Page images
PDF
EPUB

The accused having in his final defence, protested against the jurisdiction 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 waver or consent of the accused, they decline making any formal decision on that charge. The evidence on the subject having, however, been publicly given, the court deem it proper, in justice to the accused, to say, that they do not believe from any thing that has appeared before them, that brigadier-general William Hull has committed treason against the U. States.

On the second charge, and the specifications attached to that charge, (after hearing all the evidence and defence, and after due deliberation thereon,) the court find brigadier-general William Hull guilty of the first, second and fourth specifications under that charge; and also guilty 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 their march towards the said fort Detroit."

The court find the said brigadier-general William 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-general William Hull guilty of neglect of duty, and unofficer-like conduct, as charged in the first specification under this charge, in omitting, with sufficient care and frequency, to inspect, train, exercise, and order, and to cause to be trained, inspected, exercised and ordered the troops under his command, from the sixth day of July, until the seventeenth day of August, 1812: and acquit him of the residue of the charge contained in that specification.

The court acquit the said brigadier-general William Hull of the second and third specifications of the same charge.

The court find the said brigadier-general William Hull guilty of the whole of the fourth specification of that charge, except that part which charges him with not seasonably repairing, fitting, and transporting, or causing to be fitted, re

paired, and transported, the guns and gun-carriages which were necessary to the operations of the war in the said British province of Upper Canada,

The court find the said brigadier-general William Hull guilty of so much of the fifth specification to that charge as relates to neglect of duty and unofficer-like conduct, in suffering his communication with the river Raisin and the state of Ohio, to be cut off, and sending major Van Horn to attempt to open the same with an adequate force; he the said brigadier-general William Huli, having reason to know or believe the same was insufficient; and the court acquit him of the residue of that specification.

The court find the said brigadier-general William Hull guilty of the sixth and seventh specifications of that charge, The court find the said brigadier general William Hull guity of the third charge.

The court then adjourned to meet to-morrow morning at 10 o'clock.

March 26, 1814,

The court met pursuant to adjournment.
PRESENT-All the members.

The court, in consequence of their determination respecting the second and third charges, and the specifications under these charges, exhibited against the said brigadiergeneral William 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 U States. The court then adjourned to meet on Monday morning next, at 10 o'clock

March 28, 1814.--The court met pursuant to adjournment.-PRESENT—All the members.

The proceedings having been read over, and approved and signed by the President, the court then adjourned, sine die. H. DEARBORN. President of the court.

M. V. BUREN, special judge advocate. PHILIP S. PARKER, Army judge advocate, assistant. April 25, 1814-The sentence of the Court is approved, and the execution of it remitted..

JAMES MADISON,

By directions of the court martial the President gave the following directions to General Hull :

Albany, March 28, 1814. Sir-You will please return to your usual place of residence in Massachusetts, and there continue until you shall receive orders from the President of the United States.

Your humble servant,

H. DEARBORN, President of the court martial. Adjt. and Insp. General's office, Washington Apr. 25, 1814. GENERAL ORDER The roll of the army is not to be longer dishonored by having upon it the name of brigadier General William Hull.

The general court martial of which Major-General Dearborn is President, is hereby dissolved. By order, J. B. WALBACH, Adjt. Gen.

PORTER'S VICTORY.

Capt. Porter to the Secretary of the Navy.

U. S. F. Essex at sea, August 17, 1812. SIR-I have the honor to inform you that on the 13th inst. his Britannic majesty's sloop of war Alert, Capt. T. P. Laugharne, ran down on our weather quarter, gave three cheers, and commenced an action (if so trifling a skirmish deserves the name) and after 8 minutes firing struck her colors, with 7 feet water in her hold, and much cut to pieces, and three men wounded.

I need not inform you that the officers and crew of the Essex behaved as I trust all Americans will in such cases, and it is only to be regretted that so much zeal and activity could not have been displayed on an occasion which would have done them more honor. The Essex has not received the slightest injury.

The Alert was out for the purpose of taking the Hornet! I have the honor to be, &c.

DAVID PORTER.

Capt. Porter to the Secretary of the Navy.

U. S. F. Essex, at sea, August 20. SIR-Finding myself much embarrassed by the Alert, from the great number of prisoners we have already made, [about 500] I concluded that before our arrival in America, the number would be considerably augmented, and as soon as I found my provisions and water getting short, and be

ing well satisfied that a plan had been organized by them for rising on the ship in the event of an engagement; I considered it to be the interest of my country to get clear of them as speedily as possible, particularly as I was well assured that immediately on their arrival in St. Johns an equal number of my countrymen would he released and find a sure and immediate conveyance. I therefore drew up written stipulations corresponding with the accompanying letters; threw all the guns of the Alert overboard; withdrew from her all the men belonging to the Essex; appointed Lieut. J. P. Wilner to command her as a cartel, put all my prisoners on board of her, and dispatched her for St. Johns, in Newfoundland, with orders to proceed from thence to New-York with such Americans as he may receive in exchange.

At a more suitable opportunity I shall do myself the honor to lay before you copies of every paper relative to this transaction, and sincerely hope that my conduct in this affair may meet with your approbation.

As the Essex has been so annoying about Bermuda, Nova Scotia, and Newfoundland, I expect I shall have to run the gauntlet through their cruisers; you may however rest assured that all a ship of her size can do shall be done, and whatever may be our fate, our countrymen shall never blush for us.

I have the honor to be, &c.

D. PORTER.

Capt. Taylor to Gen. Harrison.

FORT HARRISON, Sept. 10, 1812.

Dear Sir-On Thursday evening, the 3d inst. after retreat beating, four guns were heard to fire in the direction. where two young men (citizens who resided here) were making hay, about 400 yards distant from the fort. I was immediately impressed with an idea that they were killed by the Indians, as I had that day been informed that the Prophet's party would soon be here for the purpose of commencing hostilities. Prudence induced me to wait until 8 o'clock the next morning, when I sent out a corporal with a small party to find them, which he soon did; they had been each shot with two balls, and scalped and cut in the most shocking manner. I had them brought in and buried.

In the evening of the 4th inst. old Joseph Lenar, and between 30 and 40 Indians arrived from the Prophet's town, with a white flag; among whom were about ten women: the men were composed of chiefs of the different tribes that compose the Prophet's party. A Shawanoe man, that spoke good English, informed me that old Lenar intended to speak to me next morning, and try to get something to eat. At retreat beating, I examined the men's arms, and found them all in good order, and completed their cartridges to 16 rounds per man. As I had not been able to mount a guard of inore than six privates and two non-commissioned officers, for some time past, and sometimes part of them every other day, from the unhealthiness of the company; I had not conceived my force adequate for the defence of this post, should it be vigorously attacked. I had just recovered from a very severe attack of the fever, and was not able to be up much through the night. After tattoo I cautioned the guard to be vigilant, and ordered one of the non-commissioned officers, as centinels could not see every part of the garrison, to walk around on the inside during the whole night, to prevent the Indians taking any advantage of us, provided they had any intention of attacking us. About 11 o'clock, I was awakened by the firing of one of the centinels; I sprang up, run out, and ordered the men to their posts; when my orderly sergeant (who had charge of the upper block house) called out that the Indians had fired the lower block house (which contained the property of the contractor, which was deposited in the lower part, the upper part having been assigned to a corporal and ten privates, as an alarm post.) The guns had begun to fire pretty smartly from both sides. I directed the buckets to be got ready, and water brought from the well, and the fire extinguished immediately, as it was hardly perceivable at that time; but from debility or some other cause, the men were very slow in executing my orders-the word fire appeared to throw the whole of them into confusion; and by the time they had got the water, and broken open the door, the fire had unfortunately communicated to a quantity of whiskey (the stock having licked several holes through the lower part of the building, after the salt that was stored there, through which they had introduced the fire without being discovered, as the night was very dark,) and in spite

« PreviousContinue »