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The inclosed detail will show your excellency what, under this requisition, will be the quota of As far as volunteer uniform companies can be found, they will be preferred.

lous island, possessing every advantage | tain states to organize and hold in readiof security and supplies for vessels; and ness, for immediate service, a corps of which, of all others, is the most happily ninety-three thousand five hundred men, situated as respects climate and local posi-under the laws of 28th February, 1795, tion. I do declare, that I have, in the and 18th of April, 1814. most solemn manner, under the American flag, displayed in Fort Madison, and in the presence of numerous witnesses, taken possession of the said Island, called Madison's Island, for the use of the United States, whereof I am a citizen; and that The expediency of regarding (as well the act of taking possession was announ- in the designations of the militia as of ced by a salute of 17 guns from the artille- their places of rendezvous) the points, the ry of Fort Madison, and returned by the importance or exposure of which will be shipping in the harbour, which is hereaf-most likely to attract the views of the eneter to be called Massachusetts Bay. And my, need but be suggested. that our claim to this Island may not be A report of the organization of your hereafter disputed, I have buried in a bot-quota, when completed, and of its place fle at the foot of the flag staff, in Fort or places of rendezvous will be acceptaMadison, a copy of this instrument, to- ble. gether with several pieces of money of the coin of the United States.

In witness whereof, I have hereunto affixed my signature, this 19th day of November, 1813.

Witnesses present,

D. PORTER.

JNO. DOWNES, Lt. U. S. N.
JAS. P. WILMERT, do.

S. D. M' KNIGHT, do.

DAVID P. ADAMS, Chaplain U. S. N.
JNO. M. GAMBLE, Lt. Ma. U. S. N.
RICH'D. K. HOFFMAN, Ac. Sur. U.S. N.
WM. SMITH, Master of the Am. ship
Albaiross.

WILSON P. HUNT, Agent for the Ameri-
can North Pacific Fur Company.
JNO. M. MAURY, Mid. U. S. N.
P. DE MESTU, Citizen of the U. S.
BENJAMIN CLAP,

do.

M. N. BOSTWICK, Ac. Mid. U. S. N.
JNO. G. COWELL, Lt. U. S. N-
H. H.O.DENHEIMER, Ac. S. M. U.S. N.

War Department, July 4, 1814. SIR-The late pacification in Europe offers to the enemy a large disposable force, both naval and military, and with it the means of giving to the war here, a character of new and increased activity and extent.

Without knowing with certainty, that such will be its application, and still less, that any particular point or points will become objects of attack, the president has deemed it advisable, as a measure of precaution, to strengthen ourselves on the line of the Atlantic, aud, (as the principal means of doing this will be found in the militia,) to invite the executives of cer

I have the honor to be, with very great respect, your excellency's most obedient and very humble servant.

His excellency the governor of Detail for militia service uuder the requisition of July 4, 1814

New-Hampshire, 350 artillery, 3,150 infantry, total 3,500; three regiments and one battalion. One major gen. two brig. gens. 1 dep. qr. mas. gen. one assist. adjt. gen.

Massachusetts, 1,000 artillery, 9,000 infantry, total 10,000; ten regiments. Two maj. gens. 4 brig. gens. 1 dep. qr. mas. gen. 3 assist. dep. qr. mas. gens. and 2 assist. adjt. gens.

Rhode-Island, 50 artillery, 450 infantry total 500; one battalion.

Connecticut, 300 artillery, 2,700 infan try, total 3,000; three regiments. One maj. gen. 1 brig. gen. 1 dep. qr. mas. gen. 1 assist. adjt. gen.

New-York, 1,350 artillery, 12,150 infantry, total 13,500; thirteen regiments and one battalion. Three maj. gens. 7 brig. gens. 1 dep. qr. mas. gen. 6 assist. dep. qr. mas. gens. and 3 assist. adjt. gens.

New-Jersey, 500 artillery, 4,500 infantry, total 5,000; five regiments. One maj. gen. 2 brig. gens. 1 dep. qr. mas. gen. 1 assist. dep. qr. mas. gen. and 1 assist. adjt. gen.

Pennsylvania, 1,400 artillery, 12,600 infantry, total 14,000; fourteen regiments. Three major gens. 7 brig. gens. 1 dep. quar. mas. gen. 6 assist. dep. qr. mas. gens. and 3 assist. adjt. gens.

Delaware, 100 artillery, 900 infantry, total 1000; one regiment.

Maryland, 600 artillery, 5,400 infantry, total 6,000; six regiments. One maj. gen 3 brig. gens. 1 dep. quar. mas. gen. 1 assist. dep. qr. mas. gen. and 1 assist. adjt. gen.

Virginia, 1,200 artillery, 10,800 infantry, total 12,000; twelve regiments. Three major gens. 6 brig. gens, 1 dep. quar. mas. gen. 5 assist. dep. qr. mas. gens. and 3 assist. adjt. gens.

North-Carolina, 700 artillery, 6,300 infantry, total 7,000; seven regiments. One major gen. 3 brig. gens. 1 dep. qr. mas. gen. I assist. dep. quar. mas. gen. and 1 assist. adjt. gen.

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That considering the important sup plies of bread stuffs, which from the evidence it appears the enemy's forces deri ved from the flour manufacturing mills at and near to Dover, Col. Campbell was warranted in destroying those mills according to the laws and usages of war, and, for a like reason, the court think him justified in burning the distilleries under the said laws and usages. The saw mills and carding machine, from their contiguity to the other mills, were, as the court con

South-Carolina, 500 artillery, 4,500 infantry, total 5,000; five regments. One major gen. 2 brig. gens. 1 dep. quar. mas. gen. 1 assist. dep. qr. mas. gen. and 1ceives, necessarily involved in one and the assist. adjt. gen. same burning.

Georgia, 350 artillery, 3,150 infantry, total 3,500; three regments and one battalion. One major gen. 2 brig. gens. 1 dep. quar. mas. gen. 1 assist. dep. qr. mas. gen. and I assist. adjt. gen.

Kentucky, 5,500 infantry, 5,500; five regiments and one battalion. One major gen. 2 brig. gen's. 1 dep. quar. mas. gen. I assist. dep. qr. mas. gen. and 1 assist. adjt. gen.

Tennessee, 2,500 infantry, 2,500; two regiments and one battalion. One brig. gen. 1 assist. dep. quar. mas. gen. 1 assist, adjt, gen,

Louisiana, 1000 infantry, total 1000; one regiment. Mississippi Territory, 500 infantry, total 500; one battalion, Louisiana and Mississippi, 1 brig, gen, and I assist, dep, qr mas, gen.

1640

GENERAL ORDER.

Adjutant General's Office, Left Division: BUFFALO, June 19, 1814. A court of inquiry will be instituted, under the direction given by the president of the United States-" to be composed of a president, two members and a recorder, for the purpose of inquiring into the conduct of Colonel Campbell during his late expedition to Long Point, and particularly as to the burning of the town of Dover in Upper Canada.

"The court will report its opinion on the case."

Brigadier General Scott will sit as president.

Major Jesup, of the 25th infantry, and Major Wood, of the engineers, as meinbers.

In respect to the burning of the dwelling and other houses in the village of Dover, the court are fully of an opinion that Col. Campbell has erred; that he can derive no justification from the fact that the owners of these houses were actively opposed to the American interests in the present war, or from the other fact, that some of them were at the conflagration of Buffalo. In their partisan services it does not appear to the court, that the inhabitants of Dover have done more than their proper allegiance required of them; and the destruction of Buffalo by a lieut. general of the enemy's regular forces was emphatically the wrong of the British government itself, rendered such by its subsequent adoption of the measure, and ought not be ascribed to a few Canadians who were present at the time.

The court in delivering the above opinion unfavorable to Col. Campbell, are fully aware of the strong incentives to a just indignation which must have been present to his mind at the time of his visit to Dover. The massacres of the Raisin and Miami were not yet forgotten, and the more recent devastation of the entire Niagara frontier, accompanied by many acts of savage barbarity, was fresh in remembrance. That these recollections should have aroused his feelings and have swayed his judgment does not excite wonder, but regret, and their is still left for admiration his kind and amiable treatment of the women and children of Dover, abandoned by their natural protectors.

W. SCOTT, brig. gen.

President of the court.

VOL. II.

NEW-YORK, SATURDAY, JULY 23, 1814.

PRINTED AND PUBLISHED EVERY SATURDAY,
BY BARENT GARDENIER,

NO. 34 CEDAR-STREET;

AT FIVE DOLLARS PER ANNUM.

TO THE EDITOR OF THE EXAMINER.

SIR.-The able editor of the Evening Post has had the goodness to notice, last Saturday, some hints from me, which you published a week before. I take leave to acknowledge the honour; and if I do not reply either so fully or so gravely as he may wish, he must do me the justice to believe it is from no want of respect.

I am bound to thank him for the information that Niagara will return to us by the law of postliminium; which I am the more rejoiced at, because, according to the present appearances, there is little likelihood of recovering it in any other way.

am

NO. 10.

aggerated idea of their rights. But, when led into error, it is not so easy to undeceive them. It is my wish that the fishery should be restored whether held by right or permission. The subject is too delicate to say many things which pertain to it. I fear that, instead of securing, we may jeopardize it, by our over zeal, or over security.

I think, I do not venture even to suppose But though I do not choose to say all which that any person can be justly chargeable with indiscretion for discussing what he supposes to be the nation's right, as gravely as he pleases. I am content, also, that he contrast my phrases to embellish his argument: and, if it be done with effect, will join in applauding the wit. I pray him, nevertheless, to consider that, as neither country is bound by what we say, he will not have gained much by making me appear to contradict myself.

He informs me also, that a right to fish on Thus, if it were admitted that every thing the great bank belongs to us, by the laws of of vital interest to part of a country, is a per nature and nations, in common with Great fect right of the whole, those who contend for Britain and the rest of the world. I the British doctrine might simply observe, much obliged by this information, because that I had improperly used the epithet vital. never knew it before, and even now, much as I am not ashamed to acknowledge, if that I respect his authority, I hope he will look epithet converts interest into right, that I have into the matter a little further; for if he sinned against the laws of language. I hope, should be commissioned to negotiate about it, however, to be pardoned by those, who, in and stranger things have happened, he may discovering the crime, will recollect that the find that the British have more to say for expression was used in a light newspaper esthemselves than he is aware of. say, not in a grave diplomatic discussion. At I am sorry not to have hit his taste, by a any rate, before sentence is passed, they will grave discussion of the nation's rights. He be pleased to consider, in mitigation, that alwill, I hope, feel a little disposed to excuse me though food is of vital importance to a hungry when I assure him, I did not mean then, man, it is not quite certain that he could jusneither do I now mean, to enter into any such tify taking a loaf from a baker's basket, a discussion. I do not choose to appear the ad-steak from a butcher's stall, or a cod from a vocate of our enemy's rights, claims or pre-fisherman's car. I still believe the fisheries tensions. At the same time, I do not mean to of vital importance to the eastern states, and retract any opinion I have advanced. It was hold the same opinion respecting commerce; my wish that our friends should avoid rash de-not meaning, nevertheless, to say that withclarations. We are already engaged in a war, out commerce and the fisheries, every man on a question of right, about which those who woman and child must perish. I have seen set up the claim, must soon find themselves in both commerce and fisheries destroyed by the the wrong; if they have not already been so embargo, and repeat, that it behooves all fortunate as to make that discovery. I cannot true hearted Americans to consider, seeing think it advisable to multiply such questions, in what hands the power is lodged, to make It is easy to infuse into men's minds an ex-peace, whether we have any chance to obtain

a share in the Newfoundland fisheries except | Great Britain, and allowing that we acquired from the grace and favour of our enemy. And the right to fish by treaty, feels very confident I shall be glad to know how we are to get in asserting, that we thereby acquired such a hold of them, if given up by our negotiators. tille to it, that whenever another treaty shall The able editor seems displeased with the be made between the parties, we shall be permerchants of St. John's. But when he con- fectly entitled to the restoration of it, by the siders that they are our enemies, and inter-law of postliminium," which meaus, if I unested in the question, he may perhaps be dis- derstand English (of which, nevertheless, I posed to make some allowance for their por- must not be over confident) that, according to tion of human frailty. From what he has the law of nations, he who by treaty acquires quoted of this memorial, it seems to me they a right, acquires thereby such a title to that believe the existence of Britain, “ as a great right, that after engaging in war he is perfectand independent nation, depends upon her do- ly entitled to the restoration of it (the right) minion on the ocean." And, so believing, when peace is made, by the postliminary they right. Had this been known in old times, it would have saved the trouble, in making new treaties, of renewing old ones. No less than seventeen of these are racapitulated and confirmed in the treaty of 1763, between Great Britain, France, Spain, and Portugal. My notion has hitherto been, that if our treaty with England be (as it probably will be) renewed and confirmed in the treaty of peace, and no alterations or exceptions be made, things will return to the condition they were in before the war: So that if the enemy shali have made any disposition of real property during his possessory right, such property will return to its former owner by the postliminary right.

"wish to exclude foreigners from sharing again in the advantages of a fishery from which a large portion of their national defence will be derived." These notions are not, I believe, confined to those merchants. But I perhaps, not understanding English, am mistaken; and their object may be, "to shut us out from fishing on the occan, by virtue of their dominion on the same." This, which is the construction of the able editor, he considers as "an unreasonable, unjust aud preposterous claim, to which we as a nation can never yield." I believe England never pretended to prevent nations from fishing on the ocean, and would probably agree that the claim, if extended so far, is unfounded. But let not the memorialists of St. John's, be condemned for what they do not say. If the claim be confined to the banks, I would pray leave to recommend a little serious consideration.

As I said before, I shall not enter deeply into this question. He has quoted the 3d article of our treaty with Great Britain, and observes that, “although the words purporting to be an agreement that we should continue to enjoy the right, are not words of grant nor necessary, yet it was thought prudent to insert them, ex abundanti cautela." If the profound lawyer and statesman, who penned that article should see this comment, he would smile. Let us suppose that in like manner ex abundanti cautela, it had been stipulated that we should continue to enjoy the right of navigating the ocean and killing whales.

I must be permitted to doubt whether "our commissioners would have been highly commended for it by the nation.

The able editor, however, "putting it in (what he calls) the most favourable light for

I find, Mr. Examiner, that I have not the happy art of expressing myself clearly. Ifl had, the intelligent editor of the Evening Post would not so wholly have mistaken my meaning, as to suppose, that it was "in pursuit of the declared purpose to scan the justice and expedience of a war carried on, rather than yield our claim to the fisheries," that I put the case of a refusal on the part of Great Britain even to treat with our present rulers.

Not believing (as I am now bound to believe on the authority of the Evening Post) that a right to fish on the banks of Newfoundland belongs to us, and to all others, as a necessary incident to national independence; being moreover desirous to waive the examination of that question; but intending to inspire doubt as to the propriety of pledging ourselves gratuitously on the contingency of future events, I selected a case less questionable, according to my notion, than the fisheries. If the editor will have the goodness to read what I have written, in this view, he will acquit

me of the absurdity with which I stand charged; doubtless from the loose and inaccurate manner in which I was so unfortunate as to convey my ideas.

And now, Mr. Examiner, having made the amende honourable, let me, before I am turned over to the executioner, be permitted to cite, for the amusement of your readers, I do not pretend to instruct, a few articles of treaties among the powers of this world. They will see with astonishment, the mistaken notions entertained by European statesmen, about these same fisheries.

On the 10th of February, 1763, a definitive treaty of peace was made between Great Britain, France and Spain, since called the treaty of Paris. The fifth and thirteenth articles run thus: ART. 5. "The subjects of France shall have liberty to fish and dry fish on a part of the coast of Newfoundland, such as is specified in the 13th article of the treaty of Utrecht, which article is renewed and confirmed by the present treaty, (excepting, &c.) and his Britannic majesty consents to leave to the subjects of the most christian king the liberty of fishing in the gulph of St. Lawrence, on condition that the subjects of France shall use the said fishery only at a distance of three leagues from all the coasts belonging to Great Britain, as well those of the continent as those of the islands situate in the said gulph of St. Lawrence. And as to what concerns the liberty of fishing on the coasts of the island of Cape Breton, out of the said gulph, it shall be permitted to the subjects of the most christian king to use the said fishery only at the distance of fifteen leagues from the coasts of the said island of Cape Breton," &c.

ART. 13. "His catholic majesty, for himself and his successors, desists from all pretence which he may have formed, in favour of the Guipuscoans, and others his subjects, to the right of fishing in the environs of the island of Newfoundland."

other party. The subjects of his most christian majesty shall not fish in the harbours, bays, creeks, roads, coasts and places which the United States possess, or shall hereafter possess. And, in like manner, the subjects, people and inhabitants of the said United States shall not fish in the harbours, bays, creeks, roads, coasts and places which his most christian majesty now possesses or shall hereafter possess. And if any ship or vessel be surprised fishing, in violation of the present treaty, the said ship or vessel and her cargo shall be confiscated after the proof thereof shall have been made it being well understood, that the exclusion stipulated in the present article shall have place only as much and as long as the king and the United States shall not have granted in that respect an exception to some other nation."

The tenth article runs thus: "The United States, their citizens and inhabitants shall never disturb the subjects of the most christian king, in the enjoyment and exercise of the right of fishery on the banks of Newfoundland, any more than in the indefinite and exclusive enjoyment which belongs to them on that part of the coasts of that island, designated in the treaty of Utrecht, nor in the right relative to all and each of the islands which belong to his most christian majesty. The whole conformably to the true sense of the treaties of Utrecht and of Paris."

On the 3d of September, 1783, a definitive treaty of peace and friendship was concluded at Versailles between. Great Britain and France. The second article runs thus: "The treaties of Westphalia of 1648, the treaties of peace of Nimiguen of 1678 and 1679, of Ryswick of 1697, those of peace and commerce of Utrecht in 1713, that of Baden of 1714, that of the triple alliance of the Hague of 1717, that of the quadruple alliance of London of 1718, the treaty of peace of Vienna of 1738, the definitive treaty of Aix la Chapelle of 1748, and On the 6th February, 1778, a treaty of ami- that of Paris of 1763, serve as the base and founty and commerce was concluded between dation to the peace and to the present treaty: France and the United States. The ninth and, to that effect, they are all renewed and article runs thus: "The inhabitants, mer- confirmed in the best form, as well as all the chants, commanders of ships, masters and sea-treaties in general which existed between the faring men of the states, provinces, and do-high contracting parties before the war, and mains of the two parties shall reciprocally ab- as if they were here inserted word for word, stain from and avoid fishing in all the places so that they ought exactly to be observed in possessed or which shall be possessed by the future in thefr whole tenor, and religiously

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