USA > New York > New York City > New York city and vicinity during the war of 1812-15, being a military, civic and financial local history of that period, Vol. I > Part 15
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The information of the blockade of New York, and the appearance of a greater number of British war vessels along the coast, caused a general appre- hension that a more vigorous prosecution of invasion was intended.
The fortifications were strengthened. It was reported that upwards of 100 pieces of the heaviest cannon were stationed . at the Narrows. Eighty- nine of them were in Forts Richmond and Hudson, on Staten Island, and the others were at the earth- works at Denyse's Heights, a little west of where Fort Hamilton now is. There were none over 32- pounders. A line of torpedoes were anchored at the Narrows ready to be stretched across the channel on short notice so as to blow up vessels passing by the forts.
Gen. Izard was in the immediate command of all the forts in New York city, and had his head-
-
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COMMON COUNCIL
quarters in the fort off the Battery parade (now Castle Garden).
Lieut .- Col. James House commanded a detach- ment of several companies of the third United States artillery, and was stationed on Governor's Island.
Gen. Swift was in command of the forces on Staten Island.
At the meeting of the common council on 24th of May, Alderman Mesier moved that the Con- mittee of Defence be requested to draft a respectful memorial to Congress on the subject of the defence of this post to be reported to the board at the next meeting. The resolution was adopted.
At their next meeting on the 31st of May Alder- man Fish, from the Committee of Defence, presented a draft of a memorial to the general government on the defence of New York, which was as follows : " To the Hon. the Senate and House of Represen-
tatives of the Congress of the United States : "The Common Council of the city of New York in behalf of the people of that city most respect- fully represent --
"That having made application to different con- stituted authorities for the protection of this city and still finding it in a very critical and exposed situation, they consider it their solemn and indis- pensable duty to make this representation in the last resort to the constitutional guardians of the common defence and general welfare.
" When the constitution of the United States guarantees each state against invasion it undoubt- edly declares that all the means in the power of the national government shall be used for the purpose
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PETITIONS CONGRESS.
of defence. In calling upon the senate and house of representatives to perform the guarantee enjoined by the federal compact, we wish to be explicity under- stood that we solicit no partial indulgence or par- ticular favor.
"The great portion of revenue which is collected in this city ; the valuable commerce which has been carried on ; the immense wealth which is here accumulated, and the extensive and severe distress which might be produced in this part of the Union, must render it an object of the first importance to the policy as well as the cupidity of the enemy to make a successful attack upon this place, and when it is considered that hostile ships of war are at this moment cruising within twenty-five miles of . this city and that with a favorable wind ships-of- the-line can come up to our wharves in two hours from the ocean, it must be admitted that there is as great if not greater reason to apprehend danger here than at those places on the waters of the Delaware and the Chesapeake which have been menaced by the approach of the enemy.
"With full confidence in the commanding officer assigned to this place, and without the most distant intention of criminating any branch of the govern- ment, we still deem it our duty to state in the most "explicit manner, that we are now in a more dangerous situation than we have been in for a number of years. The number of men stationed in the different forts is totally inadequate, and no call has been made upon the militia to supply the defi- ciency. In this last respect we are peculiarly situat- ed, for while less exposed places in other parts of the Union are protected by militia called out at the
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PERILOUS POSITION
expense of the United States, we are deprived of this mode of defence ; and while we readily admit that large expenditures have been made for the erection of fortifications in this port, yet we are at the same time constrained to state that the im- portant works on Hendrick's Reef, on the adjoin- ing heights of Long Island, at Sandy Hook, at the Battery on this island, and at Fort Gansevoort, are in a very imperfect state ; and the pass to this city by the Sound is entirely undefended, and it is well understood that a ship-of-the-line can approach us in that direction with very inconsiderable risk as to the navigation.
" To enter into a more detailed account of our situation would be unnecessary and perhaps im- proper, but as we consider the object of this memorial of the highest importance to the prosper- ity of this city and the extensive country with which it is connected by commerce and the ties of mutual interests, we have authorized a committee of this board to repair with it to the seat of the national government and to make such other re- spectful representations as the emergency of the case and our very critical situation imperiously re- quire, and they will be specially chargeable to state to your honorable body that every measure in the power of your memorialists will be promptly adopted to promote the means of defence prescribed by the general government, and we are fully per- suaded that our fellow citizens will also cheerfully and unanimously co-operate.
" And your memorialists, etc., etc."
This report was approved and ordered to be duly authenticated, and it was resolved that Alderman
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SIIOWN TO CONGRESS.
Mesier and Mr. King be a committee to wait on the President of the United States and present the said memorial.
The new Congress met on May 24th, 1813. The President's message to Congress on that day was ob- tained by the agents of the New York Gazette and the Evening Post and at their joint expense was for- warded from Washington to New York and arrived in twenty-seven hours by private express and ap- peared in the Post on the 26th of May.
The former Congress that expired on March 3d, 1813, had as representatives from New York city, Richmond and Rockland counties, which composed the second congressional district of the State, two members, Dr. Samuel L. Mitchell and William . Paulding, Jr. (ante, p. 10+); they were voted for at large in the district. The new Congress by the new apportionment had representatives from two dis- tricts, one composed of the first and second wards of New York and the counties of Kings, Queens, Suf- folk and Richmond. This district was represented by Ebenezer Sage, of Sag Harbor, who had represented his district in the former Congress, and by John Lefferts, of Kings county, both of them were demo- crats. The remaining wards of New York city, comprised another district represented by two mem- bers, Egbert Benson and Dr. Jotham Post, Jr., both of whom were ardent Federalists. Judge Benson and Dr. Post were both elected by the party which then had for its platform "Liberty, Peace and Com- merce." The senators in Congress then represent- ing the State of New York were Rufus King, of New York city, and Obadiah German, of Chenango county.
Gov. Tompkins, who had been re-elected in April
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MILITIA ORDERED
for another three years term as Governor, was at his home in this city and fully alive to the danger- ous situation of the inhabitants.
Something was necessary to be immediately done while waiting for the action of the national govern- ment on the petition of the common council for means of further defence. Accordingly on the same day, 31st of May, Governor Tompkins issued the following military order :
"STATE OF NEW YORK. "GENERAL ORDERS. "HEADQUARTERS, NEW YORK, May 31, 1813.
" The commandants of the several brigades of in- fantry and of the brigade of artillery in the southern district, and the commandant of the brigade of cav- alry comprehending the southern district, are re- quired without delay to fix upon places of rendez- vous for the respective regiments, battalions and companies within their respective brigades and with- in the southern district, preparatory to invasion or alarm, and to report the same in writing to Major- General Stevens of the artillery, the senior militia officer in said district, who will without delay report the same to the commander-in-chief for the time be- ing. The orders and directions of Major-General Stevens, in case of invasion or alarm, will be implic- itly obeyed by all militia officers within the southern district.
"By order of the commandant-in-chief, " ROBERT MACOMB, Aid-de-camp."
On the 4th of June Gen. Robert Bogardus, who was then in command of the third brigade of militia
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TO BE READY.
infantry in place of Gen. P. P. Van Zandt (who had resigned on Nov. 12, 1812), by order designated that in case of invasion or alarm, the 142d regiment (Col. Jonas Mapes) should rendezvous in East Rutgers Street, opposite the church. The 125th regiment (Col. Daniel Dodge) in Chatham Street (now Park Row), opposite the park. The 10th regiment (Col. Andrew Anderson) in Duane Street, opposite Har- mony Hall. The 51st regiment (Col. Isaac A. Van Hook) in Bowery Road, between Grand and Broome Streets. The 82d regiment (Major Strong) in the Bowery Road, between Grand and Hector Streets. The 146th regiment (from Staten Island) (Col. Connor) at such place as he may designate and communicate to the brigade commander : that im- mediately after forming, the several regiments, ex- cept the 146th, march to the brigade rendezvous at the City Hall Park. The brigade-major, brigade- quartermaster, the aid-de-camp and the command- ants of regiments were to repair to the brigadier- general's headquarters, 56 Cherry Street.
The officers were to see that the men were prop- erly armed and equipped for active duty ; that a strict compliance with the standing brigade order of 27th of July, 1812, be observed-that no officer leave the city without a furlough for a time exceeding twelve hours ; that each officer on receipt of this (order of June 4, 1813), notify the adjutant of the regiment where orders for him may be left.
On same day (June 4th) Gen. Gerard Steddiford, of the tenth brigade of militia infantry, by order designated as such rendezvous for his brigade, the ground at the arsenal near the battery on the east
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RENDEZVOUS IN
side of Broadway, from Bowling Green extending up Broadway.
Gen. Steddiford's brigade was composed of the 75th regiment (Col. Jasper Ward), 85th (Col. Ed- ward W. Laight), 97th (Major Clarkson Crolius), 106th (Col. Jacob Delamontagnie), 115th (Col. Beekman M. Van Beuren). They were not so well disciplined and armed and equipped for active duty as was the third brigade.
Commandants of infantry regiments were di- rected to order their men to provide themselves with a good musket or firelock, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges suited to the bore of the musket or firelock, each cartridge to contain a proper quantity of powder and ball ; and that they appear so armed and equipped at the next parade.
The order continued as follows : "The com- mandant, with much pleasure, informs the offi- cers of his brigade that great reliance is placed in the patriotism and usefulness of the infantry by the commander-in-chief and by Major-General Stevens, under whose command the State troops of the southern district are placed."
The first brigade of artillery, under command of Gen. Morton, consisted of the second regiment, com- manded by Lieut .- Col. Peter Curtenius, the third regiment, commanded by Lieut. - Col. Martin Boerum, of Brooklyn : the ninth regiment, commanded by Lieut .- Col. John Bleecker; the eleventh regiment, commanded by Lieut .- Col. Cornelius Harsen. The artillery of Brooklyn were attached to the third regiment of artillery.
The artillery was to rendezvous at the battery
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THIE CITY DESIGNATED.
parade. The veteran corps of artillery, by order of their commander, Capt. John McLean, were to rendezvous near the State arsenal in Elm Street.
The commanders respectively of the fifteenth, twenty-second and thirty-third brigades (ante, pp. 86, 87), ordered the commandants of their regiments to fix upon places of rendezvous for their respective regiments, and notify the brigade commanders.
All these orders were strictly put in force and an appeal was made to the men that it was for the purpose of protecting their homes and their coun- try that these measures should be obeyed.
The comprehensive military orders affecting the entire enrolled militia in New York city and vicinity caused much discussion and feeling.
The seeming trivial action of a militia captain arose to the importance of a brigade court martial in which much personal and local feeling was dis- played.
The offence consisted in a captain issuing the following order :
"142d REGIMENT, THIRD BRIGADE OF INFANTRY.
" COMPANY ORDERS. "NEW YORK, June 10, 1812.
"Sir :- The United States being involved in war, whether just and necessary we, as citizens, have a right to judge and to express that judgment with- out fear or molestation. But while we enjoy these rights, we are bound to render obedience to the laws of our country, and to support the government, at the same time that we condemn the administration for their weakness and folly in plunging us unpre- pared into this Quixotic war. From the support
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POLITICAL MILITARY ORDER.
hitherto afforded the general government by its citi- zens, we have a right to claim of them, and they are bound to give us, protection. In consequence of the misconduct of our rulers, this protection has not been afforded us, and we are now called to protect ourselves, painful as the duty may be. I hope and trust that every citizen under my command, will sacrifice with me on the altar of patriotism every feeling inconsistent with a full co-operation with the rest of our fellow citizens; and when the enemy shall approach, to rally around the standard of our country, and in defence of our liberties, our homes, and our firesides, be ready and willing to lay down our lives at the threshold of our country.
"You are, therefore, in pursuance of regimental orders, directed to provide yourself without delay with a good musket or firelock, a sufficient bayonet and belt, two spare flints, a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges suited to the bore of the musket or fire- lock, and to contain a proper quantity of powder and ball, and that you appear so armed, accoutred and provided at the next parade. And in case of invasion or alarm to assemble thus armed and equipped at the regimental rendezvous in East Rut- gers Street, opposite the church.
" By order of
" WILLIAM HAWLEY, Captain.
" WILLIAM MCVEAGH, Sergeant.
"N.B. The fines for deficiencies will be rigidly enforced."
The commander of the 142d regiment, Lieut .-
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MILITARY PARADE GROUND.
Col. Jonas Mapes, preferred the following charges against Capt. Hawley.
" For unofficerlike conduct in endeavoring to ex- cite dissension and insubordination among the mem- bers under his command, by issuing the order on 10th of June to the company under his command."
A regimental court martial was ordered, com- posed of militia officers, to try Capt. Hawley on that charge.
There was a military hospital erected near Fort Gansevoort, about on a line with Washington Street, between Gansevoort and West Eleventh Streets. The plot of ground between Bank Street and Gansevoort Street, from Greenwich Street to Hudson River, was unoccupied and was prepared for a public parade ground. There were also soldiers' barracks and other military conveniences. It was a portion of Bayard's farm.
Washington Street, as then laid out, then termin- ated at Bank Street. Greenwich Road and Lane were the principal means of access to it. This place was designated at that time as being Green- wich.
On the 19th of June the third brigade of infantry militia under command of Gen. Bogardus, composed of 142d regiment, Mapes; 125th regiment, com- manded by Dodge; 10th regiment, Anderson; 51st regiment, Van Hook; 82d regiment, Strong; par- aded at the public parade ground at Greenwich, and were reviewed by Major-General Ebenezer Stevens. The men were called out at five o'clock in the morn- ing and were kept under arms until between seven and eight o'clock in the evening. They were about 3,000 strong and presented a fine appearance in
230
MILITIA SHAM FIGHT.
their gay uniforms. The day was unusually warm and the men were unaccustomed to so long opera- tions in the field; they bore the fatigue of the day with cheerfulness and spirit. A sham fight was one of the features of the occasion. Much enthu- siasm prevailed. No serious accident occurred ex- cept when, in the sham fight, one of the men in the bayonet charge pressed rather too close upon the supposed enemy, and ran his bayonet through the leg of a soldier. Major-General Stevens and his staff made a fine appearance in their uniforms of buff and blue, and cocked hats and tall feathers. General Bogardus and his officers presented a more dashing appearance.
There was a large number of spectators present during the day, when we consider the distance from the populous portions of the city and the limited means of conveyance then in use. The open sewer in Canal Street could only be crossed at Broadway on a bridge or east of that point. A large portion of the population at that time was east of Broadway and below Houston Street.
A court martial convened at Washington Hall, on July 1st, for the trial of Capt. Wm. Hawley pursu- ant to order of 23d of June by Brig. - Gen. Robert Bogardus. The court was composed of Lieut .- Col. Isaac A. Van Hook, president, from 51st regiment; Capts. Tucker and Robert Hyslop, and Lieut. W. H. Maxwell, of the 10th regiment ; Major Mount and Capt. Seixas, of the 51st regiment ; Major Todd and Capt. G. Wilson, of the 82d regiment ; Major Joseph D. Fay and Capts. Graham and Garniss, of the 125th regiment ; Capts. Nicoll and John Anthon, of the 142d regiment.
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MILITIA COURT MARTIAL.
Capt. Woodruff, of the 125th regiment, and Lieuts. Robert Emmet and Jud. Hammond, of the 82d regiment, attended as supernumeraries.
Samuel Jones, Jr., and George Brinkerhoff, Esq., as counsel for Capt. Hawley. Hugh Maxwell, Esq., was appointed Judge Advocate.
The following officers were then sworn and took their seats : Lieut .- Col. J. A. Van Hook, president, Capts. Wilson, Seixas, Nicoll, Anthon, Garniss, and Woodruff, and Lieuts. Maxwell and Ham- mond.
The other officers, being Majors Mount and Todd, and Capts. Tucker, Hyslop and Graham, and Lieut. Emmet, having made up their minds and expressed their opinions upon the question to be tried, were for that cause challenged by Capt. Hawley and were held disqualified and discharged; Maj. Fay was absent. Capt. Anthon objected to himself on the ground of having advised with the prisoner upon the charge brought against him before he was named as a member of the court.
The charge was read to Capt. Hawley and he pleaded not guilty. The order was produced and being admitted by Capt. Hawley, no evidence was produced. The court then adjourned to the 8th of July when Major Fay appeared, was sworn and took his seat. To this Capt. Hawley objected. Mr. Brinkerhoff then orally addressed the court and was followed by Mr. Jones. The Judge Advocate closed the argument on the part of the prosecution, after which a written defence and argument, pre- pared by Capt. Hawley, was delivered to the court, but was returned in consequence of his having been heard by counsel. It was only an amplification
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TRIAL OF CAPT. HAWLEY.
of the reasons in the order. The court after a short deliberation made up a judgment of acquittal and submitted the proceedings to Brig .- Gen. Bogar- dus for confirmation.
On the 23d of July General Bogardus promul- gated the order disapproving of the proceedings of said court and reversing the sentence of not guilty.
In considering the proceedings the General dis- cussed the question of whether Capt. Anthon was qualified to act as a member of the court. He de- cided that he was not qualified, because it was de- priving the prisoner of the professional services of Capt. Anthon and also deprived Capt. Anthon of advocating the cause of his client. To the qualification of Major Fay to act as a member of the court the General decided that he was not, because by the State law a court martial is to con- sist of thirteen members, nine of whom to form a quorum. The law also proposed a heavy fine for non-attendance on the first day of the court. In addition to this the term "organized," which the court declares itself to be and proceeding in the matter before them, had virtually deprived Major Fay from his seat in consequence of non-attendance on the first day; the court had not the power after- ward to receive him, and therefore he was illegally admitted to a seat as a member.
He held that the written defence should have been received.
The general said he "felt great delicacy in ex- pressing an opinion upon the acquittal or finding of the court, but as the law had made it a duty, he feels the necessity of foregoing matters which affect only himself. As the ground upon which the court
.
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TRIAL OF CAPT. HAWLEY.
gave judgment does not appear upon the proceed- ings, it becomes merely matter of inference, and must have arisen upon one of the following suppo- sitions:
"1. That the order is not a legal offence, for which the law has provided or the prisoner incurred a penalty; or
" 2. That there is no offence in issuing such an order."
The general said : "It will not be contended that military usage does not form a part of the system by which military matters and military persons are to be judged. This usage has established many acts as offences which are not declared to be such by any statutory law. That hundreds of instance's might be adduced of acts which would be high mili- tary offences, and to leave which without punish- ment, would totally destroy all discipline, and yet no statute has declared them to be offences or pro- vided a punishment for them.
"That in his opinion the order does contain a military offence.
"1. Because it was calculated to introduce political' discussion between the captain and the privates of his company, and thus to lessen the distance and to diminish the respect which ought to exist between them.
"2. Because it was impeaching and impugning the motives and conduct of the general government, which, in a junior officer, not having a separate command, could not have been necessary as an act of discretion, and was not authorized by the author- ity of the State or of his superior officers.
"3. Because orders like those issued by the
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REPORT ABOUT
prisoner would inevitably lead to dissension, and insubordination, inasmuch as they invite discus- sion, and would cause quarrels among men.
"That nothing justificatory having been shown in evidence, the Brigade General thinks the charge was fully sustained."
REGIMENTAL ORDER.
"In promulgating the preceding brigade orders, the commandant directs that as the court martial ordered for the trial of Capt. Hawley is not there- by dissolved, nor he discharged from arrest, those concerned govern themselves accordingly.
"JOHN I. SICKLES, "Adjutant, 142d Regiment."
There is no account of how the matter was after- ward disposed of. In the excitement of the time, it is probable that the effect of the order was mis- construed.
In July, Gen. Bogardus resigned his command of the third brigade of militia to accept the command as colonel of a volunteer regiment which was mustered into the United States service as the forty-first United States infantry, under act of July 5, 1813.
Jonas Mapes, of the 142d regiment, was promoted to brigadier-general by brevet on September 10th, 1813, and received full appointment in March, 1814.
The committee appointed to present the petition of the corporation of New York to Congress, and praying for further protection against the enemy reported "that very soon after their appointment they proceeded with the petition to the seat of the
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AID FROM CONGRESS.
general government, and previous to presenting it they lost no opportunity of conversing on the subject with such of the members of Congress as they thought might be induced to aid your committee in their ap- plication. The petition on being presented to the senate and house of representatives was by each re- ferred to the committee on military affairs. The sen- ate being occupied with executive business, its com- mittee was unable to pay immediate attention to the petition, but that of the other house was specially convened, before whom your committee attended (on being invited), and represented to them the exposed and almost defenceless situation of the port of New York, and urged among other things the necessity of granting a sufficient number of men to garrison the different fortifications erected for its defence, and the danger of depending on militia for that service, and it was with no small satisfaction your committee perceived the petition treated with that prompt attention due to its importance. On ac- count of the petition being addressed to Congress and for various other reasons, your committee were advised to make no direct application to the head of the war department, who, it was presumed, from the situation he lately held, could stand in no need of further information on the subject .* Your com- mittee feel it a pleasure as well as a duty to state that every possible assistance was afforded them in relation to the object of their mission by several gentlemen of Congress and particularly by Mr. Ru- fus King and Gen. German (members of the senate for New York State) and Judge Egbert Benson and
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