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Ohio militia; one regiment of the Michigan territory.

Thirty-three pieces of brass and iron ordnance have already been secured.

When this contest commenced, many of the Indian nations were engaged in active warfare with the United States, notwithstanding the constant endeavours of this government to dissuade them from it. Some of the principal chiefs happened to be at Amherstburg, trying to procure a supply of arms, and ammunition, which for years had been withheld, agreeably to the instructions received from Sir James Craig, and since repeated. by your excellency.

From that moment they took a most active part, and appeared foremost on every occasion; they were led yesterday by Colonel Elliott and Captain M'Kee, and nothing could exceed their order and steadiness. A few prisoners were taken by them, during the advance, whom they treated with every humanity; and it affords me much pleasure in assuring your 'excellency, that such was their forbearance and attention to what was required of them, that the enemy sustained no other loss in men than what was occasioned by the fire of our batteries.

The high sense I entertain of the abilities and judgment of Lieut. Col. Myers, induced me to appoint him to the important command at Niagara: it was with reJuctance I deprived myself of his assistance, but had no other expedient. His duties as head of the Quarter-master-General's department were performed to my satisfaction by Lieutenant-Colonel

Nicholls, Quarter-master General of the militia.

Captain Glegg, my Aide-decamp, will have the honour of delivering this dispatch to your excellency; he is charged with the colours taken at the capture of Fort Detroit, and those of the 4th United States regiment.

Captain Glegg is capable of giv ing your excellency every information respecting the state of this province; and I shall esteem myself highly indebted to your excellency to afford him that protection to which his merit and length of service give him a powerful claim. I have the honour to be, &c. (Signed) ISAAC BROCK, Major-General.

P. S. I have the honour to enclose a copy of a Proclamation, which I issued immediately on taking possession of this country.

I should have mentioned in the body of my dispatch the capture of the Adams; she is a fine vessel, and recently repaired, but without

armis.

Camp at Detroit, Aug. 16, 1812. Capitulation for the surrender of Fort Detroit, entered into between Major-General Brock, commanding his Britannic Majesty's forces, on the one part, and BrigadierGeneral Hull, commanding the North Western army of the United States, on the other part.

Art. I. Fort Detroit, with all the troops, regulars as well as militia, will be immediately surrendered to the British forces under the command of Major-General Brock, and will be considered prisoners of war, with the excep

tion of such of the militia of the Michigan territory, who have not joined the army,

II. All public stores, arms, and all public documents, including every thing else of a public nature, will be immediately given up.

III. Private persons and property of every description will be respected.

IV. His excellency BrigadierGeneral Hull, having expressed 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'Arthur, should be included in the capitulation, it is accordingly agreed to. It is, however, to be understood, that such part of the Ohio militia as have not joined the army will be permitted to return to their homes, on condition that they will not serve during the war; their arms will be delivered up, if belonging to the public.

V. The garrison will march out at the hour of twelve this day, and the British forces will take immediate possession of the fort.

(Signed) J. MACDONELL, Lieut.

Col. militia, P.A. D.C. J. B. GLEGG, Major

A.D.C.

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An article supplementary to the articles of capitulation, concluded at Detroit, the 16th of August, 1812.

It is agreed, that the officers and soldiers of the Ohio militia and volunteers shall be permitted to proceed to their respective homes, on this condition, that they do not serve during the present war, unless they are exchanged. (Signed) W. HULL, Brig.-Gen. commanding U. S. N. W. Army. ISAAC BROCK, MajorGeneral.

An article in addition to the supplementary article of capitula tion, concluded at Detroit, August 16th, 1812,

It is further agreed, that the officers and soldiers of the Michigan militia and volunteers, under the command of Major Wetherall, shall be placed on the same principles as the Ohio militia and volunteers are placed by the supplementary article of the 18th inst. (Signed) W. HULL, Brig.-Gen. commanding N. W. Army U. S.

ISAAC BROCK, Major-
General.

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N. B. No time to take an inventory of orduance stores, &c. and no return could be procured from the American officer.

Proclamation by Isane Brock, Esq. Major-General commanding his Majesty's forces in the province of Upper Canada, &c.

Whereas the territory of Michi

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gan was this day, 'by capitulation, From the London Gazette, Saturday

ceded to the arms of his Britannic Majesty, without any other condition than the protection of private property; and wishing to give an early proof of the moderation and justice of his Majesty's government, I do hereby announce to all the inhabitants of the said territory, that the laws heretofore in existence shall continue in force until his Majesty's pleasure be known, or so long as the peace and safety of the said territory will admit thereof; and I do hereby also declare, and make known to the said inhabitants, that they shall be protected in the full exercise and enjoyment of their religion, of which all persons, both civil and military, will take notice, and govern themselves ac-cordingly.

All persons having in their possession, or having any knowledge of any public property, shall forthwith deliver in the same, or give notice thereof to the officer commanding, or Lieutenant-Col. Nicholl, who are duly authorized to receive and give proper receipts for the same.

Officers of militia will be held responsible that all arms in possession of militia men be immediately delivered up, and all individuals whatever who have in their possession arms of any

Oct. 10.

Admiralty-Office, Oct. 10. Copy of a letter from ViceAdmiral Sawyer to John Wilson Croker, Esq. dated on board his Majesty's ship Africa, at Halifax, Sept. 15, 1812.

Sir,-It is with extreme con. cern I have to request you will be pleased to lay before the Lords commissioners of the Admiralty the enclosed copy of a letter from Captain Dacres, of his Majesty's late ship Guerriere, giving an account of his having sustained a close action of near two hours on the 19th ult. with the American frigate, Constitution, of very supe rior force, both in guns and men, (of the latter almost double) when the Guerriere being totally dismasted, she rolled so deep as to render all further efforts at the guns unavailing, and it became a duty to spare the lives of the remaining part of her valuable crew, by hauling down her colours. The masts fell over the side from which she was about to be engaged, in a very favourable position for raking by the enemy. A few hours after she was in possession of the enemy, it was found impossible to keep her above water; she was therefore set fire to and abandoned, which I hope will sa

tisfy their Lordships she was defended to the last. Capt. Dacres has fully detailed the particulars of the action, as well as the very gallant conduct of, and the support he received from, the whole of his officers and ship's company, and I am happy to hear he is, with the rest of the wounded, doing well they have been treated with the greatest humanity and kindness, and an exchange having been agreed on, I am in daily expectation of their arrival here. A list of the killed and wounded is herewith sent, which I regret to I have the say, is very large. honour to be, &c. (Signed) H. SAWYER, Vice-Adm.

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Boston, Sept. 7, 1812. Sir, I am sorry to inform you of the capture of his Majesty's late ship Guerriere by the American frigate Constitution, after a severe action on the 19th of August, in lat. 40 deg. 20 min. N. and long. 55 deg. W. At two p. m. being by the wind on the starboard tack, we saw a sail on our weather At beam, bearing down on us. three made her out to be a man of war, beat to quarters, and prepared for action. At four, she closing fast, wore to prevent her raking

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At ten minutes past four, hoisted our colours and fired several shot at her. At twenty minutes past four, she hoisted her colours, and returned our fire, wore several times to avoid being raked, exchanging broadsides. At five, she closed on our starboard beam, both keeping up a heavy fire, and steering free, his intention being evidently to cross our bow. At twenty minutes past five our mizen mast went over the star

board quarter, and brought the
ship up in the wind; the enemy
then placed himself on our larboard
bow, raking us, a few only. of our
bow guns bearing, and his grape
and riflemen sweeping our deck.
At forty minutes past, the ship not
answering helm, he attempted to
lay us on board; at this time Mr.
Grant, who commanded the fore-
castle, was carried below, badly
wounded. I immediately ordered
the marines and boarders from the
main deck; the master was at this
time shot through the knee, and I
received a severe wound in the
back. Lieutenant Kent was lead-
ing on the boarders, when the
ship coming to, we brought some
of our bow guns to bear on her,
and had got clear of our opponent,
when at twenty minutes past six,
our fore and main-masts went
over the side, leaving the ship a
perfect unmanageable wreck. The
frigate shooting a-head, I was in
hopes to clear the wreck and get
the ship under command to renew
the action; but just as we had
cleared the wreck, our spritsail
yard went, aud the enemy having
rove new braces, &c. wore round
within pistol shot, to rake us, the
ship laying in the trough of the
sea, and rolling, her main-deck
guns under water, and all attempts
to get her before the wind being
fruitless; when calling my few re-
maining officers together, they
were all of opinion that any further
resistance would only be a need-
less waste of lives, I ordered, tho'
reluctantly, the colours to be
struck. The loss of the ship is to
be ascribed to the early fall of the
mizenmast, which enabled our op-
ponent to choose his position. I
am sorry to say we suffered se-

verely

verely in killed and wounded, and mostly whilst she lay on our beam, from her grape and musketry, in all 15 killed and 63 wounded, many of them severely; none of the wounded officers quitted the deck till the firing ceased. The frigate proved to be the United States ship Constitution, of thirty twenty-four pounders on her main-deck, and twenty-four thirty-two pounders and two eighteen pounders on her upper deck, and 476 men; her loss, in comparison with our's, is trifling, about 20, the first Lieutenant of marines and eight killed, and first Lieutenant and master of the ship, and 11 men wounded, her low masts badly wounded, and stern much shattered, and very much cut up about the rigging. The Guerriere was so cut up that all attempts to get her in would have been useless. As soon as the wounded were got out of her, they set her on fire; and I feel it my duty to state, that the conduct of Captain Hull and his officers to our men bas been that of a brave enemy, the greatest care being taken to prevent our men losing the smallest trifle, and the greatest attention being paid to the wounded, who, through the attention and skill of Mr. Irvine, surgeon, I hope will do well. I hope, though success has not crowned our efforts, you will not think it presumptuous in me to say, the greatest credit is due to the officers and ship's company for their exertions, particularly when exposed to the heavy raking fire of the enemy; I feel particularly obliged for the exertions of Lieut. Kent, who, though wounded early by a splinter, continued to assist

me; in the second Lieutenant the service has suffered a severe loss; Mr. Scott, the master, tho' wounded, was particularly attentive, and used every exertion in clearing the wreck, as did the warrant officers. Lieutenant Nicholl, of the royal marines, and his party, supported the honourable character of their corps, and they suffered severely. I must recommend Mr. Snow, master's mate, who commanded the foremost main-deck guns, in the absence of Lieutenant Pullman, and the whole after the fall of Lieutenant Ready, to your protection, he having received a severe contusion from a splinter. I must point out Mr. Garby, acting purser, to your notice, who volunteered his services on deck, and commanded the after quarter-deck guns, and was particularly active, as well as Mr. Bannister, midshipman. I hope, in considering the circumstances, you will think the ship intrusted to my charge was properly defended; the unfortunate loss of our masts, the absence of the third Lieutenant, second Lieutenant of marines, three midshipmen, and 24 men, considerably weakened our crew, and we only mustered at quarters 244 men and 19 boys, on coming into action; the enemy had such an advantage from his marines and riflemen, when close, and his su perior sailing enabled him to choose his distance. I enclose herewith a list of killed and wounded on board the Guerriere, and have the honour to be, &c.

w

JAMES R. DACRES.

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