Page images


Colonel Symmes, of the senior division of the Ohio militia, presents his respectful compliments to Major-General Brock, commanding his Britannic majesty's forces, white and red in Upper Canada.

Colonel Symmes, observing, that by the 4th article of the capitulation of Fort Detroit to Major-General Brock, all public arms moving towards Fort Detroit, are to be delivered up, but as no place of deposit is pointed out by the capitulation, forty thousand stand of arms coming within the description, are at the service of Major-General Brock if his excellency will condescend to come and take them.


Adjt. and Inspt. Gen. Office, Washington, April 25, 1814. GENERAL ORDER.

The proceeding of the court martial, in the case of Wm. Hull, brigadeir-general in the army of the U. States, having been submitted to the President of the U. States, and having been approved by him, the following extract therefrom is ordered to be read at the head of each regiment of the army, and to be published in the National Intelligencer of this city. By order,


J. B. WALBACH, Adjt. General. At a general court martial (ordered by the President of the U. States) convened at Albany, in the state of N. York, on the 3d day of January, one thousand eight hundred and fourteen, and continued by adjournments, to the twentyfifth day of March following, brigadier-General Wm. Hull, of the army of the U. States, was tried on the following charges and specifications, viz:

CHARGE I.-Charged Gen. Hull with treason against the U. States, between the 9th of April and 17th, of August, one thousand eight hundred and twelve.

Specification first.-Charged Gen. Hull with hiring an unarmed vessel, to convey his baggage, and papers, with the Declaration of War, his muster rolls, and instructions from the Secretary of War, from the Miami of the Lake to Detroit, for the purpose of falling into the hands of the British, which they captured the same day. with all on board; and of holding traitorous correspondence with the enemy on the first day of July, 1812, while at the said Miami of the Lake,

Specification second.-Charged Gen. Hull, of unofficerlike and traitorous conduct, in neglecting to march his whole army, after he arrived at Sandwich, and take, or attempt to take fort Malden; and finally in conspiring with our enemies to quit and abandon the Province of Upper Canada on the 8th day of August; and of again holding correspondence with our enemies, and causing the army to recross the river to Detroit.

Specification third.-Charged Gen. Hull of traitorously conspiring and shamefully surrendering fort Detroit, with all the troops public stores, arms, and public Documents, on the 16th day of August, 1812, to the British forces.

CHARGE II.-Charged Gen. Hull with cowardice, at and in the neighbourhood of Detroit between the 1st of July, and the 17th of August, 1812,

Specification first.-Charged Gen. Hull with misbehaviour before the enemy, and shamefully manifesting an undue fear and apprehension of danger by a course of conduct and conversation evincing personal alarm, agitation of mind, and privation of judgment by hastily abandoning their territory, without any just or sufficient cause whatever. Specification second.-Charged Gen. Hull on the 15th of August with personal misbehaviour and fear before the enemy, after they had commenced their cannonade on Detroit, by a course of conduct, and particularly by various timid and cowardly actions and expressions used and uttered in the presence of the army, as well in the public street of Detroit. as in posts and batteries near thereto.

Specification third.- Charged Gen. Hull on the 15th of August, with personal fear and cowardice, by avoiding all personal danger, or making an attempt, to prevent the enemy's crossing the river, or to prevent their landing by avoiding all personal danger, from reconnoitering or encountering the enemy on their march towards fort Detroit, and by hastily sending flags of truce to the enemy with overtures for capitulation; by anxiously withdrawing his person from the American troops to a place of safety; by forbidding the artillery to fire on the enemy; by calling in the troops, and crowding them into the fort; by a precipitate declaration to the enemy that he surrendered, before terms of capitulation were signed, considered, or even suggested. Specification fourth.-Charged Gen. Hull, with shame

fully and cowardly surrendering a fine army, in high spirits, well supplied with ammunition, arms, and provisions, by a disgraceful capitulation with the enemy, containing no stipulation for the security and protection of such of the inhabitants of Upper Canada, as had joined the American standard; whereby the territorial sovereignty, rights, and property, were shamefully ceded to the enemy; a brave and patriotic army wantonly sacrificed to the personal fear of the commander, and the service of the U. States suffered a great and afflicting loss.

CHARGE III-Charged Gen. Hull with neglect of duty and unofficerlike conduct, while commanding a separate army, between the 9th of April, and the 17th of August,


Specification First-Charged Gen. Hull with unofficerlike conduct, in neglecting and omitting to train, inspect, exercise, and order, the army under his command, whereby the army was exposed, to the hazard of disorder and de-. feat, in the event of an attack being made thereon by the enemy.

Specification Second-Charged Gen. Hull with neglect of duty and unofficerlike conduct, by hiring, or causing to be hired, an unarmed vessel to convey his baggage and pa pers, with his sick soldiers, and medicine stores, to Detroit, from the Miami of the Lake, on which passage the vessel and all on board fell into the hands of the enemy, informing him of the declaration of war, and the number, state, and condition of the army, to the great injury of the U. States.

Specification Third-Charged Gen. Hull with neglect of duty in neglecting to repair fort Detroit, and its arma ́ment, on his arrival, in such a manner as to be able to repel, and put to flight an enemy, in the event of an invasion and attack.

Specification Fourth-Charged Gen. Hull, with declaring and avowing an intention to invade the British province, and to invest and attack fort Malden, in the said province, and having taken possession of Sandwich, was guilty of neglect of duty, and unofficerlike couduct, in neglecting, seasonably to repair, and have transported the guns, and gun carriages, which were necessary for the operations of the army against fort Malden; by postponing in the first

instance, and by abandoning in the next, an investment and attack upon fort Malden; and finally evacuating Upper Canada, without providing effectually in any respect, for the safety of the inhabitants thereof, who had accepted his invitation to join the American standard: and without attempting to accomplish his avowed design.

Specification Fifth-Charged Gen. Hull, of neglect of duty by not keeping open the communication between fort Detroit, and a military post at the river Raisin, which enabled the enemy totally to interrupt, and cut off all communications between said military posts, to the great disadvantage of the U. States service.

Specification Sixth-Charged Gen. Hull, with neglect of duty, in neglecting and omitting to maintain a bridge over the river Aux-'Cannard, which afforded a fair opportunity for investing, and attacking fort Malden, whereby a prospect of a successful investment and attack upon the fort speedily vanished.

Specification Seventh-Charged Gen. Hull, with neglect of duty in not erecting batteries at the spring Wells, or preventing the enemy from erecting them on the opposite side of the river, whereby they were enabled to annoy fort Detroit, and to protect their army across the river, and enabled them to attack fort Detroit without opposition or loss, and to approach the said fort Detroit with the air and confidence of triumph.

A. J. DALLAS, Judge Advocate. January 5, 1814.-The court met at the capitol pursuant to adjournment.

PRESENT-All the members. General Hull having appeared, the charges and specifications were read to him by the judge advocate, and being asked if he was ready to plead to them, answered that he was, and that he pleaded not guilty to all the charges and specifica


March 25, 1814.

All the evidence being read, (whether on the part of the prosecution or the defence,) 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 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 terable, 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.

[ocr errors]

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

« PreviousContinue »