Troublous Times in Canada, John A. MacDonald [surface ebook reader TXT] 📗

behaved in a very steady and energetic manner to rally their broken ranks, the column had retreated too far in the direction of Ridgeway before the advanced parties had all came in to render this possible. This being the state of the force at the time, the officer in command (finding it impossible to rally) with the concurrence of the next senior officer, whom he consulted, decided upon falling back on Port Colborne by the road over which he had advanced.

And the Court lastly finds, that the whole of the wounded and sick were brought with the retreating column, and that it reached Port Colborne suffering much from fatigue and hunger, but without further casualties than those which are already known in the official reports of the affair.

G. T. DENISON,
Colonel. President.

J. SHANLY,
Lieut.-Colonel.

GEO. K. CHISHOLM,
Lieut.-Colonel.

Hamilton. 12th July, 1866.


THE FORT ERIE DISASTER.

REPORT OF PROCEEDINGS OF THE COURT OF INQUIRY APPOINTED TO INVESTIGATE THE CASE OK LIEUT.-COL. J. STOUGHTON DENNIS.

The appointment of a Court of Inquiry to investigate the charges made against Lieut.-Col. J. Stoughton Dennis was granted on the request of that officer himself. From the time that Lieut.-Col. Dennis hastily left his command battling with the Fenians on the streets of Port Erie, the men of the Welland Canal Field Battery knew him no more, as he never came back. Therefore their relations were strained. Most of the men of the Battery and the Dunnville Naval Brigade were pronounced in their denunciation of his conduct during the fight, and freely expressed their minds in this respect.

When Capt. King's wounds permitted his return home to Port Robinson from the hospital at Buffalo, a large number of people assembled to give him a welcome. In replying to their greetings, Capt. King incidentally made mention of the experience of his Battery in the battle at Fort Erie, and during his remarks voiced the sentiments of his men by publicly accusing Lieut.-Col. Dennis of cowardice. This charge came to the ears of Lieut.-Col. Dennis and he demanded a Court of Inquiry to investigate the matter. In the meantime a formula of six separate charges was filed against Lieut.-Col. Dennis, and His Excellency the Commander-in-Chief appointed the following officers as a Court of Inquiry, viz.:-Col. Geo. T. Denison, President; Lieut.-Col. James Shanly, and Lieut.-Col. S. B. Fairbanks.

The Court assembled in the City Hotel at Fort Erie, on the 8th of November, 1866, for the purpose of taking testimony. Among those who were notified to appear as witnesses were a number of men who had been engaged in the fight as members of the Welland Canal Field Battery and the Dunnville Naval Brigade, besides several citizens.

For some reason four members of the Welland Canal Field Battery who had been summoned to testify were not called upon for their evidence, which they considered a very strange proceeding as they were all present for that purpose, and had evidence to offer which would tend to substantiate Capt. King's allegations. Eight or ten witnesses were examined, when the Court proceeded to sum up the evidence and consider the charges seriatim. The result was that Lieut.-Col. Dennis was exonerated by the Court, although Col. Geo. T. Denison (the President) differed from his colleagues on several important points stated in the charges.

The following is the official report, published in General Orders, which contains the charges made, the findings and the remarks of His Excellency the Governor-General on the case:-


VOLUNTEER MILITIA. HEADQUARTERS, OTTAWA, 14th December, 1866.

GENERAL ORDERS No. 1.

The Court of Inquiry lately assembled at Fort Erie on application of Lieut.-Colonel Dennis, having presented its report, the Commander-in-Chief directs that the several charges preferred against that officer, with the opinion of the Court of Inquiry thereupon, be published for general information.


CHARGES.

1st Charge.-With having at Fort Erie on the afternoon of the 2nd June last, after having received information that an overwhelming force of the enemy was advancing on and was within a very short distance of that place, evinced an utter disregard for the lives and safety of the officers and men of the Welland Canal Field Battery, and the safekeeping of a large number of Fenian prisoners in charge of that corps and the Dunnville Naval Brigade, in this: that he ordered billets to be prepared for the Battery and told the officer commanding it that he should leave it and the prisoners in Fort Erie and go on himself to Port Colborne with the Dunnville Naval Brigade with the steamer "Robb," then lying at a wharf in Fort Erie.

2nd Charge.-With having at Fort Erie on the afternoon of the 2nd June last, after he had received information that a large and overwhelming force of the enemy was within a very short distance from his command, and that his command was in danger of being destroyed or captured, and after having himself seen that force approaching, recklessly and uselessly landed 5 officers and 68 men of the Welland Canal Field Battery and Dunnville Naval Brigade from the steamer "Robb," marched them along an exposed road, and posted them in a most dangerous position, where they were exposed to a front and flanking fire from the enemy, which course on his part resulted in disaster to his command, the serious wounding and maiming (some of them for life) of an officer and five men, and the capture by the enemy of four officers and thirty-two men of that command.

3rd Charge.-With having at Fort Erie on the afternoon of the 2nd June last, after having placed his command in the dangerous position described in Charge No. 2, and when a force of the enemy greatly superior in numbers to his command was within a very short distance from and advancing upon his left flank, and another force of the enemy far stronger than the one first herein mentioned was within a very short distance of and advancing against his front and preparing to flank his right, the whole force of the enemy being overwhelming and numbering 500 or 600 men, while his command only numbered 5 officers and 68 men, neither ordering a retreat to the steamer "Robb," which there was ample time to effect, and whereby his whole command might have been saved, nor allowing a fire to be opened on the enemy, but on the contrary, neglecting to give orders for a retreat, and directing that no order to fire should be given.

4th Charge.-With having, at Fort Erie, on the afternoon of the 2nd June last, after he had placed his command in the dangerous and exposed position described in the preceding charges, and given the order not to fire as therein mentioned, disgracefully, in the face of the enemy, and in order to secure his personal safety, deserted his command and left it without orders of any kind.

5th Charge.-With having, on or about the 4th June last, in a certain report of his proceedings addressed to Colonel Lowry, commanding the Niagara frontier, untruly, and knowing it to be untrue, stated that, having advanced to meet the enemy at Fort Erie on the 2nd June last, he did, in order to save the prisoners then on board the tug "Robb" and prevent the enemy from obtaining possession of that vessel, order the Captain of that vessel to cast off and get into the stream, and ordered his (Colonel Dennis') men (meaning his command, landed as aforesaid) to retreat and do the best they could to get away, each man for himself, when in reality he did not give such orders, and had at the time of which he alleges he gave them, deserted his command.

6th Charge.-That he was guilty of misconduct at Fort Erie on the afternoon of the 2nd June last, in this, that having received information that an overwhelming body of the enemy was then within a very short distance of and advancing against Fort Erie, and in fact seen that body himself, he should and might, instead of placing his command then at Fort Erie in the dangerous position described in Charge No. 2, have embarked it in the steamer "Robb," so protected that vessel with materials at hand that she would have been proof against the fire and weapons of the enemy, and dropping into the stream, held the enemy in check without any casualty to his command, and prevented them from escaping to the United States before the arrival of a force sufficiently strong to capture them.

The Court having proceeded to the examination of the evidence brought forward against the accused, as well as what he has offered in exculpation, and having duly considered the same, are of-


OPINION.

As to the 1st Charge.-That the allegation that Lieut.-Colonel Dennis, after having received information of the near approach of an overwhelming force, made arrangements for billetting his men at Fort Erie, thereby raising the inference that in so acting he evinced disregard for the lives of the officers and men of the party under his command, is not sustained. And that of the part of this charge attributing to Lieut.-Colonel Dennis an expressed intention (with or without such information as he is alleged to have had) of leaving a part of his command at Fort Erie and taking the steamer and remainder of the force to Port Colborne, there is not any evidence whatever in support.

As to 2nd Charge.-That this charge, based on the assertion not only that the accused officer was in possession of certain information, but had actual personal knowledge of the approach of a large and overwhelming force of the enemy, is not sustained by the evidence before the Court. On the contrary, with reference to the alleged knowledge of that fact, the Court is of opinion that the rumors which immediately before his party was disembarked to repel any attack on the village of Fort Erie, were, in so far as regarded the strength of the enemy's force, so much at variance with previously received information of a definite nature, as to be disbelieved not only by Lieut.-Colonel Dennis, but to some extent by the officers who have preferred the charges against him. And it appears to the Court that it was only after he had got his men into position, and after they had come into actual contact with the enemy, that the great superiority in numbers of the attacking force became a matter of certainty.

As to the 3rd Charge.-That this charge, being also grounded upon certain knowledge alleged to have been in the possession of Lieut.-Colonel Dennis at a particular time with respect to the great superiority of the enemy's force, and that whilst possessing that knowledge, and there being time to avail himself of the line of retreat alleged to have been open to him, he neglected to do so, is not sustained by the evidence before the Court. And with reference to the remainder of this charge as to the aforesaid officer not allowing a fire to lie opened upon the enemy, but on the contrary directing that no order to fire should be given, the Court are further of opinion that this part of the charge is not only not sustained, but is refuted by the evidence offered on behalf of Lieut.-Colonel Dennis.

As to the 4th Charge.-That with reference to the grave accusations contained in this charge, the Court are of opinion that throughout the whole of the affair, and up to the moment when he ascertained from personal observation that the enemy