By resorting to such means our command of Lake Ontario may be insured. The frames may be made here during the Winter, whilst the Masts, Planks, Spars and Slips may be prepared in Canada. Vessels with the frames, and such other parts and stores as are sent from England, may arrive at Quebec by the 10th or 12th of May, and their contents reach Lake Ontario by the 1st of June. Thus by the month of August such a plan might create a sufficient force to hold the command of the Lower Lake.

The Provincial Marine should be put upon a better Establishment and encouragement held out to intice the voluntary service of regularly bred naval officers.

1 11119 1

1124 2 486

LETTER TO EARL BATHURST RESPECTING THE PRISONERS TAKEN WITH GENERAL WM. HULL AT DETROIT.

DOCTOR'S COMMONS, 8th February, 1813..

May it please Your Lordship,

We are honoured with Your Lordship's Commands of the 30th Ultimo, transmitting a list of Twenty five persons who appear by their own confessions, as certified in the certified in the Return, to be British Subjects, and who were found serving in the American Army under the Command of Brigadier General Hull at the time of its surrender in Fort Detroit on the 16th August 1812; together with a copy of the Capitulation, under which the men in question became Prisoners and desiring that we should report to Your Lordship, our opinion, whether these Individuals who were serving in America, previous to the commencement of the war, and who could not previous to their capture bave received any Information of war having been declared by this Country against the United States, can be legally tried for being found in Arms against His Majesty; or if they can be brought to trial for the offence, whether it would be advisable to proceed against them."

In obedience to Your Lordships directions, we have considered the same, and have the Honor to Report-That the Declaration of Hostilities by either Belligerent is not necessary to constitute the offence of High Treason in a British subject adhering to a Foreign Power in the hostile Invasion of any part of His Majesty's Dominions, as the existence of such Hostility is a fact that may be proved in any manner to the satisfaction of the Jury.

There can be no doubt that such Hostility existed on the part of the Government of the United States; and we are of opinion that the British Subjects so taken in Arms are liable to be tried on a charge of High Treason.

Whether it will be expedient that such proceedings shall be had against them, may depend on many particulars, with which we are not acquainted.

We think that the want of knowledge of the offence they were committing cannot be received as an excuse otherwise than as a Plea to Mercy.

We are of opinion also, that the capitulation does not make a distinction in their favor; unless there was any assurance given by the British officer that they should be protected on a disclosure of their real character.

The Governor does not seem to have thought, that they would be subject to criminal proceedings, but it does not appear whether any assurance to that effect was given to them.

We humbly submit whether it would not be advisable that the examinations of these persons should be taken before a final determination is made on their case.

I have the honor to congratulate Your Lordship upon the signal success which has which has again attended His Majesty's Arms in Upper

Canada. Brigr. General Winchester with a division of the Forces of the United States consisting of upwards of 1,000 men, being the right wing of Major General Harrison's army, thrown in advance, marching to the attack of Detroit, was completely defeated on the 22d of January last, by Colonel Proctor, commanding in the Michigan Territory, with a force which he had hastily collected upon the approach of the Enemy, consisting of a small detachment of the 10th Royal Veteran Battalion, three companies of the 41st Regiment, a party of the Royal Newfoundland Fencibles, the Sailors belonging to the Queen Charlotte, and 150 of the Essex Militia, not exceeding five hundred Regulars and Militia and about six hundred Indians; -the result of the action has been the surrender of Brigr. General

Winchester with five hundred officers, non-commissioned officers and privates of the American Army, and with a loss on their part of nearly the like number in killed and wounded.

In the details of this affair which reflects the highest credit upon Colonel Proctor for the promptitude, gallantry and decision which he has manifested upon upon the occasion, I beg leave to refer Your Lordship to his letter to Major General Sheaffe* herewith transmitted.

I have also the honor of transmitting to Your Lordship returns of the killed and wounded on our part, and of the Arms Ammunition and Prisoners taken from the Enemy, the latter of which Your Lordship will not fail to observe more than exceeded the whole of the Regular and Militia Force which Colonel Proctor had to oppose to them.

Major General Harrison with the main body of his Army consisting of about two thousand men was reported to be four or five days march distant from Brig. General Winchester's Division advancing in the direction of Detroit-I think it not improbable that upon hearing of the disaster of this division and the loss of his supplies, he may commence his retreat, but should he persevere in his endeavours to penetrate further into the Michigan Territory, I feel the fullest confidence in the skill and bravery of Colonel Proctor, and the Troops under his command for an effectual resistance to every attempt of the enemy in that quarter.

A small detachment from the Royal Artillery at Fort George with the Light Infantry Company of the 41st Regiment have marched to reinforce Detroit-They are to be replaced on the Niagara Frontier by Troops now in motion from Montreal.

I have the honor to be

My Lord

Your Lordship's

most obedient and

most humble Servant

GEORGE PREVOST.

The Right Honorable The Earl of Bathurst.

Endorsed: Quebec, 8th Feby 1813.

Lieut. Genl. Sir G. Prevost, Bart. No. 43.

R. 22d April. Four Inclosures.

[ Q 121, p 68 ]

*Letter published in Vol. 15, page 227.