CHAP. IX. 1814.

BOOK XIII. the country before described shall hereafter be found in arms against his majesty, or aiding and assisting his majesty's enemies in any other shape, either by conveying intelligence, or otherwise, such person or persons shall be immediately brought before a court-martial, and, on conviction, shall be punished agreeably to military law. And all collectors and receivers of the public revenue of that country are enjoined and commanded immediately to render, to the proper officer of his majesty's customs, appointed for that purpose at Castine, a true and exact account of all and every sum or sums of public money in their hands at the time possession was taken of that country for his majesty, and to pay over the same to the said officer of the customs; and all such collectors and receivers are to account for, and pay over in the said manner, all monies by them collected or received since possession of that country was taken by us as aforesaid. And all persons inhabiting within the said country and islands, are required to appear before the proper officers appointed for that purpose, as speedily as possible after the publication hereof, and to take an oath to behave peaceably and quietly, and, while inhabiting and residing within that country, not to carry arms, or in any respect act hostilely towards his majesty, or any of his subjects: and such inhabitants, after taking such oath, shall be protected in their persons and properties until his majesty's pleasure shall be known. Nothing, however, herein cóntained, is to extend to any property seized, and taken as prize previous to the publication hereof, or to the security of persons or property of those who refuse to take the oath before-mentioned. And all and every person and persons not being an inhabitant or inhabitants of that country, at the time it was taken possession of by his majesty's forces, whether such person be a British subject or otherwise, who shall be found sojourn ing in that country, within the same limits, or passing or repassing within the same, without a proper pass and license, granted either by the governor-in-chief of British North America, or by the admiral commanding in chief his majesty's ships on the coast of North America, or by the lieutenantgovernors or commanders-in-chief for the time being of the provinces of Nova Scotia, or New Brunswick, or by the admiral commanding for the time being at Halifax, or from the said Gerard Gosselin, or whoever may succeed him as senior officer commanding within the said country, shall he immediately apprehended and brought to trial before a court-martial, and punished as for a breach of orders, according to military law; and full power and authority is hereby granted to the said Gerard Gosselin, or whoever may hereafter be commander in that country, until his majesty's pleasure be known, to compel any person or persons, who may hereafter be guilty of any hostile,

disorderly, or disobedient conduct, or who refuse to take the oath before directed, to be removed from that country, and to punish such person or persons who may return to the same, after such removal, according to military law, as for a breach of orders.

"And all persons inhabiting, or residing within that country, being owner or owners of any ship or ships, vessel or vessels, and who shall have taken the oath of allegiance to his majesty, shall be enti tled to receive from the officer of the customs, appointed at Castine, a certificate and coasting-license, countersigned by the military officer commanding in that country for the time being, which shall protect such ships or vessels respectively, in fishing or coasting from one harbour or river to the other, within the limits of the country aforesaid; and it shall be lawful for such vessels, when fur nished with coasting clearances and permits from the proper officer of the customs at Castine aforesaid, to carry, without molestation, from one harbour to another, within the said district, the produce of that country, or any goods, wares, or merchandize lawfully imported into Castine. Provided, always, that if any ship or vessel so licensed for fishing or coasting shall be found at the distance of ten leagues from the shore of said country, or to the southward or westward of the eastern side of Monhegan island, or shall be found to the northward or eastward of the line of the province of New Brunswick, the licence of such vessel or vessels shall be null and void, and it shall be lawful to seize and make prize of such vessel or vessels, the same as if owned by the enemy.

"And it shall and may be lawful, until his ma jesty's pleasure shall be known, for any British subject, or persons inhabiting within the said country, who shall be admitted to the privilege of a British subject, to import, and bring from the United Kingdom of Great Britain and Ireland, or any of the colonies or plantations thereto belong ing, into the port of Castine, and no other port or place within the said district, in British ships, owned and navigated according to law, all goods, wares, and merchandize which can be lawfully exported from Great Britain or Ireland to the British colonies; and all goods, wares, and merchandize which can be lawfully imported from one British colony to another; and to export in like manner, in British ships only, from the said port of Castine, any goods, wares, or merchandize the produce of the said country, or goods condemned as prize, and to carry the same to Great Britain or Ireland, or any of the British colonies. Provided always, that any British ship entering, or attempting to enter any other port, harbour, or place, within the limits of the said country, save the said port of Castine, shall be liable to be seized as prize, and condemned as a British ship trading with the enemy; and provided also, that

nothing herein contained shall authorise British, subjects, or persons trading to that country under the authority of this proclamation, to take up a residence in said country, unless specially licensed for that purpose as aforesaid.

"And all goods imported and exported into or from the said port of Castine, or carried coastwise within the limits of the said country, and all vessels trading to or from the same, whether coastwise or otherwise, shall be subject to all the duties, rules, orders, and regulations, which the laws of trade and navigation, and the British acts of parliament regulating the trade and fisheries of the British colonies appoint: and which duties shall be collected, and laws of trade, rules, and regulations executed after the same manner as at the custom-house in Halifax, in the province of Nova Scotia.

"And we do assure and promise the inhabitants of the country taken possession of by us as aforesaid, that so long as they shall conform to this proclamation, and behave themselves peaceably and quietly, and shall take and subscribe either the oath of allegiance to his majesty, or the oath by this proclamation appointed, they shall be protected both in person and property, until his majesty's pleasure shall be known; and as far as possible shall have the laws which were in force at the time we took possession of that country carried into execution by the judges, magistrates, and peace-officers, who were in authority at the time we took possession of said country: subject, however, to such alteration and ordinances as the officer commanding for the time being may deem necessary and expedient, to enable him to support and maintain the power and authority of his majesty, in and over that country, and subject to the authority of that summary and military course of proceeding which the defence of the country may render necessary, and which the laws of war amongst the civilized nations authorise. And we hope, that the peaceable demeanour and behaviour of the inhabitants, under present circumstances, will be such as will enable the officer commanding for the time being, to carry into effect every measure necessary to promote their present secu

CHAP. IX.

1814.

rity and happiness: but nothing contained in this BOOK XIII. proclamation is to extend, or be construed to extend, to the establishment of any form of government that shall exist longer than until his majesty's pleasure shall be known, and subject to all such orders and regulations as the Prince-regent of the United Kingdom, acting in the name and on the behalf of his majesty, may think expedient to appoint and establish, for the permanent government of that country, until which period we promise to carry into effect this proclamation in every way that will best conduce to the safety and prosperity of the inhabitants of the country. Provided they contribute by their peaceable demeanour to the measures necessary and expedient to be taken to hold possession of the country against his majesty's enemies, to which object the officer commanding in that country, for the time being, is to employ his whole force, and any opposition from the inhabitants of that country to the measures necessary to accomplish that object will render this proclamation null and void.

"Given under our hands and seals at arms at Halifax, this 21st day of September, in the 54th year of his majesty's reign. Annoque domini 1814. "JOHN COAPE SHERBROOKE, Lieut.-general commanding.

EDWARD GRIFFITH, Rear-admiral.”

This step of the British commanders in many points of view was very impolitic; since to declare any territory as essentially and permanently attached to the conqueror, of which he has only gained a temporary possession, can only serve to expose his weakness when he is compelled to give it up, and to irritate the enemy. It was said, that the territory of which the British gained possession was necessary for the purpose of an open and direct communication between Canada and New Brunswick-but as it was to the Americans of little value, it might have been obtained, in the event of peace, for an equivalent; whereas they were not likely to permit the disgrace of having it forced from them, of however little real value it might be to them.

THE British government having determined to transfer the seat of war into the territories of the United States, the Governor-general of Canada, Sir George Prevost, assembled all the disposable force in the lower province of that country; and, on the 1st of September, entered the state of New York, and occupied the village of Champlain, near the lake of that name. The force assembled under his command amounted to about 15,000 men, among whom were a number of veterans who had served in Lord Wellington's army, and the commander and appointments were such as to give sanguine hopes of success. The first operation was directed against Plattsburgh, a fortified place on Lake Champlain, which was garrisoned by the American Brigadier-general Macomb, with about 1,500 effective men, of various descriptions. The British army advanced by slow marches, gallantly surmounting every obstacle thrown in its way by the enemy; and, on the 6th, had arrived within a mile of Plattsburgh. The following days were occupied in bringing up the battering-train, and making approaches; and it was planned that the attack should be supported by the co-operation, of the British naval force on Lake Champlain, consisting of a frigate, a brig, two sloops-of-war, and some gun-boats, under the command of Captain Downie. On the morning of the 11th, this flotilla appeared in sight of Plattsburgh, and bearing down, engaged at anchor in the bay of the town; at the same time the land-batteries were opened against the fort, and threw in a continued shower of balls and bombs.

The British flotilla was opposed by the American Commodore M'Donough, with a force nearly equal, and the conflict was fierce and bloody. Captain Downie was unfortunately killed at the very beginning of the engagement, and the rudder of his ship being disabled, and the brig commanded by Captain Piercy becoming quite unmaneageable, both vessels were left almost at the mercy of the enemy. After an action of two hours, the Americans captured the frigate, the brig, and the two sloops, after a loss of 84 killed

and 110 wounded, Captain Downie and two lieutenants being among the former. The loss of the Americans was forty-nine killed, among whom were two officers, and fifty-seven wounded. The firing from the land against the fort continued till sun-set, and attempts were made by the parties to advance to an assault of the works, but were foiled. The destruction of the naval force having now put an end to all hopes of success, it was thought necessary by the British general to abandon the enterprise. The cannon were withdrawn from the batteries, and at two o'clock the next morning the whole army began its retreat towards Canada, leaving the sick and wounded to the humanity of the enemy. Great quantities of provisions were likewise left behind and des troyed; and the Americans found on the ground a large quantity of shot, shells, ammunition, entrenching-tools, &c. The Americans being now collected from all the circumjacent territory, the British drew back to their lines; and every idea of penetrating into the territories of the United States on that side was relinquished.

The American general gave a very detailed account of this affair in his dispatch to the secretary of war, which we shall here subjoin. It is a very interesting account, and does not present any of those exaggerations which but too much disgraced the dispatches of the French and some of the American officers. It is dated Plattsburgh, September 15.

"The Governor-general of the Canadas, Sir George Prevost, having collected all the disposa ble force in Lower Canada, with a view of conquering the country as far as Crown Point and Ticonderoga, entered the territories of the United States on the 1st of the month, and occupied the village of Champlain : there he avowed his intentions, and issued orders and proclamations, tending to dissuade the people from their allegiance, and inviting them to furnish his army with provisions. He immediately began to impress the waggons and teams in the vicinity, and loaded them with his heavy baggage and stores. From this I was persuaded he intended to attack this

place. I had but just returned from the lines, where I had commanded a fine brigade, which was broken up to form the division under Majorgeneral Izard, and ordered to the westward. Being senior officer he left me in command; and, except the four companies of the 6th regiment, I had not an organised battalion among those remaining. The garrison was composed of convalescents and recruits of the new regiments, all in the greatest confusion, as well as the ordnance and stores, and the works in no state of defence. To create an emulation and zeal among the officers and men in completing the works, I divided them into detachments, and placed them near the several forts; declaring in orders, that each detachment was the garrison of its own work, and bound to defend it to the last extremity. The enemy advanced cautiously and by short marches, and our soldiers worked day and night, so that by the time he made his appearance before the place we were prepared to receive him. General Izard named the principal work Fort Moreau; and, to remind the troops of the actions of their brave countrymen, I called the redoubt on the right Fort Brown, and that on the left. Fort Scott. Besides these three works, we had two block-houses strongly fortified. Finding, on examining the returns of the garrison, that our force did not exceed 1,500 effective men for duty, and well informed that the enemy had as many thousands, I called on General Mooers, of the New York militia, and arranged with him plans for bringing forth the militia en masse. The inhabitants of the village fled with their families and effects, except a few worthy citizens and some boys, who formed themselves into a party, received rifles, aud were exceedingly useful. By the 4th of the month, General Mooers collected about 700 militia, and advanced seven miles on the Beekman Town-road, to watch the motions of the enemy, and to skirmish with him as he advanced; also to obstruct the roads with fallen trees, and to break up the bridges. On the Lakeroad, at Dead Creek Bridge, I posted 200 men, under Captain Sproul, of the 13th regiment, with orders to abbatis the woods, to place obstructions in the road, and to fortify himself: to this party I added two field-pieces. In advance of that position was Lieutenant-colonel Appling, with 110 riflemen, watching the movements of the enemy, and procuring intelligence. It was ascertained, that before day-light on the 6th, the enemy would. advance in two columus, on the two roads beforemeutioned, dividing at Sampson's a little below Chazy village. The column on the Beekman Town-road proceeded most rapidly; the militia. skirmished with his advanced parties, and except a few brave men, fell back most precipi tately in the greatest disorder, notwithstanding the British troops did not deign to fire on them,.

СНАР. Х.

1814.

except by their flankers and advanced patroles. BOOK XIII. The night previous, I ordered Major Wool to advance with a detachment of 250 men to support the militia, and set them an example of firmness; also Captain Leonard, of the light-artillery, was directed to proceed with two pieces to be on the ground before day; yet he did not make his appearance until eight o'clock, when the enemy had approached within two miles of the village. With his conduct, therefore, I am not well pleased. Major Wool, with his party, disputed the road with great obstinacy, but the militia could not be prevailed on to stand, notwithstanding the exertions of their general and staff-officers; although the fields were divided by strong stone-walls, and they were told that the enemy could not possibly cut them off. The state-dragoons of New York wear red coats; and they being on the heights to watch the enemy, gave constant alarm to the militia, who mistook them for the enemy, and feared his getting in their rear.

"Finding the enemy's columns had penetrated within a mile of Plattsburg, I dispatched my aidde-camp, Lieutenant Root, to bring off the detachment at Dead Creek, and to inform Lieutenant-colonel Appling that I wished him to fall on the enemy's right flank. The colonel fortunately arrived just in time to save his retreat, and to fall in with the head of a column debouching from the woods. Here he poured in a destructive fire from his riflemen at rest, and continued to annoy the enemy until he formed a junction with Major Wool. The field-pieces did considerable execution among the enemy's columns. So undaunted, however, was the enemy, that he never deployed in his whole march, always pressing on in column. Finding that every road was full of troops, crowding on us on all sides, I ordered the field-pieces to retire across the bridge and form a battery for its protection, and to cover the retreat of the infantry, which was accordingly done, and the parties of Appling and Wool, as well as that. of Sproul, retired alternately, keeping up a brisk fire until they got under cover of the works. The enemy's light troops occupied the houses near the bridge, and kept up a constant firing from the windows and balconies, and annoyed us much. I ordered them to be driven out with hot shot, which soon put the houses in flames, and obliged those sharp-shooters to retire. The whole day, until it was too late to see, the enemy's light. troops endeavoured to drive our guards from the bridge, but they suffered dearly for their perseverance. An attempt was also made to cross the upper bridge, where the militia handsomely drove them back. The column which marched by the lake road was much impeded by the obstructions, and the removal of the bridges at Deal creek; and, as it passed the creek and beach, the gallies kept up a lively and galling fire.

Our troops

CHAP. X. 1814.

BOOK XIII, being now all on the south side of the Saranac, I directed the planks to be taken off the bridges and piled up in the form of breast-works, to cover our parties intended for disputing the passage, which afterwards enabled us to hold the bridges against very superior numbers. From the 7th to the 14th, the enemy was employed in getting on his battering train, and erecting his batteries and approaches, and constantly skirmishing at the bridges and fords. By this time the militia of New York and the volunteers of Vermont were pouring in from all quarters. I advised General Mooers to keep his force along the Saranac to prevent the enemy's crossing the river, and to send a strong body in his rear to harass him day and night, and keep him in continual alarm. The militia behaved with great spirit after the first day, and the volunteers of Vermont were exceed ingly serviceable. Our regular troops, notwithstanding the constant skirmishing, and repeated endeavours of the enemy to cross the river, kept at their work day and night strengthening the defences, and evinced a determination to hold out to the last extremity. It was reported that the enemy only waited the arrival of his flotilla to make a general attack. About eight in the evening of the 11th, as was expected, the flotilla appeared in sight round Cumberland Head, and at nine bore down and engaged at anchor in the bay off the town. At the same instant the batteries were opened on us, and continued throwing bomb-shells, shrapnells, balls, and Congreve ockets until sun-set, when the bombardment ceased, every battery of the enemy being silenced by the superiority of our fire. The naval engagement lasted but two hours, in full view of both armies. Three efforts were made by the enemy to pass the river at the commencement of the cannonade and bombardment, with a view of assaulting the works, and they had prepared for that purpose an immense number of scaling-ladders. One attempt to cross was made at the village bridge, another at the upper bridge, and a third at a ford about three miles from the works. At the two first he was repulsed by the regulars -at the ford by the brave volunteers and militia, where he suffered severely in killed, wounded, and prisoners: a considerable body crossed the stream, but were either killed, taken, or driven back. The woods at this place were very favorable to the operations of the militia. A whole company of the 76th regiment was here destroyed, the three lieutenants and twenty-seven men prisoners, the captain and the rest killed. I cannot forego the pleasure of here stating the gallant conduct of Captain M'Glassin, of the 15th regiment, who was ordered to ford the river, and attack a party constructing a battery on the right of the enemy's line, within 500 yards of Fort Brown, which he handsomely executed at midnight, with

fifty men; drove off the working party, consisting of 150, and defeated a covering party of the same number, killing one officer and six men in the charge, and wounding many. At dusk the enemy withdrew his artillery from the batteries, and raised the siege; and at nine, under cover of the night, sent off, in a great hurry, all the baggage he could find transport for, and also his ar tillery. At two the next morning the whole army precipitately retreated, leaving the sick and wounded to our generosity; and the governor left a note with a surgeon, requesting the humane attention of the commanding-general.

"Vast quantities of provision were left behind and destroyed, also an immense quantity of bomb-shells, cannon-balls, grape-shot, ammunition, flints, &c., entrenching tools of all sorts, also tents and marquees. A great deal has been found concealed in ponds and creeks, and buried in the ground, and a vast quantity carried off by the inhabitants. Such was the precipitance of his retreat, that he arrived at Chazy, a distance of eight miles, before we discovered he had gone. The light troops, volunteers, and militia, pursued immediately on learning of his flight, and some of the mounted men made prisoners five dragoons of the 19th regiment, and several others of the rear-guard. A continual fall of rain and a violent storm prevented further pur suit. Upwards of 300 deserters have come in. and many are hourly arriving. We have buried the British officers of the army and navy with the honors of war, and shewn every attention and kindness to those who have fallen into our hands. The conduct of the officers, non-commissioned officers, and soldiers of my command, during the trying occasion, cannot be represented in too high terms. (Signed) ALEX. MACOMB.

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"The loss of the enemy in killed, wounded, prisoners, and deserters, since his first appear ance, cannot fall short of 2,500.”

It is scarcely possible to conceive the degree of mortification and disappointment which the intelligence of this defeat created in Great Britain. Troops, which had been victorious in Spain and France; which had not only fought and conquered under Wellington, but which had received his particular commendation for their steadiness and bravery, had been defeated by the Americans, by men who could scarcely be called soldiers -who but a few months before had run from the Canadian militia:-and not only had the heroes of the Peninsula fled before such raw troops, but also before a very inferior force; since Sir George Prevost had at least 14,000 men, while the American army was not half that number.

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In Canada the complaints were loud and general against Sir George Prevost; and Sir James Yeo, who commanded his majesty's ships and vessels on the lakes, distinctly gave it as his opi