Upper Canada Preserved — War of 1812 6-Book Bundle. Richard Feltoe
immediate advance upon Detroit. Awaiting his just-over-a-thousand troops and Native warriors were Hull’s garrison of an estimated 2,500 American troops, entrenched behind a line of strong earthworks and fortifications, bristling with no less than thirty-three cannon.
The plan of the town and fortifications at Detroit in 1812.
From Richardson’s War of 1812.
Advancing to within a mile of the fortifications, Brock halted the column and began to deploy his line. In a deft example of bravado and sleight of hand, the general spread out his units to make them appear more numerous. In addition, he made extensive use of the Natives to engage in psychological warfare by making probes and threatening attacks on the American flanks. By these ruses, and supported by the continued cannonade from his batteries on the east bank of the Detroit River, Brock succeeded in demoralizing General Hull and his army to the point where sizeable numbers of militia began abandoning their assigned posts for the sanctuary of the distant forests. Seeing his force dwindling, and already visibly shaken by the effect of the British bombardment, Hull was beset by the dilemma that as well as being the military commander of the garrison, he was also the governor of Michigan, making the welfare and safety of the civilian populace his direct responsibility. If he gave battle and lost, Brock’s Native warriors could well be unleashed, with terrifying consequences for all the Americans in Detroit. Making his decision, Hull gave the order for his troops to hold their fire while he entered into negotiations for a formal capitulation. Following a brief exchange of demands, General Hull not only agreed to surrender the fort, its garrison, and all supplies therein,*[9] , *[10] but also the relief column at Frenchtown on the River Raisin, the garrison at the Maumee Rapids, and the forces of McArthur and Cass — who were now conspicuous by their continued absence. In fact, these latter officers had previously deliberately ignored Hull’s orders to return when the threat was initially revealed on the 14th, and remained encamped overnight before making a more leisurely return march until they came within two miles of the fort and heard the sounds of the British cannonade from across the river. Without making any reconnaissance or notifying Hull of their presence, they ordered their troops to turn about once again and made a hasty retreat to the River Rouge, where they remained until officially notified that Detroit had been surrendered. Whereupon the two officers made a vehement public show of being outraged and surprised at Hull’s capitulation, and condemned him for sending them from Detroit at a time of danger. By this they successfully established their own alibis and distanced themselves from the inevitable official American censure that would follow, once news of the surrender became public.
In addition to these logistical and troop surrenders, in the aftermath of the surrender, General Brock’s proclamation to the populace of the Michigan Territory (August 16, 1812), stipulated a claim that was to have significant repercussions upon the future conduct and course of the war. Namely that the territory had been ceded to the control and authority of the British Crown, and therefore was now de facto part of British North America and Upper Canada.
Whereas the territory of Michigan was this day by Capitulation ceded to the Arms of His Britannick Majesty, without any other condition than the protection of private property, and wishing to give an early proof of the moderation and Justice of His Majesty’s Government, I do hereby announce to all the Inhabitants of the said Territory that the Laws heretofore in existence shall continue in force until His Majesty’s pleasure be known …[11]
Interestingly, in most of the subsequent American histories on the war, this territorial loss of part of the United States is either entirely ignored or dismissed as merely British wordplay or bravado. However, in the light of the following details, there can be little doubt that as far as Brock and his administration was concerned this change in allegiance and control was real enough.
The territory had previously been British property and had only been handed over to American control eighteen years previous as part of the treaty’s dealing with the American Revolution. In addition, many of its inhabitants were previously British subjects, a status Britain maintained was a permanent fact and not revocable.
On August 21, Proctor issued a subsequent proclamation of his own, stating:
Whereas the Territory of Michigan, was on the sixteenth day of August, one thousand eight hundred twelve, Ceded by Capitulation to the arms of HIS BRITANNIC MAJESTY, & the American flag was removed and the British flag substituted … be it known, that I, the undersigned, HENRY PROCTOR, Colonel in the Military forces of HIS BRITANNIC MAJESTY, now Commanding in the Territory of Michigan, do make & establish … the following Regulations for the civil administration of the said Territory …[12]
Several letters were subsequently exchanged between Colonel Proctor and American Chief Justice of the Territory Augustus Woodward, over defining the area the British now officially controlled and other details of the change in the existing American administration to British hands. In these communications, both officials refer to the “change of flag” and the territory being “ceded.”
Governor Hull never denounced or repudiated the validity of the British claim.
In the following months, Proctor established a new bureaucracy of civil administration, and Michigan citizens were called upon to swear the oath of allegiance to the British Crown or quit the territory — while many chose to take the oath, many others refused and left.
Lands on the west side of the Detroit River were officially deeded over as settlements to Native allies by Proctor on behalf of the British Government.
Furthermore, when the news of the “ceding” reached Washington, far from being simply dismissed or denounced as invalid, it was considered such a political disaster that it almost toppled the administration. The War Hawks saw the ceding as a stain upon the national pride of the United States, requiring an immediate and total commitment on the part of the nation to reclaim its lost lands as soon as possible, again countering the subsequent claims that it was merely an error in British phrasing.
In the immediate term, the American “Northwestern Army” was effectively eliminated and the biggest problem facing Brock was what to do with his overwhelming number of prisoners. After leaving behind the sick and wounded (117 Officers, 480 Other Ranks), the remaining regular officers and their troops (532 All Ranks), plus a large proportion of militia officers and men (1034 All Ranks), were transported to either Lower Canada (regulars) or the Niagara frontier (militias).[13] For those now in Lower Canada, they were destined to either remain as prisoners of war for the duration of the conflict or, in the case of the more lucky individuals, repatriated to the United States on the condition of having given their “paroles.” This nicety of warfare in an age of “gentlemen” required individuals to sign an oath not to engage in any further combat or offensive activities until formally and officially released from their parole by a mutually agreed and signed written declaration issued by both of the warring governments. Alternatively, the parole could be ended if they were officially and mutually exchanged for an equal number of British and Canadian equivalent ranks then being held as prisoners in the U.S. This parole system was also adopted for both the American militias taken to the Niagara frontier and those left behind on the Detroit frontier, allowing the men to eventually return to their homes.
Buoyed by his stunning and unexpected victory, Brock was also anxious to return to the Niagara frontier as soon as possible. Having