To Major M Kee, chief engineer, the greatest credit is due for the excellent arrangement and skilful execution of his plans for fortifying and defending the right, and for his cor rect and seasonable suggestions to regain the bastion. He had accepted the command of a regiment of infantry, (the 21st) for which he has often proved himself well qualified, but never so conspicuously as on this occasion. Towson's battery emitted a constant sheet of fire. Wood's small arms lighted up the space, and repulsed five terrible charges made between the battery and the lake. Brigadier General Ripley speaks in high terms of the officers and men engaged, particularly Captains Marston and Ropes; Lieutenants Riddle (of the 15th, doing duty with the 21st) and all; Ensigns Bena, Jones, Cummings, and Thomas, of the 21st, and Really and Green of the 19th. the fort. Major Hindman's gallant efforts, The judicions preparations and steady conaided by Major Trimble, having failed to drive duct of Lieutenant Colonel Aspinwall, comthe enemy from the bastion with the remain-manding the first brigade, merit approbation. ing artillerists and infantry in the fort, Captain Birdsall of 4th rifle regiment, with a detachment of riflemen, gallantly rushed on through the gateway to their assistance, and with some infantry charged the enemy; but was repulsed, and the captain severely wounded. A detachment from the 11th, 19th and 22nd infantry, under Captain Foster of the 11th, were introduced over the interior bastion, for the purpose of charging the eneiny. Major Hall, assistant inspector gene ral, very handsomely tendered his services to lead the charge. The charge was gallantly made by Captain Foster id Major Hall, but owing to the narrowness of the passage up to the bastion admisang only two or three men abreast, it failed. It was often repeated, and as often checked. The enemy's force in the bastion was, however, much cut to pieces and diminished by our artillery and small arms. At this moment every operation was Major Hindman, and the whole of the artil-, arrested by the explosion of some cartridges lery under the command of that excellent offideposited in the end of the stone building ad-cer, displayed a degree of gallantry and good joining the contested bastion. The explo- conduct not to be surpassed. The particular sion was tremendous-it was decisive; the situation of Captain Towson, and the much bastion was restored. At this moment Cap- lamented Captain Williams and Lieutenant tain Biddle was ordered to cause a field piece M'Donough, and that of Lieutenant Watto be posted so as to enfilade the exterior mough, as already described, with their 16plain and salient glacis. The captain, though spective commands, rendered them most connot recovered from a severe contusion in the spicuous. The courage and good conduct of shoulder, received from one of the enemy's Lieutenants Zantzinger and Childs is spoken shells, promptly took his position, and served of in high terms by Major Hindman and Caphis field piece with vivacity and effect. Captain Towson, as also that of Sergeant Major tain Fanning's battery likewise played upon them at this time with great effect. The enemy were in a few moments entirely defeated, taken or put to flight, leaving on the field 221 killed, 174 wounded, and 186 prisoners, including 14 officers killed and 7 wounded and prisoners. A large portion are so severely wounded, that they cannot survive; the slightly wounded, it is presumed, were carried off. Denhon. Captain Biddle and Famming, on the centre and right of their entrenchments, threw their shot to the right, left and front, and annoyed the Indians and light troops of, the enemy approaching from the woods. Lieutenant Fontaine, in his zeal to meet the enemy, was unfortunately wounded and made prisoner. Lieutenant Bird was active and useful, and in fact every individual of the corps did their duty. The detachment of Scott's gallant brigade, consisting of parts of the 9th, 11th and 224 infantry, did its duty in a manner worthy the high reputation the brigade had acquired at Chippawa and at the Falls of Niagara. The 9th, under the command of Captain Edmund Foster, was actively engaged against the left of the enemy, and with the aid of Lieutenant Douglass' corps of bombardiers, commanding the water battery, and that of the volunteers, under Captain Boughton and Harding, effected their repulse. The good conduct of Lientenant Childs, Cushman and Foot, and Ensign Blake, deserves commendation.. To Brigadier General Ripley much credit is due for the judicious disposition of the left wing previous to the action, and for the steady disciplined courage manifested by him and his immediate conmand, and for the promptness with which he complied with my orders for reinforcement during the action. Brigadier General Portes, commanding the NewYork and Pennsylvania volunteers, manifested a degree of vigilance and judgment in his preparatory arrangements, as well as military skill and courage in action, which proves him to be worthy the confidence of his country and the brave volunteers who fought under him. Of the volunteers, Captains Boughton and Harding, with their detachments, posted on The officers killed are, Captain Williams' the right and attached to the line, command- and Lieutenant M'Donough of the artillery; ed by Captain E. Foster of the veteran 9th wounded, Lieutenant Watmongh of the artilinfantry, handsomely contributed to the re-lery; Ensign Cisna, 19th; Lieut. Bushnell, pulse of the left column of the enemy under 21st; Lieuts. Brown and Belknap, 23d; aud Colonel Scott. | Capt. Birdsall, 4th rifle regimeut, all severely. Lieutenant Fontaine, of the artillery, who was taken prisoner. writes from the British camp, that he fortunately fell into the hands of the Indians, who, after taking his money, treated him kindly. It would seem, then, that these savages had not joined in the resolution to give no quarter. e-camp, To Major Jones, assistant adjutant general, and Major Hall, assistant inspector general; Captain Harris of dragoons, volunteer aid-decamp, and Lientenant Belton, aid-demuch credit is due for their strict attention to every duty previous to the action, and the steady courage, zeal and activity which they manifested during the action. The surgeons, Doctors Fuller, 23d, Troubridge, 21st, with their mates; Doctors Gale of the 23d, and Everitt and Allen, of the 21st. deserve the warmest approbation for their indefatigable exertions and humane attention to the wounded of our army, as well as to the prisoners who fell into their hands. I have the honour to be, sir, your very obe- Honourable JOHN ARMSTRONG, DUTCH CONSTITUTION. CONCLUDED. 115. The members and ministers of the high court and the provincial courts, as well as the attorneys general in the same, shall be irremovable. The duration of the service of all other judges is determined by law. No judge can, during the continuance of his term of office, be dismissed, but at his own request, or by a judiciary sentence. 114. The law determines the mode of procedure to be observed indiscriminately in case of opposition to all taxes. 115. There shall be a high military tribunal, to which all military men in the land or sea serice shall be amenable, for all offences committed em, in conformity to final arrangements to be made by law. by 116. In civil actions, the military, in the land and naval service, rain subject to the civil judge. CHAPTER OF FINANCE. 117. The sovereign prince and the states general have solely and exclusively the right of le vying and regulating taxes. Duties existing at the epoch of the accoptanes of the present fundamental law, contime on the same footing, until they shall have been otherwise disposed of by law. 118. The public debt is every year taken into consideration, to favour the interests of the state creditors. 119. The oversight and care of what concerns the coin and what depends upon it, as well as the 107. The high court watches over the courts decision of what regards alloy, assay, and all to regulate their observance of the laws concern- that relates to it, are referred to a college, under ing the administration of justice, the mode of pro- the title of college of counsellors, and masters cedure of all courts, judges and justices, and may general of the coin, which shall be furnished with annul and defeat their acts, provisions and de-instructions to be settled by law. In case of vacrees, without ever engaging, however, in an ex-cancy, the states general present to the sovereign amination into the merits of the case. prince a list of three candidates, from whom he makes a choice. 108. All civil causes decided in the first in120. There shall be a general chamber of acstance by the provincial courts may, in conformity to the requisitions which shall be prescribed counts, intrusted with the examination and anby a law on this subject, be carried by appeal be-nual liquidation of the different ministerial de fore the high court. partments, as well as rightly requiring a reckon109. There shall be a court of justice in everying and settlement with individuals accountable to province, unless the law shall establish one of these courts for more than one province. This court takes cognizance of every vacancy in the provincial states, which for filling it presents a list of three candidates to the sovereign prince, who makes a choice from this list. The sovereign prince has the immediate nomination of the attorney general of these courts. 110. The administration of criminal justice in the United Provinces of the Low Countries is, to the exclusion of all other courts heretofore existing, confided to the provincial courts, or to such other tribunals erected for this purpose, as there shall be need. the state, all in conformity to such instructions, as shall be ordered by law. The members of this chamber of accounts shall be taken as much as possible from all the provinces. When there shall be a vacant place, the states general pres sent to the sovereign prince a list of three candidates, from which he makes a choice. CHAPTER VI. OF DEFENCE. 121. To bear arms for the independence of the state, and the defence of its territory, remains in conformity to the ancient usage of the country, and the principles adopted at the union of Utrecht, one of the first duties of all the inha 111. The administration of civil justice is re-bitants of these provinces. ferred to such tribunals as shall be found in course of time necessary for this purpose. 112. The rest of the arrangements of the authority of the courts, as well as that of other civil and criminal tribunals, known under the name of high justices', sheriffs' colleges, or others, and the authority of attorneys general, grand officers, and bailiffs, shall be settled by law. 122. Consequently it is one of the first cares of the sovereign prince, at all times, to maintain a sufficient force by land and sea, kept up by means of an enrolment of volunteers, natives or foreigners, destined to serve either in or out of Europe, according to circumstances. 128. Besides the standing army by land and sea, there shall be a national militia, of whom * fifth part in time of peace shall be discharged their provinces, which fall not within the terms annually, and replaced in an equal number, as of the 128th and 129th articles, or which, falfing near as possible, by volunteers, or by means of within them, are yet, for the utility of the thing, a drawing, in which every male inhabitant not referred to their administration by the sovemarried, between eighteen and twenty-one years reign prince. As far as the works in question of age, shall share. They who shall have ob-shall be established by colleges, corporations or tained their discharge, cannot under any pretext individuals, the provincial states shall take care be called to any further service but that of the that they be completed in a manner conformable town guard, which will be mentioned hereafter. to what is prescribed above. 124. In ordinary times the militia is assembled once a year, to be exercised for about a month in the use of arms. The sovereign prince, however, has the power to keep embodied, if the interest of the state requires it, a fourth part of the whole number. 151. The same states have a superintendence and authority over all important hydraulic trusts and directions of waters, dykes, drains and other like corporations of their provinces, under whatever denomination they may be; except, however, the trusts named in the second paragraph of article 128, If on extraordinary occasions, or in case of imminent danger of war, it shall be necessary to The late regulations made by these corporaembody and to hold together all the militia, and tions constitute the mode of their organization, if the states general shall not be in session, this except, however, the right of the states to make measure shall be accompanied by an extraordi- alterations in them under the approbation of the nary convocation of the latter, so that he may sovereign prince, and without prejudice to the disclose it to them, and concert with the assem-right which these establishments have, of propobly ulterior measures relative to this subject. sing to the states, with regard to those regulations, 125. There shall be organized in all the towns, such alterations as they conceive ought to be town guards, the same as anciently, for the pre-made for the advantage of the land proprietors of servation of internal quiet. The city guards their jurisdiction. As to what concerns the nomay in times of war and danger, be employed inmination and completion of the lists of election repelling the attacks of the enemy. In this last for the corporations, the states of the provinces, case, they shall be established likewise in the will present on this subject a scheme to the soveflat country, to serve conjointly with those of reign prince. the towns, as a levy en masse for the defence of the country. 126. The dispositions which the sovereign shall judge necessary, respecting the number and organization of the militia, and all that concerns the levy en masse, shall constitute the subject of a law to be proposed by him. CHAPTER VII. OF THE HYDRAULIC ADMINISTRATION. 127. The hydraulic administration [waterstaat] continues to be one of the first objects of national concern, and is directed by a particular body, appointed by and under the superintendence of the sovereign prince. 132. With regard to the management or superintendence conferred, or to be conferred hereafter uponthe states in virtue of article 130, the works in question remain subject to the superintendence, of the sovereign prince, who according to the exigency, can act in it, in this respect as has been ordered with regard to all their other measures, by article 91. CHAP. VIII. or PUBLIC WORSHIP, PUBLIC INSTRUCTION AND SUPERINTENDENCE OF THE POOR. 133. The reformed christian religion is that of the sovereign prince. 134. Equal protection is granted to all existing 128. Consequently, all dykes, dams and other religions. Those who profess them enjoy the hydraulic works, destined for shutting out the same civil prerogatives, and have the same title sea or river, made and kept in repair from the to aspire to dignities, trusts, and employments. public treasury, are exclusively within the ju- 135. Every species of worship is tolerated, risdiction of the general hydraulic administra-provided it be not considered of a nature to disturb the public order and tranquillity. tion. All works of this kind, as far as they are made 136.. The state assures to the reformed chrisat the expense of any colleges, corporations, or tian church, the payment from the public treaindividuals, remain under the immediate inspec-sury, of all such salaries, pensions and distribution of the directory of the general hydraulic ad- tions to widows and children, as well as the inministration. They shall take care that the es-demnities for the expenses of school and univertablishment of these works shall do no prejudice to the common interest, and prescribe to the colleges, corporations and individuals, the necessary instructions for this object. sity, as have been formerly paid directly by the public treasury to its pastors; either from the revenues of the ecclesiastical estates, appointed for this purpose, or from certain local revenues. 129. There are likewise exclusively under the 187. The enjoyment of all subsidies granted in jurisdiction of the general hydraulic administra- former times by the public treasury to other retion, the bridges and causeways which are erect-ligious communities, remains to them, granted iu ed at the public expense, and those, the care of the same manner forever. which, from motives of the general interest, is referred to their direction by the sovereign prince. 130. The provincial states have the regulation of all hydraulic works, dykes and dains, as well as of all bridges and causeways in the interior of 138. There shall likewise be provision made in an equitable manner by the sovereign prince and the states general, for the wants of other religious communities, if they require it, which have not hitherto obtained from the public trea sury any subsidy, or one which is insufficient. 139. The sovereign prince has, independently, due to others, that the reasons under which f and without prejudice to the right and obligation retired from the direction of the war departof exercising over all religious communities such ment, at a juncture so critical as the present, a superintendence as shall be found useful for the should be fully and promptly known to the pubinterests of the state, another right of taking lic. These reasons will be found in the fol cognizance of, and regulating the institutions of sich of these communions as by virtue of either lowing brief expositions of facts. of the preceding articles, enjoy any payment or subsidy from the public treasury. 140. To favour the promotion of religion, which is regarded as one of the firmest supports of the state, and to encourage the progress of knowledge, the public instruction in the high, middle and lower schools, is the constant object of the care of government. The sovereign prince annually presents to the states general a detailed report upon the state of these schools. On the evening of the 29th ult. the president called at my lodgings, and stated that a case of much delicacy had occurred; that a high degree of excitement had been raised among the militia of the district, that he was himself an object of their suspicions and me naces; that an officer of that corps had given him notice, that they would no longer obey any order coming through me as secretary of war; and that in the urgency of the case, it 141. As an object of high importance the su- might be prudent so far to yield to the im perintendence of the poor, and the education of pulse, as to permit some other person to exindigent children, are recommended to the con-ercise my functions in relation to the defence stant care of the government. The sovereign of the district. prince likwise causes to be given to the states general a detailed account of the institutions of this kind. CHAP. IX. To this statement and proposition I answered substantially as follows: that I was aware of the excitement to which he alluded; that OF ADDITIONS, ALTERATIONS, AND EXPLANA-I knew its source and had marked its progress: TIONS. 142. If hereafter any addition or alteration shall become necessary to the present fundamental law, the necessity shall be declared by a law, and the alteration or addition be pointed out and clearly expressed. 143. This law, decreed by the sovereign prince and the states general, is afterwards transmitted in the usual manner to the states of the provinces, which at the term fixed at each time for a like law, join to the ordinary members of the states general and equal number of extraordinary members, the appointment of whom is made in the same manner as that of the ordinary members. that the present was not a moment to examine its more occult causes, objects and agents: that it ostensibly rested on charges known to himself to be false that it was not for me to determine how far the supposed urgency of the case made it proper for him to yield to an impulse so vile and profligate, so injurious to truth, and so destructive of order; but that for myself, there was no choice: that I could never surrender a part of my legitimate authority, for the preservation of the rest: that I must exercise it wholly, or not at all; that I came into office with objects exclusively public; and that to accommodate my principles or my conduct to the humours of à village mob, stimulated by faction and led by folly, was not the way to promote these, and that if his decision was taken, in conformity to the suggestions he had made, I entreated him to accept my resignation. This he declin145. The alterations or additions to the fun-ed doing. It was an extent, he was pleased damental law are promulgated in the same manner as the ordinary laws, and are solemnly added to the fundamental law. 144. The sovereign prince and the assembly of the states thus convened in double number, then decide on the case in question, in the manner prescribed above for the adoption of ordinary laws, with this exception only, that there must be a plurality of voice, of at least two thirds of the members present. to say, to which he meant not to go; that he knew the excitement was limited, as well 196. The authentic interpretation and expla-W with regard to time as to place; that he was now and had always been fully sensible of the nation of obscurities, which may arise in the ap-general zeal, diligence and talent which I had plication of any article of the present fundamen- put into the discharge of my duty, and that it tal law, is referred during the three first years would give him pleasure were I to take time which follow the adoption of it, to the commission which has been intrusted with the compilation of the draught of the said law. If, after the expiration of these three years, a like interpretation or explanation shall be necessary, the sovereign prince then convenes for that purpose an assembly, composed of a number of members equal to that of the assembly of the states general, and elected in the same manner by the states of the provinces. LETTER OF THE SECRETARY OF WAR. To the Editor of the Baltimore Patriot. to consider his proposition. I renewed the assurance of my great personal respect, and my readiness to conform to his wishes on all proper occasions. I remarked, that whatever zeal, diligence and talant I possessed, had been employed freely but firmly, and according to my best views of the public good, and that as long as they were let to be so exerted they were at the service of my country; but that the moment they were made to bow to military usurpation or political faction, there should be an end of their public exercise. We now parted, with an understanding that I should leave Washington the following morning. It has been since stated to support as a fact, I no longer be covered. The commodore was (to which I give the most reluctant belief,) of course left to follow the suggestion of his that on the morning of the 29th, and before own mind, or to obey the orders, if orders had my arrival in the city, a committee of the in- been given, of the navy department. habitants of Georgetown, of whom Alexander C. Hanson, editor of the Federal Republican, was one, had waited on the president, by deputation, and had obtained from him a promise, that I should no longer direct the military defences of the district. On this fact all commentary is unnecessary. 5th. and lastly. That means had not been taken to collect a force sufficient for the occasion. As the subject of this charge may very soon become one of congressional enquiry, I shall at present make but a few re marks: 1st. That no means within reach of the war departinent had been omitted or with It but remains to exhibit and to answer, the several charges raised against me, and which form the groundwork of that excite-held-that a separate military district, emment, to which the president has deemed it prudent to sacrifice his authority, in declining to support mine. They are as follows, viz. 1st. That (from ill-will to the district of Columbia, and a design to remove the seat of government) I gave orders for the retreat of the army, in the affair of the 24th ult. under circumstances not making retreat necessary or proper. This charge has not for its support, the shadow of truth. The commanding general will do me the justice to say, that I gave him no such order, and that he was and is under the impression, that the retreat was made earlier than I believed it to be proper. To the president I appeal, whether I did not point out the disorder and retreat of a part of the first line, soon after the action began, and stigmatized it as base and infamous. 2d. That, in despite of the remonstrances of General Winder, and by the interposition of my authority, I had prevented him from defending the capital. bracing the seat of government, had been created; that an officer of high rank and character had been placed in charge of it; that to him was given full authority to call for supplies, and for a militia force of fifteen thousand men; that to this force was added the 36th regiment of the line, a battalion of the 38th, detachment of the 12th, of the artillery, and of the dragoons, the marine corps, and the crews of the flotilla, under the special command of Commodore Barney-making a total of 16,300 men. General Winder's official report of the engagement of the 24th ult. shows, how much of this force had been assembled, and the cause why a greater portion of it had not been got together. These will be found to have been altogether extraneous from the government, and entirely beyond its control and 2d. That from what is now known of the enemy's force, of the loss he sustained in the enterprize, of the marks of panic under which he retreated &c. &c. it is obvious, This charge contains in it a total perver- that if all the troops assembled at Bladenssion of the truth. When the head of the re-burgh, had been faithful to themselves and to tiring column reached the capital, it was halt- their country, the enemy would have been ed for a moment; General Winder here took beaten, and the capital saved. eccasion to state to Mr. Monroe and myself, that he was not in condition to maintain another conflict and that his force was broken down by fatigue and dispersion. Under this representation, we united in opinion, that he Copies should proceed to occupy the heights of Georgetown. 3d. That, I had withdrawn the covering party from the rear of Fort Washington, and had ordered Captain Dyson to blow up the fort without firing a gun. JOHN ARMSTRONG. Baltimore, 3d September, 1814. 100 of letters from Captain Charles Morris to the Secretary of the navy. HAMPDEN, (D. MAINE,) AUG. 22, 1814. United States ship Adams. SIR-After leaving Savannah, we proceeded to the northward of the Matinalla Reef, where we remained waiting for the Jamaica convoy till the 22d of May, when we learned from a neutral vessel, they had passed us the preceding night. We then made sail to the northward, and on the 24th got sight of the convoy, from which we were chased by two ships of war; saw them again the next morning, but the weather being pleasant and the wind fair, they kept in close order, and their convoying force being too strong for us to injure them, except in case of separation, we Perceiving that no order was taken for ap-bore up to the eastward, intending to cruise prizing Commodore Tingey of the retreat of the army, I sent Major Bell to communicate the fact and to say, that the navy yard could This charge is utterly devoid of truth. The covering party was withdrawn by an order from General Winder; and Captain Dyson's official report shows, that the orders under which he acted, were derived from the same source, though no doubt, mistaken or misrepresented.. 4th. That by my orders, the navy yard had been burned. This, like its predecessors, is a positive falsehood. a few days upon the Banks. On the 9th June met with islands of ice and very thick weather, in latitude 41,0; the fog continuing for. |