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Declaration of Hosti

lities.

these attempts, however, of the moderate vernment, appeared as if it had been dicparty were unsuccessful, as we have shown, tated by the parties, who for six months and but resulted in the final declaration of before had been equipping their fastest veshostilities, in June, 1812. sels as privateers, and who well knew that their best chance of securing easy and rich We introduce here prizes lay in intercepting the last of the both the acts declara- homeward bound West India men for that tory of hostilities on both sides, although year; as, when once the declaration of war one preceded the other nearly four months; should be fully made known, no vessels would but it may be interesting to the reader to be permitted to run without convoy; and mark the spirit of the two declarations- thus the chances of the smaller class of the one, short, uncompromising, and leav- privateers securing prizes would be mateing no choice whatever to the British Go

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* An Act declaring War between the United Kingdom of Great Britain and Ireland, and the Dependencies thereof, and the United States of America, and their Territories.

Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, that war be, and the same is hereby declared to exist, between the United Kingdom of Great Britain and Ireland, and the Dependencies thereof, and the United States of America and their Territories; and that the President of the United States be, and is hereby authorised, to use the whole land and naval force of the United States, to carry the same into effect; and to issue to private armed vessels of the United States commissions or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects of the government of the said United Kingdom of Great Britain and Ireland, and the subjects thereof.

JAMES MADISON.

June 18, 1812.-Approved.

Declaration of War against America--at the

Court of Carlton-House, October 13, 1812 present, His Royal Highness the Prince Regent in Council.

Whereas, in consequence of information having been received of a declaration of war by the United States government against His Majesty, and of the issue of letters of marque and reprisal by the said government, against His Majesty and his subjects, an Order in Council, bearing date the 31st of July last, was issued, directing that American ships and goods should be brought in and detained till further orders; and whereas His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, forbore at that time to direct

letters of marque and reprisal to be issued against the ships, goods, and citizens of the said United States of America, under the expectation that the said government would, upon the notification of the Order in Council, of the 23rd of June last, forthwith recall and annul the said declaration of war against His Majesty, and also annul the said letters of marque and reprisal.

And whereas the said government of the United States of America, upon due notification to them of the said Order in Council, of the 23rd of June last, did not think fit to recall the said declaration of war and letters of marque and reprisal, but have proceeded to condemn, and persisted in condemning the ships and property of His Majesty's subjects, as prize of war, and have refused to ratify a suspension of arms agreed upon between Lieutenant-General Sir George Prevost, His Majesty's Governor-General of Canada, and General Dearborn, commanding the American forces in the northern provinces of the United States, and have directed hostilities to be recommenced in that quarter.

His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, and with the advice of His Majesty's Privy Council, is hereby pleased to order, and it is hereby ordered, that general reprisals be of the United States of America, and others granted against the ships, goods, and citizens inhabiting within the territories thereof (save and except any vessels to which His Majesty's license has been granted, or which have been directed to be released from the embargo, and have not terminated the original voyage on which they were detained or released,) so that as well His Majesty's fleets and ships, as also all other ships and vessels that shall be commissioned by letters of marque or general reprisals, or otherwise by His Majesty's commissioners for executing the office of Lord High Admiral of Great Britain, shall or may lawfully seize all ships, vessels, and goods belonging to the government of the United States of America, or the citizens thereof, or others

rially lessened. East Indiamen, it was Before, however, commencing our account well known, were beyond the mark of any of the various warlike proceedings which cruisers but those of considerable force, and almost immediately commenced, it would subsequent events showed that the harvest be as well for us to take a brief review of of prizes in this field was but inconsider- the actual position in which Canada stood able. The declaration of the British Govern- at the breaking out of the war,-to examine ment is noteworthy, for the moderation into her means of defence, and to endeavour which even at that last stage it evinced, to ascertain, if possible, the causes which nothing can more clearly mark the spirit which then actuated the British Council, or more satisfactorily demonstrate their unwillingness to precipitate hostilities. Having, however, fairly disposed of the question, we will now turn to Canada, and take up, in order, the events which then shook to its core that, as yet, infant state.

could have led to the belief, so universally held by their neighbours, that Canadians, as a body, might be considered as disaffected; and Canada as not unwilling to assist in the cause of annexation.

inhabiting within the countries, territories, and dominions thereof (except as aforesaid; and that such powers and clauses be inserted in the said commission as have been usual, and are according to former precedents; and they are likewise to prepare and lay before His Royal Highness the Prince Regent, at this board, a draught of such instructions as may be proper to be sent to the Courts of Admiralty in His Majesty's Foreign Governments and Plantations, for their guidance herein; as also another draught of instructions for such ships as shall be commissioned for the purpose above-men

inhabiting within the Territories thereof, and bring the same to judgment in any of the Courts of Admiralty within His Majesty's dominions; and to that end His Majesty's Advocate-General, with the Advocate of the Admiralty, are forthwith to prepare the draught of a commission, and present the same to His Royal Highness the Prince Regent, at this board, authorising the Commissioners for executing the office of Lord High Admiral, or any person or persons by them empowered and appointed, to issue forth and grant let-tioned. ters of marque and reprisals to any of His Majesty's subjects, or others whom the said His Royal Highness the Prince Regent is Commissioners shall deem fitly qualified in that nevertheless pleased hereby to declare, in the behalf for the apprehending, seizing, and taking name and on the behalf of His Majesty, that the ships, vessels, and goods belonging to the nothing in this order contained shall be underUnited States of America, or the citizens stood to recall or affect the declaration which thereof, or others inhabiting within the His Majesty's Naval Commander on the Americountries, territories, or dominions thereof, can station has been authorised to make to the (except as aforesaid,) and that such powers and United States of America-namely, that His clauses be inserted in the said commission as Royal Highness, animated by a sincere desire have been usual, and are according to former to arrest the calamities of war, has authorised precedents; and His Majesty's Advocate- the said Commander to sign a convention, General, with the Advocate of the Admiralty, recalling and annulling, from a day to be are also forthwith to prepare the draft of a named, all hostile orders issued by the respeccommission, and present the same to His Royal tive governments, with a view af restoring, Highness the Prince Regent, at this board, without delay, the relations of amity and comauthorising the said Commissioners for execut-merce between His Majesty and the United ing the office of Lord High Admiral to will and States of America, require the High Court of Admiralty of Great Britain, and the Lieutenant and Judge of the said Court, his Surrogate or Surrogates, as also the several Courts of Admiralty within His Majesty's dominions, to take cognizance of, and judicially proceed upon all and all manner of captures, seizures, prizes, and reprisals of all ships and goods that are or shall be taken, and to hear and determine the same, and, according to the course of Admiralty and the laws of nations, to adjudge and condemn all such ships, vessels, and goods as shall belong to the government of the United States of America, or the citizens thereof, or to others

From the Court of Carlton-House, the 13th of October, 1812.

(Signed)

CASTLEREAGH.

N. VANSITTART.
CHARLES LONG.

LIVERPOOL.

BATHURST.

MELVILLE.

SIDMOUTH.

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THE RT HONBLE ROBERT BANKS JENKINSON, EARL OF LIVERPOOL, K G. &c.

Амирил

FISHER 3ON No 0 LONDON 1830

Spirit which actuated

Canadians, although, disloyal at that period.

from a knowkedge of their weakness, it might lead them to deprecate

We may fairly deduce hostilities-yet, not ad- this fact, as far

Brock's despatches.

66

Canadians were not affairs, were easily betrayed into error. That General Brock, at all events, saw no reason to induce a change of opinion, is as pretty evident, if we may judge from the verse to Great Britain. Upper Canada is con- tone of his despatch, of 16th May, to Sir cerned, from the tenor of General George Prevost, the Governor-General :Even so far back as Every one with whom I have had an 12th February, 1812, we find him writing opportunity of conversing, assures me that to Colonel Baynes, the Adjutant-General, an exceedingly good disposition prevails "I have reason to look for the acquiescence among the people." The soundness of this of the two Houses to every measure I may opinion was most triumphantly established think necessary to recommend, for the peace by subsequent events,-not the least imand defence of the country. A spirit has portant of which was, that as soon the Militia manifested itself little expected by those Bill, but slightly modified, was passed, who conceived themselves the best qua- although a clause had been introduced, lified to judge." Even in speaking of authorizing the raising of flank companies, those who were considered, if not hostile, to be trained at least six times in each month, to be, at least, indifferent to British interests, the Lieutenant-Governor remarks: "I do not, of course, think it expedient to damp the ardour displayed by those once doubtful characters. The most powerful opponents to Governor Gore's Administration take the lead on the present occasion. Some opposed Mr. Gore evidently from personal motives, but never forfeited the right of being numbered among the loyal. Few, very few are actuated by base or unworthy considerations; their character will very soon, however, be put to a severe test. The measures which I intend to propose are-1.‘A Militia Supplementary Act; 2. The Suspension of the Habeas Corpus;' 3. An Alien Law; 4. An Act for the better apprehension of deserters.'

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and although the inhabitants knew that they would have to go to a great distance to attend parade, would be liable to heavy expense, and be subject to no inconsiderable privations, the flank companies, in the districts in which they were established, were instantly completed with volunteers; and, indeed, an almost unanimous disposition to serve was evinced. Now, this feeling was manifested at a time when the prospects of the Colony were most gloomy, and when the almost defenceless condition of the Province was but too apparent,-at a time when the Governor, on whose judgment so much depended, was forced to acknowledge, that although every man capable of carrying a musket, along the whole of the line, should be prepared to act, he had not a musket more than would suffice to arm part of the militia from Kingston westward."

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Now, although General Brock found himself beaten, in the House of Assembly, on both the Militia and Habeas Corpus Acts, The advices from England at this juncyet we find, in the reasons he assigns, no ture were also equally dispiriting, so much ground to change our opinion. On the con- so, that, about this time, Col. Baynes is trary, he distinctly attributes the miscarriage found expressing himself, "Sir Geo. Prevost of these two measures the first was lost by has directed me to inform you, that unless the casting-vote of the chairman, and the reinforcements arrive from England, (of second by an almost equally trifling majo- which his Excellency is not sanguine, as the rity-to the strong sentiment that prevailed, prevailing apprehension in England seems that war was not likely to occur with the to be, that hostilities would not ensue on United States; an opinion which was care- this continent; and as, moreover, the pledge fully disseminated by the numerous settlers held out in the Prince Regent's speech, of from that country, and which tended mate- supporting with energy the contest in Porrially to influence the votes of the mem-tugal and Spain, renders it little likely that bers, or of such of them at least as, by troops will be sent to this quarter,) although their ignorance of the real position of he may be very desirous to render you any

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