels of flour, one barrel of pork, and 
 half a barrel of whiskey. Vv'hen I had given the order to Colonel 
 M'Arthur to take the provisions; when I had issued the order to the 
 proper officer to iisue them to him, had I not done evevr thing that 
 was incumbent on me as commanding officer ? was it my duty to go ta 
 the commissary's store, and to superintend the issues ? If Colonel M'Ar- 
 thur found the commissary disobedient to my order and unduly detaining 
 him, why did he not report to me ? How will Colonel M'Arthur excuse 
 ills having departed oa this service without having with him the c[Jian- 
 tity of provisions I had ordered? Is it sufScient for him to say he took 
 what he could get ? If there wxs any deficiency he ougJit to have in- 
 formed jue of it. He could have had cor.imunication with me in five 
 minutes. If want of provisions Avas the reason why the American blood, 
 that was spilled at the battle of Browustown, was shed in vain, I again 
 ask was it not most unjust to charge that waste to me ? On the lOth of 
 August lissued another order (or provisions for Colonel Miller's detaol;- 
 ment — this has also been read and is in the following words — 
 
 " Detroit, August 10, 1812. 
 " The contractor v.ill issue ibr Colonel Iviiller's detachment, tvio 
 '• thousand complete rations. 
 
 "A. F. HULL, aid decamp."' 
 These provisions were sent by the contractor to Colonel Miller's de- 
 tach.ment. Colose! Miller met them on bis return and brought them 
 back with him. 
 
 All accusation of the same nature with that wiiich I last considered is, 
 that I also omitted to supply with provisions the detachment which left 
 Detroit on the IMh of August, under Colonels M'Arthur and Cass. 
 General M'Arthur's testimony en this subject is asi follows. "That on 
 •• the 14ih of August, about noon as he thought, I sent for him and in- 
 " formed him that I had just received intelligence from Captain Brash 
 " that he had arrived at the River Raisiu v.-ilh provisicwis, and 
 •' said I wished to send cut a detacJinieut to meet inm — that he repli- 
 ** ed he was ready to obey my order. Colonel Cass said the same 
 "thhig. That they (the witness and Colonel Cass) then returned to 
 'camp, and sliortly al'ier recei>c<J aj! order to «ic.tack 'i50 meu frcei 
 
S4> 
 
 '' eadi of their regiments. That in the evening I catne along and ask- 
 "ed if tliey were ready to march. Tiie wiincsscs aiifiwerod that they 
 "were not— but as usual had not a bite of any thing to <;at. That I 
 " said the dctacliment must not be deiayed — and that I would send 
 "provision after them." The witness then gives an account of the pro- 
 ceedings of the detacliraent 'till its return to Detroit — and states that 
 thev never received any prori^ions from the fort. 
 
 t cannot but think that this account of General M'Arthur's con- 
 duct, though givtn by iiiniself, will excite the surprise of the court. 
 
 He was ordered to march a detachment at about 12 o'clock. He does 
 not move 'till evening, and then I find that he has not obeyed the order. 
 He gives sac to understand that he has been waiting for provisions. If 
 there was no order for provisions, why did he not apply to me on the sub- 
 ject? But there was one, and I tliink General 31' Arthur's testimony shews 
 it. When he sees me he docs not complain of tlie uant of an order, but 
 that he cannot get the provisions. If there was an order, and the proper 
 officer did not obey it, why was not the disobedience rr porled to roe ? In- 
 stead of pursuing so obvious a course, Colonel .M'Arthur chose rather to 
 remain in his camp 5 or 6 hours. And if I had not accidentally met with 
 him, hoAV much longer he would have considered his delay warranted by 
 the same cause, it is impossible to say. It does appear to me that tliip 
 conduct of General M'Arthur is very unaccountable. Perhaps he had 
 no inclination for the service he had been ordered to perform, or it may 
 be, that he thought that by the delay, or by going without provisions 
 he would bring blame on me. The behaviour of General M'Arthur up- 
 on these two occasions, that is to say, in respect to the provisions which 
 he was to take for Colonel Miller; and in respect to provisions for his 
 own detachment, it appears to me manifests very strongly that there 
 •«vassomc hidden motive for his conduct — and in this last instance there 
 is a mystery which I am sure is not «-xpIained by any thing he has said. 
 It never can be believed that he waited so many hours solely for the pur- 
 pose of obtaining an order for provisions ; or il ho had an order, that 
 his delay was merely for the purpose of having it executed. If his on- 
 ly object had been to procure provisions, the means of doing so by an 
 application to me were so obvious and direct that he could not have 
 hesitated to pursue it. But if the court will recnlJect that at this 
 time the conspiracy had been formed to take the commiind from me ; 
 and lliat General Cass in his letter to the governuient ha-; stated that 
 the execution of it was only prevented by his and Genera' .^'Arthur's 
 having been sent on this detachment, it may account tbrilic^ conduct of 
 these oflifcrs. The delay was {lossibly to mature their plot and to 
 put it in practice. 
 
 If General M'Arthur was on his trial ibr misconduct in relation to 
 these transactions I am persuaded that his testimony ought rather to 
 convict him than nic. 
 
 But I did tak? measures for .<;upplying the detachment with the ne- 
 
85 
 
 cessary provisions — My iuformation from Captain Brash was that he 
 would be on Jiis march with the provisions under his escort, with the 
 expectation of meeting a detachment from Detroit for his support. 
 
 It appeared to me tiiat not a nioiuent ought to be lost in sending a 
 force to meet him, and wlien I Ibund that General M'Arthur had delay- 
 ed to execute my orders for so many hours, ! determined that tlie de- 
 parture of the detachment should be no longer postponed — I therefore 
 ordered it to march, and determined to send provisions after it on pack 
 horses. I immediately gave the necessary orders to the acting commissa- 
 ry general for that purpose. This is proved by tiie testimony of Gene- 
 ral Taylor. He says that on the 14th of August I did give him an ordei 
 to furnish pack horses to carry provisions for the detachment going to 
 tlie River Raisin, under Colonels Bl'Arthur and Cass ; tiiat he did not 
 kno'.v that the provisions were sent, but ihe pack-horses were furnished 
 for the purpose, and he presumes the provisions were sent. Tliat I 
 gave all the necessary orders for sending them is certain : and if my or- 
 ders were not complied with, I do not think that I am the person that 
 ought to be called lo answer ibr it. It never can be e.^pected that a 
 commanding oQicer should not only give orders, but that he should attend 
 to the execution of tlie details. There was, as Mr. Watson has testified, 
 J. want of system in every department of the army, which it was impos- 
 sible for me to remedy : because the heads of ihe;n were totally inex- 
 perienced. However the fact is, that tlie provi-ions in this case were 
 sent. But as the detachment, pursuant to my orders, took an unusual 
 and obscure road, the guides, as I have heard, misled the provisions;, 
 and they were not heard of before the surrender. 
 
 In the 7th specification, under the charge of un-officer-Iike conduct, is 
 assembled a variety of accusations. The first is a little incongruous in 
 its luDgunge. It is slated tliat the enemy having erected batteries oppo- 
 site to Detroit—I was iVcm the 1 1th day of August to and including the 
 16th day of the same month, guilty of a neglect of duty in not prevent- 
 ing the enemy from erecting the said batteries. It would be an answef 
 to this charge to say tliat i could not have prevented the erection of 
 batteries which it is stated were already in existence. But though I 
 think there are many incongruities of the same nature in the specifica- 
 tions ; I have not attempted to avail myself of then;!, aiid shall no fur^ 
 ther notice this. 
 
 The Court will observe tliat ti:is accu'ationis connected ivith and in- 
 deed entirely rests upon a previous allegation, that 1 w. il knew that 
 these batteries were erected i,'y the enemy with an intention to annoy 
 Detroit, and with a design io facilitate the invasion of the Michigan 
 territory. The fact is that I had no such knowledge ; I had a firm 
 persuasion that the enemy would not invade our tern:ory. I did be» 
 licve that the war on their part would be entirely a defensive; war, 
 and that these batteries were enly intended for the d-^'ence of their own 
 shores — I admit, sir, thai, my opinions in this respect s^bsequcnL events 
 
86 
 
 have proved, vieic entirely erroiitous. But I cauoot believe that a mis- 
 take ill opinion or judgment is to be puuislied as a crime. This v/ould 
 be less a defence to an accusation oithis nature, was not tiie ciiarge so 
 connected as I have mentioned with the allegation that I hnew how the 
 enemy intended to employ their batteries: tlie question must be fiist 
 asked had 1 this knowledge ? There is not a particle of evidence that. 
 I had—and if this question jnust be ajjswered in the negative, the accu- 
 sation is not suppoited. But I do not rest this part of my defence on 
 litis ground. 
 
 That the enemy did erect batt.-jries opposite to Detroit, and that i 
 did not attempt to annoy them till tliey commenced their fire on the 
 l.'Jth, are facts not to be disputed. I did not amioy them for the rea- 
 son I have above mentioned — that I considered them as mere defensive 
 ivorks. But a desire to preserve ray own ammunition was the princi- 
 pal reason for this conduct. I might have hindered the eueniy from pro- 
 gressing in the day time ; but in the night any annoyance I rculd have 
 given them ivould have been incQ'ectual. Captain Dalliba has given 
 a statement of the aminunltion. — Captain Cy?on of the artillery sup- 
 poses tiiat it would not have lasted more than 3 or 4 days if we had com- 
 menced and continued firing. The li.vcd amunitiou he says could not 
 have lasted more tliau two days. 
 
 Captain Bacon testifies tharon the morning of the 16tii, he examined 
 by my orders the magazine and could find hut one box ©f 2ilb. cartrid- 
 ges, and that he reported to me that they were nearly e.vpended. The 
 testimony of ail the witnesses who had spoken shows that my mind vras 
 impressed with the necessity of sparing l!ie ammunition, and tliat this 
 as well as the expectation that the enemy did not intend, as long as 
 I did not provoke olTcnsivo operations, were the reasons why I did not 
 cannoiKuIe the ejiemy while they were tbrtifying ou the opposite shore. 
 Major Trimble testifies that wlien he proposed to me to fire on a party 
 of the enemy wliich made its appearance on the 14th of August at Sand- 
 wich, I aiiswerctl that it would not do to expend the anr.uuuition use- 
 lessly. Captain Bacon says that on the morning of the IGLh he was di- 
 rected by me to go to Captain Dyson at the battery wliere he command- 
 ed, and inform hiai that the 241b. annniiuition was nearly exhausted, 
 and that he must not lire, but w hen there was a prospect of his doing 
 execution. Another of the accu.':ations which are assembled in tliis spe- 
 cification is that I omitted to fortify Spriug-Wclls. I do not know 
 why it might not as well have been alleged that I omitted to fortify 
 any other position in tije River Detroit. 
 It is not in i)i oof that tiiat spot was parlic.i'ary adapted to a fortification. 
 If it had been fortified tlie ennjny would not probably liave selected it 
 as their pla.c of debarkation. Almost any other spot within the same 
 distance above or below the fort, was as well calchlated to alfonl theiu 
 a landing. This spcciiicalion also accuses rac of having neglected to 
 ;innoy the cneotjr after he bad lauded at SlH^Hg-^V^lls■. GeMtlomeu, 
 
87 
 
 the auswer to this spGcliicatioii is embraced in the defence 1 have made 
 as to the final surrender. 
 
 I had made preparations for attacking ; the troops were drawn out 
 and formed in line of battle; but before the enemy came up, I deter- 
 mined to surrender. My reasons for this measure I have already ex- 
 plained, 1 shall not repeat them. I will only beg you to observe that 
 the reasons I have offered have not been suggested merely for the pre- 
 sent occasion. — ]\Iajor Munson testifies that he saw me the day after 
 the surrender, that I tokl him I expected to be censured for what I 
 Jiad dons — but said, "I have done what under all circumstances was 
 " most proper, and I h?tve saved Detroit and the territory from the 
 '• horrors of an Indian massaere." 
 
 Bat I am accused of having made the surrender in an"un-o01prr-!ike. 
 manner, in having made it before the articles of capitulation were sij^n- 
 ed, in not stipulating for the honours of war, or for t'le friendly inhabi- 
 tants of Canada who had taken protection from us. Before I make ob- 
 servations on this subject I beg leave to [present to the court collcctetl- 
 ly the testimony which relates to it. 
 
 Major !?nel!ing testifies in substance that immediately after the secotwi 
 shot which did execution in llie fort, was fired, Captain Hull was sent 
 across tlie river with a flag, and that he (Major Sneiling) was sent to or- 
 der Colonel Findley into the fort. The witness having performed tin*, 
 duty, v.ent to one of the batteries. While there a British officer with 
 a flag came to enquire v*hat was the Hicauing of sending the flag across 
 the river, when General Brock was on the American side. Lieutenant 
 Hunt then went with the inilsrmation to me, and returned with a seal- 
 ed letter, and orders that he the witness should carry it to (general 
 Brock. That the witness met Goieral Bi'ock at the head of his troops 
 afjout three quarters of a mile from the fort, where they were not in 
 sight from tlie fort. 
 
 The witness having delivered t!ie letter of which he was the bearer,, 
 G eaerai Bi-ock asked the witness if he rcas autkorhed to agree on terms 7 
 The witness said not — General Brock then asked two of his officers to 
 go with the witness to the fort. As they apprcached the tort they 
 were met by some persons who conducted tiieni to a tent which had 
 been erected by my orders, where tiicy were met by Co!oi3els Miller 
 and Brush, commissioners api»aiuted by me, and tiie capitulatiuii wa^~ 
 there signed by the commissioners. The contents of the note the uit- 
 j'.ess says were no more than these words — " Sir, I agree to surrender 
 the town and fort of Detroit" — He would not undertake to say that the 
 words he gave were the whole substance of the note, but he believed 
 they were. 
 
 Major SncHing farther testifies that before the capiiukition w:is sign- 
 ed he saw mo near tijc marquee in conversation with Colonel Findley 
 and with the Eritish officers, Colonel ."^I'Donaid and Captain Clegg, who 
 Vi^.vii within the marquee. The witns'ss s.iid he did not reeuliect that 
 
88 
 
 I took any part in drawing up the capitulation. That I or«^rrf4 off a 
 munbcr ofour oiliccrs who were collected about the marquee, and among 
 the rest the witness. 
 
 In a sub.sequent part of his examination he ,«ays that before the ca- 
 pitulation was signed, Colonel Findley's regiment was marched into the 
 fort which w as vciy much crowded. 
 
 Captain 3I'Corraick testifies that after Colonel Findley's regiment 
 had been ordered into the fort, he met Colonel Findley as he was going 
 into the fort. That they there saw me. That I requested Colonel 
 Findley to join Colonel 31illcr to treat with the enemy, and ^aid chat 
 ■we could get better terms than we should if we waited 'till they at- 
 tempted to storm the fort. Captain M'Cormick further testifies that 
 as he went out of the fort, he saw the British officers Colonel ^I'Don- 
 ald and Captain Clegg coming towards the fort. Som.e one said it was 
 improper they should be permitted to come in, and they wint to the 
 tent. Shortly after the British officers, with Colonel Miller and Colo- 
 nel Brush came into the fort and were there together in Dyson's quar- 
 ters, where as he supposes the capitulation was signed. The m iaiess 
 further testifies that before this and at about the time the British of5- 
 cers and Colonels 3Hller and Brush went into Dyson's quarters — near- 
 ly all the troops were marched into the fort. In his cross-examination 
 Captain M'Cormick says it might have been ten minutes, half an hour, 
 or more, after the firing ceased, before the troops were ordered to march 
 into the fort. That the witness did not come into the fort till half an 
 hour after the firing had ceased. 3Iajor Van Home testifies that on the 
 morning of the IGth Captain Hull came to the tent of Colonel Findley 
 in which the witness also quartered, and inlbrnied Colonel Findley tliat 
 it was my orders that his regiment should move to raid form en the 
 south west of tlic fart. 
 
 The witness then describes the situation of Colonel Findley's regi- 
 ment in the line, and the manner in v.liicii the whole line was formed. 
 He then further testifies that after the line was formed, ai>d about an 
 hour or half an hour before the flag was hoisted, I came to the line. 
 That this was during tho cannonade. British officers were then seen 
 passing to and from the Indians. That 1 appeared satisfied with the 
 positions of the troops. That the witness said to me we shall he able 
 lO give a good account of them. About the time the firing ceased wit- 
 ness tm-ned round and saw a flag hoisted in the fort — and at about the 
 same time Captain Snelling came with orders from me to Colonel Find- 
 ley to march his regiment into the fort ; and said that it was my direc- 
 tions that as the flag was out it should not be violated. 
 
 The witness further testifies that I remained at the line formed by 
 the troops about three, or it might have been five minutes. That 
 Colonel Findley expressed dissatisfaction with the ord( r but said that 
 it must be obey* d, and directed the ivitness to march his battalion to- 
 
89 
 
 wards the fort wliich he did, but lialted near the fort some niiDUtes- 
 That finally he marciied his men into the fort and there stacked their 
 arms. That Colonel Findley did not come until some time afterwards. 
 The witness hirlher testifies that when he got into the fort he saw 
 me, but was not certain that I was there when he entered. That some 
 time after the witness had been in the fort I addressed hira and several 
 other officers at the same time, and invited them into the room of one 
 of the officers. That I told them I had surrendered the fort and nas 
 aboiit to make the terms. That I asked if they thought of any thing as 
 a condition, I should be glad to know what it was. That the witness 
 did not go into the room. That when he first saw me I was on the 
 steps going into one of the rooms. That some time after this Colonel 
 3i 'Donald and Captain Clegg rode up, came into the fort, and went in- 
 to the room where I was. That the witness does not know whether I 
 did or did not go into the marquee before the British officers came in. 
 That our whole line, as he believes, had marched into the fort and 
 stacked their arms. That this had taken place before the British of- 
 ficers came in. 
 
 Major Jessup testifies that he had observed our troops retreating, and 
 $3.w the flag flying. He met Colonel Findley who requested him to 
 ride towards the fort and learn the reason of the retreat. That he 
 found me in the fort and thought me very much frightened. That af- 
 ter a conversation with me, of which he has repeated bis own gallant 
 expressions, but unfortunately cannot recollect what I said, be went out 
 and met Colonel Findley, and said to him all was lost. That when he 
 saw me at the time the terms of capitulation had been agreed up- 
 on, that he met me in a piazza before Captain Dyson's quarters. That 
 1 was then perfectly composed. 
 
 He then relates a conversation with me which concluded with a re- 
 quest that he would continue to act in his station 'till the troops were 
 marched out of the fort. That he consented to this and received from 
 me or one of my aids a copy of the capitulation, which I directed him 
 to read to the troops, and that he did this when the troops were march- 
 ed out at about 12 o'clock. 
 
 The witness further states that he thinks a detachment of the enemy 
 rame into the fort, before the articles of capitulation were signed. 
 But that he is not certain whether the enemy's troops marched in be- 
 fore the American troops marched out — but knows that the America! 
 troops did not march out 'till after the capitulation was signed. Cap- 
 tain Burton testifies that he knew when the capitulation was agreed up- 
 on. That it was done in Captain Dyson's quarters where he saw jne, 
 General Brock, and two or three British officers. That they were wri- 
 ting and preparing the articles of capitulation. That he heard remarks 
 which induced him to believe that the articles of capitulation were not 
 agreed upon. That he could not say whether the American troopi 
 were then in tba fort— but there were at tliat time 150 British troop? 
 12 
 
90 
 
 standing with advanced arms in the fort. The enemy were at or about 
 this time placing guards in and about the fort. That the reason why- 
 he supposes that the articles were lotat this time finally agreed npon, 
 was that he saw General Brock with a paper from which he struck out 
 two or three lines, which, as he understood, related to the regular 
 troops returning home, which General Brock'said he would not agree to. 
 That at about this time he saw one of the British officers writing. — 
 Before this he had*^seen the British officers and American officers at the 
 marquee, and that I also had been there. 
 
 That it was about three quarters of an hour after he saw the British 
 (Officers going with me to the marquee before he saw the British 
 officers in Dyson's quarters. On his cross-examination by the court 
 Major Jessup says — when the terras of the capitulation were discus- 
 sijjg the American troops were crowded in the fort in the utmost disor- 
 der — and the enemy wore permitted to approach so near the fort as to 
 be able to take possession of the batteries. 
 
 Captain Fuller testifies that soon after the white flag was hoisted ho 
 went to the fort and there met Colonel M'Donald and Major Clegg. 
 That I was standing near the gate. One of the British officers said to 
 me that they were sent by General Brock, in consequence of seeing a 
 white flag hoisted, to receive any communications. 
 
 That I replied I should surrender, and desired them to go to the 
 marquee, where I would go or send to them. Tiiat Major Clegg re- 
 quested the witness to go v,-ith him to the marquee for fear our militia 
 might fire on him. That he went with him to the marquee ; they weic 
 furnished with pen, ink and paper by Major Snelling : that soon after 
 they got to the marquee I, Colonels Miller and Brush came, that he 
 staid near the marquee about ten minutes and then went to tlic fort, 
 leaving rac at the marquee. That when he returned to the fort he 
 found our troops were in, and had stacked their arms ; that some time 
 after he saw the British officers, M'Donald and Clegg come out of Dyson's 
 quarters, one of them having a paper which he said had been signed 
 by me, and that he was going (o take it to General Brock for his appro- 
 bation, and wished the witness to go with him for tlio same purpose 
 that he accompanied him to the manjuce. 
 
 That the witness went and found the British column led by Colonel 
 Proctor about hali' a mile below tiie fort. That he left Colonel M'Don- 
 ald and returned to the fort. 
 
 Colonel Miller testifies that on the morning of the 16th I was in the 
 fort, that it was repoited to me that the enemy were advancing, and 
 that part of the Michigan militia had joined the enemy. That upon 
 this I asked him if 1 had not better send out a flag, he told me he did not 
 know, I had better consult the officers who were without the fort, that 
 they had the best opportunity of judging. That I said there was no 
 time for consultation, that I would send a flag and that I did so. That 
 some time after this. Colonel Findley's rcgiincul marched into the g«r 
 
91 
 
 ri^oii. That I went to a tent and sent for him, that when he approach- 
 ed the tent I was standing in the tent, with my back towards him, that 
 he heard me say to the British officers in the tent " I will surrender." 
 That I then requested him with Colonel Brush to assist in drawing up 
 some articles of capitulation. — Tliat lie remained at the tent, lying on 
 tiie ground in a violent fit of the fever and ague while Colonels Brush 
 and M'Dona^d were penning the articles. 
 
 The original articles of capitulation were then shewn to the witness 
 and he said he believed them to be those which he had signed, bwt said 
 he was strongly impressed with a belief that when they were read to 
 him, and he signed them, that they contained a provision that the garri- 
 son should march out with the honours of war. 
 
 In his cross-examination by the court, Colonel Miller states that ac- 
 cording to his best recollection, he went to the tent between 10 and 
 11 o'clock in the morning of the 16th. That he remained about tluee 
 quarters of an hour, that after he liad signed the capitulation, he went 
 to the fort and went to bed ; there were then no British troops in the 
 fort, but he saw as he went in a company of al)out a hundred Britisli sol- 
 diers standing near the gate of the fort. In a subsequent part ot his cross 
 examination he states that I told liira I was willing that he should make a 
 surrender the basis of a treaty, and that he must get the best terms he 
 could. He further says that when I sent out Uie flag, I mentioned to 
 him that I did it to gain time. That I expected to procure a cessation 
 of hostilities, and that I might in the mean time hear from Colonels 
 M'Arthur and Cass. Colonel Miller was called again a few days after 
 his first: examination — and he then stated, that after the first flag was 
 sent out, and before an answer was returned, Colonel Brush came to 
 me, and, having been informed that Knagg's men, who had the advan- 
 ced post below the fort, had deserted to the enemy, Colonel Brush ex- 
 claimed that " By God," or that "he believed by God his men would 
 desert to a man." 
 
 I believe, may it please the court, I have here collected all the testi- 
 mony that is material, whether it be for or against me, which i« a.i\y 
 wise relates to the ma^;ter now under consideration. I do not pretend 
 that I have given the very words of the witnesses in all instances — 
 But I have done so as nearly as my own recollection and the notes of 
 my council would permit. If there be any errors or omissions, the}' 
 certainly cannot be intentional, because I know that the members of 
 the court will have recourse to their own rauuites and to the record ot 
 the judge advocate : and if it should appear that 1 have in any respect 
 vrlli'ully perverted the testimony, it would be an artifice irom which 1 
 should derive no benefit. 
 
 In reviewing the testimony the court I think must at once perceive 
 a strange variety in the statements of tlie difl'ereut witnesses, though 
 the times at which the different transactions took place, are all i/npnr- 
 taht, Jt?rdly any two ef the wit-no«ses agree irt this re>=;i>t'ct. Tin- rrjml. 
 
9i^ 
 
 will recollect that there are three documents in eridence which appear 
 io form the articles of capitulation. These are all dated on the 16th of 
 August — one purporting to be the articles of capitulation: the other 
 purporting to be a supplement to the articles, and the third purporting 
 to bo an addition to the supplemental articles. There is also a fourth 
 document, being a letter directed to the commanding officer of the Ra- 
 pids, which purports to be an explanation of the articles of capitula- 
 tion. Before I make any observations on this testimony, I will give 
 the court a relation of my conduct in respect to the surrender, and 
 state the motives which influenced me. If a departure from the forms* 
 ceremonies and etiquette of modern warfare, where civilized men are the 
 belligerents, will condemn me I must submit. But I do persuade my- 
 self that this court will consider my peculiar situation and the charac- 
 ter of the enemy which was opposed to me ; and that I will be thought 
 excuseable if I permitted a precipitation to which some forms and pa- 
 geantry were sacrificed, with a view to save from the cruelty of the sav- 
 ages many brave men and many families of parents and children. 
 
 As soon as I found that the enemy intended a serious attack upos 
 Detroit, I knew that sooner or later ray army must fall. I knew that 
 even victory would not save me, and could be but a temporary ad- 
 vantage. The certain consequences of defeat I could not contemplate 
 without horror. It presented a scene which I need not attempt to de- 
 scribe. It is obvious that it would have left our savage enemies to in- 
 dulge, without restraint, their passion for rapine and cruelty. The 
 small body of regulars which I had with me I was obliged to keep in 
 the fort for its protection ; I had no other troops that understood the 
 management of cannon ; \ ' '< one third of the residue of my force ab- 
 sent, and with nothing t: i upon, out of the fort, but untried and 
 and undisciplined militia, officered by men, most of whom were in hos- 
 tility to me, and had even conspired against me. What was I to ex- 
 pect from such a contest? I determined, at any rate, that I ought, it 
 it were possible, to ward ofl' the attack, and gain time until the detach- 
 ment under Colonels M' Arthur and Cass, who were my two senior offi- 
 cers, might return. 
 
 The court will recollect that I had sent an express for them, as soon 
 as I received General Brock's summons on the l.^th. After tlie line 
 was formed on the 16th, as appears by the testimony of Captain M'Cor- 
 mick, Colonel Van Home and Major Snclling, I visited the troops 
 where they were drawn up. I then went to the fort in expectation of 
 hearing of the absent detachment; but receiving no intelligence from 
 them, I determined to propose a cessation of hoslilitici — to treat of a 
 surrender. I accordingly sent a flag over f h(! river, and when tiie Bri- 
 tish officer came (o enquire the njeaning of that flag, I sent the note to 
 General Brock of which Major Snelling speaks. That these were my 
 views when I sent the flag, appears by the testimony of Colonel Miller, 
 to wliom I cj^plained myself on the subject. I do not recollect what 
 
93 
 
 were the precise words of this note, but I think il will appear veij 
 evident to the court that the contents of it could not have been ai 
 Major Snelling has stated, neither more nor less than an offer of uncon- 
 ditional surrender. For according to IVIajor Snelling. the first question 
 General Brock put to him, after he had read the note, was to ask Ma- 
 jor Snelling if lie " was authorized to agree on terms ?" No such ques- 
 tion would have been asked if I had offered to surrender without 
 terms. 
 
 As soon as I had determined to negotiate, I also determined to 
 fihange my positions for defence. I thought it better to draw the 
 troops to the fort, and if I made a resistance, it was my opinion that 
 I could do it to most adrantage by manning the fort with a full com- 
 plement, and forming a line, supported on the right by the fort, and on 
 the left by the citadel and the batteries on the bank of the river, hav- 
 ing in front a line of pickets which extended from the fort to the cita- 
 del, and which was intended to cover the communication between one 
 and the other. With these views and intentions I ordered the troop? 
 to the fort, intending to post them from thence before the negociation 
 should break off, if there should be no terms agreed upon. When 
 these orders were given, I had appointed Colonels Brush and Miller 
 to repair to a tent without the fort and treat with the enemy. At this 
 moment I received the intelligence that the two companies mentioned 
 by Major Anderson, Knagg's and Shover's had gone over to the enemy, 
 and heard from Colonel Brush, the declaration that by God every man 
 of his reghnent had, or would desert. The cousequences of such a 
 defection immediately occured to me. Colonel Brush's troops had 
 been posted to guard the upper part of the settlement. If they made 
 no resistance, there was nothing to hinder the British and their sav;i- 
 ges from landing above the town, and while we should be engaged witis 
 the invaders from the south, the savages would be making indiscrimi- 
 oate slaughter of the inhabitants, through the whole extent of the 
 northern part of the settlement. From this moment I determined io 
 surrender on the best terms I could obtain. I told Colonel 31il!er 
 that this was my determination. I went to the tent, Colonel Millr;. 
 had not arrived there. I had mentioned to Colonel Brush and the 
 British officers the terms I should insist upon, a»d concluded by sayin<: 
 " J shall suiTender," meaning on the terms I had previously mention- 
 ed. This was the declaration Colonel Miller heard. After I had ex- 
 plained the terms I had expected, I left the tent and returned to thf 
 fort. On my arrival there, I found, to my surprise, that all the troop> 
 had crowded into the fort — had stacked their arms, and were in 3 
 state of entire insubordination. Let it be reinembered that neither 
 of these steps had been taken by my orders. I had ordered C'oJone! 
 Findley's regiment only into the fort, and it is not proved or pretend- 
 ed that I gave any orders for stacking the arms. I now became impn- 
 tient to put the place under the protection of the BrUi«h i kn.?v- 
 
94 
 
 itat there were thousands of the savages around us. Every luouieut 
 reports were brought to me of tlieir depredations, and in the situation 
 in which my troops then were, I could afford no protection to the in- 
 habitants. I was anxious that our enemies should have the command 
 and government, that they migiit be able to put a restraint on their 
 savage allies, which I had no power to do. An additional iveight upon 
 my mind, that had great influence on my conduct, was, what I consi- 
 dered might be the dangerous situation of the delacj^ment under 
 Colonels M'Arthur and Cass. 
 
 I thought it possible it might be at a distance, and might be cut off. 
 If we should unsuccessfully resist, I was sure it would. In this state 
 of things the articles of capitulation were brought to me from the 
 tent signed and executed. I accepted them. I gave a copy of them 
 to Major Jessup, as he has testified, and he afterwards read them to 
 the troops, when they marched out at 12 o'clock. These must be 
 considered as the article* of capitulation, and by these my conduct 
 must be tested ; for the other two documents, the one styled supple- 
 mental articles, and the other an addition to the supplemental articles, 
 are rather to be considered as an agreement between myself and the 
 enemy's general, than as parts of the capitulation. I admit that when 
 these were signed I had no power to resist, if he had iiot chosen to 
 agree to them, and therefore they are no' more to be considered as a 
 part of the capitulation than the letter which bears date the next 
 day. It were these supplemental articles which were signed in Cap- 
 tain Dyson's quarters, and most of the witnesses who speak of what 
 was done before or after the capitulation was signed, obviously spc»k 
 with reference to the execution of these instruments. 
 
 God knows the articles are not what I would have wished to have 
 had them. If I had been warring with civilized man, where the blood 
 of combatants could only be shed, I ought not, and would not have ac- 
 cepted them. But when, upon the consequences of refusing them, 
 depended the lives of so many innocent people, I did not feel mysell 
 authorized to reject them. Having put before the court the testimo- 
 ny wliici) relates to this specification, and given my own account of t!ie 
 transactions to which it relates, I will again notice the accusations, and 
 make some few observations ui)on them. 
 
 The first accusation is that 1 surrendered before the capitulation 
 was signed. This is certainly disi)roved. There was not an enemy 
 in the fort before the capitulation was brought to mc from the teat; 
 nor before I delivered a copy of it to ."Major Jessup. The testimony 
 of Colonel .Miller is j-oncliisive u[)ou Uiis point. Ife says there were 
 no British Iroops in the i'oil when he brought mc the capitulation from 
 ''he tent. 
 
 A second accusation is, that I did not stipulate for the honours of 
 
 \n)on% Ihn variety of circuiBStanccs, in my situation, which I hati 
 
95 
 
 to deplore, aud which agitated my nii..J to a great degree, there was 
 none that excited my own feelings more than to find, that though this 
 provision ha«l been inserted in the articles as originally drawn by the 
 commissioners, it had been stricken out ; I thought of rejecting tho 
 articles on this account ; I must have then opened a new negociation 
 I have already stated what appeared to me as the consequences of 
 further delay — the savages were unrestrained. I determined not to 
 expose the lives of the inhabitants, to their fury, for tlie sake of ob- 
 taining so useless a pageantry. 
 
 The articles are also condemned — because they contained no stipula- 
 tion for the security of the I'ricndly inhabitants of Canada. With res- 
 pect to the people of Canada who had been friendly to us and who had 
 remained in their own country when we retreated, no stipulation in their 
 lavour was necessary. The British had cflcred fall pardon to all their 
 subjects who had shown any disaffection — and when the capitulation 
 was signed, there were none in Canada who had not availed theraselve? 
 of this ofler. With respect to those who were with ns, the capitulation 
 does contain an article in their lavour — they are unquestionably inclu- 
 ded in the third article, which provides that " private persons and prop- 
 " erty ol' every descriptmi shall be respected." But, sir, a stipulation 
 in favour of Canadians who were with us at the time of the surrender, 
 was in fact entirely a matter of supererogation ; because, according to 
 the best of my recollection, there was but one person of that description 
 with us at the time of the capitulation — and he is now an officer oi' 
 rank in our array. 
 
 The evidence that any stipulation for the security of the Canadians, 
 other than what the articles contaiucd, was unnecessary is, that it is 
 the undoubted fact, that from the time; we retreated from Canada, no 
 individual has suffered in his person or property on account of any part 
 he may have taken against his own government — or on account of any 
 connexion which he may have had with our army. The specification 
 states other objections to the capitulation — but as they are of an inferi- 
 or nature and must be excu^cable if tlvese I have noted are so — I shall 
 Hot trouble the court v.ith any remarks upon them. 
 
 Something has been said in the course of the trial as to my having, af- 
 ter the capitulation, consented to the surrender of some distant posts. 
 It might be enough to saj that there is no specification on this subject ; 
 hut I will only observe that so far from this being a concession to the 
 enemy, it originated in my suggestion. I reflected that if they should 
 hear of the capitulation, before they were inlbrmed they were included 
 in the surrender, they might retreat if they should judge it in their pow- 
 er to do so; but if early intelligence of tiie surrender should not reach 
 them they would be exposed to the whole savage ibrce of the enemy, 
 and might be sacrificed, unless they were protected by the capitulation. 
 Much testimony has also been given m relation to tlie situation of the 
 British troops before the sancnder, and to shew that they were suffer- 
 
96 
 
 ed to approach too near our works before the eapitulatioa was signed 
 It would be easy to shew the strauge contradiction of testimony on this 
 point, and to prove that such an accusation would be without founda- 
 tion. But certainly the accusations against me, and which I am obliged 
 to answer, are sufficiently numerous. The court would hardly thuik 
 nae excuseable in trespassing on their patience to make a defence 
 against accusations not preferred : I shall therefore say nothing further 
 as to this suggestion, than that a specification founded upon it is not to 
 be found under any of the charges. 
 
 There is, gentlemen, one other charge which I have to answer. It is 
 an accusation which has been most wounding to iny feelings, and the 
 discussion of which is the most painful task I have yet had to perlbrra. 
 Not because I have any doubt but that I shall convince you it is as 
 mu<?h without foundation as any other, but because it imposes upon 
 me the necessity of examining testimony, which no man, however inno- 
 cent he may be, can repeat without disgust. 
 
 If in the embarrassing and difficult situations in which I was placed, 
 during my late command, I have committed some errors ; surely what 
 I have suffered by this prosecution and what I must now suffer in mar- 
 king this part of my defence, will be some atonement. 
 
 For more than half a century I supported a character without re- 
 proach. My youth was devoted to the service of my country ; I fought 
 her battles in that war which achieved her liberty and independence, 
 and which was ended before many of you, gentlemen, who are my 
 jadges, were born. If upon any occasion a man may speak of his own 
 merits, it is at such a time as this ; and I hope I may be permitted to 
 present to you in very few words a narration of my life, while I was en- 
 gaged in scenes which were calculated to prove a raan'ii firmness and 
 courage. I shall do it with the less reluctance, because the testimony 
 I have offered of the venerable men who served with me in the revo- 
 lutionary war, will vouch for all I have to say. In the year 1775, at 
 the age of about 21 years, I was appointed a captain in one of the Con- 
 necticut regiments ; during that campaign and until March 1776, when 
 the enemy evacuated Boston, I served with the army at Cambridge 
 and Roxbury, and in tlic immediate command of General Washington. 
 I was with that i)arty of the army in March 177* which took posses- 
 t-ion of Dorchester heights ; the movement which compelled the enemy 
 to evacuate Boston. TJie next day the regiment to which I belonged 
 marched for New- York. I was on Long-Island when the enemy land- 
 ed, and remained until the night the whole army retreated. I was ir. 
 several small skirmishes both on Long-Island and York-Island before 
 (he army retired to the White Plains. I then belonged to Colonel 
 Charles Webb's regiment of Connecticut. 
 
 This regiment was in the severest part of the action on Chatterdon't 
 Hill, a little advanced of the White Plains, a few days after the main 
 body of the army abandoned New- York. This battle is memorable ir, 
 
97 
 
 the history oi' our countiy, and the regiment to »vhic]j I beiongod receiv- 
 ed the particular tlianks of General Washington, in his public orders, 
 for its bravery and good conduct on the occasion. It was particularly 
 distinguished from all the other troops engaged In the action. I recei- 
 ved a slight wouud by a musket ball in my side, but it did not prevent 
 me from remaining at the head of ray company. 
 
 I was in the battle of Trenton, when the Hessians were taken in De- 
 cember 1776, and being one of the youngest captains in the army, was 
 promoted by General Washington, the day after the battle to a 
 majority for my conduct on that occasion. The first of January 1777 I 
 was in the battle of Princeton. In the campaign of the same year 
 the regiment to which I belonged served in the northern army ; I was 
 early in the spring ordered to Ticonderoga, and commanded the regi- 
 ment (being the senior officer present) under General St. Clair, and I 
 was with that officer in his retreat from that post. 
 
 After General St. Clair's army forraed a jimction with Genera! 
 Schuyler's army on the north river, at tort Edward, the regiment to 
 which I belonged was detached and marched to fort Schuyler, and ree 
 lieved that post, which was besieged by General St. Leger. 
 
 On the retreat of General Schuyler's army from fort Edward I com- 
 manded the rear guard of the army, and being two miles in the rear was 
 attacked by a large body of British troops and Indians at daylight in the 
 morning, in which action were killed and wounded between thirty and 
 forty of my guard. And I received the particular thanks of General 
 Schuyler for my conduct on the occasion. 
 
 I was in the two memorable battles on the 19th of September and 
 the 7th of October on Bemis's heights against General Burgoyne's ar- 
 my previous to it's surrender. In the action of the 19th of September 
 r commanded a detachment of 300 men, wlio fought the principal part 
 of the afternoon, and more than one half of them were killed or wound- 
 ed. 
 
 On the 7th of October I likewise com.manded a detachment from the 
 brigade which assisted in attacking the enemy on the left of our posi. 
 tion, defeated him, followed liim to the right of his lines, stormed his 
 jutrenchments, and took and held possession of the right of his posi- 
 tion, which compelled him to retreat to Saratoga and therc_ to capitu- 
 jate. 
 
 After the memorable event of the capitulation of General Burgoyne's: 
 army, the regiment to which I belonged, was ordered to Pennsylvania, 
 to join the army under the command of General Washington. I remain- 
 ed with the army the winter of 1777 at Valloy-Forge, and in the spring 
 of 1778, when the British army evacuated Philadelphia, I was in the 
 battle of Monmouth. 
 
 From December 1779; to May 1779, I commanded the American 
 posts iQ advance of the White plains, near Kingsbridge, during which 
 time I had variotis skirmishes with the enemy. In May 17T0 the prin- 
 
 12 
 
98 
 
 eipal part of the British army advanced up the Nortii River to Ver- 
 plaiik's and Stoney point, and I was ordered to retreat before them 
 to West Point. 
 
 I then joined the light infantry under the command of General 
 Wayne, and was in the memorable attack on Stoney point with a sepe- 
 late command of 400 light infantry. 
 
 For my conduct on this occasion I received the particular thanks of 
 General Wayne, General Washington and congress. 
 
 In the summer and autumn of 1780 I commanded the advanced posts 
 of the army, and in December of that year, I commanded an expedition 
 against the enemy stationed at Morrissina which was successful, and 
 for which I received the thanks of General Washington in his general or- 
 ders to the army and likewise the thanks of Congress. General Wash- 
 ington in his orders I well remember made use of these words " He 
 thanked me for my judicious arrangements in the plan of operations, 
 and for my intrepidity and valour in the execution." 
 
 From the conclusion of the revolutionary war I have lived with the 
 respect of my countrymen, and have enjoyed repeated marks of their 
 confidence in the offices which have been bestowed upon me. When 
 I found that the independence for which I had so often fought, was as- 
 sailed, that again my country must appeal to arms to avenge her w rongS; 
 and to protect her rights, I felt that I might yet do her some service. 
 For though many years had passed since I had Ibught under her stan- 
 dard, and though my own arm might not have had it's wonted strength, 
 yet my spirit was unbroken, and my devotion to her unimpaired. I 
 thought in the field where there <-ould be but I'cw who had any military 
 experience, what I had learned in the most active scenes of a seven 
 years war, might be useful. 1 fondly hoped that in my age, as well a^ 
 in my youth, I might render services that should deserve the gratitude 
 of my country. That if I full by the sword of her enemies, my grave 
 would be moistened with the tears of my countrymen ; that my descen- 
 dants would be proud of my name and fame. Hut how vain is antici 
 pation ! I am now accused of crimes which would blast my former hon- 
 ours, and transmit my memory with infamy to posterity. And in that 
 hideous catalogue, there is none from the imputation of which my na- 
 ture and my feelings have more recoiled than from that of cowardice, 
 to which I am to answer. I shall confine myself under this charge to 
 the specifications, or to such part of the specifications as relate to mr 
 personal deportment. 
 
 Almost every act of omission or of commission, during the campaign^ 
 which it has been thought proper to censure, have been assend)lc<i 
 nnder this charge, and they have all been imputed to cowardice. But 
 .IS most of the acts have been specified in support of other charges, I 
 ::hall not again notice them, but confine myself to tlie allegation, that 
 I shewed personal fear, and a want of courage. 
 
 JJowevcr painful the recapitulation of the tcsiimony. on this pohit; 
 
99 
 
 iuust be to me, it is so necessary that it should be brought together, 
 tJiat you may have it before you in one view, that I shall go through 
 the disagreeable task of repeating it. 
 
 The first witness, in point of fact as well as importance, is Major 
 Snelling; he was a captain when he joined the army at Urbanna, but 
 is now a colonel. 
 
 He testifies as follows : " during the cannonade I frequently saw the 
 general. I once saw him standing. He might have risen twice. Most 
 of the time he was sitting on an old tent under the curtain of the (brt, 
 opposite the enemy's batteries. I have been taught to believe that 
 there are certain human passions which are indicated by appearances,, 
 and the appearances of General Hull, according to my mind, indicated 
 fear." 
 
 " The reasons that induced me to draw that conclusion were, that 
 the general selected the safest place in the fort for his seat. His voice 
 trem!)Ied when he spoke. He apparently unconsciously fdled his 
 mouth with tobacco, so that his cheeks were extended by it. The 
 saliva ran from his mouth on his neckcloth and clothes. He often rub- 
 bed his face with his hands, and distributed the tobacco juice about, 
 his face." 
 
 He further testified, on his cross-examination, that when he return- 
 ed from Spring-wells, at the dawn of day, on the morning of the 16th, 
 he went into the fort to make liis report to General Hull, but could 
 not find him, nor find any one who knew where he was. He said he 
 did not know if General Hull was in the fort at the time the officers 
 were killed ; he saw him immediately afterwards. After the men 
 were killed, it might have been 15 or 20 minutes before he saw Captain 
 Hull with the white flag : it might have been an hour, but he did 
 not think it was. 
 
 The witness could not say that he saw General Hull in the situation 
 he has described, between the time the men were killed, and the send- 
 ing the flag by Captain Hull. He recollects that at the time Captain 
 Hull was fixing the flag. General Hull was standing, find was in the 
 situation he has described. General Hull was out of the fort early 
 that morning, but the witness does not know ivhere he wps.. At the 
 time the enemy was crossing, the general was standing on the parade. 
 
 I wish the court to notice the great attention which Major Snelling 
 paid, to be particular ii^ very minute circumstances, in giving Iiis testi- 
 mony, not only as to the positions in which he saw me, but when hh 
 examination was read over to him, and he found, that as it stood, it 
 represented that he had said that I had distributed the tobacco over 
 my face, he desired that it might be corrected so as to state that wha< 
 he had said was, it was confined to the lower part of my face. 
 
 Captain M'Commick testifies as follows — " I was not present when 
 Colonel Findley received orders to inarcli into the fort. I joined him 
 as he was going into tbo fort. He told me of the order and said h^ 
 
100 
 
 would not obey it, but ivould go into the fort himself, and directed iiic 
 to form tlie regiment. The colonel then came bark so near to me as 
 to tell me to let the companies march up, and I did so." The witness 
 then relates what passed between Colonel Findley and myself, and pro- 
 ceeds as folloAvs. 
 
 " The general appears very much agitated. He appeared to be un- 
 der as much alarm as I ever saw a person. He had been chewing to- 
 bacco, and the lower part of his face and his vest were covered with 
 it." 
 
 On his cross-examination he testifies that it njight have been ten 
 minutes, or half an hour or more after the firing ceased, before the 
 troops were ordered to march into the fort. That it was at least half 
 jui hour after the firing before the witness went into the fort. That he 
 saw me once that morning out of the fort, and thinks I was near where 
 Colonel Findley's regiment was forming the line of battle behind the 
 picket-fence. Colonel Van Home, who was a major of Colonel Find- 
 ley's corps, testifies that after Colonel Findley's regiment was formed, 
 on the morning of the 16th of August, and about an hour, or half an 
 hour before the flag was hoisted, I v.'as at the line. That this was du- 
 ring the cannonade. That at about the time the firing ceased. Captain 
 Snelling came with orders that Colonel Findley s!<ouId return with bis 
 regiment to the fort. The cannonade had then ceased. The witness 
 turned round and saw the flag hoisted on the fort. The witness further 
 stated that he then went into the fort with his battalion, and after he 
 got in he saw me — but is not certain whether I was there when he en- 
 tered. The witness then proceeded as follows — " AThen I first saw 
 General Hull he was on the steps going into one of the rooms — his facf^ 
 was discoloured with tobacco juice. It was over the lower part of his 
 face and a spot was over his eye. I thought he was under the influenrr 
 of fear. I had no doubt of it. " 
 
 On his cross-examination he says, that he saw me on the night of the 
 lf)th, and as he thinks about midnight, and before the cannonading had 
 ceased, at the place where Colonel Findley's regiment was formed that 
 night. 
 
 He saw me the next morning out of thvT fort at Colonel Findley'it 
 quarters, and again at the line of battle. When the witness was asked 
 whether care and anxiety might not have produced the appearance he 
 described, he answered that care and anxiety might have added to those 
 appedidnces — but upon comparing faces, he thought mine had the indica- 
 tions of fear. Captain Haker testifies as follows — " I saw General JIull on 
 (he morning of the ICth, he appeared to me to be embarrassed and at A 
 loss how to act. I had but one opinion which was that ho was under the 
 influence of personal fear. 1 could not account lor the surrender in any 
 other way." On his cross-examination he said — " On tiie morning of 
 the IGth, during the cannonade I saw the General in the fort, sometimes 
 sitting, sometimes walking, and sometimes standuig." 
 
101 
 
 Lieutenant Stansbiiry testifies, that on the night of the 15th of Au- 
 gust he found uie, at about 11 o'clock at night, laying on the piazza of 
 the barracks in the fort with my boots and clotiies on. That in the 
 morning when he awoke at day-break I was not there. I saw the gen- 
 eral, says he, on a tolerably safe place — as to his being afraid I can- 
 not fiay whether he was or not. I saw the general on the parade 
 ground. I did not see any necessity for his exposing himself more than 
 be did. 
 
 Major Jessup testifies, that on the morning of the 15th, after the can- 
 nonade commenced, he, in company with Mr. Dugan, met me on horse- 
 br-ck in the street near the second battery, lie says — "The general 
 appeared to be agitated — either iVIr. Dugan or myself observed the 
 general was frightened. One of us said we must cheer him up. We 
 approached him and spoke to him. He appeared pale and confused — 
 immediately dismounted and led his horse towards the fort." 
 
 " I did not see General Hull 'till about break of day on the morning 
 of the 16th, when the general came to my tent and directed me to 
 write an order for the return of Colonels Cass and M'Arthur." 
 
 The witness further testifies, that shortly after tl>e enemy commenc- 
 ed their fire — that at the request of Colonel Findley he went to me to 
 have an explanation of an order which had been delivered by my aid- 
 de-camp — that he found me and received directions from me for form- 
 ing the line of battle. , 
 
 That while he was attempting to collect some dragoons, of which I 
 had directed him to take the command, he saw that our,liue was break- 
 ing and retreating towards the fort. He then looked towards the fort 
 and saw the white flag flying from it. That at the request of Colonel 
 Findley he then went to the fort. The witness then proceeds as fol- 
 lows — "I found the general in the fort — I thought him very much 
 frightened. When I met him I enquired of him if it were possible we 
 were about to surrender. He said something about terms, and some- 
 thing about the enemy's force which I do not recollect. His voice at 
 that time was tremulous. I observed we could at least hold out 'till 
 joined by Colonels Cass and M'Arthur. He replied my God what sliall 
 I do with these women and children." 
 
 The witness then states that he left the fort, went to Colonel Find- 
 ley and did not see me 'till terms of capitulation had been agreed upon 
 — That then I was perfectly composed. The witness also testifies as 
 follows : " When I came to report to the general after reconnoitering the 
 enemy, I found him on the side of the fort next the enemy, completely 
 sheltered, sitting on a tent beside a bed, at the same time I reported 
 that our guard, the most advanced towards the enemy, had surrendered. 
 The general said that Colonel Brush had reported to him that his meij 
 were leaving him. After this when I met tlie general in the fort, and 
 after the flag was hoisted, he exclaimed that four men had been killed 
 
102 
 
 by one shot ! He appeared so alarmed as not to ki)6w what he was do* 
 ing." 
 
 The witness then describes my appearance at that tittie nearly in the 
 words which had been used by other witnesses. 
 
 The witness in a subsequent part of his examination stated that at 
 the moment when he was in conversation with me on the evening of the 
 15th, near the second battery, a shot stmck a stone house near me. 
 That I appeared nnicli agitated, dismounted my horse and walked off 
 without making him a reply. Whenever I saw the general says the 
 witness, before the capitulation was signed, he appeared agitated ; af- 
 terwards, entirely composed. AVhether the agitation proceeded from 
 the novelty of his situation or fear I cannot say, but I believe the lat- 
 ter, if not both." 
 
 Captain Eastman testifies as follows : " on the evening of the 1-^'tb, 
 a shell appeared to be coming into the fort. General Hull ran towards 
 the'north-west bastion apparently to avoid it, and to get under cover of 
 the platform. The general appeared alarmed and frightened, and l 
 also observed it to my companions at the time." 
 
 Ijieutenant Philips testifies as follows: "I saw General Hull on the 
 morning of the 16th, most part of the time during the cannonade he was 
 sitting with his back to the parapet next the enemy. He was sitting 
 there with a number of gentlemen. I recollect one gentleman and one 
 ]ady near to him. He ajipeared to me under the influence of fear ; he 
 appeared very am<*h agitated. I think Doctor Cunnuigham was the gen- 
 tleman that was with him. There might have been other officers with 
 him, but I do not recollect." 
 
 Colonel Miller testifles as follows : I did not discover any agitation in 
 the general on the 15th, on the 16th he did appear much agitated. 
 He was in the fort sometimes sitting and sometimes standing and some- 
 times walking. Whether his agitation proceeded from anxiety on ac- 
 count of the responsibility he was taking, or from personal alarms I 
 cannot say. After the surrender he told me he was afraid if he had 
 ibught the enemy they would have taken advantage of that part of his 
 proclamation which declared that no white man taken lighting with ao 
 Indian should be spared." 
 
 On his cross-examination Colonel Miller said! " I saw no act of the 
 general's on the morning of the 16th, which J can say might not have 
 proceeded from the i'atigue and responsibility he was under." 
 
 I put to Colonel Miller the following question. Can you mention 
 any act of mine on the 16th, which you did then or do now impute to 
 personal fear ? 
 
 To this the witness answered, "yes I did think such an immediate 
 surrender must have proceeded from your fears." 
 
 To the following questions, did you see me while I was in the fcrrt in 
 any place or station unfit for a commanding offictr ? 
 
103 
 
 The colonel answered, " I can describe to the court where tlje gene- 
 ral was, and the court can judge. 
 
 " He was generally near the easterly parapet of tlie fort. I was 
 there part of the time myself. The general leaned down. The whole 
 easterly side of the fort was as safe as the spot where the general was 
 for the most part of the time. The general's station was the most con- 
 venient to receive communications from without the fort." 
 
 " Co'onel Miller upon a re-examination further testilies, " that he had 
 frequently observed a habit which I had when 1 was much engaged, of 
 chewing tobacco to excess, and taking it from my mouth with rny fingers 
 and rolling it in my fingers, and putting it in my mouth again, and roll- 
 ing it from my mouth to my fingers alternately. 
 
 " That he observed more of this habit on the 16th than usual, and 
 thought the addition might be owing to want of rest, from fatigue. 
 
 JVIajor Wheeler says my appearance induced him to think I was un- 
 der the influence of personal fear. 
 
 Lieutenant Peckham testifies that he saw me on the IGth of August, 
 ;jnd says, I had no doubt but that the general was under the influence 
 of personal fear, from his embarrassment, as he sat still and gave no 
 orders. 
 
 Major Munson testifies that he saw me on the 15th of August, and 
 saw me again on the 16th, after the capitulatio4i was settled. He 
 adds, " the general's situation was critical ; if he had had any feel- 
 ings, he must have had great care and anxiety. I saw nothing which 
 might not have been accounted for without resorting to the impression 
 of personal fear." 
 
 On his cross-examination, by the court, this witness says, " It was 
 10 or 1.5 minutes after the officers were killed, that he saw me sitting 
 in one of the officers quarters, but does not recollect that it was dur- 
 ing the cannonade, either on the 15th or 16th, that he saw me. 
 
 Captain Maxwell testifies that he served in the revolutionary war- 
 was engaged in the afiair at Brownstown, under Colonel Miller, which 
 made the twenty third battle in which he had fought. 
 
 That after the cannonading commenced on the 15th, he saw me ou 
 horseback at one of the batteries. 
 
 Tliat I had a conversation with the officer commanding at the time 
 the balls were passing and repassing ; that he took notice of my coun- 
 tenance, and that I appeared firm, collected and cool ; that I sat 4 or 
 5 minutes on my horse and rode oS" again. 
 
 That he did not see me on the 16th. That at the time the army 
 was retreating from Sandwich, there was a clamour that I was intimi- 
 dated, and that was tJie reason why, on the evening of tiie ICth, he 
 particularly observed my countenance. 
 
 General Taylor testifies, that he saw me several times on the even- 
 ing of the 15th, during tlie cannonade; that there was no irppression 
 loade ou his mind af my being under personal fear on thut day or rvp«. 
 
104 
 
 iiig; that I appeared to be thoughtful and very low spirited ; that he 
 heard no indication of inspiriting the men ; that my countenance was 
 dull ; that he saw me near the gateway ; and tliat I orticred Colonel 
 Findloy to moFe from the upper to the lower side of the fort, without 
 any specific orders how to form. Early on the ICth, information came 
 that the enemy wore preparing to cross, and ito orders were given to 
 resist them. That my appearance displayed more of the marks of to- 
 bacco than he had generally seen in a neat man ; that his impression 
 was, that I was under the influence of personal fear ; that he did not 
 see me again until the flag was hoisted ; that when he saw me near 
 the gate, on the IGth, he saw many officers with me, and among the 
 rest Captain Snelling ; that he did not consider being there as shrink- 
 ing from danger. 
 
 Captain Bacon testifies, that he saw me in the fort very frequently 
 on the 15th and ICth. That on the 16th he saw me with Dr. Cunning- 
 ham and his wife, sitting on s-ome planks ; that he also saw some other 
 persons there, some of whom he thinks were officers. That during the 
 cannonade he saw me on the parapet of the fort, once on the evening 
 of the 15th, and once on the 16th. That he saw me in ditlerent places 
 about tlie garrison during the cannonade. That I seemed engaged as 
 usual, but agitated, on the morning of the 16th more than common; 
 that he did not know the cause, that he had no suspicion that it was 
 personal fear ; neither did he hear such a suspicion expressed by any 
 of the officer.s, that after the shot cdcme which did execution, the offi- 
 cers and men very generally were on the eastern side of the fort, under 
 the protection of the i)arapet next the enemy. 
 
 Judge Witherell testifies that he saw me on the 15th, during the 
 cannonade near one of our batteries ; when, from all he saw, I was cool 
 and collected. 
 
 I believe, gentlemen, I Jiave now collected, and piescnted to you in 
 connexion, every syllable of the testimony »hich lias been offered in 
 support of the specification under this charge, which relates to my 
 personal appearance, and deportment. Such facts of the testimony 
 as have the most bearing, I have endeavoured to repeat, in the wit- 
 nesses own words ; and have done it with as much accuracy as the 
 notes taken by my counsel would permit. 
 
 Before, gcntlomeu, I proteed further on the examination of this tes- 
 timony, allow me to lay before you an extract from an author of great 
 respectability, containing rules not inapplicable to the present occa- 
 sion, by which the credibility of witnesses ought to be tested. 
 
 " A witness, says Mr. Tyler, in his Essay on Military Law, who am- 
 plifies his testimony, uunccessarily eidarging upon circumstances unfa- 
 vourable to a parly — who seems to be gratified by tiie opportunity of 
 fufuishing condeiiinaLory evidence, or manifestly betrays passion or 
 prejudice in the substance of his testimony, or in the manner of de- 
 liveriu^ it, is to be listened to with suspicion of his voracity." If :* 
 
105 
 
 witness, t!ie author adds, " takes upon himself to remember, witli thr 
 greatest minuteness, all the circumstances of a transaction long sincf 
 past, and which arc of a frivolous nature, and not likely to duel! on 
 the memory, his testimony is thereby rendered very suspicious," 
 
 I ask the members to test the testimony which has been given 
 against me by these rules. Were there not many of the witnesses 
 who amplified their testimony, apd unnecessarily enlarged upon cir- 
 cumstances unfavourable to me; who seemed to be gratified by the. 
 opportunity of fijrnishing condemnatory evidence ? 
 
 1 appeal to the court to judge of the manner in which the testimo- 
 ny of some of the witnesses was delivered, and whether they did not 
 betray a warmth that could not leave them free from a suspicion of 
 Strang prejudice or bias. 
 
 Major 8nelling has certainly taken upon himself to remember, with 
 the greatest minuteness, circumstances of a frivolous nature. 
 
 He remembered that my cheeks were swelled with the tobacco I 
 put in my mouth. 
 
 He remembered that my neckcloth and vest were soiled, and tiif- 
 tobacco was distributed about ray face ; and wlien his examination was 
 read over to him, his recoilection was so extremely accurate as to 
 the most minute circumstance, that he insisted upon what had been 
 written to Ue so corrected as to read, tiiat it was the lower part of my 
 face which was soiled ; though on this particular, he is contradicted by 
 Colonel Van Home, who. it appears, was no less observing of minute 
 circumstances, and whose menioiy is not less tenacious of them. Co- 
 lonel Van Home recollects, and lias been very paiLicuiar in statinjr, 
 that there w as a mark made by the tobacco over one of my eyes ; he 
 was so very minute as to observe that it was -over my left eye, though 
 1 believe it is not so recorded in his testijuony. 
 
 Major iSneliiug's conectiou with respect to the situation of the to- 
 bacco on my face, will not aj^pear iu the record of his testimony ; but 
 it will be brought to the remembcance of the court by my reminding 
 them, that, when Major Snelliiig proposed the alteration in the record, 
 so as to state that he meant to iiave spoken only of the lower part of 
 my face, I objected to its being altered on the minutes, and wished 
 that it might appear from the record of the evidence, that this wjas a 
 correction of his. But, gentlemen, the opinion of Major Snelling that 
 I w'as under the influence of persomil fear, as well as the same opi- 
 nion of other Avitnosses, who have very nciii-ly followed his words in 
 their description, is formed, as they avow, from my appearance, and 
 from my situation and conduct hi the fort. 
 
 A correct and certain judgment of the emotions of the mind, from 
 indications of the countenance, or Irom mere personal a[)pcruances, 
 can hardly ever be formed ; and it must be iidinitely difficult to do so 
 when fatigue, anxiety, and a great responsibility may, -ill iit the s^ime y 
 time, be producing their effect. 
 
106 
 
 Major Jrnciliiij^, thougli a very young gcntleumni it is to be i>rcitiTn- 
 ed li;i.s great acqinrements ; and it would ficcm, Irffiii his testimony, 
 that tlie human passions have been the object of his study. lie intro- 
 duces his testimony on this point with these words .- " 1 have been 
 taught to believe that there are certain human passions which are in- 
 dicated by appearances ,* and the appearance of General Hull, in my 
 mind, indicated lear." 
 
 I hope tbat these professions of Major Snalling will not give his opi- 
 nion an undue weight, because he has not told us in what school he 
 acquired his science in physiognomy; nor has he given us the rules by 
 which, when the mind may be under various excitements, he can dis- 
 tinguish the appearances which will indicate the prevalence of one 
 over the other. Major Snelling, I have no doubt, v.hen he gain? more 
 age and experience, will find that the indications of appearances, in re- 
 spect to the human mind, are fallacious. 
 
 His own case may afford an evidence of it. I myself, and many 
 who heard his testimony, and that of many others of the witnesses, and 
 marked the manner of it, thought that they manifested great passion 
 and prejudice against me — that they seemed gratified with the oppor- 
 tunity of furnishing condemnatory evidence. These appearances may 
 jiave been fallacious ; but if they were so, it is strong evidence that 
 the most erroneous conchisions may be drawn from expressions of coun- 
 tenance, tone of voice, and eagerness of manner. 
 
 I beg it may be observed that most of the witnesses, except Major 
 Sneliing, who have given their testimony on this point, did not see me 
 in the fort, until after the flag was hoisted, when there was, of course, 
 a cessation of hostilities, nor until after I returned from the tent. 
 
 The witnesses have all endeavoured to impress on the minds of thf 
 court that I intended, in all events, to make an unconditional surren- 
 der. If this were the case, where was the occasioii tor personal fear, 
 after I had invited, by the flag, a negociation, and had stopped the 
 enemy's fire ? Major Jessup says, that when he saw me, before the 
 capitulation was signed, I apj)eared greatly agitated, but that after- 
 wards, I WHS entirely composed : and yet, as Major Jessup did not see 
 me in the fort, on the 16th, until after the negociation was commenced, 
 there was no more groimd for agitation, from personal fear, when he 
 saw me on that day, prcrionsly to the capitulation, than there was 
 after that event. 
 
 There is a part of Major Jessup's testimony which is certainly wor- 
 thy of remark. His power of judging of the human passions from ap- 
 pearances, is even superior to Major Snclling's ; because from iiis tes- 
 timony, it seems, he can perceive the appearances when the object is 
 at some distance. He states that when he and Mr. Dugan saw me on 
 horseback, on the 15th, I appeared to be frightened. One of them said 
 we must cheer him up. Wc then approached him, says the witness, 
 and spoke to him-^he appealed pale, &c. so that Ihey had, according 
 
107 
 
 to this testimony, perceived that I was frightened while I uas on horse- 
 back in the face of the enemy's fire ; and before they had approached 
 me, or spoke to me. 
 
 r do not deny that on the morning of the 16th I was greatly agitated, 
 my body was worn with fatigue ; and ray mind was filled with the 
 deepest anxiety. On the one hand I well knew the consequences of a 
 surrender. I knew how unfortunate it was for my country that I should 
 be obliged to yield ; I saw the consequences to myself; I knew that the 
 disappointment of the Jiigh expectations which had been raised would 
 be charged to me, and that all the faults of others, to which in fact the 
 failure of the expedition was owing, would be laid at my door. I saw 
 too, what was intended to be the effect of the opposition of my officers 
 to a measure they knew I must or would pursue. In proportion as they 
 found me decided on this final step, they became insolent in their oppo- 
 sition, and were most so when it was ascertained that they would not 
 meet the enemy, and could not be punished by me. They foresaw that 
 great reputation was to be purchased at so cheap a rate as appearing 
 highly averse to the surrender ; and afterwards publishing to the world 
 all t!>ey said and did, as evidence of my criminality and their own heroism. 
 While all these considerations enlisted every private feeling against the 
 surrender, my mind was agitated by the opposite demands of duty; 
 the dreadful consequences of unsuccessful resistance, or indeed of any 
 thing less than a most decisive victory, filled my thoughts. In the 
 midst of a people among whom I had lived so long as to be known to al- 
 most every inhabitant, all of whom looked to me for protection, and 
 many of whom had sought safety in tJie fort. 1 could not reflect on 
 the horrors of a general massacre which would have been the consequen- 
 ces of a defeat, without em.otion. He who, in such a situation, could 
 have been perfectly treminil — whose appearances should have discoverd 
 no agitation, must have been either less or more than man : He must 
 have been denied the sensibilities common to our nature, or been en- 
 dowed with faculties more than human. 
 
 Wken the court considers my situation ; how many causes there 
 were to excite strong emotion ; will they believe that the witnesses 
 who have testified on this point, were capable of such discrimination as 
 would enable them to ascertain, that the appearances which they have 
 described proceeded from personal fear ? Major Snelling professed t« 
 have been nninstructed in this branch of science, but Captain I\rCom- 
 mick who was not in the fort 'till after Findley's regiment marched in, 
 made no such pretensions ,• he appeared .t<»rXc»fiHd his judgment on his 
 natural instinct, and indeed he did right Qdrt to make a claim which was 
 out of the first stage of civilization : to which rank, notwithstanding his 
 tawdry regimentals, it was evident he belonged. 
 
 Several of the witnesses have given their opinions on this subject, 
 with less confidence, and some qualifications. Colonel Van Home has 
 admitted that rare and anaietij, inijht kave added to the appoarauces 
 
 I 
 
108 
 
 wliicli he dfcscrib(id. His belief, however, as to wUat reluLes to i>erso&- 
 al fear, he says, he ibrined from a comparison of ikces, hy which he judg- 
 ed that mine indicated fear. 
 
 I believe, sir, that in the comparison of countenances, when I was 
 surrounded by my officers at the time of the surrender, a vast dilier- 
 ence might have been observed between the expression of many of 
 their's and mine. If my countenance expressed what I felt, it must 
 have shewn traces of the painful anxiety, by which I had been oppress- 
 ed, and marks of the deepest regret for the measures i had been obli- 
 ged to pursue ; while other faces might perhaps have beamed with the 
 exultation which the min<ls of some can feel, when they look upon what 
 they may think a fallen man. 
 
 Possibly, there may liave been around me, those who felt and whose 
 countenances expressed a joy, that, by the capitulation, they had pur- 
 chased personal security, and avoided a bloody contest, at the expense^ 
 as they supposed, of my character and honour. 
 
 General 'I'aylor also concluded from my appearance, that I was under 
 the influence of personal fear. He gives you the grounds on which lie 
 drew his conclusion — They are that I appeared thoughtful and very 
 low spirited ; tliat my countenance was dull, and thai he saw about me, 
 more of the marks of tobacco than was consistent with neatness. Are 
 these grounds which will warrant a conclusion that is to afiiect the life 
 of a man ? As to what has been said on this disgusting subject of the 
 tobacco, I will dismiss it as to all the witnesses, with a reference to the 
 testimony of Colonel Miller, who proves that I had a habit, which mighi 
 have produced all the appearances, which the witnesses say my chew- 
 ing had produced. It is known that where there is a habit of \mu^ 
 tobacco, it is commonly (unconsciously) taken to excess, whenever the 
 mujd is much occupied ; even the excitement, that some of the vvitness- 
 es who use tobacco, felt wliilo they were under examination, deluged 
 this floor with their expectorations. 
 
 Major IMunson saw me in the fort l."* minutes after the ofiicers were 
 killed. He docs not recollect that the cannonade then <'outinued. Uut 
 I beg the court to remark, tlial he speaks of a time, to which the testi- 
 mony of many of the oificers, who have spoken of my personal a.opear- 
 ance, must refer — He says he saw nothing which might not have been 
 accounted for, without resorting to the supposition ol personal fear. 
 
 Captain Max' veil did not sec me on the IGth, but on the l.'ith he saw 
 rac in a situation where I was exposed to the lire of the enemy. He 
 says that I was collected and cool. He informs you why lie was indu- 
 ced to notice ms appearance ; and his testimony is of some importaiu^e, 
 because it shews, that, as early as the retivat from Canada, my officers 
 had l.'cgan to propagate imputations on my courage ; and because his 
 testimony must relate to the same time when IMajur Jessup says he 
 paw me on horseback, and observed such strong indicaliijus of f(;ar. If, 
 Sir, the opinions of these two witnesses are in opposition, the court 
 
109 
 
 must determine whether they will rt-Ay on the veteran, who has been 
 twenty-three times cr.gagcd with the enemies of his country, or the 
 young genth.>man, who at tiie time he speaks of, was about 25 years of 
 age, and v\>lio knew no more of battles than what he had heard or learn- 
 ed from books. 
 
 The testimony of Judge Witherell, who was a revolutionary officer, 
 who also saw me on the evening of the 15th, is likewise in opposition 
 to the testimony of Major Jessup. 
 
 Captain Bacon says, I was much agitated on the morning of the IGtli, 
 but that he had no suspicion it was personal fear ; neither did he hear 
 such a suspicion expressed by any of the officers. 
 
 The deposition of Major Anderson I have not been able to procure in 
 time to subujit to my counsel, previously to my defence being closed. 
 It is very important, not only as it respects the point now under con- 
 sideration ; but the court will find that there is a great vaiiation be- 
 tween his testimony and that of General M'Arthur, in relation to the 
 fortification at Sandwich. But as I would not ask another postponement 
 of the court, for tJie sake of making any further observations on the 
 testimony of Major Anderson, I must rely upon the court to examine his 
 deposition, and to give his testimony it's due weight. There are some 
 of the witnesses who have given a mere naked opinion, that 1 was under 
 the influence of personal fear, without assigning any reasons for their 
 opinions, whose testimony I shall not notice. It is impossible it can 
 have any influence in the minds of the court. 
 
 Major Jessup said, that whether the agitation which he described, 
 proceeded from the novelty of my situation or fear he could not say, 
 but he believed the latter, if not both. 
 
 Captain Baker said he was of opinion that I was under the influence 
 of fear, as he could not account for the surrender in any other way. 
 This explanation of Captain Baker may afford a key to much of the tesr 
 timony on this point. He, like many other of the officers, thought the 
 surrender unnecessary. They did not concern themselves with consi- 
 derations of what might be the consequences of resistance— they there- 
 tore saw no other motive for the step I had taken, than my own fears ; 
 they, therefore, when questioned on this point, said they thought 1 wa.s 
 under the influence of personal fear, because I surrendered. 
 
 I bog the court to note, that Colonel Miller's answer to the interro^ 
 gatory put to him on this subject, is to the same efTect, although he 
 was stationed in the fort, and I had been in the fortress from the cora- 
 meacement of the cannonade 'till the surrender. He says, he saw no 
 conduct of mine which iuight not have proceeded from fatigue and the 
 responsibility of my situation, and that he could mention no act of mine, 
 which he did then, or does now impute to personal fear, but the surren- 
 der ; and yet Colonel Miller had better opportunity of observing me, 
 than any othi>r witness. He was an older and a more experienced 
 soldier, than any who have given tJieir testimony ; many of whom heard 
 
liO 
 
 the report of an cueiuy's gmi.ibr Ihe first time, at the time to yliicii 
 their testimony rel:«tes. 
 
 li", gentlemeu, your decision upon this point, could rest upon the 
 weight of the opinions given by the witnesses called by the juda;e advo- 
 cate, the preponderance would bo in my favorir. The opinions of Colonel 
 Miller, he having been placed in a situation which gave him such supe- 
 rior advantages for critical, deliberate observation, must deserve more 
 respect than the testimony of all the inexperienced and young men, who 
 only saw me occasionally on the morning of the IGth, and who have 
 attempted to support this charge by their opinions. 
 
 So far as any of the witnesses have founded their opinion that I was 
 under the influence of personal fear, upon the act of surrender, as is 
 the case with Colonel Miller and Captain Baker and others, their testi- 
 mony can have no weight. 7'he court have the same opportunity of 
 drawing a conclusion from that fact that they had. I have endeavour- 
 ed to satisfy the court that that act was justifiable, or at least that I 
 had strong reasons for thinking it so, and if this was the case, it can- 
 not be made the ground of condemnation, because witnesses may have 
 made it the fowndation of their opinion of my want of courage. 
 
 But, gentlemen, there is no example of the opinion of witnesses on 
 this subject ever having been re-ceived as evidence on which to ground 
 a conviction. 
 
 Expressions of the human countenance, and the manners of men, are 
 but fallible indications of the workings of the human mind. The differ- 
 ence in appearances, produced by the excitements of different passions, 
 are too subtle to admit ofobservations from wiiich any conclusions may 
 be drawn ; much depends upon constitution, and often much upon the 
 temporary physical condition of the body. 
 
 A man worn with fatigue oi"body or mind, and pressed with a thou-, 
 sand dreadful anxieties, may, though on the point of inevitable destruc- 
 tion, forget his own fate, and be only moved by the condition of those 
 around him ; while the superficial observer would impute his agita- 
 tion to the dread of death. Tlie uneducated spectator who has not 
 beeji taught, as .Major Snelling has been, the indications of human pas- 
 sions, would most probably see ui the countenance and manner of the 
 Laocoon, only expressions of terror and bodily pain ; and would not 
 understand that the artist has expressed in the countenance and con- 
 vulsive agitation of a dying father, agony of mind, excited by the tor- 
 ture of his expiring children. 
 
 There never has been, and injustice, never can be a conviction under 
 this charge of cowardice, but when a want of courage is indicated by 
 tlie omhsion or cr, mm Lesion uf some act in violation of the duty of tiit- 
 person against whom the charge is made. 
 
 I shall conclude my observations upon that part of the evidence 
 which relates to my ((cr^onal appearance, with some extracts from an 
 Kuglish llislorian, who girts art accunut of the trial of Lord Geoi^e 
 
Ill 
 
 PackviHe, who was tried for niiscon.d.ict at the battle of Minden 
 Doctor Smollttt liaving stated that some testimony was given lo prove 
 That when certain orders were delivered to Lord Georse, he was alarm-- 
 ci] in a very great degree, and seemed in the utmost conlusion ; suhioin«! 
 remarks, irom which the following are cvtracts. 
 
 •' The candid reader will of himself determiiw whether a mau^ 
 heart is to be Judged by any change of his compkuon, granlino- such a 
 change to have happened."-" AVhether it was Jikelv, that an officer 
 wlio had been more than once in actual service, and behaved without 
 reproach, so as to attain an eminent rank in the ai-my, should exhibit 
 symptoms of fear or coniusion, when in reality there w'as no appearance 
 ot danger." " With respect to the imputation of cowardice levelled 
 at Lord George by the unthinking multitude, and circulated with such 
 industry and clamour ; we ought to consider it as a mob-accusation, 
 which the bravest of men, even the great Duke of .-VJarlborough, could 
 not escape, ^^c ought to view i- as a dangerous suspicion, whic'h strikes 
 at the root of character, and may blast that lionour in a moment, which 
 the soldier has awjuired in a long course of painful services, and at the 
 continual hazard of his life. We ought to distrust it as a malignant 
 charge, altogether inconsistent with the former cccduct of the person 
 accused." 
 
 The testimony of some of the wikiesses, appears to hare been intend- 
 ed to prove, that I maniiested a want of courage, by certain acts, du- 
 ring the cannonade, as avcII on the 15th as on the IGth; these are, 
 that on the l^th I dismounted and walked towards the fort, when a shot 
 scruck a house near ine-that I avoided a shell, which appeared to be 
 ooming mto the fort ; and that I remained in the fort in a place of se- 
 curity during the cannonade. 
 
 It does appear to me, gentlemen, that if all these facts were exact- 
 ly as the witnesses could wish them to appear, they would not support 
 any charge. If I found myself unnecessarily exposed to the shot of the 
 enemy, by being on horseback, was it not my duty to dismount '' Is it 
 to be considered a dereliction of duty in an officer, to avoid the explo- 
 >^ion ot a shell ? or is it unjustifiable in a commander, when in a fortress 
 that is bombarded, to put himself in a place of sccuritv, provided he be 
 »n such a situation a,s that he may give his orders and perform the ne- 
 cessary duty of his station? Judging irom what I have seen of service, 
 mth the bravest men our country ever produced, I may venture to say 
 that the court would answer these questions in the negative. But yet 
 I must ask the patience of the court, while I give tlie testimony which 
 has been offered on one of these points ; that is to say, niv remaining in 
 the fort, and my situation there, a slight (examination. Tlic others f do 
 not think worthy my attention. 
 
 3Iajor Sneiling went into the fort, when he returned on the morning 
 of the 16th from Spring-wells. He was roused from a repose, aftc'r 
 waving been at a post all night, by the coraracncemcnt of the cannon- 
 
113 
 
 ade. He remained there til! after the flag went out, Avheo he was seat 
 with orders to Colonel Findley's regiment. He appears to have re- 
 turned to the fort again, about the time that the British officers went 
 into Dy<;on's quarters. In short Major Snellin;^ was in the fort, accord- 
 ing to his account, daring the whole time of (he cannonad:^ on the 
 16tli, and until the British troops marciicd in, with the exception of a 
 very short u)terval, between the sending of the flag and the final sur- 
 render. Now during the time of the cannonade, .Alajor Snelliog saw 
 me standing but once. His memory is so extremely tenacious of the 
 minutest circumsianres, even of a frivolous nature, that he will only 
 admit, as a possibility, that I might have risen twice. The words of 
 Major Snelling are — "During the cannonade, I frequently saw the gen- 
 eral — I once saw him standing — he might have ri^^en twice, ftlost of 
 the time he was sitting on an old tent, under the curtain of the fort, op- 
 posite the enemy'^ batteries." 
 
 AVhether I was sitting or standing in the situation which Major Snel- 
 ling describes, is immaterial — I should have been equally safe in cither 
 position. It is therefore extraordinary that so unimportant a circum- 
 stance should have made such a iasiing impression on his mind. 
 
 The testimony, however, of the other witnesses called by the judge 
 advocate, does not appear to correspond with the recollection of IMajor 
 Snelling. General Taylor's testimony is certainly worthy of remark. 
 It appears that, though Major Snelling tho\ight that my taking a posi- 
 tion under cover of the paiapet of the fort, during tiie cannonade, was 
 evidence of cowardice, yetjMajor Sirclling himself, it seems, thought he 
 was at liberty to avail himself of the very same protection. General 
 Taylor says he saw Major Snelling, as well as many other of the offi- 
 cers, in the same situation that I generally occupied during the firing, 
 when I was in the fort. 
 
 Captain Baker says — " On the morning of Ihe IGtli. during the can- 
 nonade, I saw the general in the fort, sometimes silting, sometimes 
 walking, and sometimes standing." 
 
 Colonel Miller also states ti.at I was sometimes sitting, sometimes 
 standing, and sometimes walking. 
 
 Indeed there could have been no reason for my remaining precisely 
 in one situation during the cannonade, if I h.ad been actuated by an un- 
 due regard to personal safety ; for it appears that the whole eastern 
 side of the fiirt was as secin'c in one part as another. If there weue 
 any reasons for giving prefersnce to the spot where the witnesses say 
 I was silling, it is that it was near the gate — a situation where I could 
 easily be foimd, and where it was most conrcnicnt, as Colonel Miller 
 has testified, to receive reports and to give my orders. 
 
 From this post I had the whole interior of the fort under my view, 
 and could communicate my orders to any part. Was I not then in a 
 situation for a conmiandi r ? The court will recollect that Colonel Mil- 
 ler states, that he himself was sometimes with mc, while I was in the 
 
113 
 
 place the witnesses iiave described — and the fact is, that every office! 
 'nx the fort placed himself under the protection of the eastern parapet, 
 when his duty did not require tliathe should be in a more exposed situ- 
 ation. But it has been attempted to prove that I remained in the fort 
 — and toQk no measures, and issued no orders for a disposition of the 
 troops, after the cannonade commenced. IMajor Jessup states, that 
 shortly after the answer had been returned to the British summons on 
 the 15th, he met me on horseback, and that I then gave him directions; 
 for the disposition which was to be made of the troops for the defence 
 of the town. It is also proved by the testimony of Major Jessup, that 
 in the evening of the l.^th I was on ijorscback. visiting tlie batteries, 
 while the cannonade continued. 
 
 Major IMunson met me on tlie same evening on horseback, when ! 
 »vas visiting the posts. — 3Iajor Jessup said he met me on the ni;iht of 
 the 15th at about midnight at the position which Colonel Findiny's 
 corps had taken up for the night — I was also, as he testifies, at his quar- 
 ters, about day -break on the morning of the 16th, while he was writiiig 
 by candle-light, and gave him directions to despatch an order lor Colo- 
 nels IM'Arthur and Cass. And Captain M'Cormick testifies that he 
 saw me on horseback at the time on which the troops were formed, a 
 short time before the firing ceased. Several other witnesses prove, 
 that they saw me out of the fort at several times, as well on the 15ih 
 as the 16th. What foundation is there therefore for the charge, that 
 during the whole time of the cannonade, I took shelter in the fort ? 
 
 Major Snelling's testimony is so important as to my personal appear- 
 ance, that I cannot but direct the attention of the court to any chonni- 
 stances in his testimony on any other point, which I thii}k may deve- 
 iope the spirit or disposition with which he has testified. — With this 
 view I beg the court to notice that IMajor Sneiling has testified that 
 when he returned from the Spring-wells, on the morning of tiie 16th at 
 dawn of day, he went into the fort to make his report to me. *' But," 
 says the major, "I could not find the general, nor find any one who 
 knew where he was." It has been proved by other witnesses, that I 
 was out of the fort at that time — now, when Major Snelling could not 
 find me in the fort, nor find any body that knew I was there, it seems 
 to me, he might have ventured to say, I was not in the fort at that time. 
 I do think he had at least as good grounds to draw that conclusion, as 
 he had to infer that I was under personal fear, from the appearance he 
 observed. Major Snelling does in a subsequent part of his examination, 
 say that I was out of the fort early that moaiing ; But whether this re- 
 fers to the time when he made his report or not I do not know. 
 
 1 have now gentlemen done with this charge, so far as it respects my 
 personal appearance and deportment. You, who I am to persurae, 
 and do believe, are brave and honourable men, will judge of what f 
 must have suffered, to have sat, day after day, listening to imputations 
 !>f sll oth»r<! the most wounding to the feelings of a s»ldisr— To have 
 
 1.'=; 
 
114. 
 
 Uiese imputations cast Upon me by representations, iHtencied io make 
 me appear abjectly and disgustingly base — To be obliged to hear my 
 name and fame polluted by the testimony which has been given— Tft 
 be obliged to i-epeat the language of the witnesses in my defence, are 
 in thenjselves punishmeirt hardly inferior to that which would be tl»s 
 consequence of your pronouncing nie guilty — But, gentlemen, of that, 
 upon this charge of cowardice, I am bold to say I have no dread. 
 
 I have fought more battles than many of the young men who have 
 impeached me of this crime, have numbered years. 
 
 I appeal to the history that bears record of those who were engaged 
 in the bloody contest for our liberties — there you shall often find my 
 name, but not as coward I 
 
 I have brought before you the testimony of the few who remain of 
 tliose who were my companions in arms, in times that tried men's souls 
 — Do th6y say I am a coward ? I invoke the spirits of the departed 
 heroes who have died at my side, by the sword of the enemy, to say if 
 I am a coward. I would call the shades of Gates, Wayne, Schuyler, 
 and of Washington to tell you, how often they have led me to battle, 
 and to say if they found mt a coward. 
 
 Will you believe that the spirit which has so often prompted me t» 
 risk my life for my country, should now so far have forsaken me a« 
 that I should have become a traitor and a coward ? 
 
 Will you believe that the years in which 1 have grown grey in my 
 country's service, should so far have changed my nature, as that I could 
 have been the base and abject thing my enemies have represented ? 
 
 No. gentlemen, that blood which animated my youth, age lias not 
 chilled. I at this moment feel its influence, and it makes me dare U> 
 say, that no man ever did, or can think me a coward. 
 
 Before I conclude, permit mc to say a few words. It may be thought 
 that 1 have spoken of the officers, who have been witnesses against me, 
 with too much asperity. They have, in my opinion, forfeited all claims 
 to my respect — but I do not mean to charge any of them with wilfiJ 
 perjury. I believe they have imbibed a prejudice and bias against me 
 which has influenced the perceptions of their own minds. My object, 
 by the examination I have given their testimony, has been, to make 
 that bias and prejudice appear to you. Many of them are young men, 
 who give their country great promise. .Many of them, I believe, have 
 good hearts — and such, I know, will one day regret, that they should 
 have yielded to an influence, which has induce<l them to represent mc 
 in colors, that they will be conscious I have not deserved. I know the 
 time will come, when they will consider how they courted my favor, 
 when J was in power, and how they treated me, when they thought I 
 was in disgrace, and haw me in adversity. 
 
 When that time comes, ai..'. '\.me I am sure it will, let it be a con- 
 solation to them to know, that whatever may be my fate, I pity, and 
 from my heart, forgive th«m. I have bow, gcutlouacu. coucludednjy 
 
 i 
 
115 
 
 aefehcc ; I have ii«liced every accusation which the judge advocate, 
 jn the opening of the cause, mentioned as those which he should rely 
 upon, and which he expected to maintain. I Jiave not Iclt, as I be- 
 lieve, any part of the specifications, to which any testimony whatever 
 was offered, unanswered. 
 
 Allow, me, IVIr. president, and gentlemen of thejcourt, witii the most 
 heartfelt sensibility, to return you my sincere thanks fui- the manner 
 in which this trial has been conducted. For thoHo;h, as I humbly con- 
 ceive, there has been some departure from accustomed forms, in re- 
 spect to the examination of witnesses. ! know that the court has 
 been governed by nothing but its own sense of propriety. 
 
 The conduct of the members of this court, and of the judge adro- 
 aetes, has been such as I had anticipated, and every thing that I could 
 «xpect from honorable, impartial, and humane men. 
 
 Whatever may be your sentence, I shall always, with gratitude, ac- 
 knowledge that I have had a fair, candid and patient hearing. 
 
 I do feel myself bound to make particular acknowledgements to the 
 special judge advocate, for the delicacy and propriety of his deportment 
 towards me — and though I may feel the force of the talents, with Avhioh 
 he has conducted this prosecution, it shall not make me forget what I 
 owe to his humanity and liberality. Gentlemen, my life is in your 
 hands— but you are guardians of what is more dear to me, you are the 
 guardians of my honor. With you, in sacred deposit, is that sword, 
 which has been my companion in times that might have appalled the 
 weak-hearted. It has been taken from me, 'till you shall pronounce 
 that I am not unworthy to wear it. I feel that in justice I may demand 
 it of you— and when I shall receive it at your hands, believe, that here 
 is yet enough of heart and life, and in this arm is yet nerve enough tp 
 draw it in vindication of my country's rights. 
 
 If I should receive it, untarnished by your judgment, I may yet live 
 to prove, by my future, as well as by my past conduct, how I have been 
 calumniated — and the justice of your sentence. 
 
 General Hull here closed his defence. He then ofiered to the court 
 the following written observations. 
 
 Having now closed my final defence, I have only to add an objection, 
 which I am compelled at this time to make, in anticipation of a privi- 
 lege, which I understand the judge advocate requested, viz. that ol 
 summing up the evidence. As far as my research has extended, it i?; a 
 privilege sometimes admitted by writers on martial law, but never ex- 
 ercised—one which has grown out of the reasoning of authors, rather 
 than the admission of courts, — and in the compilation of military trials 
 in England, a solitary instance is scarcely to he found of its being either 
 claimed or e.xercised. The reason is evident— the judge advocate is a 
 component part of the court— he officiates in the arrangement of the 
 testimony, and as the law member of the court, acts equally when re- 
 <j!iired in that capacity fjr the accused and the govornnw.'jt. He opon;^; 
 
lib 
 
 Hit cause — he?»a-\sc having previously anangecl and inarsiiulled Ihe ttJ>- 
 liinony for trial, seme dtvclopeinent of the charges and evidence isue- 
 ressary. He iscoiisuJLed in all periods of the trial, and when their sev- 
 eral duties are concluded, his functions are at an end. The characters 
 of this court, precludes the necessity of comment, and it is to be presum. 
 cd that this court, noting and examining the testimony of a cause and 
 deciding on legal questioris as they arise on the trial, can require the aid 
 of professional ingenuity. That the daily investigation of these char- 
 ges should be still incomplete without the comments of counsel on facts. 
 This court differs very materially from other courts. It is selected 
 i'rom professional men, competent to decide on questions of science — 
 and the facts, Avhen submitted, give to the court alone the province of 
 judging of their application — and the cases so often introduced, of the 
 proceedings in the coniniou law comts, are by no means parallel. — 
 There juries decide on the law and the fact. Blended as they are, they 
 require some exposition from the public prosecutor to men wanting his 
 professional science, and of course his intelligence. The necessity ot 
 the rule sanctions its adndssion ; but >vhere that necessity does not ex- 
 ist, no principle that I yet know, can authorize its indulgence. In the 
 present trial, evidence has been admitted of uu-ofticer-like conduct, in 
 nratters of ir;ilitary skii! — vrhether I as an officer was authorised in not 
 attacking Ivlaldeu .'' in this charge can it be supposed that the law mem« 
 ber of the court would be consulted ? Is a charge, exclusively govern- 
 <ed by military r'jles, to require a comment from that part of the court 
 placed here aione to facilitate the trial ? The judgment of the court is 
 formed on professional distinctions, which they, as military men, can 
 alone know — and therefore ueitlier require, uor ask the aid of profes- 
 sional talent and industry. The usage of our country, as far as this court 
 would feel themselves authorized to admit, has discountenanced it. On 
 the trial of General St. Clair, it was not pennitted. On tJie trial of 
 General Wilkinson, thqugh txi)rcssly urged by the judge advocate IMr. 
 Jones, it was denied. In both cases the judge advocate was permitted! 
 to open the charges— because it was necessary to give to the court pos- 
 session of the facts — but there his duties end, and the functions of the 
 couit commence. This pcrmiKsion may be claimed as matter for indul- 
 guen::o, but certainly not of right — and here let me add, that however 
 gratified I should' be in giving to the juilge advocate the opportunity his 
 talants and indu.stry so justly entitle him to. I cannot, consiitcut with 
 military [iropricty, refrain from objecting to a mode of procedure novel 
 3nd unautiioiized. 
 
 The court having taken tiie same into consideration, decided that the 
 judge advocate should be penuiitcd to send up the testimony to the 
 ( ourt. 
 
 ."Major John Anderson's drpa.sitiou read. 
 
 The court \].cn adjcmnu'd to meet on Wednesday next at ten o'clock. 
 
 Wednesday morning March 23d, 181 1. 
 
117 
 
 The court met pursuant to adjournmeul. 
 
 Present. 
 Major General Dearborn. 
 Brigadier General Bloomfield. 
 Colonel Fenwick. 
 
 — Little. 
 
 — Bogardus. 
 
 — Irwin. 
 Lieutenant Colonel Dennis. 
 
 — — House. 
 
 — — Connei 
 
 — — Scott. 
 
 — — Davis. 
 
 — — Stewart. 
 
 — — Livingston. 
 
 — — Forbes, supernumerary. 
 
 The judge advocate replied to General Hull's defence. 
 
 The court then adjourned to meet to-raorrow morning at 10 o'clock. 
 
 Thursday morning, . .arch 24, 1811. 
 
 Court met pursuant to adjournment. 
 
 Present all the members. 
 
 The judge advocate read the proceedings until 3 o'clock. 
 
 The court then adjourned to meet to-morrow morning at 10 o'clock. 
 
 Friday morning, 31 arch 25, 1814. 
 
 The court met pursuant to adjournment. 
 
 Present all the members. 
 
 Ordered that Lieut. Colonel Forbes, a supernumerary member, hare 
 leave to retire. 
 
 General Hull in his defence having made complaint on two subjects 
 — 1st. That the witnesses were e.vamined in the presence of each other 
 — 2d. That evidence was heard in support of charges not embraced in 
 any specification. 
 
 The court deem it proper that the following entry be made on the 
 minutes. 
 
 When the trial commenced it was suggested by a member of the 
 court, that the witnesses ouglit not to be examined in the presence of 
 each other ; to which tlie president replied, that it was not necessary 
 in his judgment to examine them apart Irom each other. The accused 
 did not, either directly or indirectly, object to the witnesses remaining 
 in court, or at any time request that the witnesses should be separately' 
 examined — nor was tJie opinion of tlie court in any way taken or re- 
 quired upon that subject. 
 
 The court have not given any weight to testimony objected to by the 
 prisoner, as not applicable to any charges embraced in the specifica- 
 tions. 
 
118 
 
 Tfic decision of the court was then pronounced as t'oHovrK — »Ii the 
 evidence being read (whether on the part of the prosecution or the de- 
 fence) applicable to the first charge, and the specifications attached to 
 that charge, and after due deliberation had thereon, the court express 
 the following opinion. 
 
 The accused having in his final defence protested agjainst the jurisdic- 
 tion of the court to try the charge of treason, and the opinion of the 
 court being that the objection would have been tenable if the same had 
 been pleaded by the accused on his arraignment — and believing also 
 that the court cannot acquire jurisdiction of the offence by the waiver 
 or consent of the accused, they decline making any formal decision on 
 that charge. 
 
 The evidence on the subject having however been publickly given — 
 the court deem it proper, in ju-tice to the accused to say, that they do 
 not believe from any tiling that has appeared before them, that Brig- 
 adier General William Hall has committed treason against the United 
 States. 
 
 On the second charge, and the specifications attached to that charge, 
 (after hearing all the evidence, and defence, an.^ after due deliberation 
 thereon) the court find Brigadier General William Hull guilty of the 
 Jirst, second T^nd fourth specifications under that charge — and also guil- 
 ty of the third specification under that charge, except that part which 
 charges the said Brigadier General William Hull with " forbidding the 
 " American artillery to fire on the enemy on tlieir march towards said 
 " fort Detroit." 
 
 The court find the said Brigadier General W^illiam Hull guilty of the 
 second charge. 
 
 On the third charge the court after having heard the evidence (as 
 well as the defence) and after due deliberation, find the said Brigadier 
 o-oneral William Hull guiity of neglect of duty and un-officer-like con- 
 duel, as cliarced in the first specification under this charge, in omitting 
 with ;;ufTicient care and frcqui-ncy to inspect, train, exercise, and order, 
 and to cause to be trained, inspected, excrcisefl and ordered the troops 
 undir liiscoinmand, from the 6th day of July until the 17th day of An- 
 rnst, i;>12; and acquit him of the residue of the charge contained io 
 thatspe«;ification. 
 
 The court acquit the said Brigadier General William Hull of the se- 
 cond and third specifications of the same charge. 
 
 Tlic court find the said Brigadier General William Hull guilty of the 
 *holc ofthe fourth specification of that charge, except that part which 
 charges him with not seasonably repairing, fitting and transporting — or 
 causing to be fitted, impaired and transported, the guns, and gun car* 
 ria"-cs which wen^ neecssary to the operations ot the war in the said 
 British province of I'ppcr Canada. 
 
 The court find the said Brigadier General William Hull guilty of so 
 murh of Iho fifth spccifrcn.tion to that charge as relates to m-glcct of 
 
119 
 
 duty and un-officer-like conduct, in suffering his coraraunication with 
 the River Raisin and the state of Ohio to be cut ofl— and sending Ma- 
 jor Van Home to attempt to open the same with an inadequate t'orcc ; 
 he, the said Brigadier General William Hull having reason to know or 
 believe the same was insufficient — and the court acquit hini oi" the resi- 
 due ol' that specification. 
 
 The court find the said Brigadier General William Hull guilty of the 
 ^ixth and seventli specifications of that charge. 
 
 The court find the same Brigadier General William Hull guilty of the 
 ihird charge. 
 
 The court then adjourned to meet to-morrow morning at 10 o'clock. 
 
 Saturday morning, March 2G, 1814 — the court met pursuant to ad- 
 loumment. • 
 
 Present all the members. 
 
 The court in consequence of their determination respecting the se- 
 cond and third charges, and the specifications under those charges, ex- 
 hibited against the said Brigadier General AVilliam Hull — and after due 
 consideration, do sentence him to be shot to death, two thirds of the 
 court concurring in the sentence. 
 
 The court in consideration of Brigadier General Hull's revolutionary 
 services, and his advanced age, earnestly recommend him to the mercy 
 of the President of the United States. 
 
 The court then adjourned to meet on Monday morning next at 10 
 o'clock. 
 
 Monday morning, March 28, 1814 — the court met pursuant to ad~ 
 journment. 
 
 Present all the members. 
 
 The proceeding having been read once, approved and signed by tht 
 president — the court then adjourned sine die. 
 
 H.Dearborn, major general, president of the couri. 
 
 M. Van Beuren, special judge advocate. 
 
 Philip S. Parker, army judge advocate. 
 
 April 25, 1814 — The sentence of the court is approved, and the exe- 
 cution of it remitted. 
 
 (Signed.) JAMES MADISON. 
 
 By directions of the court martial the president gave the follovving 
 directions to General Hull. 
 
 Albany, March 23, 1814. 
 Sir — You will please to return to your usual place of residence in 
 Massachusetts — and there continue until you shall receive orders frorn 
 the president of the United States. Your humble servant. 
 
 (Signed.) H. DEARBORN, major genera?-, 
 
 president of tho co'irf 
 Brig. Gen. W^iUiam Hu« 
 
APPENDIX. 
 
 NO. II. 
 
 MAJOR BANNISTER'S LETTER READ. 
 
 Brookfield, Feb. 17th, 1813. 
 
 General JVade Hampton. 
 
 Mr. President. — Having learned that my war worn companion in 
 arms, Gen. Wra. Hull, is called upon to answer to some of the highest 
 charges wiiich can be preferred against a military character, and that 
 you, sir, are the president of the court before Avhoni he is to be tried, 
 1 take the liberty of addressing to you a few observations on the subject, 
 which are dictated by the interest I feel for my country, as also the repu- 
 tation and character of my friend, wiio stands highly criminated before 
 you. My first acquaintance with Gen. Hull, was in times the most 
 Mnibrtunatc, " the times that tried men's souls ;" the services which 
 he rendered to his country, during the revolutionary war, ought not to 
 b*; i'orgotten. He was thou young, active, brave and faithful ; high in 
 the estimation of his superior officers, and respected, even by his ene- 
 mies, for his ridelity to i.is country. I will not unnecessarily take up 
 your time in detailing the innumerable hardships, fatigues, privations 
 aiMl satforings to which we were subjected during the worst of times. 
 It is sufficient for my piu'pose, on this occasion, to notice particularly 
 tho capture of Burgoyne and the well known battle of Monmouth. In 
 these two memorable events, wivere the ground was covered with the 
 dead bodies of the slain, and the air resounded with the groans of the 
 dying, Hull was unshaken. He bravely Ibught, and a grateful countiy 
 acknowledged his bravery. I was then Brigade Major to Gen. Learn 
 ed in whose brigade Gen. Hull was a major in Col. Brooks' regt. The 
 welfare of his country was apparently as dear to him as his life ; but it 
 he has now fallen, he has fallen indeed. Having associated with him in 
 times so interesting, and in no other character than that of a brave 
 man, I shall be unhappy to learn that he h.as terminated his patriotic 
 career by meanly acting the coward. 
 
 (Signed.) SETH BANNISTER 
 
 DEPOSITION OF ADJUTANT TUFTS, READ. 
 
 Boston, Feb. 3d, 18M 
 
 To the President and members rf the general Couri-Mariial sitting iu 
 Albany for the trial of General Hull. 
 
 Gentlemen. — Having been solicited ^y the friends of General ihiilto 
 Ktate my knowledge of his cliaracter and conduct during the vcvo!ution- 
 
( ^ J 
 
 arj Wcir, I Jiave tito honour of submitting tbe following particulais. I 
 Mas with him as Sergeant Major of the 8th Mass. regt. at Ticonderoga^ 
 and in the same regt. at taking Burgoyne's army, and was with tlie regt. 
 he commanded in taking Stoney Point, and his adjutant. 
 
 His ciiaractcr for courage and firmness on all these occasions was un- 
 exceptionable ; and he was a good military man and was universally 
 esteemed by his brother officers, and beloved bvhis soldiers. 
 
 (Signed) FRANCIS TUFTS. 
 
 GENERAL HEATH'S CERTIFICATE READ. 
 
 I Wiliiam Heath ofRoxbury in the county of Norfolk and common- 
 wealth of Massachusetts, having served as a general officer in the A- 
 merican Revolutionary war from the commencement of hostilities, on 
 tJie 19thof April 1775, until peace took place in 1783, hereby certify, 
 and on my sacred honor declare (and to which I am ready to make so- 
 lemn oath,) that in the said v.ar William Hull, now a Brigadier Gene- 
 ral in tiie army of the United States, served as an officer in various 
 places, in all of wliich he sustained the character of a. brave and good 
 officer — possessed the particular esteem and confidence of General 
 Washington, who waj; aniiovs for his promotion as v.ill appear from 
 extracts of his letter to this deponent, on that subject, wiiich are ex- 
 Jiibited herewitJi. That this deponent being in the imnicdiaie command 
 of the American troops in the highlands of New-York on Hudson River 
 in the month of .January 1781, an enterprise was contemplated against 
 the enemy at Morrisanea, the tlien advanced post of the Britisli army, 
 whicli entcr{)rize was to be entrusted to the then Lieutenant Colonel 
 Hull, now Brigadier General Hull. The success of this enterprize was 
 doubtful in the opinion of General WasJiington, v.'hen it was communi- 
 cated to him as will appear l>y an extract of a letter frqm him herewith 
 exhibited. But Lieutenant Colonel Hull, with the troops under his com- 
 mand, were successful : with great address and gallantry, they forced a 
 narrow passage to the enemy, and, with the loss of one subaltern,''one 
 drummer, and ten privates killed, one captain, one sergeant, and eleven 
 rank and file woumlcd completely defeated the enemy, and, besides the 
 killed, took upwards of 50 prisoners, out away the pontoon biidge, took a 
 considerable quantity of forage, a number of cattle, &c. for which they 
 were thanked in the public orders. This deponent during the revolu 
 tionary war liaving at different times had the honor to command the 
 !itatc lines o^ the army from N. Hampshire to IXcw-.lersey inclusive, 
 and two brigades of more Southern Lines, liieutcnant Colonel Hull sus- 
 tained a conspicuous chftnicter of a brave, faith j'vl and good officer, an<; 
 furtlier saith not. 
 
 (Signed) WM. HEATH. 
 
 Rnxburg, 20tk Dec. 181.3. 
 
 ]£XTRACTS OF LETTERS FROM GENERAL WASHINGTON TO 
 MA.TOR GbN. HEATH VIENTIONED IN THE DEPOSITION. 
 
 JJcad-Qitartcrs, Morridown, Dec. l."], 1779. 
 
 " The case between Major Hull and Major Cogs^vcll is of more dc!i- 
 
 " racy and very important. Major Hull was not appointed by the 
 
 * slate to the majority in Colonel Jackson's regiment, he was ap- 
 
 '.' pohitedby nic at the interccK.sion of several officer.^' of fJie state liiif 
 
( 3 ) 
 
 and not without authority. He is an officer oi'j^rcat merit aiiii whose 
 services have been lionorable to himsellaud honorable to his country 
 I was then persuaded as I still am that a good officer would and ever 
 will be an object of" the state's regaid ; and there has been no injus- 
 tice done to Major Cogswell. Perhaps by your representation, you 
 may be able to get matters put right, and I am stire you can scarcely 
 render any more essential service than prevailing on the honorable 
 assembly to preserve the arrangement inviolate, and to pursue the 
 rules of promotion which have been established. In the case of 
 Majoi' Hull, he might as 1 have been long since told, been arranged 
 as Lieutenant Colonel, on the Connecticut line by the committee of 
 Congress at White Plains in 1778." 
 
 ON THE BNTERPRIZE AGAINST TPIE ENEMY. 
 
 Head-Quarters, New-Windsor, Jan. 7th, 1781. 
 
 " You will be pleased to observe on the subject of your letter of lasl' 
 evening that although I am not very sanguine in my expectation of 
 the success of the cnterprize proposed, yet I think, in our present 
 circumstances, it will be adviseable to encourage it. Colonel Hull 
 may therefore have permission to make the attempt." 
 The foregoing are true extracts from the orisrinals. 
 
 (Signed) W3I. HEATH 
 
 Roxburg, Dec. '2Qth, 1813,, 
 
 INTERROGATORIES PUT BY GENERAL HULL TO W. EUS 
 
 TiS, ESQUIRE, LATE SECRETARY OF WAR, WITH HIS 
 
 ANSWERS UNDER OATH.— Tafcen by consent. 
 
 Q. 1 . Had not information been received at Washington about the 
 time I arrived there in the fatter part of February, 1812, fiora Mr. At- 
 water, the then secretary of the teriitory of .Michigan, who then dis- 
 '.liarged the duty ol' governor, that there were strong appearances of 
 hostility among the Indians, and that the territory was in danger ? 
 
 ^. According to ray recollection letters to that effect were received 
 from Mr. Atwater. 
 
 Q. 2. Did I not urge oh you, as secretary of the department of war, 
 the expediency and necessity of ordering a force there for the protect 
 tion of Detroit, the territory and the northern frontier ? 
 
 ^4. I believe you did. 
 
 Q. 3. AVas it not then proposed to me to a;ccept the office of a gene- 
 ral officer in the army, and take command of the force ordered for De- 
 troit : and did I not decline, for this reason, that I was not willing to re- 
 sio-n my office as governor of the territory, and that I did not consider 
 myself as having a legitimate right to command in the army under my 
 t^omraission as governor of tlic territory ? 
 
 jt. You did, in the first instance, decline accepting the office of briga 
 djer general, for the reason assigned in theintenogatory. 
 
 Q. 4. Was not Colonel Kingsbury, of the 1st U. S. Infantry, then or- 
 dered to Washington for the purpose of proceeding to the state of Ohiof 
 lo take the command of this force, and, on his arrival at Washingtou, was 
 he not prevented by sickness. 
 
 .4, Colonel Kinc:,sbtirv wJ^v ordered to Washington for the purposes 
 
( 4 ) 
 
 stated, and, on account of bodily indisposition, was not ordered on com- 
 mand. 
 
 Q. r>. Was I not ordered, after I accepted the appointment of a 
 brigadier genrral in the U. S. army, to proceed to the state of Ohio, to 
 take the command of the troops which had been ordered to assemble at 
 Dayton, aiid inarch them to Detroit ? and was uot that nomination made 
 without my desire, or even knowledge on my part ? 
 
 ^4. You wa-^, alter having been appointed a brigadier general, order- 
 ed to take oo:i:mand of the forces destined to Detroit — you did not, to 
 my knowledge, solicit that appointment — the nomination wa- made as 
 soon as you had communicated to me your final determination to accept 
 it. . 
 
 Q. 6. Do you or do you not recollect after I was appointed a briga- 
 dier general I addressed a memorial to you as secretary of war ? that 
 that memorial was in relation to the command I was destined to take, 
 and the country which was expected to be the scene of my operations — 
 that it contained considerations relative to a war between Great BritaiD 
 and the United States ? 
 
 A. I have a perfect recollection of your having presented the memo- 
 rial referred to in the interrogatory. 
 
 Q. 7. Al'ter you received that memoir did not you send a request to 
 me to call at the war-office, and while I was there did you not invite the 
 secretary of the navy to attend us ? and was not a part of the memoir 
 referred to him at your request ; and did you not at that time assign over 
 the brig Adams ? 
 
 A. I recollect your attendance by appointment at the war-office — • 
 the memorial, or that part of it which related to the naval defence of 
 Lake Erie, was referred or communicated to the secretary of the navy, 
 who was present. The brig Adams, which had been employed as a 
 transport luider the direction of the war department, became the subject 
 of conversation; whether she was (being on the stocks then repairing) 
 actually transferred to the navy department, I do not distinctly recol- 
 lect if that was the case : the evidence is on record. 
 
 Q. 8. Did I not, in frequent conversation with you, during the time I 
 was at Washington in the winter and spring of 1812, manifest a great 
 anxiety for ihe safety of the northein frontier and t4ie territory of .^lichi- 
 gan? 
 
 A. You did. 
 
 Q. 9. Did you or did you not intimate to me at Washington that pro- 
 bably war would not bo declared before the 4th July ; or had I any reason 
 to suppose it would, from your first letter of the 18th June ; and was not 
 that letter written before tlie act declaring war w as actually passed ? 
 
 A. I have not such a recollection of the conversation respecting the 
 probable time of tlie declaration of war, as to enable me to answer silis- 
 factorily that part of the interrogatory. — One of my letters of the 18th of 
 June, the one presumed to be referred to, was written on the day of the 
 declaration, but before the declaration was made, on a presumption that 
 it would be made on that day ; and it was intended that you should infer 
 that such an event would take place in a short time. 
 
 Q. 10. Were there any appropriations made for lue, cither to make 
 presents to the Indians or for other purposes ? 
 
 A. There were appropriations for Indian presents and for other pur- 
 pascs. 
 
 Q. 11. What was my reputation in the several situations you have 
 known me, in the rerol'Uiouary war, as; major general in the militia ol 
 
( 5 ) 
 
 Massafcliuselts, as senator of that state, and as governor of the territorj 
 of Michigan? 
 
 y/. Your character as an officer in the revolutionary arn)y, antl as 
 major general in the militia of 3Iassachusetts, was that of a brave, active 
 and useful officer. 
 
 Q. 12. Did you not receive information, in the spring of 1812, tbar 
 troops had arrived at Quebec to relieve those stationed there ? 
 
 yt. I have no recollection of such information. 
 
 Q. 13. Did you not receive information that Sir George Prevosthad 
 taken upon himself the responsibility of retaining those intended to bi- 
 relieved, inconsequence of the prospect or actual declaration of war; and 
 at what time did yon receive this intelligence ? 
 
 jt. I do not recollect such information. 
 
 Q. 14. W&s this information ever communicated to me by you o: 
 any member of the government to your knowledge ? 
 
 A. Answered by the preceding answer. 
 
 Q. 15. Look upon the papers now shewn to you marked respectively 
 A. B. G. D. E. F. with your initials purporting to bo letters from you to 
 me, are the signatures thereto your signatures ? 
 
 A. By my signature endorsed on letters A. B. C. D. E. F. 
 
 Q. 16. Look upon the papers now shewn to you and marked G. H, 
 L K.L. M. N. O. P. Q. R. purporting to be the copies or drafts of lettei-s 
 written by me to you as secretary of war, do you kuow or believe that 
 such letters as these documents purport to be copies of, were received 
 by you from me ? please to answer this question as fully as your memory 
 will permit with respect to the said letters or any or either of them. 
 
 A. Of the papers marked G. H. L K. L. M. N. O. P. Q. R. I can on 
 ly say that so far as I have examined them I think it probable they an 
 copies of letters addressed to the war department ; of their number or 
 contents I cannot speak with certainty or confidence — the originals of ail 
 Jetters addressed to the war department must be on file in the war of- 
 fice ; and it is presumed will be furnished (or copies of them) ou appli- 
 cation. 
 
 (Signed) W. EUSTIS. 
 
 Albany, January 23d, 1814. 
 
 Boston, Febrmri/ Ith 1814. 
 
 Having been requested by Brig. Gen. Hull, to state to you any infor - 
 mation in my power to you respecting his character as an officer diirin;j 
 the late revolHtionary war, I wouhl observe that I became acquaiuied 
 with this gentleman in the month of February 1776, and that from that 
 time I was well acquainted with his character and conduct to the clost 
 of the war in 1783. — During that period it fell to the general's lot fn;- 
 queutly to meet the eviemy in combat ; and, in every iiustance, he acquit- 
 ted himself much to his own honor and to the satisfaction of his superior 
 officers. — No officer of his rank, (as far as ray knowledge of that subject 
 will enable me to speak) stood higher in the estimation of the army gen- 
 erally than General Hull, not only as a disciplinarian and an officer of in 
 telligence, but as a man of great enterprise and gallantry — I can adc! 
 that he possessed in a high degree the conlidciiCL. of General ^'ashington 
 — Notwithstanding my long acquaintance with General Hull as an offi- 
 eer, I never had an opportunity to witness his conduct in action raoiv 
 
( 6 ) 
 
 than once — although I have often seen him under circumstances of great 
 danger from the fire of the enemy. In the month of September, 1776, 
 at White Plains, he acted under my immediate orders, and was detached 
 from the line, with a company he then commanded , to oppose a body of 
 light infantry and Yagers advancing upon the left flank of the American 
 army — His orders were executed with great promptitude, gallantry and 
 effect — Tho' more than double liis number, the enemy was compelled to 
 retreat, and the left of the American line thus enabled, by a flank move- 
 ment, in safety to pass the Broox. 
 
 With great respect 1 am sir, your servant, 
 
 (Signed) I. BROOKS. 
 
 To the President of the court martial, Albany. 
 
 Albany, 17th February, 1814. 
 
 To the court martial appointed for the trial of General Hull. 
 
 I say, on my sacred honor, that I was a captain in the year 1777, in 
 Colonel Vanscock's regiment of the state of New-York, that I served 
 with General Hull in the year 1777, in the expedition under General 
 Arnold, which relieved Fort Stanwix. That I likewise served with 
 General Hull in the campaign of 1778. and was with him in the battle 
 of Monmouth, when I was wounded and lost my arm ; that there was no 
 officer of General Hull's rank that stood higher in my estimation* and as 
 far as I knew, in the estimation of the army ; that he was considered as 
 I brave and excellent officer. 
 
 (Signed ) JOSEPH MoCAKEiV. 
 
 A major in the Neiv-York line inthe year 1778. 
 
 I, Salmon Hubbell, of Bridgeport in the state of Connecticut, being 
 duly sworn, do depose and say, that I was a lieutenant in the 5th Con- 
 necticut regiment of continental troops, and was acquainted with Gene- 
 ral William Hull in the revolutionary army, and aiw.iys considered him 
 a gentleman in every respect as well as a brave and a good olficcr. He 
 was in the attack on Stoney-point, which took place in the morning of 
 July 16th, 1779, under the immediate command of General Wayne ; 
 (the mode of attack now before me) wluMein is ordered that Col. Meggs 
 will form next in Fcbige's rear, and Major Hull in the rear of Col. Meggs* 
 which will be the right column. The result speaks in the highest lan- 
 guage of the good conduct of each officer and soldier. This deponent 
 fuithcr sailh. that he did aid and assist in said attack on Stoney-point 
 and was therefore knowing to the conduct of General Hull therein. 
 
 (Signed.) SALMON HUBBELL. 
 
 Bridgeport, January 20th, 1814. 
 
 Sworn before me. Joseph Backus, Justice of the Peace. 
 
 COL. JACOB KINGSBURY'S DEPOSITION. 
 
 Question. Was you not ordered by the secretary of war to repair to 
 Washington in IMarch, 1812. 
 
( 7 ) 
 
 A. I was. 
 
 Q. On your arrival at Washington was you not ordered to tl)e state of 
 Oliio, to take tiie command of the troops destined for Detroit ? 
 
 A. I was. 
 
 Q. Did you know what nunaber and what description of troops that 
 command was to consist of ? 
 
 A. J was to have 300 regular troops and 1500 militia, according to 
 my best recollection. 
 
 Q. What were your instructions ? 
 
 A. My orders were to cut a road to the Ranids of the Miami, build a 
 stockade fort at that place, garrison it r;L.i one company, then cut a 
 road to Detroit and put that fort in the best possible state of defence,' 
 and wait for lurtiier orders. 
 
 Q. Did you not expect that the object of that force was to protect 
 the northern frontier against the Indians in case of war ? 
 
 A. I did. 
 
 Q. Did you estimate tJiat force sufficient for offensive operations 
 against Upper Canada, in case of a war with Great Britain ? 
 
 A. I did not. 
 
 Q. How long did you conamand at Detroit, and when did you leave 
 it? 
 
 A. I commanded at Detroit about two years, and left it in July, 1811. 
 
 Q. During the time you commanded at Detroit were there not large 
 droves of liogs and fat beef cattle driven from Ohio to that market ? 
 
 A. There was. 
 
 Q. Was you an officer in the revolutionary army ? 
 
 A. I was. 
 
 Q. Had you any knowledge of my character and military conduct du- 
 ring that period ? 
 
 A. I had — General Hull was considered by all ranks in that army as 
 gallant and brave. I was in an expedition when he commanded against 
 the enemy at .'Morrisanea, near JVew-York, which was arduous and dan- 
 gerous ; ail liis arrangements were judicious, and his conduct in the exe- 
 cution of them was that of a brave and intrepid officer. In 1783, I was 
 in the light-infantry under General Hull's command, then stationed near 
 Kingsbridge, and remained with him until the British evacuated New- 
 York, when he marched in his troops and took possession of the city. 
 (Signed.) JACOB KINGSBURY. 
 
 '*' Col. 1st Regt. Infantry and Insp. Genera!. 
 
 Sworn this 3d day of March, 1814, belbre me, ) 
 
 (Signed.) Absalom Tonmsend, jiin. mast, m clian. ^ 
 
 COMMONWEALTH OF MASSACHUSETTS. 
 SUFFOLK, SS. 
 
 Personally appeared before me. the subscriber, a justice of the peace 
 in and for the said county, Charles Stewart, esq. a post captain in th*. 
 navy of the U. S. who being sworn on the holy evangelists of Almighty 
 God, deposeth and saith : 
 
 That he received an order from the secretary of the navy, dated the 
 ISth of March, 1812, to repair to Washington, as it was contemplated by 
 the government to trust him with an important command ; that in com- 
 pliance with the said order he arrived at Washington in the beginning oi' 
 
I 8 ) 
 
 April, and at liis first intervieiv with the secretary, he was iutormed, 
 " that it was contemplated to give liira the coinmaud on the lakes, that 
 the secretary stated tliat a naval force, superior to the British on the 
 lakes, had been strongly urged by General Hull as essential, and as a 
 certain means ol' ensuring to the arfny success ; that the question of en- 
 creasing our naval force there was then under consideration of the presi- 
 dent, which he had not yet decided on ; that there was no law of congress 
 which would authorize an increase of our naval force there, but that in 
 all probability the president would recommend to congress the passing of 
 such law, when the more important business of the session was gone 
 through ; at any rate the secretary would give him an order to build a 
 brigof war on Lake Ontario, to carry eighteen guns ;" that after re- 
 maining a few days at Washington, and maturely considering the impor- 
 tance of the service (in case of war) the limited means he would have, 
 together mth his ignorance of that country and the lakes he declined 
 the honor intended him by the government. 
 
 (Signed.) CHARLES STEWART. 
 
 Sworn and subscribed before me, at Boston, 18th December, 1813. 
 
 (Signed.) fniliam Tudor, justice of the peace and quorum through 
 
 the commonwealth aforesaid. 
 
 Jf'ashingl07i, April, 9, 1812. 
 
 Sir — 1 have received your letter of yesterday informing me of my ap- 
 pointment as a brigadier general in the army of the United States. 
 
 You will please to communicate to the President my acceptance of the 
 appointment, and my readiness to repair to my duty in conformity to bis 
 instructions — with great respect, 
 I have the honor to be, sir. 
 Your most obedient servant, 
 (Signed) Wm. HULL 
 
 Honorable AVm. Eustis, 
 Secretary of the dept. of War. 
 
 On the Ohio, opposite Marietta, M Mai/, 1812- 
 6 o'clock in the morning. 
 Sir, 
 
 I am proceeding with all possible expedition to Cincinnati— sevcai 
 days ago, 210 volunteers descended the river fron) this place — I under- 
 etand Gov. Meigs has marched the volunteers raised at and in the neigh- 
 borhaod of Chilicothe to Dayton, the place of rendezvous — I have heard 
 nothing as yet of the 4th regiment, I hope to meet them at Dayton. 
 
 I met with Robert A. McCabc, an ensign in the 1st regiment, at Pitts- 
 burg — He is now with me and commands the 40 recruits on board my 
 boats — from the best information I have obtained, the whole number of 
 1200 will be in readiness and principally volunteers. 
 The state of Ohio has exhibited a noble example— Respectfully, 
 
 (Signed) Wm. HULL. 
 
 P. S. I do not stop here even to visit my old reFOlutionary friends. 
 Honorable Wm. Eustis, H. 
 
 Secretary, departraent of War, 
 
( 9 ) 
 
 IleadnQuarters, Detroit, July 7, 1812. 
 I have the honor to inform you that the array under ray command 
 .irrived at this place on the 5th instant— at tlie fork of the Rapids of the 
 ■Miami some part of the public stores and the officers' private baggage 
 were put on board a small ves.sel to be transported to Detroit — at tliat 
 time I had not received your letter iuforraing me of the declaration of 
 .var — the vessel was taken on the passage and carried into Amherst- 
 tturg— Inclosed are copies of two letters, one which I addressed to Col. 
 George Coruds at Araherstburg, the other his answer. 
 
 The greatest possible exertions have been made to induce the Indians 
 to join the British standard — The Tomahawk stained with blood has 
 been presented to the natives in due form — The approach of this army 
 has prevented many of them from accepting it — For a number of 
 weeks they have issued about two thousand rations per day : from the 
 best information their niunber is decreasing. 
 
 The patience and perseverance with which this army has sustained a 
 march attended with difficulties uncommon in their nature, does honor 
 to themselves and their country. 
 
 The British have established a port at Sandwich opposite Detroit ;■— 
 the militia of Detroit have manifested a laudable and patriotic spirit. 
 
 In your letter of the 18th June you direct me to adept measures for 
 the security of the country and 'vait for further orders ; — I regret that I 
 have not a larger latitude. I am. very respectfully, &c. 
 
 WILLIAM HULL. 
 Honorable William Eustis. 
 
 Detroit, 9tk July, 1812. 
 
 Sir — I have received your letter of the 24th Jime.'— The army under 
 my command arrived here on the 5th July, inst. Every effort has been 
 and is still making by the British, to collect the Indians under their stan^ 
 dard; — they have a large number. I am preparing boats and shall pass 
 the river in a few days. The British have established a post directly 
 opposite to this place ; I have confidence in dislodging them, and of being 
 iu possession of the opposite bank. I have little time to write ; every 
 thijig will be done that is possible to do. The British command the 
 water and the savages ; I do not think the force here equal to the reduc- 
 tion of Amherstburg : you therefore must not be too sanguine. I am, &c 
 
 WILLIA.^I HULL. 
 
 Hon. William Eustis. 
 
 Detroit, July ip, 1812. 
 
 Sir — Mr. Beard, Augustus Porter's agent here, mfbrnied me that, in 
 consequence of the lake being closed against us, he cannot furnish the 
 necessary supplies of provisions. I have, therefore, authorized Mr. Joh« 
 H. Piatt, of Cincinnati, (now here) to furnish two hundred thousand ra« 
 tions of flour and the same quantity of beef. I have engaged to give 
 him 5 per cent, on the amount of purchases and pay his necessary expen- 
 ces, and the expence of transportation ; he will cither hire or purchase 
 pack-horses to transport the flour. I shall draw on you for the raonev 
 necessary for the purpose. The communication ranst be secured or this 
 army will be without provisions. Troops will be absolutely necessary 
 on the road to protect the provisions. This must not be neglected; if 
 it is this army will peiislj hv hunger. I am. ic 
 
 (Signed.) WILLIAM HULJ^ 
 
 Honourable W. Eusti« 
 
 B» 
 
( 10 } 
 
 SuDdakh, ia Upper Canada, .huj VMh, liil2. 
 
 -Sfr — iVoni ihc ;"itli July inst. the day of the airival of the army at De- 
 troit, tlic wiialc was empioycd instrengtheiiinjr tlic {bftificatioiis for tlie 
 : ec'.iiity of the town, aa<l prepariivj; boats \\>\- tlu; pass'ii;;e of the river. 
 About Olio hiimh'ed regulars of the Critish army, and, from the best ac- 
 counts I liave been able to obtain, six liundred (janadiau. militia with ar- 
 tillery, were in possession of the opposite bank, and iurtil'yin;; direetly 
 opposite the town ; seven or eight himdred Indians were likewise attach- 
 ed to this corps. On the evening of the 11 th, before dark, the boats 
 were ordered dow n tisc river, and a part of the army marched towards 
 the river Rouge, with directions to return under cover of the night and 
 jiroceed above the town. TJie object of this movement was to induce 
 the enemy to believe that this was a preparatory measure to the pas- 
 sage of the river below : tliis indeed would have been the real movement, 
 if a sufficient numbar of boats could have been collected {'or the passage 
 of a body of troops iit once superior to tlie enemy's: the necessary arrange- 
 ments haying been made, the latter moved above the town to Bloody 
 hridge. The 4th U. S. regiment, IVI'Arthur's, Finley's and Cass's regi- 
 ments of Ohio volunteers, with three six pounders under the commaiid 
 of Captain Dyson, marched to the same point ; the descent was imme- 
 diately made, and the ?.vmy is now encamped on the Canada shore with- 
 out the loss of a man. In the course of the night the enemy abandoned 
 their position and retreated to Amherstburg. Beth the embarkation 
 and debarkation were conducted with the greatest regularity, and all the 
 heavy artillery that was mounted on carriages was placed on the bank 
 in suitable situations to have covered the lauding. In less than five min- 
 utes after the first boat of a regiment struck the shore, the whole regi- 
 ment was formed. The mauuer in which this difficult movement was 
 executed docs honor to the officers and soldiers of this army. I consi- 
 der the possession of this bank as highly important. By erectistg on; 
 or two batteries opposite to the batteries at Detroit, the river will be 
 completely commanded in the rear of the army. On the Detroit 
 River, the River La Trenche, and Lake St. Clair is a populous and 
 valuable part of the province ; it Is likewise probable that v.hen the In- 
 dians see the American standard erected on both sides the river it will 
 have a favorable effect. 
 
 Inclosed is a copy of a proclamation to the inhabitants, ^vhicli I Iiojie 
 will be approved by the goveniinent. Two hundred copies have been 
 printed and are now in circulation ; all the inhabitants who have seen it 
 appear satisfied. I am, &c. 
 
 (Signed.) AVILLIAM HULL. 
 
 Hon. W'. Eiisti-, 
 
 Betroit, Julj 22il, 5 (rdock, J. M. 
 
 Sir — yesterday afterno>)n I pasiiod over to this place with Lieutenant 
 Colonel Miller and one battalion of the 4th regiment, for the piir[)ose oi' 
 accclcratinc; the preparations for (he siege of IVIalden. I find that en- 
 tirely new caniag('S nuist be built for the 21 pounders and mortars , it 
 will require at least two weeks to make tJie necessary preparations ; it 
 is iu the power of this army to take Maiden by storm, hut it would be 
 attended, in my opinion, with too great a suciifice under the present cir- 
 cumstances. 
 
 I am making preparations for an attempt (U» the " Uueen Charlotte." 
 
 If Mahlen was in our po:'iesvir)n I could march this army to Niagara or 
 York iu a very short time. \ am, v.tv respectfully, k.c. 
 
 (Signed.) WILLIAM HULL, 
 
 Brig. Gen. Coamianding N. W. army, V . S. 
 The hon. W. Eustis. 
 
( 11 ) 
 
 Sandwkk, U. C. ^iugust Uh, 1812. 
 
 Sir — At the time v, Lcn tlie a,i'iiy iindtM- my command took possessioii 
 ol" this part of the province of r-jper Canada every thing appeared fa- 
 vourabie, and a!l the operations of tliis army have been successfnl; cir- 
 cumstances have since occurred whicli seem materially to change ourlii- 
 ture prospects. The unexpected surrender of IVlichilimackinac and the 
 tardy operations of the army at Niagara are the circiimstances to wliicli 
 I ailude. I have every reason to e.xpect in a very short time a hir"-e 
 body of Indians from the north, whose operations will be directed against 
 this army. They are under the influence of tlie North and SouTIS-ive.st 
 Companies, and the interest of there companies depends on opening the 
 communication of the Detroit river this summer. It is the channel by 
 which they obtain their supplies, and there can be no doubt but every ef- 
 fort will be made against this army to open that communication, "it is 
 the opinion of theolticers and the most intelligent gentlemen fromMich- 
 ilimackinac, that the British can engage any numbers cf Indians they 
 may have occasion for, and that (including the E?}gagcsoi N. W. and .S. 
 W. Companies) two or three thousand will be brought to this place in 
 a very short time. Despatches have been sent to J\lalden and the mes- 
 sengers have returnerl with orders. With respect to the delay at Niagara, 
 the following consequences have followed : a Major Chambers of tlie 
 British army with 55 regulars and -1 pieces of biass artillery, has been 
 detached from Niagara, and by the last accounts had penetrated as far 
 as Delaware, about 120 miles from this place ; every effort was making 
 by this detachment to obtain reinforcements from the militia and lu- 
 Jians ; considerable numbers had joined ; and it was expected this ibrce 
 would consist of 6 or 700 : the object of this force is to operate against 
 this army. Two days ago all the Indians were sent from Maiden with 
 ;t small body of British troops to Brownstown and Maguagstet, and made 
 prisoners of the Wyandots at those places. There are strong reasons to 
 believe that it was by theii' own consent, notwithstanding the professions 
 they had made. Under all these circumstances you will perceive that 
 the situation of this army is critical. I am now preparing a work on this 
 bank, which may be defended by about 300 men. I l:ave consulted 
 with the principal officers and an attempt to storm the fort at !\lalden is 
 ;hought unadviseable without artillery to make a breach. The pickets 
 are 14 feet high, and defended by bastions on which arc mounted 21 pie- 
 ces of cannon. 
 
 I am preparing floating batteries to drive the Queen Charlotte from 
 ihe mouth of the River Canards, and land them below that river; and it 
 Is my intention to march down with the army, and as soon as a breach 
 fan be made, attempt the place by storm. Circumstances, however, 
 may render it necessary to rc-cross the river with the main body of the 
 army, to preserve the communication lor the purpose of obtaining sup- 
 plies from Ohio. I am constantiy obliged to make a strong detachment 
 10 convoy the provisions between the foot of the Rapids and Detroit. If 
 fiothing should be done at Niagara, and the force should come from the 
 north and the east, as is almost certain, you must be sensible of the dif- 
 iiculties which will attend ray situation. I cati promise nothing but my 
 lu:st and most faithful exertions to promote the honor of the army and 
 f he interest of my counlrv. I am, vcrv resnectiiiilv, <Sce. 
 
 (Signed.) ■ WILIJA.".! HULL 
 
 iTon. 'vV. Eii^ii?. 
 
[ 12 ) 
 
 Sandwich, U. C.29lkJiiIi,', 181£. 
 
 Sir — in my letter of this date to the secretary of war, I have request 
 ed a reinl'orcemeiit of 2000 men ; 1.^00 from the state of Kentucky, and 
 fiOO from the slate of Ohio. I hope, sir. you will consider yourself au- 
 thorized to call them into service, and order tiiera to the pkce of destina- 
 tion, before you receive particular instructions from the secretary of the 
 department of war. I have just received information that Michilimack-- 
 inac (situate 300 miles from here) has been taken by the British, aide<i 
 by about 1000 Indians. The operatio:3s of this army has been hitherto 
 successful, and it is of the greatest importance that the objects should be 
 effected. I refer you to Mr. Carneal for every information respecting 
 the situation of the army and the state of things. The men must be 
 armed ; we have no spare arms here. I have the honor, &c. 
 
 (Signed.) WILLIAM HULL. 
 
 Bri;?. General Comdg 
 His exrellency Gov. Scott. 
 Similar written to Gov. Meigs. 
 
 Detroit, 8th August, 1812. 
 
 Sir — I have received your letter of the 26th July. Under existing 
 circumstances I have, from private feelings, re-crossed the Detroit River 
 with the main body of the army, without making an attempt on the Bri- 
 tish fort at Maiden. My reasons were that I did not consider it could 
 be done consistent with my orders, viz. the safety of the posts in our 
 own country. Contrary to my expectations, the Wyandots have become 
 hostile, and the other nations connected with them are following their 
 example. Since the fall of Mackana the Indian force has been fast en- 
 creasing in this part of the country. From all the information, a large 
 Indian and Canadian force may be expected from Mackinack, and the 
 force irom Niagara, which I mentioned in my former letter, is advancing. 
 My communications with the state of Ohio, on which the supplies of this 
 army depended, is cut off, and having been defeated in an attempt to 
 open that communication, as appears by my letter of the 7th inst. I 
 considered it indispeusibly necessary to open that communication. Per- 
 haps the reduction of Maiden would have been the most effectual mode. 
 The bridges were broke down and the nature of the country was such 
 that the officers of the artillery gave it as their opinion that the heavy 
 pieces could not be brought before the work without much time and 
 great labour ; more time than would have been safe to have employed. 
 Time does not admit of a detail of all the difficulties which every hour 
 were encreasing, I have built a work nearly opposite Detroit, garrison- 
 ed by 230 infantry and 25 artillerists. In pursuance of my system, 
 Lieutenant Colonel Miller is now commencing his march with six hun- 
 dred of the best troops of the army to mfct Captain Brush frouj Ohio 
 with two hundred volunteers, escorting 300 head of cattle and a quauti 
 ty of flour on pack-horses. I am very respectfully, &e. 
 
 (Signed.) WILLIAM HULL. 
 
 The Hon. Win. Eustis, secretary of war. 
 
 GENERAL HULL'S OFFICIAL ACCOUNT OF THE SURREN- 
 DER OF DETROIT. 
 
 Montreal, September 8, 1812. 
 Sir — The enclosed despatch was prepared on my arrival at Fort 
 Gcorgo, and it was my intention to have forwarded it from that place by 
 
( 13 ) 
 
 !vIajor Witherell, of the Michigan volunteers. I made application to the 
 coniraauding ofBeer at that post, and was refused ; he statin?; that he was 
 not authorised, and General Brock was then at York. We were imme- 
 diately embarked for this place, and Major Witlierell obtaineti liberty at 
 Kingston to go home on parole. 
 
 This is the first opportunity I have had to forward the despatches. 
 
 The fourth United States regiment is destined for Quebec, with a pan 
 of the first. The whole consist of a little over 3U0. 
 
 Sir George Prevost, without any request on my part, has offered to 
 take my parole, and permit me to proceed to the states. 
 
 Lieut. Anderson, of the eighth regiment, is the bearer of my des- 
 patches. He was formerly a lieutenant in the artillery, and resigned his 
 commission on being appointed ftiarshal of the territory of 31iehigan. 
 During the campaign he has had a command in the artillery ; and 1 re- 
 commend him to you as a valuable office. 
 
 He is particularly acquainted with the state of things previous and at 
 the time when the capitulation took place. He will be able to give you 
 correct information on any points, about which yon jnay think proper to 
 enquire. I am, very respectfully, your most obedient servant, 
 
 WILUAM HL'LL. 
 Hon. \y. Eustis, sec'y of the dept. of war. 
 
 Fort George, Jugvst 26, 1812. 
 Sir — Enclosed are the articles of capitulation, by which the fort of 
 Detroit has been surrendered to Major General Brock, commanding his 
 Britannie majesty's forces in Upper Canada, and by which the troops 
 have become prisoners of war. My situation at present forbids me from 
 detailing the particular causes which have led to this unfortunate event. 
 I will, however, generally observe, that, after the surrender of Michilli- 
 mackinac, almost every tribe and nation of Indians, excepting a part of 
 the .Miamies and Delawares, north, from beyond Lake Superior, west, 
 from beyond the Mississippi, south from the Ohio and Wabash, and east 
 from every part of Upper Canada, and from all the intermediate country, 
 joined hi open hostility, under the British standard, against the army I 
 commanded, contrary to the most solemn assurances of a large portion 
 of them to remain neutral ; even the Ottawa Chiefs, from Arbecrotch, 
 who formed the delegation to Washington the last summer, in whose 
 liiendship I know you had great confidence, are among the hostile tribes, 
 and several of them distinguished leaders. Among the vast number ol" 
 chiefs who lead the hostile bands, Tecumsch, Marpot, Logan, Walk-in- 
 the-water. Split-log, &c. are considered the principals. Tliis numerous 
 assemblage of savages, under the entire influence and direction of the 
 British commander, enabled him totally to obstruct the only communi- 
 cation which I had with my country. This communication had been 
 opened from the settlements in the state of Ohio, two hundred miles 
 through a wilderness, by the fatigues of the army, which I marched 
 to the frontier on the River Detroit. The body of the lake being com- 
 manded by the British armed ships, and the shares and rivers by gun- 
 boats, the army was totally deprived of all communication by water. 
 On this extensive road it depended tor transportation of provisions, mil- 
 itary stores, medicine, clothing, and every other supply, on pack-horses 
 —all its operations were successful until its arrival at Detroit, and in a 
 few days it passed into the enemy's country, and all opposition seemed 
 to tall before it. One month it remained in possession of this country, 
 and was fed from its resources In different directions dctarl.'mn nt' p^^ne ■ 
 
( l-l J 
 
 trated 60 miles in Ihe scttlru part of tho province, and tlip inhabitants 
 seemed satisfied witli t!ie change ofsitnation which appeared to be taking, 
 place — the militia lioin AmiiersthiMj!; were daily deserting, and t!ie whole 
 eountry, then under the rontroiil ot" tke anny, was asking ibr protection. 
 I'he Indians generally, in the tii^t instance, a[>peared to be neutralized, 
 and deterrained to take no part in the contest. The ibrt ol' Andierstburg 
 n-as eighteen miles below my encampment. Not a single cannon w 
 mortar was on wheels suitable to carry belore that place. 1 consulted 
 my officers, whether it was expedient to make an attempt on it with the 
 bayonet alone, without cannon to make a breach in the fust instance. 
 The council I called was of the opinion it was not. The greatest indus- 
 Iry was exerted in making preparation, and it was not until the 7th of 
 August that two 24 pounders, and three liowitzers were [irepared. It 
 was then my intention to have,' rocceded on the enterprize. Wlule the 
 operations of the army were delayed by these |)reparations, the clouds 
 of adversity, had been for some time and seemed still thickly to be gath- 
 ering around me. The surrender of Miehillimackinac opened the north- 
 ern hive of Indians, and tiiey were swarming down in every direction. — 
 Reinforcements from Niagara had arrived at Amhersthurg under the 
 command of Colonel Proctor. Tlic desertion of t'le militia ceased. Be- 
 sides the reinforcements that came by water, I received information of a 
 very considerable force und(^r the command of Major (.'hambers, on the 
 iviver Le Treuch, with four held pieces, and collecting the militia on his 
 route, evidently destined for Amhersthurg ; and in addition lo this com- 
 bination, and increase of force, contrary to all. my expectations, the Wy- 
 andots, Chippcwas, Ottawas, Pottawatamies, Munsees, Delawares, k.i\ 
 ^vith whom 1 had the most friendly intercourse, at once passed over to 
 Amhersthurg, and accepted the tomahawk and scalping knife. There 
 being now a vast number of Indians at the British post, they were sent 
 to the River Huron, Brownstown and Maguago to intercept niy commu- 
 nication. To open this com.munication I detached Major Vanhorne of 
 fhe Ohio volunteers with 200 men to proceed as far as the liivcr Raisiu, 
 ander an expectation he would meet Captain Brush with ITA) men, vol- 
 unteers from the state of Ohio, and a quantity of provision for the army. 
 An ambuscade was formed at Brownstown, and xMajor v'anhornc's de- 
 tachment defeated, and returned to cainp without eiiecting t!ie object 
 u[' the expedition. 
 
 !n my letter of the 7th inst. you have the particulars of that transac- 
 tion, with a return of the killed and wounded. I'nder this sudden and 
 unexpected change of things, and l-.aving received aa express from Gen- 
 eral Hull, commanding opposite the British shore on the Niagara river, 
 by which it appeared there was no prospect of co-operation iVom that 
 quarter, and the two senior odicers of the artillery having stated to me 
 an opinion that it would be extremely dilficult, if not impossible, to jtass 
 The Turkey river and river Aux Canard, with the 21 pounders, and that 
 they could not be transported by water, a> the (-lueen Charlotte, which 
 earned 18 24 pounders, lay in the River Detroit above the mouth of the 
 liiver Aux Canard — and as it apj). ared indispensibly necessary to open 
 the comnMinication to the River Raisin, and t!ie Miami, I found myself 
 compelled to suRpeiid the operation against Amhersthurg, aiul concen- 
 trate the main force of the ai:;ny at Detroit. Fully intending, at that 
 time, after the communication was opened, to re-cross the river and 
 pursue the object at Amhersthurg, and strongly desirous of continuing 
 protection to a very large nun)ber of the inhahitants of Upper Canada, 
 ■,vho had vo'imtarily accepted it under my j)roclamation, I established a 
 
i 1^' ) 
 
 fortress on the banks of the rivor, a liltlc below Detroit, caicuiatetl for 
 a garrison of 300 men. On the evening of the 7th and morning of the 
 JJth inst. the army, excojjting the garrison of 2.10 infantry, and a corps of 
 artillerists, all nndcr the conunand of Major Denny of the Ohio volun- 
 teers, re-crosscd the river and encamped at Detroit. In pursuance of 
 the object of opening tiie eonimunication, on which I considered the ex- 
 istence of the army depending, a detachment of s!\ hundred men. under 
 tiie command of Lieutenant Colonel Alillcr was iiiimcdiateiy ordered. 
 For a particular account of the proceedings of this detachment and the 
 memorable l:att!e Avhicli was fougiit at IMaguago, which reflects the high- 
 est honour on the American arms. I refer you to my letter of the 13th 
 August inst. a dii[»licate of which is enclosed, marked G. Nothing how- 
 ever but honour was acquired by tliis victory — and it is a painful const- 
 ileration, that the blood of "iC} gallant men could only open the commu- 
 nication, as far as the points of their bayonets extended. The necessary 
 care of the sick and wounded, and a very severe storm of rain, rendered 
 their return to the camp indispensibly necessary for their own comfort. 
 Capt. J3rnsh, with his small detachment and the provisions, being still 
 at the River Raisin, and in a situation to be destroyed by the savages, 
 on the 13th inst. in the evening, I permitted Cols. iM'Arthar and C^'^s 
 to select from their regiment four hundred of their most etiective men, 
 and proceed an upper route through the woods, which 1 had sent an ex- 
 press to Capt. BrusJi to take, and had directed the militia of the river 
 Raisin to accompany him as a reinlbrccnjent. Tlie force of the ene- 
 my continually encreasing, and the necessity of opening the communica- 
 tion, and acting on tlie defensive, becnujing more ispparent, I had, pie- 
 vious to detaching Cols. M'Arthur and Cass, on the 11th hist, evacuated 
 and destroyed the fort on the oi)posite bank. On the 13th in the 
 evening, Genera! Brock arrived at Amherstburg, about the hour Colonel 
 M'Arthur, and Cass marched, of which at that time I had received no in* 
 formation. On the 15th 1 received asumnions from him to surrender ibrt 
 Uetroit, of which the })apcr marked A is a copy. My answer is mark- 
 ed B. At this time \ had received no information from Cols. .Yi'Ar- 
 ihur and Cass. An express was immetbiately sent strongly escorted 
 with orders for them to return. On the liltli, as soon as Gen. Brock 
 recciycd my letter, his batteries opened on the town and fort, a!id con- 
 tinued until evening. In the evening ail the British ships of war cams 
 nearly as far up the river as Sandwich, three miles below Detroit. At 
 day light on the 16th (at which time I had receivf'J no information 
 from Col's M'Arthur and Cass, my expresses sent the evening before and 
 iu the night, having been prevented from jiassing by numerous bodies of 
 iadians) the cannonade recommenced, and in a short time I received in- 
 formation, that the British army, and Indians, were landing below th(i 
 Spring weils, under the cover of theJr siiips uf war. At this time th^ 
 whole effective force at my disposal at Detroit did not exceed 800 men. 
 
 Being new troops, and unaccustomed to a camp life having perfoi- 
 
 raed a laborious march — having been engaged in a number of battles 
 and skirmishes, in which many had fallen, and mort; had received 
 wounds, in addition to which a large number being sick, and unprovirled 
 with medicine and the comforts necessary lor their situation — are the 
 'general causes by which the strength of the army was thus reduced. 
 The fort at this time was filled with women, children, and the old and 
 docrcpid people of the town and country — they were nnsafe in the town, 
 as it vt'as entirely open and expased to the enemy's battnics. Bark o( 
 Ihn fort, above or below it, there was no saf^'lv tor tliem on account qt 
 
( 16 ) 
 
 the ludi'ant. In the lirst instance, the enemj's <ire was principally di- 
 rected against our batteries — towards the close, it was directed against 
 the fort alone, and almost every shot and shell had their effect. 
 
 It now became necessary either to fight the enemy in the field; col- 
 lect the whole lorce in the fort; or propose terms of capitulation. I 
 could not have carried into the field more than six hundred men, and left 
 any adequate force in the fort. There were landed at that time of the 
 enemy a resrular force of much more than that number, and twice the 
 number of Indians. Considering this great inequality of force, I did 
 not think it expedient to adopt the first measure. The second must 
 have been attended with great sacrifice of blood, and no possible ad- 
 vantage, because the contest could not have been sustained more than 
 a day for the want of powder and but a very few days for the want of 
 provisions. In addition to this, Colonels M'Arthur and Cass would have 
 been in a most hazardous situation. I feared nothing Ijut Uie last alter- 
 native. I have dared to adopt it — I well know the high responsibility 
 of the measure, and I take the whole upon myself. It was dictated by 
 a sense of duty, and a full conviction of its expediency. The bands of 
 savages which had then joined the British force were numerous beyond 
 any formor example. Their numbers have since increased, and the his- 
 tory of the barbarians ot the north of Europe doss not furnish examples 
 of more greedy violence than these savages have exhibited. A large 
 portion of the brave and gallant officers and men I commanded would 
 oheerfijlly have contested until the last cartridge had been expended, 
 and the bayonets worn to the sockets. I could not consent to the use- 
 less sacrifice of such brave men, when I knew it was impossible for nic 
 to su^tahi my situation. It was impossible, in the nature of things, that 
 an army could have been furnished >vith the necessary supplies of pro- 
 vision, military stores, clothing and the coinibrts for the sick, on pack 
 horses, through a wilderness of two hundred rniles, filled with hostile 
 savages. It was impossible, sir, that this little army, worn down by fa- 
 tigue, by sickness, by wounds, and deaths, could have supported itself 
 i>ot only against the collected force of all the northern nations of In- 
 dians ; but against the united strength of Upper Canada, whose popu- 
 lation consists of more than twenty times that number contained in the 
 territory of Michigan, aided by the principal part of the regular forcei» 
 of the province, and the wealth and influence of the north west and 
 other trading establishments among the Indians, who have in their em 
 j)!oyinent and under their entire controni more than two tliousand white 
 men. lieforc I dose this dispatch it is a duty I owe my respectable 
 associates in command, Colonels M'Arthur, Fiudley, Cass, and Lieuten- 
 ant Colonel Miller, to express my obligations to them for the prompt 
 and judicious manner they have performed then respective duties. If 
 aught has taken place during the campaign, which is honourable to the 
 army, these officers are entitled to a large share of it. If the last act 
 .should Ih^ disapproved, no part of the censure belongs to them. 1 have 
 likewise to express my obligation to General Taylor, who has performed 
 Mic duty of quarter-master-general, for his great exertions in procuring 
 every tiling in Iiis departmt!nt which it was possible to furnish for th» 
 eonv'ewienci' d' the army ; likewise to Brigade Major Jessup, for the 
 correct and punctual manner in which he has discharged his duty ; and 
 to the army genr-rally for their exertion and the zeal they have mani 
 Jested for the public interest. The death of Dr. Foster soon after he 
 arrived at Detroit, was a severe niistbrtunc to the array ; it was increas- 
 <-A by tin; capture of t!i'^ Chethaga packet, by which the medicine ar.o 
 
( 17 ) 
 
 hospital stores were lost. He was commencing the best arrangements 
 in the department oi" which he was the principal, with the very small 
 means he possessed. I was likewise deprived of the necessary services 
 tti" Captain Partridge by sickness, the only officer of the <;orps of engi- 
 neers attaclied to tlic array. All the officers and men have gone to 
 their respective homes, excepting the 4th United States regiment, and 
 a small part of the first, and Captain Dyson's company of artillery. 
 Captain Dyson's company was left at Amfterstburg, and the others are 
 with me prisoners — they amount to about tiiree hundred and forty. I 
 have only to solicit an investigation of my conduct, as early as my sitn- 
 ation, and the state of things will admit ; and to add tlie further re- 
 quest, that the government will not be unmindful of my associates in 
 captivity, and of the families of those brave men who have fallen iu the 
 contest. 
 
 I have the honour to be, very respectfully, your most obedient ser- 
 vant. 
 
 W, HULL. 
 Brigadier general commanduig the north-western 
 army of the United States. 
 
 Hon. W. Eustis, secretary of the department of war. 
 
 BY WILLIAM HULL, 
 
 Brigadier General and Commander of the Norlh-Jf'estern Army of th^ 
 United States. 
 
 A PROCLAMATION. 
 
 Inhabitants of Canada ! 
 
 After thirty years of peace and prosperity, the United States 
 have been driven to arms. The injuries and aggressions, the iniiults 
 jind indignities of Great Britain have once more left them no alterna- 
 tive but manly resistance or unconditional submission. The army under 
 my command, has invaded your country ; the standard of the Union now 
 ivaves over the territory of Canada. To the peaceable nnofi'ending in- 
 habitant, it brings neither danger nor difficulty. I come to find enemies, 
 not to make them I come to protect, not to injure you. 
 
 Separated by an immense ocean and an extensive wilderness from Great 
 Britain, you have no participation in her councils nol interest in her con- 
 duct. You have felt her tyranny, yon have seen her injustice. But I 
 do not ask you to avenge the one or redress the other. The United 
 States are sufficiently powerful to afford every security, consistent with 
 their rights and your expectations. I tender you the invaluable blessing 
 of civil, political and religious liberty, and their necessary result, indi- 
 vidual and general prosperity : that liberty which gave decision to our 
 coimcils, and energy to our conduct in a struggle lor independence, 
 which conducted us safely and triumphantly through the stormy period 
 of the revolution — the liberty which raised us to an elevated rank among 
 the nations of the world : and which atlbrdcd us a greater measure of 
 peace and security, of wealth and improvement, than ever fell to the lot 
 of any people. In the name of my country, and the authority of goveru- 
 ment, I promise yon protection to your personif, properly and rights : 
 remain at your homes ; pursue your peaceful and customaiy avocations , , 
 raise not your hands against your brethren. Many of your fathers fought 
 for the freedom and independence we now enjoy. Being children 
 therefore of the same familv with us. and hf'ir« to the same heritag'?, 
 
 C* 
 
( 18 ) 
 
 the arrival of an aini}- oi friends innst be hailed by yon witli a tordi&J 
 xvelcome. You will be emancipated from tyranny and oppression, and 
 restored to the digniiied station of freemen. Had I any doubt of event- 
 ual success, I might ask your assistance, but I do not. I come prepared 
 for every contingency — I have a force >vhicli will break down all opposi- 
 tion, and that force is but the van guard of a much greater — If, contrary 
 to your own interest and the just expectations of niy country, you should 
 take a p9.rt in the approaching contest, you will be treated and consider- 
 ed as enemies, and the horrors and calamities of war v^ili stalk before 
 you. If the barbarous and savage policy of Great Britain be pursued, 
 and the sava;5es let loose to murder our citizens and butcher our women 
 and children, thus war wilt, be a war of k.xt£r.mination. The first 
 stroke of the tomahawk — the first attempt with the scalping knife, will 
 be the signal of one indiscriminate scene of desolation. No white man 
 found fighting by the side of an Indian will be taken prisoner — instant 
 death will be his lot. If the dictates of reason, duty, justice and hu- 
 manity cannoi prevent the employment of a lorce whicli respects no 
 rights, and kr.Qws no w roug, it will bo prevented by a severe and relent- 
 less system of retaliation. I doubt not your courage and firmness — I 
 will not doubt your atti^chmeut to liberty. If you tender yqur services 
 volnntarily, they will be accepted readily. The United States offer you 
 peace, liberty and security. Your choice lies between these and war, 
 slavery and destruction — Choo.^e then ; but choose wisely and may he 
 who knowG the justice of our cause, and who holds in his hand the fate 
 of nations, guide you to the result the most compatible with your rights 
 nud interests, your peace and happiness. 
 By the General, 
 
 A. P. HULL. 
 Captain of the \2lh Unileil Slates reghncnt nf Infantry and A id- de-Camp. 
 Heai-quarlcrs, Sandwich,, July 12, 1812. 
 
 WILLIAM HULL. 
 
 Camp, Spring Hill, 3 railcs below Detroit, July G, 1812. 
 Sir, 
 
 Since the arrival of my army, at this encampment (5 o'clock P. M. 
 yesterday) I have been informed that a number of discharges of artille- 
 ry and of small arms have been made by the militia of the territory 
 from this sliore, into Sandwich : I regret to have received such infor- 
 mation : the proceeding was unauthorized by me. I am not disposed 
 to make war against private projjerty, or to authorize a wanton attack 
 upon unoffending individuals. 
 
 I would be happy to learn whether yoii consider private property a 
 proper subject of seizure and detention ; I allude to the baggage of 
 pfficers in particular. 
 
 The bearer of this is Colonel C^ss, an officer commanding one of my 
 ^"egimcnts ; ho is accompanied by Captain Hickman. Ho is in posses- 
 sion of my views on the subject of an exchange of prisoiTcrs, and is au- 
 thorized to enter into astipulation for that purpose. 
 
 (Signed.) Wm. HULL, 
 
 Brig. Gen. U. S. Army, 
 Col. St. George, or the officer commanding Fort Maiden. 
 
i 19 ) 
 
 Jmkcrstburg, July 6, 1812, 
 
 1 am honoured with yotir letter bflliis days date; 1 perfectly coin- 
 tide with you in opinion respecting private property, and any wantoii 
 attack upon unoffending individuals, and am happy to find, what I was 
 certain would be the case, that the aggression in question was unau- 
 thorized by you. 
 
 In respect to the property of officers hot oh board a vessel at the 
 time of capture, I miist be judged by the custom of war ill like cases, in 
 Justice to the captors, and shall always be ready to meet your wishes 
 respecting an exchange of prisoners wlien I receive orders on that sub- 
 ject from my government. 
 
 I have the honour, &c. 
 (Signed.) J. B. St. GEORGE. 
 
 Lieut. Col. commanding at Araherstberg. 
 Brig. Gen. Hull. 
 
 Detroit, July 11th, 1812. 
 Dear Sir, 
 
 The army arrived here on the 5th inst. I have now only time to 
 state to you that we are very deficient in provisions, and I have autho- 
 rized Mr. Pratt to furnish a supply for two months. 
 
 The communication must be preserved by your militia, or this arniy 
 will perish for the want of provisions. We have the fullest confidencb, 
 you will do all in your power to prevent so distressing a calamity as the 
 M'ant of provisions to this patriotic army. 
 I am, &c. 
 (Signed.) Wm. HULL, 
 
 Brig. Gen. commanding. 
 Governor Meigs. 
 
 GENERAL ORDERS. 
 
 Detroit, August 4, 1812. 
 If Major Van Hornc should deem a larger force necessary to guard 
 the provisions from river Raisin to Detroit, than the detachment under 
 his command, he is authorized to order Captain Lacrnix and fifty of his 
 company to join him, and march on the whole or part of the way to De- 
 troit. It must, however, be so arranged that his march back will be 
 safe, if the company does not proceed the whole distance. 
 
 (Signed.) Wm. HULL- 
 
 Brig. Geo. Commanding. 
 
 River Raisin, August 4, 1812; 
 
 Brigadier General Hull. 
 Mono. Sir, 
 
 According to your order of the 10th July, I have this day called iiltd 
 actual service all the 2d regiment, except Captain D. Hull's company, 
 at the Miami. It appears that we are invaded on all sides; a number 
 of our citizens has been taken prisoners or killed between the river Hu- 
 ron and Swamp Creek, and they have been at Sandy Creek up the 
 settlement, and skulkiug about. I now wish to know if I will call Cap- 
 tain Hull's company into service, and how I will organize the regiment, 
 :nid v.'hether I will take the command as my present rank — if Cajitain 
 l-gcroi.T will be under o?v command or not. I ara fearfjjl this settle- 
 
{ 2() ) 
 
 ment will be all cut ofl', since the Wyandots hare gone over ; bat I aa> 
 fleteruiined to give them a brushini^ if they come here. I send Mr. 
 Wni. Knaggs express to wait your answer; I refer you to him for further 
 news. AVisiiing to hear what news the mail would give us, I thought 
 proper to detain Mr. Knaggs until its arrival ; but Hading it did not 
 arrive by nine o'clock this night (the wth) 1 have closed my letter. 
 
 I am doubtful if the mail is not taken, but I hope not ; I do all in my 
 power to keep up the spirits of the inha!;itants, which is all hut exhaust- 
 ed. There is 40 men on guard and patrole at this place, and ton at the 
 other creek, and will continue the same until further orders. We are 
 short of ammunition if attacked, please to keep a little for us if possible, 
 I wish to know how many mea will entitle a captain to command. I 
 understand, by good authority, that numbers of Indians is passing on 
 the heads of this river and river Huron, on their way to Malden; and, 
 I think, that if some plan is not taken soon, that they will be hi thou- 
 sands at that place before long ; but we must not despair in the good- 
 ness of providence. I wish you to send 3Ir. Knaggs out as soon as possi- 
 ble to let us know the news, &c. Wishing you prosperity, and that 
 soon. 
 
 I am your most obedient and humble servant, 
 
 JOHN ANDERSON. 
 
 P. S. In behalf of the inhabitants, I request you will not order awa} 
 any of the people from this place, lor we are too few for its defence ; 
 if it was possible, to be succored would be best. 
 
 (Signed.) J. A. 
 
 Fort fVaiiam, My Wlh, 1812. 
 
 Duncan 3Iackixtosh, Esq. 
 
 Dear Sir — f can just command as much time as to drop yon a few 
 lines, merely to acquaint you that we are not ignorant of the impolitic 
 steps taken by the government of the iJniled States of America. The 
 declaration of war reached us on the 16th instant; but we were neither 
 astonished nor alarmed ; our agents ordered a general muster which 
 amounted to 1,209, cxchisive of several hundred of the natives; we 
 arc now equal in all to 1,600 or 1,700 strong. One of our gentlemet* 
 started on the 17th with several light cannons for the interior country 
 to rouse the natives to activity, M'hich is not hard to do on the present 
 occasion. We likewise dispatched messengers in all directions with the 
 news. I have not the least doubt but our forces will amount, in ten days 
 hence, to at least 5,000 effective men. It is not our intention to for- 
 ward our packs bcibre the latter end of .September or the beginning ot 
 October. It hapi)ens very fortunately that we are well supplied with 
 warlike stores, and I assure you that th.e Americans will not intercept 
 our pioperty without meeting with a warm reception. We are at i)re- 
 sent very busy in fortifying this place; however, the property that 
 will remain here will be of little importance, as our most valuaiilo 
 property goes into the interior. Our young gentlemen and engagers 
 offered, most handsomely, to march immediately for Michillimackinac ; 
 our chief, Mr. Shaw, expressed his gratitude, and drafted 100. They 
 are to sail this evening, and to proceed for St. Joseph. He take,s as many 
 Indians : could the vessel contain them, he might have ha.d 4,000 more- 
 It now depends entirely on what accounts we receive from the govern- 
 ment, whether the numerous tribes from the interior will proceed to 
 St. Joseph or not — so much fur politics. V»'e iinderstand that Captaiu 
 
( 21 ) 
 
 Barbaiick (ieclareu hiraself an American; tJiis is no (lisaijpolnlmciit h7 
 us, as »ve have another to take tlie comniand. Vr'e (lepend i/iucJi npon 
 your brother. The last supply from yourqtiarter arrived in sullioiont 
 time to meet our outfits. I will not enter into the general Ijiisincss, as 
 the agents address your lather on that head. We arc a lit tio apprehen- 
 sive that the yankees have got hold of our tobacco from Ailiany. I 
 must conclude in great hiiste, as the vessel 1=; going to weigii anchor. 
 1 remain, ^^e. 
 (Signed.) K. 3fACKKNZIE. 
 
 Ejtructnf a Utter from Lieut. Hanki, deceased, laic commandant of Mick- 
 illiinackhiac, to General IMl, dated ''Detroit, MhAvgvst, 1812. 
 
 Sir — I take the eailiest opportunity to arquaini your excellence of tJie 
 surrender of Michillimackinac, under my connnand to \\\>. Britannic majcs- 
 <y's forces under the command of Captain Charles Roberts, on the 17th 
 ult. — the particulars of which are as ibilows : — On the 16th, I was in- 
 formed by the Indian interpreter, that he had discovered fiom an In- 
 dian that the several nations of Indians tlien at St. Joseph, (a Gritish 
 garrison, distance forty-five miles) intended to make an immediate attack 
 on Michillimackinac. I was inclined, from the coolness 1 had discovered 
 in some of the principal chiefs of the Ottawa and Chippawa nations, who 
 had but a few days before professed the greatest frieudship for the Uni- 
 ted States, to place confidence in tliis report. I immediately called a 
 meeting of the American gontlemenat that time on the island, in which 
 it was thought proper to dispatch a confidential person to St. Joseph to 
 watch the aiotions of the Indians. Capt. Daurman.of the militia was 
 thought the most suitable for this service. He cnd;arked about sunset 
 and met the British forces within ten or fifteen miles of the island, by 
 whom he was made prisoner and put on his parole of honor. He wa<; 
 landed on the island at day-break, with positive directions to give me 
 no intelligence whatever. He was also instructed to take the inhabi- 
 tants of the village indiscriminately to a place on the west side of the isl- 
 and, where their persons and property should be protected by a British 
 guard ; but should they go to the fort, they would be subject to a gene- 
 ral massacre by the savages, which would be inevitable if ihe garrison 
 fired a gun. This information I received from Doctor Day, who was pass- 
 ing through the village when every person was flying for refuge to the 
 enemy. Immediately on being informed of the approach of ths; enemy, 
 I placed ammunition, <fcc. in the block-houses; ordered every gun char- 
 ged, and made every preparation for action. About 9 o'clock I could 
 discover that the enemy were in possession of the heights that command- 
 ed the fort, and one piece of their artillery directed to the most defence- 
 less part of the garrison. The Indians at this time were to be «ecn in 
 great numbers in the edge of the woods. At half past 11 o'clock, the 
 enemy sent in a flag of truce, demanding a surrender of the fort and Isl- 
 and to his Britannic Majesty's forces. This, Sir, was the first informa- 
 tion I had of the declaration of war; I. however, had anticipated ii 
 and was as well prepared to meet sucli an event as I possibly could have 
 been with the force under my command, amounting to fifty-seven ellc'c- 
 tive men, including officers. Three American gentlemen, who were pri 
 souers, were permitted to accompany the ilag : from them f ascertain- 
 ed the strength of the enemy to be from nine hu'idred to one Ibousaiid 
 strong, consisting of regular troops, CanadLins and savages, that lb. •• 
 had two pieces of artillery and were provided with ladders and ro-x- 
 lor the purppse of scealing the works if necessary. After I had ob<;! .?,-.? 
 
{ 2^ ) 
 
 tiiis iiiforuiation, 1 consulted my oflRcers and also tiie American gehtleiiit<« 
 present, who were very intelligent men ; the result of which was, that it 
 was impossible for the garrison to hold out against such a superior force. 
 In this opinion I fully concurred, from a conviction that it was the only 
 measure that could prevent a general massacre. The fort and garrison 
 were accordingly surrcJidered. 
 
 " The enclosed papers exhibit copies of the correspondence between 
 the officer commanding the British forces and myself, and of the arti- 
 cles of capitulation. This subject involved questions of a peculiar na- 
 ture ; and I hope, .Sir, that my demands and protests will meet tJie ap- 
 probation of my government. I cannot allow this opportunity to escape 
 without expressing my obligations to pr. Day lor the service he render- 
 ed me in conducting this correspondence. 
 
 " In consequence of this unfortunate affair, I beg leave. Sir, to demand 
 that a court of enquiiy may be ordered to investigate all the facts 
 connected with it ; and I do further request, that the court may be 
 speedily directed to evpress their opinion on the merits of the case. 
 I have the honour to be, <Sic. 
 
 P. HANKS. 
 Lieutenant of Artillery. 
 His Excellency Gen. Hull, 
 
 Commanding the N. W. Army." 
 
 "P. S. The following particulars relative to the British force were 
 obtained after the capitulation, from a source that admits of no doubt . 
 Regular troops 46 (Including 4 officers ;) Canadian militia 260 — Total 
 306. 
 
 SAVAGES — Sioux 56 ; Winnebagoes 48 ; Tallesawain 39 ; Chippawas 
 and Ottawas .'572— savages 715, whites 306— Total 1021. 
 
 " It may also be remarked, that one hundred and fifty Chippewas and 
 Ottawasjoided the British, two days after the capitulation. '^P. H." 
 
 " Heights above Michillimackinae 
 " 17th July, 1812. 
 " CAPITULATION 
 " Agreed upon between Captain Charles Roberts, commanding his Brl- 
 taniyc Majesty's forces, on the one part, and Lieut. Porter Hanks, con;- 
 nianding the forces of the United States, on the other part. 
 
 "1st. The Fort of 31ichillimackinac shall immediately be surrendered 
 to the British forces. 
 
 " 2d. The garrison shall march out with the honours of war, lay dowa 
 their arms, aud become prisoners ; and shall be sent to the U. States of 
 America by his Britannic Majesty, not to serve this war until regularly 
 exchanged : and for the due performance of this article, the officer.- 
 ^edge their word and honour. 
 
 " 3d. All the merchant vessels in the harbour, with their cargoe?, 
 &ball be in possession of their respective owners. 
 
 " 4th. Private property shall be held sacred as far as it is in my power. 
 " f)tU. All the citizens of the U. States', who shall not take the oath 
 of allegiance to his Britannic Majesty, shall depart with their property 
 iVom the island in one month from the date hereof. 
 
 (Signed) CHARLES ROBERTS, 
 
 Captain commanding his Britannt<' 
 Majestv's forces. 
 P. HANKS, 
 Lieutenant commanding the United 
 States' troops." 
 
( 23 ) 
 
 *' Supplement to the articles of capitulation signed on the 7th July. 
 •♦'The Captains and crews of the vessels Erie, and Freogoodwill, shall 
 ibe inrliuled under the second article, not to serve until regularly ei- 
 j'iiangcd, for which the officers shall pledge their word of honour. 
 *' I'ort Michilimackinac, 
 "23d July, 1812. 
 
 CHARLES ROBERTS, 
 
 Captai^i commanding the forces of his 
 Britannic majesty. 
 
 GRANTED, P. HANKS. 
 
 Lieutenant commanding the United 
 States' troops. 
 Jfead-Quarters Sarulwich, jivgust l/j, 1812. 
 Sir — The force at my disposal, authorises me to require of you the 
 immediate surrender of Fort Detroit. It is far from my inclination to 
 join in a war of extermination, but you must be aware, that the numer- 
 ous body of Indians, ^vho have attached themselves to my troops, will 
 be beyond my controul the moment the contest commences. You will 
 find me disposed to enter into such conditions as will satisfy the most 
 scrupulous sense of honour. Lieut. Cplonel IVI'Donnell and Major Glcgg 
 are fully authorised to conclude any arrangement that inay lead to pre- 
 vent the inniecessary etfusion of blood. 1 have the honour to be, Sir, 
 your most obedient servant, 
 
 (Signed) ISAAC BROCK, Maj. Gen. 
 
 His Excellency Bri»;. Gen- Hull, 
 Commanding at Fort Detroit. 
 
 Jfcad-Qvarlcrs Detroit, Avgtist 15, 1812. 
 Sir — I have no other reply^to make, than to inforu) you, that I am pre- 
 pared to meet any force which may be at your disposal, and any conse- 
 quences which may result from any exertion of it you may think proper 
 to make. 
 
 I avail myself of this opportunity tp inform you that the flag of truce, 
 onderthe directiop of Captain Brown, proceeded contrary to the orders 
 and without the knowledge of Col. Cass, who commanded the troops 
 which attacked your picket, near the River Canard Bridge. 
 
 I likewise take this occasion to inform you that Cowie's house was set 
 oti fire contrary to my orders, and it did not take place until after the 
 evacuation of the Fort. From the best information I have been able to 
 form on the subject, it was set on fire by some of the hihabitants on the 
 other side of the riyer. I am, very respectfully, your excellency's most 
 obedient servant. 
 
 (Signed) W. HULL, Brig. Gen. 
 
 Commanding the N. W. Army of the L^ S. 
 His excellency Maj. Gen. Brock, commanding his Britannic 
 Majesty's forces. Sandwich, Upper Canada. 
 
 (copy) 
 GENERAL ORDERS. 
 
 Head-Quarters, at Detroit, 16/A. August, 1812. 
 
 it is with pain and anxiety that Brigadier General Hull announces to 
 the northwestern army, that he has been compelled from a sense of du- 
 ty to agree to the following articles of capitulation. 
 
( 21 ) 
 
 Camp Detroit, August 16, ^'^2. 
 
 Capitulatioa of surrendering Fort Detroit, entered into between Ma« 
 \ov Gonfral Brock, cnmiTianding; hh Britainiic Majesty's forces of the one 
 part, and Bri2;adier Genrral Hull, commanding the north western army 
 ol' the United States of the other part — 
 
 Aiiiiic 1st. Fort Detroit, with all the troops, regulars as well as mi- 
 litia, will 1)0 immediately surrendered to the British forces under the 
 command ofiNIajor Genera! Brock, and will be considered piisoners of 
 war, with the exception of such of the militia of the Michigan territory 
 as have not joined the army. 
 
 Article 2d. All public stores, arms and public documents, including 
 every thing also of a public nature, will be immediately given up. 
 
 Article 3d. Private property and private persons of every description 
 will be respected. 
 
 Article 4ih. His excellency, Brigadier General Hull, having express- 
 ed a desire that a detachment from the state of Ohio on its way to join 
 his army, as well as one sent from fort Detroit under the command of 
 Colonel M'Arthnr, should be included in the above stipulation, it is ac- 
 cordingly agreed to. It is Jiowever to be understood that such parts of 
 the Ohio militia as have not joined the army, will be permitted to return 
 home on condition that they will not serve during the Avai" — their arms, 
 however, will be delivered up, if belonging to the pnblic. 
 
 Article ^ th. The garrison will march out at the hour of 12 o'clock thi^: 
 day, and the British forces take immediate possession of the fort. 
 
 J. M'DOWEL, Lt. Col. Militia B. A. D. C 
 J. B. GREGG. Major A. D. C. 
 Appr.ovED. WILLIAM HULL, Brig. Gen. 
 
 Commanding the N. W. armv. 
 JAMES MILLER, Lt. Col. 
 
 .'ith U. S. Infantry. 
 E. BRUSH, Col. 1st. Reg. 
 Michigan Militia. 
 AprT.ovEo. ISAAC BROCK, Maj. Gen 
 
 The army at 12 o'clock this day will march out of the east gate, where 
 they will stack their arms and will be then subject to the articles 'of 
 capitulation. 
 
 1VM.HI]LL, Brig. Gen. 
 
 Commanding N. W. Array. 
 
 [Capitulation herewith published.'] 
 4n article supplementary to the articles of capitulation concluded at 
 Detroit, 10th August, 1812. It is agreed that the officers and soldiers of 
 the Ohio militia and volunteers shall be permitted to proceed to their re- 
 spective homes, on this condition, that they are not to serve during the 
 uresent war, unless they are exchanged. 
 
 (Signed) W. Hull. Brig. Gen. 
 
 Commanding N. W. Army U. S. 
 ISAAC BROCK, Maj. Gen. 
 
 An article in addition to the supplementary article of the capitulation, 
 concluded at Detroit, IGth August, 1812. 
 
 It is further agreed that the officers and soldiers of the 3Iic.higai\ mi- 
 'itia and volunteers, under the command of Major Wetherell, shall b*; 
 
( 25 ) 
 
 placed on the same piiuciples as the Ohio vohmteers and militia are pl?f* 
 red bv the supplemcutarv article of the 16th instant. 
 
 (:?igued) ■ W. HULL. Bri-. Gen. 
 
 Commanding N. AV. army U. S. 
 ISAAC BROCK, .Mai. Gen. 
 
 LETTER OF COLOx\EL CASS. 
 
 CXfthe Army lute under the command of Brif^adkr General H'lUlaui Hub. 
 to the Secreterjj qf ff'ar. If'ashington, Septejnber 10, 1812. 
 
 Sir — Having been ordered on to this place by Col. M' Arthur, for the 
 purpose of communicating to the government, such particulars respect- 
 ing the expedition lately commanded by Brigadier Genera! Hull, alid itv 
 disasterous result, as might enahle them correctly to appreciate the con- 
 duct of the officers and men, and to develope the causes vvhich produ- 
 ced so foul a stain upon tlie national character, I have tlie honour to sub- 
 mit to your coiisideratiou the following Statement: 
 
 When the ibrces landed in Canada, they landed with an ardent zeal 
 and stimulated with the hope of conquest. jVo enemy appeared within 
 view of us, and had an immediate vigorous attack been made upon Mai- 
 den, it would doubtless have fallen an easy victory. I know Gen. Hull 
 afterwards declared he regretted this attack had not been made, aufl 
 he had every reason to believe success would have crowned iiis ef- 
 forts. The reason given for delaying our operations, was to mount our 
 heavy camion and afford the Canadian militia time and opportunity to 
 quit an obnoxious service. — In the course of two vreeks, the number of 
 their militia who were embodied had decreased by desertion from six hun- 
 dred to one hundred men — and, in the course of three weeks, thd can- 
 non were mounted, the ajnnumition fixed, and every preparation made 
 for an immediate investment of the fort. At a council, at which were 
 present all the field officers, and which was heid two days before our 
 preparations were completed, it was unanimously agreed to make an 
 immediate attempt to accomplish the object of the expedition. If by 
 tvaiting two days we could have the service of our heavy artillcr)-, i' 
 v.as agreed to wait — if not, it was determined to go without it and to 
 .attempt the place by storm. This opinion appeared to correspond with 
 the views of the General, and the day was appointed for commencing 
 our march. He declared to me, tliat he considered himself pledged to 
 lead the army to Maiden. The ammunition was placed in the waggons 
 — the cannon were embarked on board the floating batteries and every 
 requisite article was prepared — The spirit and zeal, the ardour and ani- 
 jnation displayed by the officers and men, on learning the near accom- 
 plishment of tlieir wishes, was a sure and sacred pledge that in the 
 hour of trial they would not be wanting- in their duty to their country 
 and themselves. But a change of measures, in opposition to the wishes 
 and opinions of all the officers, was adopted by the General. The plan 
 of attacking Maiden was abandoned, and instead of acting ofi'ensively, 
 we broke up our camp, evacuated Canada, and re-cro^sed the river In 
 the night, without even the shadow of an enemy to injure us. We lefi 
 to the tender mercy of the enemy the miserable Canadians who had 
 joined us, and the Protection we afforded them was but a passport tw 
 vengeance. This fatal and unaccountable step dispirited the troops, and 
 destroyed the little confidence which a scries of timid, irresolutp auJ 
 mdecisive measures had left in the comma wdinj officer 
 
( 26 ) 
 
 Abcut the 10th of Au^just, tlie enemy received a reinfoi'oement of 
 four Imiidred mtn. On tlie 12th, the coininaudiug officers of three of 
 tlie re<;iinents (tlie fourtli was absent) were informed through a me- 
 dium which admitted of no doubt, that the general iiad stated, that a 
 capitulation would be necessary. They on the same day addressed to 
 Gov. Meigs of Ohio a lettei", of which the following is an extract : 
 
 " Believe all the bearer will tell you. — Believe it, however it may 
 
 astonish you. as njuch as if told you by one of us. Even a c is 
 
 talked of by the The bearer will fill the vacancy." 
 
 The doubtlu! fate of this letter rendered it necessary to use circum- 
 spection in its details, and theretbre these blanks were lelt. The word 
 " capitulation" will fill the first, and " coiiunanding general*' the other. 
 As no enemy was near us, and as the superiority of our force was mani- 
 fest, we could see no necessity for capitulating, nor any propriety in 
 alluding to it. We therefore determined in the last resort to incur the 
 responsibility of divcstiiig the general of his command. This plan was 
 eventually prevented by two of the commanding officers of regiincnts be- 
 ing ordered upon detachments. 
 
 On the 13th, the British took a position opposite to Detroit, and began 
 to throw up works. During that and the two following days, they .;.ur- 
 siied their object without interruption and established a battery for two 
 !8 pounders and an 8-itich howitzer — About sunset on the evening of the 
 14th, a detachment of 35i) men from the regiments commanded by Col. 
 M'Arthur and myself, was ordered to march to the livcr Raisin, to es- 
 cort the provisions, wluch had some time remained tliere protected by 
 a party under the command of Capt. Brush. 
 
 On Saturday, the 15th about one o'clock, a flag of truce arrived from 
 5>andwich, bearing a summons from Gen. Brock, for the surrenuer of the 
 town and fort of Detroit, stating, he could no longer restrain the f.i'y of 
 the savages. To this an immediate and spirited refusal wa- returned. 
 Alwut four o'clock, their batteries began to play upon th? tow!.'. 'Vbe 
 fire was returned and continued without interruption and with little eflect 
 till dark. Their shells were thrown till eleven o'ciock. 
 
 At day light, the firing on both sides re-commonced — about the K.'\rRvi 
 time the enemy began to land troops, at the springwoHs, tlsrc^ nn. ■; 
 below Detroit, protected by two of their armed vessels — Between (^ and 7 
 o'clock, they had effected their landing and immediately took ujj their 
 Jme of inarcfi — They moved in aclose column of platoons, twelve in ftxint 
 upon the bank of the river. 
 
 The fourth regiment was stationed in the fort — the Ohio volunteers 
 and a part of the Michigan miiitia. beliiud some pirkct.s, in a situation 
 in which the whole flank of the enemy wouh! have been exposed. The 
 residue of the Michigan militia ucre in the upper part of tiie town to re- 
 sist the iJicm-sions of the savages. Two 2l-poMnd(r!< loaded with giapc- 
 sliot ware posted upon a commanding eminence, ready to sweep the 
 advancing cohunn. In tliis situation, the superiority of our positiorj 
 was apparent, and our troops in the eager expectation of victory, await- 
 ed the appreac!) of the <;nemy — Not a sigh of discontent broke upon the 
 ear; not a look of cowardice met thi". eye. Every man expected a. 
 proud day for his country, and each was anxious that liis individual ex- 
 ertion should contribute to tho geiMral result. 
 
 When the head of their coinuui ar.ived within .ibout five hundred 
 yards of our line, orders were receiver! fiom (lencra! Hull far the whole 
 to retreat to the Fort, and the twcniy-fonr >>ounders not to open uj>ou 
 the ♦''.lemy. Oua nnivcrt-al burst of !Qdiu;in.ti(>?i wrvs ap^-arent upou the 
 
( 27 } 
 
 receipt of this order. Those \siiose conviction was tlic deliberate re- 
 S!ih of a diipai' ,onate exiiraination of passing evfiits, saw the foliv 
 and iinprcprw ly of crowding 1100 men into a little work which 300 
 could fully ;iian, and into which the shot and shells of the enemy were 
 falling. Ti 3 Fort was in this manner fdled : the men wore directed 
 to stack their arras, and scarcely was an opportunity afforded of mov- 
 ing — Shortly after a white flag was hung out upon the walls. A 
 British officr'r rode up to enquire the cause. A communication passed 
 between tiie commanding generals, which ended in the capitulatioa 
 submitted to you. In entering into this capitulation the general took 
 counsel irom his own feelings only. Not an officer was consulted. Not 
 one anticipated a surrender, till he saw the white flag displayed, even 
 the women were indignant at so shameful a degradation of the Ameri- 
 can character ; and all felt as they should have felt, but he who held 
 in his hands the reigns of authority. 
 
 Our morning report had that morning made our effective men pre- 
 sent fit for duty lOGO, without including the detachment before allu- 
 ded to. and without including 300 of the Michigan raiiitia on duty. A- 
 bout dark on Saturday evening the detachment sent to escort the pro- 
 visions received orders from Gen. Hull to return with as much expe- 
 dition as possible. About 10 o'clock the next day they arrived within 
 sight of Detroit. Had a firing been heard or any resistance visible, 
 thej would have advanced and attacked the rear of the enemy. The 
 situation, in which this detachment was placed, although the result oi' 
 accident, was the best for annoying the enemy and cutting off his re- 
 treat that could have been selected. Wiih his raw troops enclosed be- 
 tween two fires and no hopes of succour, it is hazarding little to say, 
 that very few would have escaped. 
 
 I have been informed by Col. Findley, who raw the return of their 
 quarter-raaster-gcneral the day after the surrender, that their whole 
 force of every description, white red and black, was 1030. They had 
 twenty nine platoons, twelve in a platoon, of men dressed in unilorm 
 Many of those were evidently Canadian militia. The rest of their mili- 
 tia increased their white force to about seven hundred men. The 
 number of their Indiaas could not be ascertained with raiy degree of 
 precision ; not many were visible. And in the event of an attack upoa 
 the town and fort, it was a species of force which could have afforded. 
 00 material advantage to the enemy. 
 
 In endeavouring to appreciate the motives and to investigate the 
 causes, which led to an pvent so unexpected and dishonourable, it is 
 impossible to find any solution in the relative strength of the contendhig 
 parties, or in the measures of resistance iu our power. That we were 
 tar superior to the enemy ; that upon any ordinary principles of calcu- 
 lation we would have defeated them, the wouuded and indignant feel- 
 ings of every man there will testify. 
 
 A few days before the surrender, I was informed by Gen. Hull, wr 
 had 400 rounds of 24 pound shot fixed ^^id about 100,000 cartridges 
 made. We surrendered with the fort 50 barrels of powder and 2.W0 
 stand of arms. 
 
 The state of our provisions has not been generally understood. Or 
 the day of surrender we had 15 days of provision of every kind on hand. 
 Of meat there was plenty in the country, and arrangements had been 
 made for purchasing and grinding the flour. It was calculated we could 
 readily procure three months' provisions, independent of 150 barrel? 
 of 8our, 1300 head of cattle which had been forwajdcd from the state of 
 
( 2'J ) 
 
 t)liio, and wiiicb remained at the River F.aisiii under Capt.. Brush, with- 
 in ffiach of the army- 
 
 But had we been totally destitute of provisions, our duty and our in- 
 terest was undoubtedly to fight. The enemy invited us to meet him in 
 the field. 
 
 By defeating liim the whole country would Jiave l)ecn open to us, 
 and tJie object of our expedition gloriously and successfully obtained. 
 If we had been defeated we had nothing to do but to retreat to the 
 fort, and make the best defence circumstances and our situation ren- 
 dered practicable. But basely to surrender without firing a gun — 
 tamely to submit without raising a baj'onet — disgracefully to pass ia 
 review before an enemy as inferior in the quality as in the number of 
 his forces, were circumstances, which excited feelings of indignation 
 more easily felt than described. 
 
 To see the whole of our men flushed with the hope of victory, eagerly 
 awaiting the approaching contest, to see them afterwards dispirited, 
 hopeless desponding, at least 500 shedding tears because they were not 
 allowed to meet their country's foes, and to fight their country's battles, 
 excited sensations which no American has ever before had cause to feel, 
 and which I trust in God will never again be ielt, while one man re- 
 mains to defend the standard of the Union. 
 
 I am expressly authorized to state, that Colonels M'Arthur and Find- 
 ley, and 1/ieutenant Colonel Miller viewed the transaction in the light 
 which I do. They knew and I feel, that no circumstance in our situa- 
 tion, none in that of the enemy, can excuse a capitulation so dishonour- 
 iiblc and unjustifiable. This too is the universal sentiment among the 
 troops ; and I shall be surprised to learn, that there is one man, who 
 thinks it was necessary to sheath his sword, or lay down his musket. 
 
 I wa>! informed by General Hull, the morning after the capitulation, 
 that the British ibrccs consisted of loOO regulars, and that he sur- 
 i-endered to prevent the eflusion of human blood. That he magnified 
 the regular force nearly five fold, there can be no doubt — AVhether the 
 philanthropic reason assigned by him is a sufficient justification for sur- 
 rendering a fortified town, an army and a territory, is for the govern- 
 ment to determine. 
 
 Confident I am, that had the courage and conduct of the general been 
 equal to the spirit and zeal of the troops, the event would have been 
 as brilliant and successful as it now is disasterons and dishonoiirable. 
 Very respectfully, Sir, &c. 
 
 LEWIS CASS, 
 Col. 3d Regiment Ohio Vol. 
 Hon. William Eustis, Sccretaiy of War. 
 
 Albany, Fdiruary 23, 18 11. 
 Dear Sir, M^ 
 
 I write you at the instance of the court convened here fi)r the trial of 
 Gen. Hull, to obtain your advice as to some points arising from the pre- 
 sent and probably future state of the court, as to the number ot its 
 members. 
 
 The court, when organized, consisted of 14 members, viz. 13 sitting 
 members and one supernumerary, (Colonel Forbes.) After the cause on 
 the part of the United States was rested, the court adjourned for eight 
 days, to give the general time to arrange his defence ; in the iuteriwi. 
 
( 29 ) 
 
 Colonel Bogardiis, wlio had returned to ?s'c\r-York, met u ith ?. very se- 
 rious private inisibrtunc, in the loss of one ot'liis t'l;ildren 1)y accident ; 
 wliich lias liitlif-rto prevented iiis return to tJiis place. Generals Deai'- 
 born and Bioomdeld, and Colonel Fenuick became severcJy indisposed, 
 l)nt have so far recovereil as to meet yesterday, but Colonel Bogardus 
 being absent, the abilities of the gentlemen who, had been siek. to at- 
 tend, being of doubtful conthiuance, was ti)ought adviseable to adjourn 
 until Colonel Bogardus's return, who had been wrote to. 
 
 Thus situated, it would be agieeablc to the court to be advised from 
 the war department. 
 
 1st. ^Vhether a member who has I)een absent during any material 
 part of the trial, can take his seat again after it has been tilled by the 
 supcrnmncrary. 
 
 I'd. How many are necessary to a ballot conviction, organized as 
 the court was originally, 13. 
 
 3d. What could be the most adviseable course for the court to pursue 
 should their number be reduced to 12 or less. 
 
 4th. Will it be necessary for the court to remain here until their pro- 
 ceedings shall have been submilted to the President of the I'nited 
 States ? 
 
 With great respect, sir, your humble servant. 
 (Signed.) .^1AUTL\ VAN BEUREX. 
 
 The Hon. Jolin xVnnstrong, Secretary of "IVar. 
 
 liar Deparlm-cnl, j) larch Ith, 1814. 
 Sir, 
 
 Your letter of the 23d ult. ha? beon rc-ccivcd, and I hasten to an- 
 swer your four questions. ' 
 
 1st. A member who has been absent, may take his scat after such 
 absence ; but if the supernumerary, supplying his place, sliould have been 
 present during tUe whole time, so far as it has gone, and can continue 
 his attendance on it, he may be prelerred. 
 
 2d. A mere majority of the court may convict of any degree of crime, 
 but two thirds of the court are necessary to pass a sentence of death. • 
 
 3d. iVew members may be added to keep up the original number of 
 the court (this is military usage) the proceedings as recorded being 
 read to them. See Gcnej-al Ilohert Howe's trial during the war of the 
 revolution, and General Whitlock's in England, &c. 
 
 4th. When the proceedings of the court are closed and reported, the 
 court may be dissolved by the president. 
 1 am, sir, yours respcctfullv, 
 (S'gned.) ' JOILV ARMSTRONG. 
 
 P. S. In case an absent member returns and resumes his seat, the 
 proceedings, which have been had in his absence, must be read to him. 
 
 Hon. .Mr. Van Beuren, acting special judge advocate. 
 
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LIBRARY OF CONGRESS 
 
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