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and a palid cheek was not to be discover- Major General Wilkinson submits to ed from right to left. the council the following remarks:-The

I shall hold this point, to cover our fron-rapid and continued thaw has opened the tier; and, from its proximity to the ene- river, and must in a few days, from the my, keep him in check, and prevent his opinions of old inhabitants of respectabilisending more reinforcements to Upper ty, break up the lake. The larger porCanada. But I am constrained to make detachments to my rear by causes beyond my control.

1st. A sudden and continued thaw has opened the rivers, rendered the lake impassable, and in a few days must free it of ice.

2d. The enemy's squadron, from all the information I could collect, will be ready for operation in a week.

3d. Our squadron, from the best information I possess, will not be equipt for service before the next month.

Under these circumstances, he (the enemy) might by a sudden movement up the lake, with 800 or 1000 men, should our whole force be kept there, put our depots in danger, and make an attempt upon our squadron in dock.

tion of the enemy's flotilla is near Rouse's Point, prepared to enter the lake, and the whole will be ready for operation in a few days; they may anticipate our own flotilla, and in such case, should we hold possession of this point, the enemy, by a rapid water movement with a detachment of 800 or 1000 men, may reach Plattsburgh and destroy our depot: under these circumstances, the major general requests the opinion of the council, on the expedi ency of maintaining this position, or falling back to cover our magazines.

It is the opinion of the council, that we should cover our magazines at Plattsburgh.

ALEX. MACOMB, Brig. Gen.
T. A. SMITH, Brig. Gen.

D. BISSEL, Brig. Gen.

In this situation, I have not hesitated NOTE-It will be seen from this docufor the course to be pursued. Brig. Gen. ment, that in abandoning any repeated Macomb marched on the 3d inst. with a attack on Lower Canada, the opinions of detachment to resume his position at Bur-my general officers were with me. Jington for its protection, and another deJA. WILKINSON.

tachment marched yesterday to Platts- [Willing that Gen. Wilkinson shall burgh, for the defence of that place, under reap the full benefit of his appeal to the Col. Smith. Brigadier General Smith public, the editors have purposely abstainand Bissel, with the rifle corps and a pared from accompanying the preceding letty of dragoons, still occupy this position.ter with any comment, or vindication of The troops continue healthy and in the editorial remark to which it refers; regood spirits, and if I had at my disposal serving the right, in a future paper, to abthe necessary cannon, I would still form solve themselves from the charge of hava battery at Rouse's Point to command the ing promulgated an unjust imputation on Sorrel; but the obstruction of all prompt the military conduct of the general.] conveyance, by the unexpected relaxation of the season, has interposed the impediments suggested in my letter from Plattsburgh. A true extract.

JAMES WILKINSON.

From the Buffaloe Gazette, June 14. COLONEL CHAPIN TO THE PUBLIC. The distressing scenes exhibited on the NOTE-In this letter, it will be seen, ving excited many painful sensations and Niagara frontier last fall and winter, hathat the elements conspired to defeat my anxious inquiries for the causes which designs against the enemy, and that al-led to those disgraceful disasters, have inthough worn down and enfeebled by disease, I yielded only to the acts of God.

JA. WILKINSON.

Minutes of a council of war, holden at Champlain, 3d April, 1814.

PRESENT.

Brigadiers General Macomb,

Smith and
Bissell.

See letter of the 25th of March.

of the most conspicuous actors of those duced me to lay before the public, some base exploits.

While the American regular forces continued at Fort George, nothing occured to affect oursecurity, till that strange phenomenon, George M Clure, appeared. He with much pomp and parade, however, kept 'out of harm's way,' by riding up and down on the east side of the streights of

future operations. He took up his quar
ters at Buffaloe. A small force of about
200 regulars was called from Canandaigua,
which we should have supposed ought to
have been sent for the protection of Fort
Viagara, as that place was menaced by
he enemy. Instead of this, the general
ordered them to remain at Buffaloe. Fort
Viagara was taken on the morning of the
19th December, 1813.
The day pre-

zen,

Here

Niagara, till I had with a small force of volunteers, militia and Indians, routed the enemy from his encampment at the 4 mile creek. Then, this mighty man crossed the river with the wind of a Hull or Smyth, aided by the fætid strench of J. C. S. who| burst forth with terror and rage upon the defenceless inhabitants of Canada. Thes terrible heroes, however, very cautious! avoided any engagement with the enemy They conceived it sufficient for them tious, the general was informed by a citiwar with women and children, to lay wast who had made his escape fron Catheir dwellings; to "burn up the damn'dada, that an attack would be made on rascals," was their favourite maxim. Thei Fort Niagara at the time it was, march from Beaver Dam to Queenstown hen is something very remarkable in the will long be remembered by the distressed conduct of the general; instead of desvictims of that march. In this marchatching an express with this very imporproperty of almost every description was tant intelligence immediately, he omitted plundered, and buildings burnt under theit, if not altogether, till it was too late for own view. This, however, is a mere pre- the express to ride there. As soon as the lude to the tragedy he was afterwards des- capture of that post was known at Buffaloe, tined to act. the general removed himself and men from Buffaloe, to the Cold Springs, a distance of two miles. This movement appeared to e made in order that the redoubtable general should have time to retreat, without hearing the whistling of British halls, which, by the by, we suppose would have been very unpleasant to the general's organs of hearing, as he was totally unused

The ill-fated town of Newark was burnt under his orders, on the night of the 10th of December, 1813. Here was exhibited scene of distress, which language would be inadequate to express; women and children were turned out of doors, in a cold and stormy night; the cries of infants, the decrepitude of age, the debility of sickness. had no impression upon this monster into such sounds. human shape; they were consigned to the great house, whose canopy was the heavens, and whose walls were as boundless as the wide world.

* *

:

Here he remained a few

days; but finding from intelligence which he received from Canada, that the enemy were preparing to attack Buffaloe, he took up his line of march to Batavia, a disIn the destruction of this town, the tance of 40 miles: no doubt conceiving vulture M-Clure, was aided by the moshat a place of greater safety, as there he active exertions of Joseph Willcocks, that could nor hear the report of the enemy's * * * who had for a number of guns. From Batavia, I was told, that he years resided in this pleasant village, and made his retreat good to his residence in had been patronized in it far beyond his Steuben county, having covered himself merits and at a time when it became his and his associates with laurels of disgrace. duty as a man of justice, and as a subject As to his assertions, that he was fired of his majesty, whose government he had on by the men who he said were under so often sworn to protect and defend, he my command, I believe it to be perfectlike a cowardly sycophant, deserted they false. The inhabitants of Buffaloe all cause of his country, and actually led a felt deeply interested in the protection of banditti through the town on that fatal that place, apprehending full well the night, setting fire to his neighbours' dwel-consequences of an invasion of it by an lings, and damning every American, ap-enemy whose character heretofore had plying the epithet of tory to all who disap-been marked with acts of outrage and proved of this flagrant act of barbarity. cruelty, and who now was stimulated to It will be recollected, that this town was burnt at a time when the British forces were not in any considerable force within the distance of thirty miles.

The general next selected the American side of the Niagara for the theatre of

the most desperate measures of retaliation, by the conduct of McClure in burning of Newark. They repeatedly requested him to afford the necessary protection. The public are already acquainted with the protection he afforded. The ruins of

195

village of Buffaloe, Brig. Gen. M'Clure and his aids, and several gentlemen from Buffaloe and elsewhere, were there. In a conversation with Erastus Granger, Esq. this deponent heard General M'Clure, publicly declare, that he would take away the regulars and was going away himself.

the Niagara frontier; the tears of the State of New-York, Niagara County, ss. widow, and the cries of orphan children, still remain as a proof of the cowardice in the county of Niagara, being solemnly Asa Ransom, of the town of Clarence, and villainy of this man and his associates. sworn, deposeth and saith, that on the As it regards my self and the command twenty-third or fourth day of December I held in the army while it was under last past, he (this deponent) was at the M'Clure, I think proper to state the princi-house of Frederick Miller, near the late pal reason which induced me to resign. After having been repeatedly exposed to much danger by order of M'Clure, especially when he ordered me to the 30 mile creek, in Upper Canada; and while I remained there under his order with about 40 men, he said in presence of Mr. Curtis, whose affidavit I produced, " that he regretted I had not been taken by the enemy, that he wished I had been; that he hoped the damned rascal would be." Now the public will observe, that I was acting under the orders of M'Clure, and had taken a commanding position at that place. He ordered Colonel Hopkins, to command the men in the rear of me, who were twelve miles from that place. I was ordered to remain on the Forty, till I was reinforced; but contrary to the assurances which M'Clure had given me, Colonel Hopkins was ordered to remain twelve miles in the rear of me,

he meant to take away the ammunition, Judge Granger asked him if General M'Clure answered, that he did. Judge Granger observed, for God's sake don't do that, for we shall all be destroyed-Buffaloe will be burned and we shall have nothing to defend ourselves with: General M'Clure then said, I will stay and defend you, if the inhabitants will arrest and bind the damned rascal, (Chapin) and bring him to me; if they will not do that, they may all be destroyed, and I don't care how soon. further saith, that he had understood that And this deponent Should any person concerned, reply to lently about the burning of Newark, and McClure and Chapin had quarrelled viothese observations, further facts will be that animosity continued to the time of developed; meanwhile the public are re- General McClure's departure from Buffa quested to peruse the subjoined docu-loe, which was on or about the days ments-others are in my possession, and above mentioned. And further this de-. will be published.. ponent saith not.

CYRENIUS CHAPIN.

June 13, 1813. Niagara County, ss.

Sworn to, &c.

ASA RANSOM.

Niagara County, ss.

BENJAMIN CARYL, of Buffaloe, in the said county, being sworn, saith, that he was duely sworn say, that on or about the Dudly Frink and Jacob I. Fort, being in company with Captain Frank Hampton, twenty-third day of December last they of the 24th Regiment U. S. infantry, on were in company with Captain John A. or about the 3d day of January, last at Ba-Rodgers, of the 14th regiment of the U.S. tavia, and then and there heard the said infantry, then acting aid to Gen. M'Clure, Hampton declare, that he most cordially at Keys' tavern in Batavia; these derejoiced at the burning of the village of ponents heard the said Rodgers solemnBuffaloe-that he regretted the loss of ly declare in the presence of a number of two or three of its inhabitants only; and in the same conversation he heard him say, that he wished he had the power of God Almighty, he would exercise the same in damning the greater part of the inhabitants of Buffaloe to all eternityfarther this deponent saith not.

BENJAMIN CARYL. Sworn to before me this 14th day of March, 1814, Samuel Tupper, first judge of common pleas for Niagara county.

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other gentlemen, that he wished to God that Buffaloe was burned, and that he would give one hundred dollars to any person that would bring him information, that Buffaloe was actually burned. And further these deponents say not..

DUDLEY FRINK,
JACOB I. FORT.

State of New-York, county of Niagara, ss.
Sworn to, &c.

Nehemiah Secley, late a resident of the

village of Buffaloe, being solemnly sworn on ruinous conditions. Our manufacturers saith, that on the twenty-second or third shall flourish again; our maritime towns again day of December last, he, this deponent, spring up; and every thing promises us, that had a conversation, at the house of Fre-a long calm abroad, and a durable felicity, at derick Miller near Buffaloe with Donald home, will be the happy fruits of the peace. A distressing recollection always disturbs Frazer, a lieutenant in the regular ser my joy. I flattered myself that I was born vice, who was then acting as an aid to to remain for life a faithful subject of the best General M'Clure-in which conversation of kings; and, I this day occupy his place! the said Frazer said, that if Buffaloe But he is not wholly dead. He lives again in should be burned, he had no doubt the that testament which he destined for the ininhabitants would be remunerated by gostruction of the august and unfortunate child vernment-that he believed it would be whom succeed. With my eyes fixed on that instrument, an advantage to the country to have it penetrated with the sentiments that dictated burned, it would make hundreds of sol-it, guided by the experience and assisted by diers, it would stimulate men to enlist to the counsels of many among you, I have digestprosecute the war with more vigoured the constitutional charter, which is now to he said, if he had a house in Buffaloe he be read, and which places on solid bases the should be glad to see a fire brand in it in prosperity of the state. two minutes. And further said not. NEHEMIAH SEELEY. Sworn to, &c.

NEW CONSTITUTION OF FRANCE. PARIS, JUNE 4.-The king with his attendants repaired this day to the hall of the legislative body. Salvos of artillery at half past two announced the arrival of his majesty. The king addressed the assembly as follows.

My chancellor will make known to you more in detail, my paternal intentions.

[It would be as difficult to describe with what profound emotion, with what an impression of affection and gratitude the speech of his majesty was heard, as it would be to give a just idea of the at once, noble and moving expression, the paternal accent, the impressive tone, and the contagious sensibility with which it was pronounced. Reiterated acclamation of the assembly and new cries of long live the GENTLEMEN-When for the first time Iking, arose from every side. come within these walls, surrounded by the The king ordered the chancellor of France to grand bodies of state, the representatives of make a communication of the constitutional a nation which is prodigal in the affecting de-charter. The meeting then assumed a new monstration of its love to me, I felicitate mycharacter. The nation was about to be ac-. self in having become the disposer of the bless- quainted with its rights and duties. The ing swhich has it pleased Providence to grant most profound silence reigned anew. to my people..

DECLARATION OF THE KING.

Louis, by the grace of God, king of France and Navarre, to all to whom these presents may come-Greeting:

I have made a treaty of peace with Austria, Russia, England and Prussia, in which their allies are included, viz. the Princes of Christendom. The war was universal: the Deconciliation is equally so. Divine Providence, in recalling us to our The rank which France always occupied states after a long absence, has imposed upon among nations is not transferred to any other, us great obligations. Peace was the first want and it remains without division. All the se-of our subjects; to this we have been devoted curity which the other powers have acquir-without relaxation; and this peace, as necesed equally increases here; and consequently sary to France as to the rest of Europe, is signadds to her real power. The failing to preserve ed. A constitutional charter was solicited by our conquests therefore ought not to be regarded as a retrenchment of our real force.

The glory of the French arms has received no diminution. The monuments of their valour still remain, and the master pieces of the arts belong to us henceforth by rights more stable than those of victory.

The avenues of commerce, so long closed, shall be laid open. The market of France shall be no longer open solely to the production of its own soil and industry. Those of which habit has created a need, or which are necessary to the arts which she carries on, will be furnished by the possessions which she Dow recovers. She will no longer be compelled to be deprived of them, or to obtain them

the existing administration of the kingdom; we have promised one, and we now publish it. We have considered that although in France all authority resides in the king, our predecessors have not hesitated to modify the exercise of it, according to the variations of the times. Thus the people owe their affranchisement to Louis the Fat the confirmation and extension of their rights to St. Louis and Philip the Handsome; the order of the judiciary was ' established and developed by Louis XI. Henry II. and Charles IX; and in fine, Louis XVI. regulated almost every part of the public administration by different decrees, the wisdom of which nothing has surpassed.

We owe it to the example of the kings, our

swearing to support it, with new solemnity, before the altars of Him who weighs in the same balance kings and nations.

predecessors, to appreciate the effects of the always accelerating advancement of knowJedge, of the new relations which this advancement has introduced into society, of the direc- For these reasons we have voluntarily, and fion given to the mind within half a century, in the free exercise of our royal authority, and the important alterations which have re-granted, and do grant, make concession and sulted from it; we have considered that the release to our subjects, as well for ourselves desire of our subjects for a constitutional char-as for our successors, the constitutional charter was the expression of a real want; but inter which follows:→→ yielding to this desire, we have taken every precaution that this charter should be worthy

Public Rights of the French people. of us and of the people whom we are proud to eye of the law, whatever otherwise are their ART. 1. The French people are equal in the command; wise men, selected from the first bodies in the state, have been united with the commissioners of our council, to labour upon this important work.

titles and ranks.

proportion to their fortune, to the expenses of 2. They contribute without distinction, in

the state.

and military employments.
3. They are all equally admissible to civil

6. In the mean time the catholic apostolic and Romish religion is the religion of the

state.

At the same time that we acknowledge that a free and monarchical constitution ought to satisfy the expectation of enlightened Euope, we ought to remember that our first du-anteed: no person can be prosecuted or ar 4. Their individual liberty is equally guarty towards our people is to preserve, for their own interest, the rights and prerogatives of rested, but in cases provided by the law, and in the forms which that prescribes. our crown. We have hoped, that, instructed by experience, it will be acknowledged that 5. Every one professes his religion with Supreme authority alone can give to the insti-equal liberty, and enjoys the same protection tutions which it establishes, the power, perin his worship. manence and majesty with which it is itself clothed; that when the wisdom of kings yields freely to the will of the people, a constitutional charter may be of long duration; but when violence wrests concessions from the weakness of government, public liberty is not less in danger than the throne itself. We have in fine sought for the principles of the constitutional charter in the French character and in the venerable monuments of past ages. Thus we have seen in the renewal of the peerage, an institutiou truly national, and 9. All property is inviolable, without any, one which ought to bind together all recollec-exception of that which is called national, the tion and all hopes, in uniting ancient and molaw making no distinction. dern times.

and romish religion, and those of other modes 7. The ministers of the catholic apostolic of christian worship, receive support from the royal treasury alone.

lish and print their opinions, in conformity to 8. The French people have the right to pubthe laws which ought to repress the abuse of this liberty.

tribunals and on citizens.

mode of recruiting for land and sea service is 12 The conscription is abolished. The determined by law.

Form of the king's government. 13. The person of the king is inviolable and sacred. His ministers are responsible. To the king alone belongs the executive power.

10. The state can demand the sacrifice of We have substituted the house of deputies individual property for the public benifit gal for those ancient assemblies of the Champ de ly provided; but with a previous indemnity. Mars and de Mai, and those chambers of the 11. All inquiries into the opinions or votes three states, which have so often given, in sud-given, up to the time of the restoration, are den emergencies, proofs of zeal for the inter-forbidden. The same oblivion is enjoined on ests of the people, and fidelity and respect for the anthority of kings. In endeavouring thus to renew the chain of times which fatal errors had broken, we have effaced from our recolicotion, as we wish it were possible to efface them from history, all the calamities which have afflicted our country during our absence. Happy to find ourselves in the bosom of the great family, we know not how to respond to the love of which we receive so many testimonials, bat by pronouncing the words of peace and consolation. The wish nearest our heart, is that all Frenchmen may live as brothers, and that no bitter recollection may ever disturb the security which ought to result from the solemn act which we this day grant to them. Sure of our intentions and fortified by our conscience, we engage before the assembly that now listens to us, to be faithful to this constitutional charter; with the proviso of

14. The king is the supreme chief of the state, commands the forces by land and sea, declares war, makes treaties of peace, alliance and commerce, appoints to all employments of public administration, and makes the regula tions and decrees for the execution of the laws and the safety of the state.

15. The legislative power is exercised collectively by the king, the house of peers, and the house of deputies of departments,

16. The king proposes the law.
17. The proposition of a law is carried, at

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