Erie County NyArchives Biographies.....Tyrer, Luther September 22, 1789 - June 2, 1863 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy Poquette npoq@hotmail.com November 8, 2009, 4:30 pm Author: Nancy Poquette Luther A Tyrer Birth: 22 SEP 1789 in Wendell, Hampshire Co, MA To see the birth records of Wendell, Franklin Co, MA: http://www.geocities.com/Heartland/Arbor/8406/Wendell_MA/] The original ledger of Vital Records of Wendell, MA is still kept at the tiny post office in tiny Wendell, as of the year, 2009. Pg. 34 starts with "Mary Tyrah, dau. of James and Ruth Tyrer," followed by "Luther Tyrer, born Sept. ye 22nd, 1789." Event: Military 1812 Erie Co, NY Note: War of 1812, US Army, BLW Residence: BET 14 OCT 1836 AND 10 MAR 1845 OH, IN or KY Note: Reflects the dates of the births of his children by Sarah, reported in either Oh, IN, or KY between 14 Oct 1836 and 10 March 1845. Event: Road Petition 1 MAR 1848 Dodgeville, Iowa Co, WI Note: Signed petition for a County road. See notes Census: 1850 Collins, Erie Co, NY, farmer. He was not living with his wife [or ex-wife] Nelly, but with his oldest son, Warren. Census: 1860 Collins, Erie Co, NY, age 71, farmer. Again 10 years later, Luther is living with his oldest son's family. Event: Event 1861 Grandson George killed in Civil War Death: 3 JUN 1863 in Dodgeville, Iowa Co, WI, From: His headstone inscription, Eastside Cemetery, Dodgeville, WI. Burial: AFT 3 JUN 1863 Eastside Cemetery, Dodgeville, Iowa Co, WI Note: Headstone inscription: "Luther Tyrer died June 3, 1863, aged 73 years, 8 months." Occupation: Soldier, woodsman, miner, farmer Father: James T Tyrer b: 1754 in Scotland [or Devon, , England?] Mother: Ruth Goodale b: 1754 in New Salem, Hampshire Co, MA Marriage 1 Nelly Curtis b: bef Oct 2 or 23 1796 in New Salem, Franklin Co, MA Married: BEF 1812 in Erie County, NY, source of this date: Anecdotal from Bill Tyrer of Green Valley, AZ Children Louisa Tyrer b: 7 JUN 1812 in Wanakah, Erie Co, NY Warren Tyrer b: 1816 in Concord, Erie Co, NY Sarah Tyrer b: 25 MAY 1821 in Concord, Erie Co, NY Hiram Tyrer b: 24 APR 1824 in Concord, Erie Co, NY William O'Brien Tyrer b: 20 MAY 1825 in Concord, Erie Co, NY Marilla Tyrer b: BEF 1847 in Concord, Erie Co, NY James L Tyrer b: 1830 in Concord, Erie Co, NY Rosella Tyrer b: 1832 in Concord, Erie Co, NY Marriage 2 Sarah b: 1797 in VT or IN Married: BEF 1836, from date of birth of first child Children Elisha Tyrer b: 14 OCT 1836 in Columbus, IN or KY or WI Isabella Alice Tyrer b: 31 AUG 1842 in IN or KY-[she gave KY in 1870 census] Robert William Tyrer b: 10 MAR 1845 in OH, IN or IA Luther's parents were reputed to be James A Tyrer and Ruth Goodale, of New Salem. The family legend: "He [James] came to America with Burgoyne's Army, and surrendered with them in 1777. He was an officer [This researcher questions this. I believe previous researchers have "blended" JAMES TYRER the 1st with his son, Captain James Tyrer who earned his title of captain in New York in the War of 1812]. "When this army surrendered, all these officers and men must be cared for, so they cared for them in homes of the American people. We think perhaps, JAMES being an officer, was living in the home of Asa." This does not seem likely in the light of the records that have been uncovered, most especially from the 1779 purchase of land in Wendell, and the description of the Convention Army's marches and internments… New Salem was never a receiving point for the prisoners. Bill Tyrer, [now deceased] of Green Valley, AZ, acting on the family legend that JAMES was an officer in Burgoyne's army, hired a genealogist in England, Kintracers, Limited, Mr. Colin Parry, to make the necessary inquiries. The results of his research did not give any good leads, to this researcher's satisfaction. From "After Saratoga: The Story of the Convention Army," by William Dabney, 1954: Pages 38-39: "The practice of desertion, which had begun on the march from Saratoga to Cambridge, continued during the entire stay of the troops in Massachusetts, and for that matter, until the end of the war. In some cases soldiers deserted on their own initiative; in others, at the urging of their American captors… A far greater number deserted for other reasons, among them those who wanted to escape from the extreme boredom of their passive existence or from the poor lodging conditions in the barracks… Many made their escapes permanent, and took wives from among the much-admired American girls, and reared families. This probably describes JAMES TYRER, who married RUTH in 1780, 2 years before the convention army prisoners were released… This could be the reason that he married her under an assumed name. It is my guess that he deserted either en route to Cambridge, or later when they were transferred to Rutland, which would have occurred in the years 1777 or 1778. Perhaps he was one of those prisoners with a skill or trade that allowed him to pass freely to and from the camps. JAMES TYRER purchased his first piece of land containing about 31 acres [before he was married] for two hundred pounds, in an area that was called the north part of Shutesbury, but later became a portion of Wendell, on October 21st, 1779. This is a good indication that he was by this time, gone from any prison camp. JAMES TYRER, as JAMES 'Fippen,' married RUTH GOODALE in February 1780. James would have used an assumed name during the war in order to remain undetected by the British army during the remaining three years of the Revolution. We know this RUTH to be RUTH 'GOODALE' who married JAMES TYRER by way of circumstantial evidence because many years later, in 1844 in Collins, NY, all of her children were named as heirs-at-law of her brother, James Goodale, who remained childless. From: New Salem First Parish Church Society (now Unitarian), in the possession of the Unitarian Society, New Salem, Mass and Vital Records of New Salem, Massachusetts to 1850: "GOODALE, RUTH and JAMES Fipp[e]n, Feb. __, 1780." Ruth was the daughter of JONATHAN and BETSEY GOODALE, of New Salem. One researcher on the internet found some evidence that suggests that 'Betsey' was also a Goodale descendant, her father reportedly being Nathan Estey [descended from Mary Estey, hung as a witch in Salem Witch trials] and Ruth Goodale. This has NOT been proven. Her father, JONATHAN's lines is readily documentable and proven, from Robert Goodale of Salem Village in the 1600's, to Isaac 1, Isaac II, Isaac III and his wife Deborah Hawkins, who came to New Salem. By the time of the birth of their first child, Mary, in Jan. 1781, James was going by his true name, James Tyrer, and all of the children were given the last name of Tyrer. In 1782, JAMES TYRER bought Lot No. 30 containing about 10 acres in Wendell Center, for six pounds. Following the Shays Rebellion in Hampshire [later Franklin] County, MA, in April of 1791, JAMES TYRER sold the first 31 acres of land that he had purchased in the northern part of Shutesbury [which had become a part of Wendell] and part of his homelot for a loss. He had purchased them for a combined total of 206 pounds, and now, had to sell them for 61 pounds, ten shillings. However, in July of the same year, 1791, JAMES TYRER purchased a larger tract of land in Wendell, seventy-two acres for 43 pounds, 16 shillings, and then resold the same piece of land in May 1792, for 30 pounds, again at a loss [unless at that time, the pound was gaining value]. The land was on Wicket Pond. It is evident that JAMES TYRER was struggling financially. In 1792, he resold the land he had just purchased, to Jonathan Houghton, but it was not a complete sale, it was a mortgage. Did he mortgage his farm, but keep it in his own use, with the intention only of raising some capital? He received 30 pounds which was only a little more than half the price he paid for it. In 1793, a shocking accident was recorded. The following account comes from the Records of the First Congregational Church of Wendell: "1793, July 23. Buried JAMES TYRER, age 39, accidentally killed by a wound under his left arm, near his body, by a scythe he was carrying home Saturday evening after dark. His body lay undiscovered til Monday morning. He left a widow and eight children, five too young to be sensible to their fatherless condition." The Greenfield [MA] Gazette, Thursday, Aug. 15. 1793: "From Wendell. The body of James Tyrer was found dead in the road on the morning of the 22d ult. A coroner's inquest being taken, it appeared that Mr. Tyrer left his work on the preceding evening and, returning home with a scythe, received a wound in his right arm near his body, which proved the means of his immediate death. This unhappy occurrence ought to serve as a warning to all, to be cautious how they travel with a naked scythe, especially at night." There is a record in the town ledgers that indicate that an inquest was held on the body of JAMES TYRER. The above inquest was filed with the Court of Sessions, but if any of the findings had proven to be of a criminal nature, they are not filed in the same court. Bear in mind, that the article in the Greenfield Gazette was dated August 15, 1793, three weeks following the finding of JAMES TYRER's body, and it presented the death as an accident, so the ultimate finding of the jury must have been that that the death was accidental. On the 21st day of April, 1794, Judge Joshua Green of Wendell was appointed guardian of the TYRER children, and a bond given for 'the faithful execution of the estate' which proved to be involved. RUTH TYRER was granted her dower share of the real estate, which were fourteen and a half acres. The Tyrer farm was sold the next November. RUTH was permitted to keep the following articles: the table, the case of drawers (which remains in the family to this day, with descendants of Asa and LUTHER TYRER, in Mineral Point, WI), 3 chairs, the spinning wheel, the pewter plates and basin, the tin dipper, skillet, kettles, the ax, the loom and tackling, the hammer, the fire shovel, the pail, and the hog and all of the grain. From The Town Records of Wendell, page 156: By 1796,at the March annual meeting, the widow RUTH TYRER was so destitute that the town "voted that two of the widow TYRER's children be put up 'at venue' [auctioned] to be kept or boarded for the term of six months at a certain sum per week. Extraordinary costs such as sickness for the town to discharge exclusively. and Rhoda was 'struck off' [auctioned off to the lowest bidder] to Abner Allen [the same man who purchased the real estate] at 1 shilling per week and Ruth (Jr) was struck off to Dille Whitcomb at 2 shillings per week." In November, the aid was extended, page 162: "also voted that Rhoda Tyrer and Ruth Tyrer be set up at vendue for their present support and were struck off to the lowest bidders, Namely Rhoda Tyrer to Silas Wilder at 1 [one] shilling per week & Ruth Tyrer at 2 [two] shillings per week." RUTH TYRER remarried in January 1800 to Elisha Washburn, a widower who had served under her uncle Ebenezer in the Revolution. RUTH had one child by Elisha, Eliza West Washburn. RUTH's marriage to Elisha Washburn was cut short, three years later, by his death. Widowed once again, this time RUTH TYRER and her stepson, Rufus Washburn were aided by her brother James Goodell. On a page from the Records of the Town Meetings of Wendell, Massachusetts, we learn that a Ruth Tyrer, in July 1810, was paid for her work as a teacher in the South School in Wendell, and again in 1811. Was this her 19-year old daughter, or herself? We know that her children could all read and write, but her near youngest, Luther, was able to sign his name, but often referred to as unable to read or write. This is understandable if he had to go out to make a living at a tender young age, to help out with family expenses. From: "Among the Dry Bones," page 115: "Several residents of New Salem had bought a grant of land in Maine in order to provide the New Salem Academy with an endowment, and to pay off its debts (see chapter 11). Although that purchase had occurred some years previously, the families discovered that it was necessary to leave New Salem and settle in Houlton in order to save their personal financial situation. After having sold their properties, the first three families left in the summer of 1807. Three other families followed in 1808, six in 1809, and three in 1811." It is possible that Ebenezer and RUTH were one of these unnamed families. One source which supports this contention is 'History of New Salem Academy," by Eugene Bullard, 1913, page 37: "In the summer of 1805 Aaron Putnam and family, accompanied by Varney Pierce, Jr, Samuel Houlton, and LUTHER TYRON [TYRER], left New Salem for the eastward, as it was then called. They went on board a vessel from Boston to Frederickton, from thence in boats to Woodstock, 60 miles above Frederickton. Mr. Putnam and family remained at Woodstock, while the young men proceeded to what is now called Houlton, and felled the first trees in the place." Concerning the same subject, an excerpt from "Maine, a Guide Down East," 1937, Dorris Isaacson, editor: "A group of New Salem men purchased the academy land, of which the original thirteen however, only three, Joseph Houlton (for whom the town is named), and Aaron and Joseph Putnam, ever actually saw the land before the purchase. These men established their settlement in 1807. They found that ingress to their new home was not only arduous, but also dangerous, for beyond Old Town, the District of Maine was largely unexplored forest, dense and trackless." "The journey to Houlton had to be accomplished by way of a complicated system of waterways and carries, either from the Penobscot from the south and west, or up the St. John River to Woodstock, New Brunswick, and then westward through the dense woods. Development of the land was slow. The newcomers had to struggle for their existence as if on a distant frontier. Supplies were brought in to them only after infinite labor, and the growing season was very short. A cow was a luxury and every piece of mill machinery was worth its weight in gold." In 1805, LUTHER was a grown young man, who probably had had to hire himself out to others many times during his mother's periods of hardship. It is probable that his education frequently was sacrificed to "bringing home the bacon." It was the beginning of his wanderlust, which would take him to Collins, NY with his brother, James, and possibly to Broome, County, NY with his brother Asa. In the 1840's he was reportedly living in Indiana or Ohio, where his children from his second wife SARAH were born: ELISHA, Isabella and Robert. In 1848, he signed a petition with his brother Asa, for a new road to be built in Dodgeville, WI, and where his children ELISHA, Robert and Isabella were raised by their uncle Asa and Aunt Chloe Tyrer. [Hiram and James L. Tyrer were also sons of Luther.] Then sometime before 1850, Luther returned to his land in NY. Miss Ruth Potter, President of the Wisconsin State Genealogy Society prepared the following information, for Mrs. Angeline Haas Williams, granddaughter of Eleanor Tyrer: "There was much migration from Wendell, as new, richer lands in the state of New York were being opened for settlement. James [L.] and LUTHER TYRER joined this migration and settled in Concord, Erie County, New York, while their brother, Asa Tyrer migrated to Broome County, New York?" From the History of the Original Town of Concord, Erie Co. NY, author Briggs: "Many people were coming to Concord, N.Y. in 1810 when James and LUTHER TYRER of Wendell, Mass. arrived. Their brother Asa Tyrer, migrated to Brooms County, NY and a few years later went up the first steamboat to ascend the Mississippi River, and pioneered again in Quincy, IL and in the vicinity of Dodgeville, WI." From Ruth Potter: "James' and LUTHER's first land in Concord was in Township 7, Range 8, Lot 3 (near Marshfield)." From History of the Town of Concord, Briggs, page 278: "Captain Samuel Briggs lived in Taunton, Mass., during the time of the Revolution. In his younger days he was captain of a whaling vessel that sailed from New Bedford, Mass? In after years he removed from Taunton to Franklin County, and bought a farm and mills on Miller River in the town of Orange. On a certain occasion, during a flood, he was attempting to save some logs, which were going over the dam, when he was struck by one of the logs and [was] knocked over the dam upon the rocks below and killed. Captain Tyrer, an early settler in this town who was at that time a young man and worked for Captain Briggs, ran down and picked him up and carried him to the house." From the History of the Original Town of Concord, Erie Co. NY, author Briggs, page 697 , Statement of David Wilber: "It took us three days to move from Hamburg to Collins: we staid the first night at Jesse Putnam's who lived on part of the farm that Lewis Trevitt has so long since occupied. We came by the way of Woodward Hollow and the Genesee road. Besides my father's family there were in the company Mrs. Luke Crandall, Allan King and wife, Arnold King, John King, Henry Palmerton, Jahiel Albee and John Williams." "When Mrs. Crandall started from Vermont, her father, in accordance with olden custom, presented her with a bottle of rum, directing her not to uncork it until they reached 'The Hill of Difficulty' referring to Pilgrim's Progress. At Woodward's Hollow they had to chain the sleds to trees to get down safely. At the foot of the ascent on the other side Mrs. Crandall said: 'Here is the Hill of Difficulty; let us drink,' and opened her bottle and presented it first to Mrs. Wilber. Anyone who has been up that hill will appreciate her remark". "We staid the second night at James Tyrer's whose house or shanty stood on the Genesee road, on lot three, township seven, range eight, and was the first one we had seen since leaving Putnam's. The shanty was so small that the whole company could not sleep inside, so Jehiel Albee proposed that he and the other young men should sleep upstairs. Accordingly Jehiel Albee, John King, Arnold King, Henry Palmerton and John Williams slept on top of the shanty." From the History of the Original Town of Concord, Erie Co. NY, author Briggs, page 746, from the statement of Isaac Woodward: "I have heard my father speak of his frequent encounters with bears when he first settled there, but they were pretty well thinned out before my remembrance. I never saw a live bear in the woods, but I remember having seen James and LUTHER TYRER carry a bear they had just killed past my father's house. I do not know that I ever saw a wild wolf alive, but I frequently heard them howl." From the History of the Original Town of Concord, Erie Co. NY, author Briggs: "Soon after the Tyrer brothers came to Erie County, the War of 1812 broke out. Many loyal citizens of Concord responded to the call for soldiers, including brothers James, Jr. and LUTHER TYRER. From the History of the Original Town of Concord, Erie Co. NY, author Briggs, page 637, statement of Benjamin Albee, 2nd: "Later when the services of the settlers were needed as soldiers, my father, brother Jehiel, Darius Crandall, James Tyrer, Henry Palmerton, Luke Crandall, Stephen Peters, Jesse Frye, Simeon Watterman, Luther Pratt, Phineas Orr, Elisha Cox and others, went out on the "lines" and I was about the only man (and I was only sixteen) left in our neighborhood to look after things." From the History of the Original Town of Concord, Erie Co. NY, author Briggs: "James was a carpenter, and part of the service he rendered was in helping to build boats in Buffalo, New York. He became a sergeant and served in Capt. Frederick Richmond's company of Col. William Warren's regiment, New York militia. After the war, he continued to serve in the state militia, and became a captain. He was commonly known as Captain Tyrer." Luther's oldest child, Louisa Tyrer, was reportedly born in June, 1812, which means that he was likely married to Nelly Curtis before that, in about 1811. He could have married her in Massachusetts or in Erie Co, NY. LUTHER was listed as a veteran of the War of 1812, in the Index to War of 1812. The bounty lands warrant number is 405-160-50. LUTHER received no pension, only bounty land, and he is listed as serving in the regiment raised by Capt. Elias Hull or Hall (possibly a retired officer of the American Revolution). LUTHER's bounty warrant application was written Oct. 19, 1850, only two weeks following the passage of the "Act Granting Bounty Lands to certain officers and soldiers who have been engaged in the military services of the United States" passed Sept. 28, 1850. It states: "LUTHER TYRER, aged 62 years, a resident of Collins, in the state of New York, who being duly sworn, declares that he is the identical LUTHER TYRER who was a private soldier in the company commanded by Capt. Hull [Hall] in a regiment of volunteer infantry of one year troops, commanded by Col. Philetus Swift in the War with Great Britain declared by the United States on the 18th day of June 1812. That he volunteered at Concord on or about the last day of May 1812 [his muster card says he enlisted on the 14th day of May] for the term of one year, and continued in actual service in said war for the term of six months until the 16th day of November 1812." "Following which he enlisted for five years into the 5th Regiment, U.S. Infantry, as will appear by the muster rolls of said company. That he had no discharge. That he was, after his enlistment last mentioned, mustered into Capt. Wm. H. Waterbury's Company [aka Wharterby in the Documentary History of the Campaign: Niagara Frontier in the Year 1812.] Lieutenant Hook was one of the Lieutenants of the Company. That after his last enlistment for the term of five years, he continued in actual service in said war for the term of about eleven days, when he was taken prisoner near Fort Erie in Canada on or about the 27th day of that month, November 1812." ""That he was taken to Fort George in Canada, where he was retained a prisoner over two months, when he was paroled and taken to the American side of the Niagara River and reported himself to his officers at Flint Hill near Buffalo, that he was sent to Greenbush and from there to Boston when he was paid three months pay. That he there obtained a permit to return home until called on. That he arrived home the 21st of April 1814, where he remained during the war and never was exchanged to his knowledge. That he never received any bounty land." From the Nat'l Archives Microseries M602, Compiled Service Records of Volunteer Soldiers Who Served During the War of 1812: [A footnote on each card says that this company, at various times, was designated as Captain Silas Hopkins and Captain William Hull's company. The name William should have been Elias. Shortly after this muster, Capt. Silas Hopkins was promoted to lieutenant colonel, and did not actually serve as the captain to the men. Elias Hall or Hull served in that capacity.] First Card: "LUTHER TYRER, private, Capt. Silas Hopkins' company of infantry, detachment New York volunteers, commanded by Lt. Col. Philetus Swift, War of 1812, appears on Company Muster Roll for: 13 May to 13 July, 1812. Roll dated: roll not dated. Date of appointment: May 14, 1812. To what time engaged, or expiration of service: May 14, 1813. Present or absent: present." 2nd card: "LUTHER TYRER, private, Capt. Silas Hopkins' company of infantry, detachment New York volunteers, commanded by Lt. Col. Philetus Swift, War of 1812, appears on Company Muster Roll for: 14 July to 14 Sept, 1812. Roll dated: roll not dated. Date of appointment: May 14, 1812. To what time engaged, or expiration of service: May 14, 1813. Present or absent: present" 3rd card: "LUTHER TYRER, private, Capt. William Hull's company of infantry, detachment New York volunteers, commanded by Lt. Col. Philetus Swift, War of 1812, appears on Company Muster Roll for: 14 Sept to 14 Nov, 1812. Roll dated: roll not dated. Date of appointment: May 14, 1812. To what time engaged, or expiration of service: May 14, 1813. Present or absent: present Listed in the five years service, dated 15 Nov. 1812" 4th card: "LUTHER TYRER, private, Capt. William Hull's company of infantry, detachment New York volunteers, commanded by Lt. Col. Philetus Swift, War of 1812, appears on Company Pay Roll for: 13 May to 13 July, 1812. Roll dated: roll not dated. Commencement of service or of this settlement: May 14, 1812 Expiration of service or this settlement: July 14, 1812 Term of service charged: 2 months Pay per month: 5 dollars Amount of pay: 10 dollars Pay in lieu of clothing: 16 dollars Total amount: 26 dollars" 5th card: "LUTHER TYRER, private, Capt. William Hull's company of infantry, detachment New York volunteers, commanded by Lt. Col. Philetus Swift, War of 1812, appears on Company Pay Roll for: 30 July to 30 Sept, 1812. Roll dated: roll not dated. Commencement of service or of this settlement: July 14, 1812 Expiration of service or this settlement: Sept 14, 1812 Term of service charged: 2 months Pay per month: 5 dollars Amount of pay: 10 dollars" 6th card: "LUTHER TYRER, private, Capt. William Hull's company of infantry, detachment New York volunteers, commanded by Lt. Col. Philetus Swift, War of 1812, appears on Company Pay Roll for: 14 Sept to 14 Nov, 1812. Roll dated: December 20, 1812 Commencement of service or of this settlement: Sept 14, 1812 Term of service charged: 2 months Pay per month: 5 dollars" There is also this document: Treasury Department, Third Auditor's Office: January 15, 1851 "It appears from documents on file in this office, that: LUTHER TYRER, a private of Captain Elias Hull's [or Hall's] company of volunteer infantry, entered the service on the 14th May, 1812 and served till the 14th May, 1813. Entered for 5 years." B. F. Gallagher ____ auditor Commissioner of Pensions Dept of the Interior. From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1, collected and edited for the Lundy's Lane Historical Society by Major E. Cruikshank: Page 47: "General Order, Headquarters, April 2nd, 1812? Major General Hall will forthwith detach from the Seventh division of infantry under his command six hundred men, including officers, and will organize them into eight companies and assign captains and subalterns to command the companies. The detachment [page 48] from his division will be directed to rendezvous in such parcels and at such places as he shall designate, and will from thence, proceed to the post of Niagara. Lieutenant Colonel Philetus Swift will take command of the detachment from the Seventh Division. The commandant of the Genesee brigade will detach one major and the commandant of Niagara brigade one other major, who, together with Lieutenant Colonel Swift, will compose the field officers of the detachment?" [From the Tomkins Papers, New York State Library] Page 48: "General Tomkins to Colonel Philetus Swift, Albany, 2nd April, 1812: Dr. Sir, Perhaps you did not expect the evening that you left Albany that I should so soon have occasion to accept the offer of your services. The enclosed papers will make you acquainted with the proceedings which I have been directed by the President to pursue in relation to the detachment of the militia. You may consider yourself in service from the day of the receipt of this letter, and will consult with General Hall and exert yourself to get volunteers or others enrolled and ready to march whenever ordered, which will be the moment the contractors arrive and proceed westward to supply provisions, which will be in a day or two." "You are at liberty when the detachment shall be ordered to rendezvous to call on the keepers of the arsenals at Canandaigua and Batavia for arms and ammunition to supply such of the volunteers and others as may be deficient, and to show the keepers this letter as evidence of your authority to do so. You will receipt to them whatever they may deliver." "Colonel Burnet is appointed Brigadier General, which will satisfy him why he was not assigned to the command of Lt. Colonelcy. Major Reddington is appointed Lt. Col. in the stead of Colonel Stanley, resigned. I will, if possible, sent their commissions by the messenger whom I have employed to convey the General Orders and other papers to the respective officers." "P. S. I should think Major Gansen or Major Sutherland of Genesee would be a good appointment for that county." "I have this moment received a line from the War Department, saying that volunteers under the Act of the 6th of February last, authorizing the President to accept volunteers, would be preferred. If I do not procure a copy of that Act to transmit by this conveyance, I will forward it speedily by mail." "I have procured a copy and have had it printed with a caption for volunteering. I am in hopes you and the majors can obtain volunteers sufficient for the detachment, and therefore send you several copies." [From the Tomkins Papers, New York State Library] From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 63: From the Buffalo Gazette, Tuesday, May 19, 1812: "Colonel Swift of Ontario County, who is appointed to command on the frontiers, arrived in this village on Sunday last." From the History of the Original Town of Concord? page 60: "On the 17th of May, Colonel Swift, of Ontario County, came to Buffalo to assume command on the frontier. On the 18th, the first detachment of militia marched through that village on their way to Lewiston. They were from the south towns [Concord, North Collins, etc, are considered to be south towns of Erie County. LUTHER enlisted on the 14th of May, so his squad probably was in this initial group], and were commanded by Major Benjamin Whaley." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 68: "From the Buffalo Gazette, Tuesday June 16, 1812: Colonel Swift has returned from Albany and resumed command of the volunteers on Niagara River. The volunteers have all arrived on the frontier, to the number of 600." "Another 'Speck'-One of the sentinels at the Rock [Black Rock] some time last week having liberty to discharge his musket, leveled his piece across the river and fired the same, intending, as he said, to see how prettily the ball would skip on the water, when the ball, disdaining to be tied down to a milk and water course, overlapped the bounds of reason and the boundary of the United States and deposited its cold self into a rail on a fence near the bank of the river and also near the house of a gentleman, & etc. We are assured that the affair will be noticed and may possibly lead to a consequence.' From the Buffalo Gazette, Tuesday, June 23, 1812: "To the Editor of the Buffalo Gazette: Sir, whilst strict attention has been observed by the inhabitants on the Canada shore opposite Black Rock not to molest or offend any person residing at the Rock or its vicinity, we had reason to expect that a reciprocal attention would have been shown to us, but we are extremely sorry that our expectation has been disappointed, and that our peace has been disturbed and our inhabitants annoyed by some thoughtless or evil disposed person having recently fired several musket balls from the American shore. The whistling of these bullets has been distinctly heard and ascertained by the examination of several reputable persons. One ball came near to the blacksmith shop, one near to Henry Trout's tavern, and one a little down the river." "While we regret the cause that has occasioned this statement, we feel confidant that it requires only to be made known to the authorities, who assuredly will prevent such licentious behavior in future, and therefore request that you will give it a place in your impartial paper and oblige your humble servants, John Warren, Sr, JP, John Warren, Jr, JP, R. Hardison, Hugh Alexander." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 86-87: "From the New York Evening Post, Wednesday, 8th July, 1812-Buffalo, June 30, 1812:? Mr. Frederick Miller of this town has been appointed Major Commandant of the forces at Black Rock. Colonel Swift [LUTHER's colonel] has taken command at Lewiston. General Porter arrived in town on Saturday, and we understand immediately sent an express to Canandaigua to expedite with all possible dispatch the arms and ammunition deposited in the arsenal at that place to Black Rock. Several companies of militia of General Hopkins brigade have been ordered en masse to Black Rock." "The light infantry company of Captain and militia company of Captain Hull are embodied and rendezvous in this village to protect the town." From the History of the Original Town of Concord: Pages 60-61: On the 23rd of June, Colonel Swift [LUTHER's colonel], whose headquarters were at Black Rock, was in command of 600 militia; besides there was a small garrison of regulars at Fort Niagara. There was no artillery except at the fort. "The preparations on the other side were somewhat better, there being six or seven hundred British regulars along the Niagara and a hundred pieces of artillery." "On the morning of the 26th of June, a small vessel, which had just left Black Rock, was noticed entering Lake Erie by some of the citizens of Buffalo, and presently a British armed vessel from Fort Erie was seen making its way toward the American ship. The latter was soon overtaken and boarded, and then both vessels turned their prows towards the British stronghold. The vessel was captured, and a few hours later an express-rider from the east arrived bearing the President's proclamation of war [which had been declared back on the 18th of June]. The Canadians had received the news the earliest. The express-riders spread the news as they passed upon the main roads; thence it spread rapidly in every direction from settlement to settlement." The usual avocations of life were temporarily suspended. Here and there in all the detached neighborhoods were small collections of citizens deliberating and consulting upon measures of safety, defense or flight. Many made hasty preparations and were soon on their way seeking asylums beyond the Genesee River. Many families who left, returned after a few weeks' absence. All was bustle and confusion; soldiers were mustering, volunteers and drafted militia were marching to the frontiers from the back settlements in small squads and larger companies. By the 4th of July, the aggregate militia force upon the frontier was about three thousand. Soon after the declaration of war, Gen. William Wadsworth, of Geneseo, assumed command. On the 28th of July, the command devolved upon Gen. Amos Hall, of Ontario County?" From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: "Augustus Porter to General Peter B. Porter, Manchester, July 2nd, 1812: Sir, The troops have come in such numbers that all alarm here has ceased. I think the danger now is that we shall have too great a number. If it were possible to stop the common militia from coming on any more, and let Wadsworth come with his detachment of 1,000 and the regular troops, it would be best. I would, however, let Swift [LUTHER's colonel] take the responsibility of ordering this. I now think the most important thing to be attending to is the sending to General Hull an express, notifying him that provisions are on the lake but cannot be got up, and advise him to take his own measures to obtain supplies. I think it best to send off the Contractor and for that purpose let her be got ready." "I will see Swift [LUTHER's colonel] today and will be up tomorrow. I shall be under the absolute necessity of purchasing 1 or 200 barrels of T. B. and Co. pork. Taylor should go after cattle as soon as possible. I send up the bearer after five or six head of cattle and more, if you have obtained them from the Indians as you expected. I should go up to Black Rock today, but am obliged to prepare for troops which Colonel Swift [LUTHER's colonel] will send today to this place. I expect a large number will be sent here, as I can accommodate them with a number of empty houses and ropewalk. Do let your deputy send down all the camp kettles you can possibly obtain, the troops here are in want." "P. S.- I have no doubt the enemy have varied their notions of operations and that the attack on Niagara is abandoned, as two companies came up yesterday, one of which has commenced a battery at Queenston and the other gone up the river." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 97: "Major Parmenio Adams to General Porter: "Your letter by the Indian, directed to Colonel Swift [LUTHER's colonel], was received here last evening. I called a number of the officers and principal inhabitants together and had a council with the Tuscaroras, and we all assured them that in our opinion they were perfectly safe, and advised them to return with their families to their village. They appeared to be satisfied with our assurances, and I think will rest easy." "General Wadsworth stayed four miles from this last night; will be here in a few hours. It is not considered advisable to send any of the troops away that has already arrived until more arrive. Two hundred men can be accommodated at Schlosser: Judge Porter sent us word yesterday that that was the case. I think if that number was sent there it would be best. They could act either up or down the river, as occasion would require. The British have completed a battery above Queenston last night and are very busy this morning clearing off the trees." "Enclosed I send you Captain Leonard's letter. You will see his opinion on the subject of assembling troops. I refer you to Colonel Swift [LUTHER's colonel], who will be able to give you every information. Would it not be advisable for General Porter to come down and see General Wadsworth to consult on operations?" July 3rd, 1812 (Manuscript of Hon. P. A. Porter) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 101-103: Brigadier General William Wadsworth to Governor Tomkins, Headquarters, Lewiston, July 6, 1812-"Sir, Since writing from Genesee and putting part of the detachment ordered out for the march, I came on to this place and have visited Fort Niagara. The fort is very much decayed. There is now at the fort six pieces (six pounders) mounted. They can only be used in the fort for want of horses and harness. There are four howitzers and two mortars, neither of them mounted. There are no shells to make use of even were they mounted. Amongst every other difficulty to be surmounted there is no one appears more serious than the want of ammunition." "The store on hand may be considered about 3,600 of powder, and shot in proportion, together with about 16 boxes of musket cartridges and distributed in the following manner: At Fort Niagara, thirty cwt. powder, and the remaining 600, a part at this place and a part at Black Rock; the boxes of cartridges are at the several places of rendezvous. Four field pieces have been ordered in from Ontario; two are at this place and two at Black Rock. To make them useful it will be necessary to have horses for moving them." "The arms that were drawn by Lieutenant Colonel Swift [LUTHER's colonel] are many of them unfit for service. They will be inspected very soon, when [pg. 102] it will be known how many of them are fit for use. The detachment from Ontario County will be here this morning. The detachments from Genesee and Niagara are principally out, and will be organized under Lieutenant Colonel Dobbin." "When the several detachments that are ordered out are inspected there will probably bee the following number and organized in the following manner: "Under Lieutenant Colonel Swift 400 Under Lieutenant Colonel Allen 400 Under Lieutenant Colonel Dobbin 300 1100 Absent 336 Sick 20 Dead 4 360 360 1460 "The detachment when made, to which the above officers were assigned, was as follows: Lieutenant Colonel Swift 600 Lieutenant Colonel Allen 510 Lieutenant Colonel Dobbin 350 1460 "There are in the fort under Captain Leonard 150, and on the 4th inst. Were marched in by Major Mullany of the United States army, his corps of about 250, making in the fort 400, together with 1100 detached militia, making in the whole 1500 now for duty on the frontier. There has been considerable sickness in Lieutenant Colonel Swift's [LUTHER's colonel] regiment." Page 103: "?It is a cause of much regret that there are no tents, camp kettles or any description of camp equipage now in this quarter." "The dissatisfaction of the two regiments of militia is not to be surmounted in any other way than to dismiss them to save the disagreeable necessity of their dispersing without permission. They were called out at a moment's notice, and could make no preparations for themselves and they found very little made for them. They were able to draw but little bread, and to draw flour seemed useless, for they had not any utensils to cook it in. Such pails and kettles as were to be had were purchased, but in the distribution there was not one to a company?" [LUTHER may not have been among the men dismissed, because his regiment is always referred to as the regiment of volunteers under Lt. Col. Swift, and they remained in service after the common militia were dismissed. We know that LUTHER had re-enlisted on November 12 1812, and so it is not an error of the date f the year, as suggested above. However his first term was supposed to be for one year in the militia. If the above explanation was the reason for the original term of enlistment being shortened to six months, then it is possible that he and the others marched quickly home to gather up the things that they needed. He then returned and re-enlisted, this second time in the regular army, Fifth Regiment, U. S, Infantry. However, this is getting ahead of the story. Prior to LUTHER's November re-enlistment, the Battle of Queenston Heights took place.] From the History of the Original Town of Concord: Page 62: "After the first turmoil and bustle was over, there succeeded comparative quiet-weeks and months of inactivity upon the lines. The usual avocations were partially resumed in the settlements, though disturbed by militia drafts and harassing, unfounded rumors of actual or contemplated incursions of the British and Indians." From The War of 1812 on the Niagara Front, by Louis L. Babcock, published in 1927 by the Buffalo Historical Society page 35: "The militia were armed with the weapons the men happened to bring with them, and owing to poor quarters, improper food and lack of control the men soon contracted camp diseases and became sickly. For several weeks after the declaration of war there was only powder enough to enable the troops to fight an hour. General Peter B. Porter reported that the militia who had promptly repaired to the frontier had returned to their homes and that their places had been filled with raw levies." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 117-119: "General Peter B. Porter to Governor Tompkins, Black Rock, July 9, 1812-Sir, I have just returned from Niagara and Lewiston, where I spent two or three days with General Wadsworth. The ordinary militia who repaired to this frontier in great numbers and with promptitude that has done them great credit, are now mostly dismissed and have returned to their homes, their places being supplied by the detached militia, most of whom have arrived and the remainder coming in daily. Our force when organized a day or two hence, will consist of the detached or drafted militia, about 1,500; Colonel Swift's regiment of volunteers, about 550; the regular troops at Niagara fort, about 450, and a few men of the ordinary militia, say 100, who are about to volunteer under the act of the 6th of February, making in the whole, about 2,500 men. This force, raw as it is, with only a few pieces of light artillery and not more than one company (Captain Leonard's) who know anything about artillery, is in my opinion barely sufficient for the protection of this river against a greater number of men with a full supply of heavy ordnance and a powerful train of field artillery managed by experienced troops?" "?Would it not be well to commence building 50 or 60 boats? [This is the duty that LUTHER's brother, James performed during his stint in the militia in the War of 1812.] I have ventured already to build four, which are indispensable for ordinary uses. The village at the Falls is a place peculiarly fitted for this business. There is plenty of good timber, a saw mill, pitch, oakum, and etc and fine quarters for men. A few ship carpenters, who could be engaged here, and the artificers belonging to the troops, would build them in a few days. The boats would be perfectly safe as respects the enemy, and could be put into the water above or below the falls." "The troops who have been thus suddenly and unexpectedly thrown upon the frontier, have subjected me to many serious difficulties and embarrassments and to a heavy responsibility. They have depended on me for almost everything, and it was necessary they should be supplied, having brought with them no means of subsistence for themselves? (Tompkins Papers, Vol. VII, pp. 366-370, New York State Library.) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 125: "General Order, Headquarters, Albany, July 13, 1812-Major-General Stephen Van Rensselaer having been requested to repair to the command of the militia heretofore ordered into the service and to be hereafter ordered into the service of the United States, for the defense of the northern and western frontiers of this state between St. Regis and Pennsylvania, enters upon his command this day. All the militia comprehended in the brigades of detached militia organized in the first detached division by General Orders of the 18th day of June last, together with the corps commanded by Lieutenant Colonels Swift [LUTHER's colonel], Fleming and Bellinger, are hereby declared to be subject to the orders of Major General Van Rensselaer without waiting for further general orders on that subject, and all officers commanding the militia from which the first detached division was taken are promptly to obey and respect such division orders accordingly. William Paulding, Jr, Adjutant General." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Pages 139-141: "Inspector General Nicholas Gray to Governor Tompkins, Headquarters, Lewiston, July 22, 1812-Dear Sir, I arrived here on the 18th inst. And was received with every mark of attention and respect, and yesterday visited the garrison, accompanied by General Wadsworth, whose anxiety for the necessary camp equipage, artillery, arms and ammunition is very great. We have some fine companies of infantry here without belts or cartridge boxes, and all without uniform except a very handsome company of light infantry raised by Captain Dox of Geneva, and to which evidently every attention has been paid?" "The enemy have thrown up redoubts on the south and north approaches to Queenston, which command our camp, stores, headquarters and etc. They appear to have in each of them an 18-pounder, and the one on the south side has been leveled at the general's quarters ever since I came here; the distance about nineteen hundred yards? The enemy unfortunately have the commanding ground everywhere, and even at the garrison commanded by Captain Leonard, who, I believe, is an excellent officer?" Page 140: "?General Wadsworth has this morning ordered a military school both for officers and soldiers which you know is much wanting. He pays unwearied attention to the troops, and a system is forming which has for its object the organization of the staff and camp duties. Indeed he is most deficient in his most necessary officer, who is absolutely incapable and negligent. I mean his brigade inspector, who seems to be in a dream from morning till night. I should strongly recommend the removal of this gentleman, and some capable officer put in his place. His name is Keyes. To the incapacity of this officer the want of due organization is owing in a great measure?" "?the absolute want of all sorts of working tools has prevented the troops taking measures absolutely necessary to their protection. They have been in want of everything, and have great fortitude and zeal to bear their privations so well. The camps are pretty healthy. Out of 402 men, the sick returns are 35?" "?A citizen of the States came over yesterday morning with two others, and informed the General that a party of Indians had passed over to Grand Island for the purpose of destroying the military stores along the shore from Black Rock. Your two letters I had the honor of delivering to Colonel Swift [LUTHER's colonel], and the promotion of Major Miller was well received. He appears to be a good officer?" Page 141: "?The militia of Canada, we understand, have been allowed to go home to the harvest, and I know not a more applicable or better chosen time can occur to overwhelm them than just now, if the troops were prepared and in sufficient numbers to ensure victory. General Hall has not arrived here as yet, but is expected to march this day from his home. The tents and etc, have not as yet arrived, but are also expected, as is some artillery?" (Tompkins Papers, Vol. VII, pp. 502-6, New York State Library.) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 150: "From the Buffalo Gazette, Tuesday, 28th July, 1812 "General Hall and Suite Arrived On Friday evening last General Hall arrived in this village, accompanied by Major William Howe Cuyler and George Hosmer, Esq, as aids-de-camp, and a body guard consisting of a detachment of fifteen men of the East Bloomfield Light Horse, commanded by Sergeant Boughton." "General Hall is now General-in-Chief on our frontier." "On Saturday, the General, escorted by a number of the first characters of this village, moved to Black Rock, and after paying his respects to Colonel Swift [LUTHER's colonel] and other officers, and reviewing and inspecting the troops, he returned to Buffalo." "On Sunday morning the General left this village for Lewiston. The British have erected another breastwork in a circular form on the hill near Captain Hardison's opposite Black Rock. A number of soldiers are stationed behind it." "When General Hall and his suite and escort appeared at the Rock on Saturday it produced considerable bustle on the Canada shore. Expresses were sent off in various directions, troops were marched from Fort Erie to the breastworks, and four pieces of artillery were placed in front of Douglas's opposite Lower Black Rock." "We learn that a number of soldiers at Black Rock remain sickly, that every attention is paid to them, and that none are dangerously ill." "At Lewiston we learn that the troops are generally healthy." "It is with pleasure we learn that strict and regular discipline prevails in the camp at Black Rock, and that the soldiers are orderly and the non- commissioned officers prompt and attentive in the discharge of their respective duties." "It is reported that a parcel of Indians have left Canada and landed on the Grand Island (about 12 miles long and 10 broad, lying in the Niagara River between Black Rock and Schlosser) for the purpose of making an attack on our frontiers. Two companies of volunteers are stationed on the river between Black Rock and Lewiston." "The Grand Island belongs to our Indians, and if any Indians are on the island it is very probable they are from this side for the purpose of killing game." A Spy in Custody. "On Friday the 24th inst., it was rumored that a man by the name of Elijah Clark, a subject of His Majesty in Upper Canada, [page 151] was on this side a few miles up the lake, lurking about apparently as a spy. Judge Barker, Captain J. Wells, and some others immediately went in pursuit of the fellow. They found Clark in the evening and arrested him at the house of Mr. Lay, about twenty miles from this village. He appeared considerably agitated and declined giving any satisfactory information as to his crossing the lake, or who or how many came with him, but by means of vigilance and good management they succeeded in arresting two others by the names of Aaron Brink and David Lee, who rowed the boat from Canada with Clark. On Saturday they were taken to Black Rock and underwent an examination before Colonel Swift [LUTHER's colonel] and Major Miller. They were committed to the prison of this county till a court martial should be ordered by Major General Hall. Brink and Lee have been removed from jail and are under keepers. Clark is well guarded." "These criminals were all born in the United States and till within a few years since have resided in this village. Clark is a merchant in Canada, a young man, a noisy politician and always to be found in the majority in whatever government he resides." The Canadian forces in Upper Canada were under the command of Major General Isaac Brock. From The War of 1812 on the Niagara Frontier, page 37: "General Stephen van Rensselaer reached Buffalo on August 10, 1812, and assumed command of the troops stationed along the Frontier." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 170: "From the Buffalo Gazette, Tuesday, 11th August, 1812: "Last Wednesday before a general court martial held at the courthouse in this village, Colonel Philetus Swift [LUTHER's colonel], President, commenced the trial of Elijah Clark. The charge brought against him was that of being a British spy. The trial continued until Saturday about noon. The decision is not yet known, and probably will not be for several days." "At an Indian Council held at Cattaraugus on the 29th July, the Indian chiefs requested that no more whiskey should be sold to the Indians." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 173-176: "General Amos Hall to Governor Tomkins, Manchester, August 13, 1812-Sir, In conformity with your directions in your letter of the 8th of July, I repaired without delay to the Niagara frontier. On my arrival I found that considerable apprehension was entertained of an invasion, but before I could form an opinion as to the fact, I found that it would be necessary for me to take a general view of the lines. I spent about a week in the examination and in making such disposition of the troops as appeared to me best calculated to protect and guard the frontier. I, however, found it difficult with the force we had on the lines to distribute the men so as to form a chain of sentinels and patrols from lake to lake, and have men left off guard duty sufficient to erect such batteries as have by the advice of General Gray been erected, and to perform other necessary fatigue duty?" Page 174: "The quartermaster General has commenced building boats at Manchester (near the falls), and by the assistance of fatigue parties from the lines we are in hopes to have forty boats completed within two or three weeks at the farthest." "I consider it a great misfortune that we are not now provided with boats and a sufficient number of troops to cross the river. It is a favorable moment and I regret very much indeed that we are not prepared to improve it." Page 175: "?The troops now on the lines are stationed as follows: Lieutenant Colonel Swift's [LUTHER's colonel] regiment at Black Rock, except one company on command at Buffalo; four companies of Lieutenant Colonel Dobbin's regiment and one company of Lieutenant Colonel Allen's regiment at the camp near old Fort Schlosser; Captain Dox's volunteer company and three companies of Lieutenant Colonel Dobbin's regiment at Lewiston; Lieutenant Colonel Allen's regiment, excepting one company at the Five Mile Meadows, between Lewiston and Fort Niagara. Part of the regular troops are at Youngstown, the remainder in the garrison." "Our whole force cannot be estimated to exceed fourteen hundred effective men. Twelve dragoons are distributed at the different posts on the lines, who answer for expresses and patrols..." "?Judge Porter brings reports that Michilimackinac has been taken, that it was given up on summons, not a gun fired. There were seventy men in garrison and about one hundred of the enemy; from twelve to twenty only were white men, the remainder Indians?" Page 176: "General Van Rensselaer and suite arrived at this place last evening. He will proceed to the garrison tomorrow. After taking a view of the lines he will take command on this station?" "?The troops here are generally healthy, excepting slight turns of the distempers incident to camps on their first formation. There have been but few cases of fever taken place in the camp for the number of men and the season of the year." N. B.-August 14-General Van Rensselaer has taken command on this station. I find by General Orders by him on the 13th July that he is authorized to call out such parts of the detachments as he may think necessary. He appears very anxious to have it in his power to do something for his country; he will order on more troops immediately." (Tompkins Papers, vol. VIII, pp. 53-58, New York State Library.) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 182: "General Orders-Headquarters, Lewiston, 16th August, 1812: Major General Hall will please to order the troops in the vicinity of Niagara Falls to repair to Lewiston as soon as may be convenient, reserving a necessary guard at that place until it shall be relieved by a detachment from Lieutenant Colonel Swift's [LUTHER's colonel] regiment. The court martial, whereof Brigadier General Wadsworth is president, will adjourn to headquarters, and there finish the business before them." "The troops between Lewiston and Fort Niagara will, with their baggage, march tomorrow morning at 10 o'clock to Lewiston, leaving guards at the places heretofore occupied for watching the movements of the enemy. The quartermaster will furnish the necessary transportation." "Lieutenant Colonel Swift [LUTHER's colonel] will furnish small guards of observation from Buffalo to the Falls of Niagara, inclusive. They are to communicate to the General-in-Chief by runners any movement of the enemy with all possible dispatch. By order of Major General Van Rensselaer." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 188: "General Orders, Lewiston, 18th August, 1812: Lieutenant Colonel Swift [LUTHER's colonel] will order under arrest Captain Dogherty of his regiment for absenting himself from his company and will investigate the cause of firing of a field-piece at Black Rock on the opposite shore, and by whom, and report the facts to the Major General without delay. By order of Major General Van Rensselaer." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 193: Inspector General Nicholas Gray to Governor Tompkins, Black Rock, 19th August, 1812:? Major General Van Rensselaer, his aide and secretary, arrived here on Thursday morning last and went forward to Lewiston, where he had made his headquarters. There is a rumor of General Hall returning home in consequence of the arrival of Major General Van Rensselaer." "I have been highly flattered by receiving the thanks of the Generals on the lines for the exertions I have made in making their situation secure. General Van Rensselaer feels secure even under the guns of the enemy at Queenston, and Colonel Swift [LUTHER's colonel], who commands here, has no terror, as he has a battery or two of his own. The inhabitants of Buffalo wish for a one-gun battery to protect their town?" From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 202-203: "Lieutenant Colonel Philetus Swift [LUTHER's colonel] to Governor Tompkins. Sir, I take the liberty to communicate to you my situation, and the situation of my regiment. I have about four hundred and seventy men, four hundred of whom are good and in high spirits; men that I am willing to risk my life for and with, and believe they are with me, but that is not enough for a regiment. Your knowledge of me will lead you to suppose that it would be pleasing o me to have an opportunity to do my country service, and if I may be allowed to enlist under the Act of the 6th of February last, two or three hundred men more as good as I now have, I should feel as if we could well tell in the place of danger." "My regiment is all under the Act of Congress except Captain Jennings' company, which I should be glad to get rid of. I have put him under arrest for detaining pay from his men, which would have volunteered had he not advised them otherwise. Captain Joseph Wells, who commands a light infantry company in Buffalo, has been in service since the militia was called out in June by order of General Wadsworth. He now has 26 good men enlisted under the Act of Congress, and I believe could fill his company immediately had he orders from Your Excellency to that effect. He is now under my command and wishes to remain so; on those conditions the men have enlisted, that they belong to my regiment." "Captain Mahar mentioned to me this evening that his company of riflemen was called out, and that if they was sent into the lines in this part, it was his wish to join my regiment, which would be very agreeable to me and to my regiment. I have good officers. One company now commanded by Captain McNair, by Captain Rowley where first ordered into service, who General Wadsworth discharged, has no other officer in the company. Captain Matteson's company has no lieutenant in it." "My men are sickly at present, but I hope on the mending hand. There is 21 sick that are confined to bed, 12 more that are in the hospital, the greater part is on the recovery. They have good stores and good attendance. The money sent on for clothing did my men but very little good, except Captain Elias Hall [LUTHER's captain], who has bought clothing for his men, and Captain Mahar. It was out of my power to get the others to do the like, and if they remain in service, I fear they will be destitute of clothing except they have some sent on." "We have been full of trouble and hard duty, without danger to keep us alive. A few days since we had our expectations raised in hopes of a chance to cross the river and by that relieve General Hull or stop the troops that were marching against him, but the orders from General Dearborn blasted all our hopes of that." "My regiment is stationed at Black Rock. We have twenty-two miles of the lines to guard. Which makes our duty very hard, while the standing troops (490) and two regiments of six months' men guarded seven miles only; but we do not complain. Permit me to request an answer from Your Excellency as far as respects Captain Wells' company, whether they can be accepted or not." Black Rock, August 23rd, 1812. P. S.-Major Frederick Miller entered the service the 21st of June by General Porter's and my request, and has been a faithful officer and done great service to our troops. Ensign Chasey of my regiment is worthy the lieutenancy in that company which is vacant. If he could have an appointment, I think it would be well." (Tompkins Papers, vol. VIII, pp. 87-91, New York State Library.) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 213-215: "John Lovett to Joseph Alexander, Headquarters, Lewiston, August 26, 1812: Dear Sir, Yesterday I wrote you, Mr. Van Vechten, and Colonel Westerlo, but what I wrote I cannot say; it was a day of turmoil, mortification and humiliation through our camp. Such a flood as the consequences of General Hull's surrender poured in upon us that it required considerable nerve to meet everything, and unluckily Colonel Van Rensselaer had gone to Buffalo to make some arrangements [page 214] with Swift's [LUTHER's colonel] regiment, which is getting down fast with sickness, and might say, too great want of discipline. Yesterday the first we saw was a guard of about 50 men passing with some wagons on the opposite shore; it was the victorious Brock returning to Fort George?" "?This part of the country now think their whole salvation rests upon our little raw army. I think, I know the fact that after Brock had taken Hull, he expressed his determination to return and take Niagara. I think his mind is altered by the armistice, but he can take Niagara any hour he pleases. Yes, my friend, we can't defend Niagara one hour. And as for our present camp, I now write with one eye on a single gun on yon hill in Queenston, which would rout us all in three minutes, and we have only two grasshoppers to [page 215] return the fire. The Ohio officers, prisoners, also were last evening with us, say that the Indians with Brock are the finest fellows they ever saw; a size larger than they ever saw. They are commanded by the prophet's brother, Tecumseh. He is hourly expected at Fort George about seven miles from us, about near enough and it is said the tawny host is to follow." "Well! Be it so, one thing our friends may be assured of, we are not scared yet. We shall never be Hulled. Our General is thoughtful but firm. We have been reconnoitering this morning, and shall probably this afternoon fix upon a spot to which we shall remove in case the armistice is broken off. We have a piece of ground in view where our little force may make a tolerable stand, and then secure our retreat unless they flank us wider that I believe our force will admit. At any rate we will not be Hulled-they may pound us or grind us. Be all of yon of good cheer as respects us, and use the fate of the other army as you ought?" "?120 of Swift's [LUTHER's colonel] little regiment sick. I told you so, but I am well. The devil seems to have got into everybody." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 218: "General Orders, Headquarters, Lewiston, August 28th, 1812: The troops will be exercised at reveille, and from four o'clock in the afternoon, two hours instead of one, as mentioned in General Orders of the 19th instant." "Captain Dogherty and Lieutenant Hewit of Lieutenant Colonel Swift's [LUTHER's colonel] regiment are released from their arrests, and will return to their duty. This renewed instance of clemency of the Major General it is hoped will be properly appreciated by them. It is not his wish to punish, but orders must and shall be obeyed." "The unhealthy state of the troops under the command of Lieutenant Colonel Swift at Black Rock renders particular attention to them and the causes of their maladies necessary. For this purpose Doctor Brown will associate with him Doctor Daniel Chipman, and they will proceed without delay to that place and make full inquiry into the situation of the sick, the causes of which have produced the diseases and the manner in which they have been treated, of all which they will make report in writing to the Major General, suggesting the best mode in their opinion to restore those who are sick and preserve the health of the well..." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 218-219: "Major General Van Rensselaer to Major General Dearborn, Headquarters, Lewiston, 28th August, 1812: Sir, By the mail of this day I received your letter of the 21st inst. I had hoped that his Excellency Gov. Tomkins might have detailed to you the condition of the troops under my command on this frontier, and also the ordinance, etc. at my command. The whole number of militia on this frontier is less than eight hundred, more than one hundred on the sick list, many without shoes and otherwise illy prepared for offensive operations. I have only five or six piece of ordnance, none larger than six pounders." "After having satisfied myself of the strength and condition of the enemy, was fully convinced that however imperious the considerations which urged an immediate descent upon Canada that the result must be unfavorable. I therefore adopted the plan of concentrating my forces scattered on this line and calling in such further reinforcements as might enable me to act. But the face of things is now wholly changed by the incomprehensible disaster of General Hull's army. Within forty-eight hours past General Hull and a considerable portion of his regulars have been marched through Queenston in fair view of my camp. The effects produced by this event are such as you will readily imagine. I understand that General Hull and his troops are now embarking at Fort George, probably for Montreal." "?I shall immediately apprise General Porter of your instruction respecting boats." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 226: "Major General Van Rensselaer to Governor Tompkins, Headquarters, Lewiston, August 31, 1812: Sir, Presuming that the surrender of General Hull's army has been announced to Your Excellency through the proper channel, I shall not enter into any details upon the event so disastrous to our country. Its consequences must be felt everywhere, but they are particularly distressing upon these frontiers, both to the citizens and the little army under my command. Alarm pervades the country and distrust among the troops. They are incessantly pressing for furloughs under every possible pretence. Many are without shoes; all are clamorous for pay. Many are sick. Swift's [LUTHER's colonel] regiment at Black Rock are about one-fourth down. I have ordered Doctor Brown to associate Doctor Chapin with him, and to examine as to the causes producing the diseases, the mode of treating them, and etc, and to report to me the best means of preserving the health of those who remain well. This duty they are now performing." "Captain Jennings [of Lieutenant Colonel Philetus Swift's regiment] has been tried by a court martial and found guilty of such charges as forfeited his commission, and I have approved the sentence. The proceedings in form will soon be forwarded to Your Excellency?" From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 228-229: "Major General Van Rensselaer to Governor Tompkins, Lewiston, 1st September, 1812: page 229: 2nd September, 4 o'clock pm? This morning Lieutenant Branch with about 40 men and two pieces of flying artillery arrived, also Captain Camp with about 25 dragoons." P. S.-The company of Captain Jennings in Colonel Swift's regiment [LUTHER's regiment] had become so clamorous for pay and contended so strenuously that their time had expired that I have ordered them to be discharged. I was strengthened in my belief that this would meet your approbation by learning from Brigadier General Brown that you had ordered Colonel Bellinger's regiment to be discharged." (Tompkins Papers, vol. VIII, pp. 103-105, New York State Library.) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 229-230: "Major General Van Rensselaer to Major General Dearborn, Headquarters, Lewiston, 1st September, 1812: Sir? Upon this occasion I conceive it a duty I owe to my country, to the troops under my command, and to my own character, to state that we are not on this frontier in that condition which the approaching crisis will require. My force of militia, rank and file, now fit for duty, is six hundred and ninety-one, as will appear by the enclosed return. These have to guard a line of thirty-six miles. My sick list is more than one hundred. Many of them without shoes, and all are clamorous for pay?" Page 230: "At this hour I have received no reinforcements of men, no supplies of ordnance, tents nor ammunition. There are not ten rounds per man on the Niagara front, nor have we lead to make cartridges. We are extremely deficient of medicine and hospital stores; of lint and bandage cloth we have none, nor any surgical instruments. Lieutenant Colonel Swift's regiment [LUTHER's regiment] at Black Rock and the troops in garrison at Niagara have no tents to take the field; unless Bloom's regiment and the troops with Lieutenant Colonel Fenwick have tents with them, they cannot be covered. This is a brief sketch of our condition..." (From Van Rensselaer's Narrative: Appendix, p. 37.) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 242: "General Orders-Headquarters, Lewiston, 6th September, 1812: Lieutenant Colonel Fleming, commanding Fort Oswego, having assigned Walter Cotton as surgeon of Major Charles Moseley's battalion of riflemen, the Major General confirms that assignment until further orders." "Major General Hall will please to take command of Lieutenant Colonel Swift's regiment [LUTHER's regiment] and the detachment of troops ordered out by Brigadier-General Hopkins and make such disposition of this force as the security of the frontiers may require, and will make weekly reports to Major General Van Rensselaer." Lieutenant Colonel Bloom will make morning reports of the regiment under his command to Major General Van Rensselaer, and will cause Mr. Rolph, the prisoner, to be delivered to Major General Hall at Black Rock. By order of Major General Van Rensselaer. Sol. Van Rensselaer, Aid-de-Camp. From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 254-255: Colonel S. Van Rensselaer to Major General Morgan Lewis, Headquarters, September 11, 1812: "Since the surrender of General Hull, it has been the study of John C. Spencer, Colonel Brooks, Quarter Master General Porter and several others, to cause confusion and distrust among the troops on this frontier to answer party purposes against the commander. They have so far succeeded in the camp and the country, that in the former it is only whispered, but in the latter it is openly said that General Van Rensselaer is a traitor to his country, and the surrender of his army when it crosses the river is the price of his infamy? These scoundrels know better, and you and I know that a more honest man does not exist, and one who has the interest of the country more at heart. But with all his amiable qualities, his usefulness here in my opinion is destroyed by this unjust and unwarrantable jealousy. He cannot enforce the subordination which is so necessary to the safety and glory of the troops he commands?" "We are encamped at this place with two regiments of militia to guard the most important pass on the river; Colonel Fenwick with the regular troops in and about Fort Niagara. Colonel Bloom's lately come on at Niagara Falls and Colonel Swift's [LUTHER's regiment] at Buffalo. The full effective force of militia, including officers, you will find by the within returns, amounts to 1,633 fit for duty. We are in want of almost everything. Our Quarter Master, Peter B. Porter, is speculating and attending to mischief and his private affairs. He speaks in very disrespectful terms of Mr. Madison, and tries to impress on the minds of people the necessity of a change of men?" "?This battery commands Fort George and four batteries in the vicinity, and if a parapet of earth well rammed on [page 255] the inside of the two and a half feet stone wall was thrown up it might bid defiance to the enemy, but unfortunately Colonel Fenwick and Captain Leonard are too much addicted to liqueur to attend to this duty as they should, and if they removed from this command it would give rise to much greater dissensions. Besides, we have no one as fit for this all important service as Colonel Fenwick, if he was at all times himself." Page 255: "Last Tuesday at 12 o'clock the armistice ceased, on which we supposed the enemy would open their batteries of at least fifty pieces on our lines. General Van Rensselaer continued here? while I went to the garrison below. I found on my arrival all in confusion. I immediately ordered a strong detachment to clear a battery in the stone house, while others were dismounting the two twelves and a howitzer and getting them on the platform, to the command of which Captain Leonard's company was assigned. The two block-houses, in each of which are six-pounders, Captain McKeon's company was to defend. All this was accomplished by twelve. At that hour our works, as well as the British, were manned, the matches burning, and I expected every moment to see the rafters of the old mess-house knocked about my head, and I was disappointed, and we have ever since been in peace, but preparing with little trouble to make it as strong as any work can be and ready for action. I enclose the Buffalo paper." (From Bonney's Historical Gleanings, pp. 231-232.) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 292: "General Orders-Headquarters, Lewiston, 25th September, 1812: The detachment of Lieutenant Colonel Hopkins' regiment [the former captain of LUTHER's company] will be stationed at Tonawanta and guard the passes on the river, and will relieve the guards of Lieutenant Colonel Swift's regiment [LUTHER's regiment] now there. All the supernumerary officers of Lieutenant Colonel Hopkins' regiment will be disbanded, and such only kept in service as are absolutely necessary to officer this detachment agreeable to law." "General Hall will give orders accordingly. Captain Elliott's company of artillery will be stationed at the battery opposite Fort Erie, to which place one eighteen pounder is ordered." "Returns of the state of the troops, their arms and accoutrements, will be made to the Major General once a week by General Hall and the commanding officer of the United States troops at Fort Niagara, and they are directed to have everything in readiness for action at a moment's warning?" From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 1: Page 301-302: "From the Buffalo Gazette, Tuesday, September 29th, 1812: "Affairs of our Frontiers. On Wednesday evening last arrived in this village Captain Gibson with half a company of flying artillery, consisting of two 6-pounders and two caissons (ammunition wagons). This morning he took up his line of march for Fort Niagara, where he will join Lieutenant Branch with the other half of his company in the rear of which garrison, we understand, this company is to be stationed." On Saturday the 14th U. S. Regiment of Infantry, under the command of Colonel William H., Wynder [correct spelling is Winder. LUTHER will be led into battle by Colonel Winder on November 27th, when he will be taken prisoner. By that is jumping ahead of the story.], arrived and encamped in the village. They will, we understand, soon march for Lewiston. This regiment is composed of fine healthy young men, 337 in number. It is to be lamented that the number is so few, and that the men have not yet received their winter clothing, as they come from the southward and are not accustomed to our climate.' On Sunday General Alexander Smyth, Inspector General of the army of the U. S., and suite will arrive at this place. We understand that General Smyth will take the command of the U. S. troops which, with the late reinforcement, will amount to more than 1,000 regular troops. This force together with the volunteers and detached militia will secure the country from invasion, to say the least. More troops are expected daily." Page 302: "We are informed that Colonel Milton with the 5th U. S. Regiment will be in town this week [The 5th is the regiment that LUTHER will enlist in, on November 16th, 1812.] Colonel Schuyler with the 13th U. S. Regiment will also be on here within 10 or 12 days." [The 5th and the 13th will soon be combined into one regiment.] "On Thursday night last, Lewis Nyles, a sentinel from Lieutenant Colonel Hopkins' regiment, posted near Field's Tavern on the Niagara River, about 17 miles below this place, was shot dead on his post by some person, who being hailed by the sentinel, replied that he had not got the countersign, but a written pass which he would show him. On being permitted to approach to the point of the bayonet, he drew a pistol and shot the sentinel and made his escape. The report of the pistol and the cries of the sentinel, gave an immediate alarm, and it was thought the person made his escape across the river to Grand Island, as a boat was soon after heard upon the river." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 28: "Brigadier General Smyth to Major General Van Rensselaer, Camp near Buffalo, October 2nd, 1812: Sir, I have had the \honor to receive your letter of the 30th September, dated at Lewistown. The detachments of Colonel Winder and Colonel Parker have arrived. They are recruits without clothing and with little instruction. Neither of them have medicine chests. Colonel Winder's detachment is already encamped on an excellent piece of ground for exercise, where Colonel Parker's will join it today. Colonel Milton's detachment will also arrive today, and within a week I expect the other detachments. I have taken quarters at this place, and propose to devote six hours daily to their instruction in discipline and evolutions. The delay of a part until the whole arrive cannot possibly be injurious, and any order I may receive will be obeyed with alacrity." "There has been a mutiny in the 5th [soon to be the U. S. regiment that LUTHER will enlist in. Perhaps he was enlisted as a replacement of a mutineer] and a general court martial has become necessary. Should you deem it proper to order one to be held at this camp, Colonel Parker might preside and the other members be detached by my Brigade Major." (From Van Rensselaer's Narrative, Appendix, p. 69.) From The War of 1812 on the Niagara Front, page 39-41: "On the morning of the 8th of October, 1812, the brig Detroit? and the brig Caledonia? anchored under the protection of the guns at Fort Erie? if the Americans could seize the brigs they would materially augment the American naval force." "Lieutenant Elliott had recently arrived at Black Rock under orders to build and equip a navy on Lake Erie. It occurred to him that the capture of these boats might be effected, so he hurried up the march of a detachment of fifty sailors enroute to the Rock and secured the detail of fifty regulars by General Smyth, under the command of Captain Towson, an able artillery officer, to augment his naval force. [Although LUTHER was under the command of General Smyth and Col. Philetus Swift, he was not a regular army soldier, so would not have been on this mission. However, it is quite possible that he witnessed it.] He provided two boats, each holding fifty men, and armed the force with muskets and swords borrowed from the regulars. The irrepressible Doctor Cyrenius Chapin and a party accompanied these two boats in a smaller one." "The expedition put out from the mouth of Buffalo Creek at one o'clock in the morning of October 9th and at 3 a.m. was alongside the brigs. After a short struggle both vessels were captured; but as a calm prevailed it was impossible to sail up the rapids into the lake and thus escape the fire of the heavy and light artillery stationed at Fort Erie. Sail was made on both vessels and assisted by the small boats, an attempt was made to take them down the Niagara past the batteries to a place of safety. In the meantime the garrison at Fort Erie had manned its guns and assisted by some light artillery posted on the bank near the fort the British attempted to recapture or destroy the vessels. The Caledonia was commanded by Sailing Master Watts who was assisted by Captain Towson and his regulars. She soon came to anchor at the foot of Albany Street under the protection of the batteries at Black Rock. This vessel later on rendered fine service as a part of Perry's fleet in the battle of Lake Erie." "Elliott was not so successful in the case of the Detroit, for she drifted down the river exposed to a hot fire from the British light batteries. She was finally beached on the west bank of Squaw Island where she was abandoned by the Americans who took off the crew and the American prisoners. A detachment of the 49th Regiment [British] from Fort Erie crossed the river and recaptured the brig, but owing to the fire from guns which Lieut. Colonel Winfield Scott had ferried across into the island, and the small arms fire, the British were soon compelled to abandon her. The Americans then recaptured the brig but they in turn were forced to retreat, so after salvaging some of the cannon and as much of the property as could be transported, the Detroit was set afire and burned to the waters edge." "This engagement lasted from three o'clock in the morning until late in the afternoon, and although there was a heavy bombardment on both sides, the gun practice was so poor that little damage was done to the respective combatants." From The War of 1812 on the Niagara Front, page 42: "When the news of the capture of these two brigs reached Van Rensselaer's army, encamped at Lewiston, it demanded to be led against the enemy and the militia threatened to go home unless they were given an immediate opportunity for active service against the enemy." "General Smyth with his brigade of regulars was encamped near Black Rock. From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 68: Major General Van Rensselaer to Brigadier General Smyth, headquarters, Lewiston, 12th October, 1812: Sir, I have this moment received your letter of yesterday. Tonight I shall again attack the enemies batteries on the heights of Queenston. Should circumstances render it necessary to march your brigade, I will advise you tomorrow." (From Solomon Van Rensselaer's Narrative, Appendix, p. 73.) From The War of 1812 on the Niagara Front, pages 42-44: "As his men were getting clamorous Van Rensselaer determined to? pass his forces across the river at Lewiston and seize the hamlet of Queenston. He fixed four o'clock on the morning of October 11th as the time for the invasion and the place of embarkation was to be at the old ferry, which was a little higher up the river than the usual landing at Lewiston? Van Rensselaer's forces then consisted of three thousand one hundred and seventy men, of whom eight hundred were regulars. Smyth's troops at Black Rock numbered one thousand six hundred and fifty? The defenders of Queenston numbered about three hundred, including two companies of the 49th Regiment and a detachment of militia? within two hours march was the garrison at Fort George, consisting at that time of about twelve hundred men? It was here that Brock had established his headquarters. Van Rensselaer's force was, therefore, adequate to successfully carry out the undertaking which he had in view? orders were sent to General Smyth to send on from the Rock all the reinforcements that could be spared." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 68: Troops under Major General S. Van Rensselaer: Return of the troops under the command of Major General Stephen Van Rensselaer of the New York militia, headquarters Lewiston, October 12th, 1812: Brigades Where stationed Total Present for Duty Remarks Brig. Gen. Miller's Lewiston 588 Militia Lt. Col. John Fenwick Lewiston 550 Regulars Lt. Col. P. Swift's and Lt. Black Rock 386 Militia Col. Hopkins and Buffalo Brig. Gen. Wadsworth's Lewiston 1682 Militia Brig. Gen. Smyth's Black Rock 1650 Regulars Lt. Col. Christie's Lewiston 350 Regulars From The War of 1812 on the Niagara Front, pages 44-51: "The current is very strong opposite Lewiston Heights, so Van Rensselaer sought for boatmen of experience to handle the boats in which his forces were to be embarked. He selected a militia lieutenant named Sim or Sims to command the boatmen, but that officer either by neglect or design crossed the river in a boat containing all the oars for the other boats and abandoned it on the Canadian side. A tremendous northeast storm was in progress which deluged the camp and when Sim's absence was discovered the attack was abandoned. The ardor of the men does not seem to have been cooled by this denouement for they still clamored to be led across the river? on the arrival of Lt. Col. Chrystie with a detachment of regulars, Van Rensselaer again determined to attack." "His plan was simple to understand but complicated in respect to its execution. It was to be a night operation, always a perilous thing to attempt with green troops. He planned to provide some thirty boats holding about six hundred men. This detachment was to be ferried over and seize the ground on the other side. The rest of the army was to follow as fast as the boats could carry them. In the meantime Fort Gray and the other American batteries were to bombard the British forces until the Americans could get close enough to make a direct assault. The invading forces were to be supplied with light artillery and engineers to lay out a line of defense when the British position was taken. Col. Van Rensselaer was to lead a force of three hundred selected militia and the command of a like number of regulars was entrusted to Lt. Col. Chrystie. The two columns were ordered to pass over together. As soon as the Heights should be carried, Lt. Col. Fenwick and his light artillery were to follow, to be supported by Major Delaney's detachment of regulars. These detachments were to be followed by the other troops." "At the point of crossing the river is a scant two hundred and fifty yards wide and while the current is rapid boats skillfully handled could cross safely within fifteen minutes. The walls of the gorge on the Canadian side are almost perpendicular and rise to a height of about two hundred and seventy-five feet above the stream; but an active man unimpeded could scale them by the help of the vegetation and trees which grew on their faces. Below the escarpment stood the village of Queenston. The principle street in the settlement was the River road, along which the settlement was mostly built and which led to the heights above? Another road led from the landing to St. Davids, throwing off a branch which climbed the heights about a mile to the westward and finally united with the Portage Road on the top of the escarpment. Half way up the side of the mountain was a redan battery mounting an eighteen-pounder." "The boats of the Americans were supposed to be manned by men familiar with the river. The night of the 12th of October was extremely dark, a light rain was falling, and the roar of the river would drown the noise incident to the embarkation. It was assumed that the whole force, numbering at least four thousand men, could be ferried over in seven or eight round trips of the boats. By mischance, or mismanagement, there were only about twelve boats actually furnished and even these were not fully laden with men. The regular officers were not acquainted with the terrain and all was confusion at the last moment." From The War of 1812 on the Niagara Front, pages 44-51: "Sometime before daylight on the 13th the advance party of the expedition set out from the American shore and in less than twenty minutes from the time the boats pushed off about ten of them reached the opposite shore at the point selected for the landing. Several, including the one occupied by Col. Chrystie, became disabled or lost their way and returned to the American shore to make a fresh start. Col. Van Rensselaer assumed command of all the American forces that landed, who were largely regulars, and formed his men in a spot protected by the bank preparatory to making a further advance. A sentry discovered the presence of the landing party and gave the alarm." "The small British force promptly turned out and at almost the first fire Col. Van Rensselaer was hit four times. Several company officers and men were either killed or wounded, and the entire detachment retired in some disorder to the water's edge where they were protected by the bank of the river, from which they kept up a scattering fire. In the meantime, the batteries at Lewiston and Fort Gray had opened fire and this was replied to by a small gun which the British had posted at Queenston as well as by the redan battery and the one at Vrooman's Point." "Col. Van Rensselaer was taken back to Lewiston and the command of the landing party devolved upon Captain John E. Wool? In the meantime, the rivermen who were navigating the boats disappeared and were replaced by soldiers who had little knowledge either of the handling of boats or of the peculiarities of the river. However, reinforcements slowly filtered across, although several boatloads of men drifted down the river and suffered either capture or severe casualties from the fire of the British batteries." "General Brock's scouts had reported the assembly of boats at Lewiston, indicating an attack at some place below the escarpment, but he was not certain at what point along his slender lines the assault would fall. He was awakened by the firing and after listening for a time to the sound of the guns at Queenston, until he was certain the attack was a real one; he mounted and hastened from fort George to the scene of action, leaving orders with Maj. Gen. Sheaffe, in command at Fort George, to open fire at once on fort Niagara. Attended only by an aide and an orderly, he arrived at Queenston splashed with mud just as day was dawning. As he passed his outposts he ordered them to march to the sound of the guns." "Just prior to his arrival, Captain Wool in pursuance of Col. Van Rensselaer's orders to take the heights, found an unguarded fisherman's path leading up the heights and although wounded he led some of his men up to a point in rear of the gun in the redan which was firing upon the Americans across the river. Brock took up his position at the battery ignorant of Wool's presence on the ground above him. While he was instructing the gunners to correct their fire, Wool's men came charging down the hillside. General Brock and the officers and men stationed at the battery retreated hastily down the road to the village and the American colors were run up over the battery in plain sight of the army across the river." From The War of 1812 on the Niagara Front, pages 44-51: "It was then evident to Brock that Queenston was the real point of attack, so he dispatched orders to General Sheaffe to bring on every available man from Fort George. He then placed himself at the head of a company of the 49th Regiment, his old command in which he had served with distinction under Sir John Moore and Nelson, and shouting 'Follow me, Boys,' he led it up the ascent to retake the gun, first detaching a small force to turn the left of Wool's position. He was wounded in the wrist but he still pressed on shouting and waving his sword to encourage his men. His commanding figure and animated bearing made him a prominent figure on the hillside that October morning and he had not proceeded far before he was struck in the breast by a rifle bullet fired from a distance of fifty yards. He expired almost immediately while murmuring that his fall must not be noticed or the attack suspended." Col. McDonnell, his aide, then assumed command and calling upon his men to avenge Brock's death led them to the attack, driving Wool's men out of the battery and up the hillside. The Americans at this point received reinforcements and their line extended beyond that of the British on both flanks. The Americans poured a hot fire into the advancing line and several British officers were wounded, including the gallant McDonnell, who was a marked figure for he was mounted. The British lines finally broke and despite the exertions of the officers, the men retreated down the hill carrying the dead body of Brock and most of the wounded, including McDonnell who had received a mortal wound." "The retreat of the British should have marked the turning point in the engagement. The Americans held the Heights and if they had been promptly reinforced by a portion of the reserve troops at Lewiston victory would have been certain. The British remained inactive for several hours, leaving Wool's force in undisputed control of the high ground. Although the battery at Vrooman's Point still played upon the boats in the river, the crossing seems to have been fairly safe, notwithstanding the fire of the British, for reinforcements slowly came over along with a small piece of artillery; and officers and messengers repeatedly crossed and recrossed the river without injury." Lt. Col. Chrystie reached the Heights about seven o'clock and assumed command. He found that his forces could not dislodge the British for want of artillery, so he recrossed the river to report the situation to General Van Rensselaer, who dispatched Capt. Totten of the Engineers to the captured position with orders to lay out a fortified camp. Lt. Col. Winfield Scott crossed the river and took command of Capt. Wool's force. Gen. Wadsworth with some militia crossed and scaled the heights; and the commanding general finally appeared." From The War of 1812 on the Niagara Front, pages 44-51: "By two o'clock in the afternoon some seven or eight hundred regulars and militia had reached the heights. Van Rensselaer soon observed the scarlet lines of Gen. Sheaffe's command marching up the river road preceded by a detachment of Indians. The latter soon reached the heights near where Fort Drummond now stands and there attacked and drove in the American outposts. Gen. Sheaffe led his command with the skill of a trained soldier. Bearing to his right he climbed the heights and gained the plateau a considerable distance to the west of the American position. Scott perceiving the point of attack formed a new line at right angles to his former position and erected such breastworks as was possible. Gen. Wadsworth, who had waived his rank in favor of Scott, passed along the line in his shirtsleeves under fire, encouraging the command and explaining what was expected of it. In the meantime, Gen. Van Rensselaer had recrossed the river to hurry over reinforcements. In his official report he says:" "'For some time after I had passed over the victory seemed complete but in expectation of further attacks, I was taking measures for fortifying my camp immediately. The direction of this service I committed to Capt. Totten of the Engineers. But very soon the Enemy was reinforced by a detachment of several hundred Indians from Chippewa. They commenced a furious attack but were promptly met and routed by the rifle and the bayonet. By this time, I perceived my troops were embarking very slowly. I passed immediately over to accelerate their movements, but to my utter astonishment I found that at the very moment when complete victory was in our hands, the ardor of the unengaged troops had entirely subsided. I rode in all directions; urged the men by every consideration to pass over, but in vain.'" "The little garrison at Chippewa hastened down Portage Road and joined Sheaffe's command just in the nick of time, giving him a force of about one thousand men aside from the Indians. The Americans despite the efforts of Scott and Wadsworth, wilted away before Sheaffe's advancing line of battle, for they were much dispirited by the whoops of the Indians and the sight of the British regulars. They found no boats at the river, so they huddled under the bank panic-stricken and a mark for the rifles of the Indians who hung upon their flanks. Scott tried to exhibit a white flag but the Indians did not respect the emblem. Finally at eminent risk of his life he reached the British lines and surrendered his command. A few men tried to escape by hiding in the gorge and others by swimming across the river. The British picked up prisoners for several days after the engagement." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 124: [Canadian] Return of Casualties in Captain Cameron's company of the 3rd regiment of York Militia, during their service at Niagara from 8th September to the 20th December 1812: Lt. McLean, wounded on the 13th October at Queenston. Sergeant Smallman, wounded in his hand at Queenston. Thomas Smith, killed at Queenston. Andrew Kennedy, lost his leg at Queenston. Thomas Major, now in hospital, lost the calf of his leg, at Queenston. John Tyrer, severely wounded in both legs at Queenston. Francis Lee, received two severe wounds at Queenston. Edward Thomson, slightly wounded in the breast at Queenston. Simon Devine, died in hospital at Niagara. Joseph Crawford, died in hospital at Niagara. Johnson Yeoman, died on his return from Niagara. York, 5th January, 1813, D. Cameron, Captain 3rd regiment, Y. M. (Original in Toronto Public Library) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 159-161: General Smyth to General Dearborn, Camp near Buffalo, October 24th, 1812: Sir, I have had the honor to receive your letter of the 21st instant, and shall fail in nothing in my power to retrieve the state of affairs." "The affair of Queenston diminished our force 2,000 men; one [page 160] half of which were killed, wounded and prisoners, and the other half deserted or were discharged in consequence of some battalions being greatly reduced." Page 220: "General Van Rensselaer transferred to me the command on the 15th and 16th. I broke up the camp at Lewiston, sent the 14th Infantry under Colonel Winder, to Niagara, the militia artillery to a battery opposite the Heights of Queenston, the militia infantry and riflemen to Schlosser and I returned with the 5th, 13th [which were soon combined and is the regiment to which LUTHER was attached when he re-enlisted into the U. S. Army from the N.Y. militia.], 12th and 20th to my camp near Buffalo; the troops of the Light and 2nd Artillery are at Black Rock?" "There is some difficulty in giving Colonel Parker a brigade as Schuyler contests his right to rank. Winder is an officer of the first class." "In consequence of the loss of five companies of the 13th, I consolidated the 5th and 13th, as was done by the Adjutant General in the case of the 12th and 20th. In consequence, Milton asked and received a furlough. His regiment was badly governed and I found I had nothing to expect from him?" [LUTHER was soon to re-enlist in the 5th US Infantry, of which Milton was colonel. From the information given above, it appears that he never served under Milton, since he was absent on furlough.] From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 172: "Colonel Thomas Parker to General Smyth, Camp, October 30th, 1812: Sir, You did me the honor last evening to consult me about the propriety of forming a brigade, to be composed of the regular troops expected in camp and some of the volunteers and militia now on the lines." "I have been made acquainted from different sources with the disposition of the troops at Buffalo and Colonel Swift's regiment [LUTHER's regiment], and I think there is only one company amongst them that would not corrupt regular troops that they might be associated with; and even that company would not be willing to be subjected to regular discipline? I would beg leave to recommend that the militia and volunteers be formed into a distinct brigade and put under strict drill. If they will not bear this, they had better be at home?" From The War of 1812 on the Niagara Front, page 61: "After the affair at Queenston, the American militia became completely demoralized and had left by platoons and companies. They did not desert in the sense in which the term is ordinarily used, but they openly departed for their homes with the tacit consent of their commanding officers. Two brigades which had served at Lewiston were consolidated into a small regiment." It is unlikely that LUTHER had been among the cowards in this engagement. Cowards do not generally re-enlist, at least not within a month's time! Perhaps LUTHER returned home at this point in time, or perhaps simply re-volunteered without having ever left the service. At any rate, he was back in service in the company of Captain William H. Waterbury [aka Wharterby in the Documentary History of the Campaign: Niagara Frontier in the Year 1812], and Lieutenant Hook of the U. S. 5th Infantry Regiment, by November 16th, 1812, and his new enlistment was for five years. From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 188: "In General Smyth's letter to General Dearborn of November 9th, 1812, General Smyth conceives the following facts should be known and considered by the Secretary of War: 1. That the 5th Regiment at Utica, on its march, did mutiny for want of their pay. 2. That the 23rd Regiment at Manlius did mutiny on account of their pay, which is still due. 3. That a company of volunteers at Buffalo did mutiny on account of their pay and clothing. 4. That the captain of another volunteer company, the best in the service, has stated that he believes his men will not cross into Canada without their pay and allowance for clothing. 5. That the Deputy Quartermaster General states himself to be without money. 6. That there is no distinct paymaster at Niagara supplied with money. 7. That Colonel Winder, commanding at Fort Niagara, reports 'We are literally starving on this end of the line, for bread.' In consequence of which the Deputy Quartermaster has been ordered to purchase provisions. 8. That 1800 Pennsylvania volunteers will arrive next week. 9. That General Smyth will be ready in fifteen days to cross into Canada. History of Concord, NY, Page 63: "General van Rensselaer was succeeded in command on the Niagara frontier by Brigadier-Gen. Alexander Smyth, of the regular army? Immediately on taking command he began concentrating troops at Buffalo and Black Rock, preparatory to an invasion of Canada. On the 12th of November [Four days prior to LUTHER's reenlistment!], he issued a flaming address to the men of New York, calling for their services and declaring that in a few days the troops under his command would plant the American standard in Canada. A considerable force came to Buffalo; a brigade of militia arrived from Pennsylvania; three or four hundred New York militia reported themselves. Peter B. Porter was assigned to the command of these New York volunteers." From The War of 1812 on the Niagara Front, page 69: "On the 20th, he [Smyth] terminated the armistice which Van Rensselaer had arranged. When the British received word that it was ended, Gen. Sheaffe ordered a bombardment of Fort Niagara which began at 7:30 a.m. on November 21st,and continued til dark on that day?" From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 238: "From the New York Evening Post, Thursday, 10th December, 1812. (From the Hudson Whig)-Extract of a letter from Mr. Abel M. Grosvenor of Buffalo to his brother in this city, dated Buffalo, November 25." "I have hardly time to give you a description of the mob in this village. It was composed of the same miscreants who were in the Baltimore riot. They are the volunteers from Baltimore, and their lieutenant is the editor of the Baltimore Whig. There arose a dispute between Pomeroy, who keeps the hotel and some of these fellows. They became outrageous, and swore that they would tear down the house of every federalist in the village; that they 'would kill all the federalists and damned Tories.' They began about 4 o'clock on Pomeroy's house, broke out all of his windows, and broke his furniture, which was very valuable. They then cut down his sign and attempted to pull down his house. Not succeeding in this, they set fire to the house three or four times, which if it had not been extinguished, would have destroyed the whole village." "I saw the danger and ran down to the place immediately. Two of the fellows came at me with their bayonets. I stopped one of them with an andiron I held in my hand and then retreated. Two others then pursued me with their bayonets. I stumbled and fell, but just as they were attempting to plunge them into me, I recovered and caught them in my hand. I succeeded in bringing them both to the ground, and should certainly have prevented their acting a part in any other mob, when others behind me plunged a bayonet in my side. I providentially succeeded in rescuing myself from the bloodthirsty without any very dangerous wound." "Colonel (not Peter B. Porter) came up with his flying artillery and ordered a charge, sword in hand. Three of the mob were mortally wounded. Colonel Porter, Colonel McClure, Captain Babcock of your county (Columbia), Captain Maher of the Albany Greens, Lieutenant Whitney, Adjutants Swartout and Burn, and Major Noon, were prompt and decided in quelling the mob. They have done themselves great honor." "We are all yet in confusion, though the mob is put down; we have a guard of three hundred regulars posted at the village, but they all cross to Canada tomorrow morning, and what our fate will be God only knows. I am confined with my wounds, but trust I will be out in a few days, when I shall write to you more fully." (From file in the New York Society library.) From The War of 1812 on the Niagara Front, page 70: "On the evening of the 25th, General Smyth issued? battle orders covering the initial movement?" From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 237: General Order, Banks of the Niagara, 8 o'clock at night, November 25, 1812: "Colonel Winder will pass over to the Canada shore with the troops who are marched from camp this evening, and will superintend the attack of the enemies' batteries and parties, distributing his force in the following manner" Lieutenant Colonel Boerstler, with the detachment of the 14th regiment, will attack the guard at the bridge opposite the upper point of Strawberry Island. Lieutenant Colonel Coles, with the companies of Captains Sangster, Taylor, Myers and the company, late Branches, will take the party at the Red House. Major Campbell, with the companies of Captains Buckner, Morgan, Stannard and Page will attack the guard house opposite the lower point of Squaw Island. Captain King and Lieutenant Angus of the navy (who is so good as to offer his services and those of his seamen under his command,) will with the companies of Captains Wool, Sproule and Martin attack the batteries opposite to Black Rock. Captain Bankhead, with the companies of Captains Brooke, Wharterby [LUTHER's new captain from the 5th regiment], Chambers and Dorman, will attack the enemy's batteries opposite to Fort Gibson." "The parties will support each other as circumstances may require and as Colonel Winder may order. The enemy's guns are to be spiked and dismounted, the bridge rendered impassible, all boats brought off, and as many prisoners as possible taken." "Colonel Winder will bring off his detachment from the Canada shore by daylight tomorrow." Alexander Smyth, Brigadier General Commanding. Colonel Winder to General Smyth, November 25, 1812: "Sir, The indisposition of the officers to cross is such, and the real difficulties for the want of a little preparatory arrangement, that I fear the issue will be disgraceful and fatal. I would venture to recommend a delay of the expedition." From The War of 1812 on the Niagara Front, pages 71-75: "But Col. Winder reported that some of the officers were unwilling to cross and he recommended that more complete preparations be made before the expedition got under way; so General Smyth postponed the movement and on the 27th issued another general order? After the initial movement should be carried out, he planned to embark somewhat over three thousand men, together with some guns and horses at the navy yard at Black Rock in eighty-five boats which had been gathered for the use of the expedition from all along the river." [November the 27th is the day that LUTHER TYRER was captured by the British at Fort Erie, according to his bounty land application.] From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 244: "General Smyth to Colonel Winder, November 27th, 1812: Sir, Captain King will communicate the order for tomorrow. Lieutenant Colonel Boerstler, with the men fit for service of your regiment, will attack the guard at the bridge, take it, demolish the bridge, bring off or dismount any light artillery found, kill the horses, take the boats and return to our shore." "The lieutenant Colonel with his party having done what is directed at the bridge, may proceed up the coast, his boats ascending the river to the Red House, to support Captain King and Lieutenant Angus, or act according to circumstances. It is not intended to keep possession. That is not to be attempted." "Let the wounded be hid from the public eye tomorrow. Let a bright lookout be kept today and allow no one to pass the bridge of Conajoquaty towards Tonawanda, except an officer of the army." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 239: "General Order, Headquarters, Camp near Buffalo, November 27, 1812: "The men for service in this camp and those in the vicinity will cook three days provisions and have it in their haversacks at retreat." "At reveille tomorrow, every soldier will put on his knapsack, shoulder his musket, and prepare for battle with flints and cartridges, will march to the navy yard on his way to Canada." "The boats will be ready for embarkation. The tents and sick will be left under the care of guards of invalids until a convenient time." "Friends of your country! Ye who have 'the will to do, the heart to dare,' the moment you have wished for has arrived. Think on your country's honor lost, her rights trampled on, her sons enslaved, her infants perishing by the hatchet. Be strong! Be brave! And let the ruffian power of the British king cease on this continent." Alexander Smyth, Brigadier General Commanding. From The War of 1812 on the Niagara Front, pages 71-75: "In pursuance of the plan, at about one o'clock a.m. on the 28th, Lt. Col. Boerstler embarked with two hundred of the 14th U.S. Infantry in eleven boats and Capt. King of the army and Lt. Angus of the Navy, embarked with one hundred and fifty soldiers and seventy sailors in ten boats to capture the British batteries and to destroy the bridges. The detachment of King and Angus was discovered by sentinels posted on the bank before it could land and was fired upon by a field piece and some infantry stationed at Red House which was situated two and one half miles below Fort Erie. Six of the boats were driven off. The other four landed in the face of stout resistance and dispersed the enemy. Two batteries were taken; the guns spiked, and along with the caissons, were thrown into the river." "Angus with his sailors then returned to the landing place and thinking that King and his party had been taken prisoners he manned the four boats and recrossed the river. King soon marched down the river for about two miles where he discovered two boats which he sent over laden with some prisoners he had taken, his officers and about one-half his men. He was captured with thirty of his men at daybreak by Lt. Col. Bisshopp, the commandant of Fort Erie." "Col. Boerstler's detachment had become separated in the darkness and the firing on King's party had aroused the British forces, but seven of his boats succeeded in landing south of the bridge over Frenchman's Creek. The other boats were driven off. Boestler bravely led his men to the bridge under a hot fire, but he could only partially destroy it as the axes brought over for the purpose had been forgotten and left in the boats. He then retreated to his boats and recrossed after only partially accomplishing his mission. Again we see the confusion attendant upon night attacks; and the attempt though bravely conducted failed of its object, for the spiked guns were quickly recovered and repaired and the bridge reconstructed." "If the main force had followed this expedition promptly it could have effected a landed. The American loss was quite severe in proportion to the force engaged, for the killed, wounded and missing aggregated over one hundred. The British loss was about ninety. Col. Winder later crossed over in an attempt to rescue King and his men, but was driven off with a loss of six killed and twenty-two wounded." [LUTHER's company was led by Colonel Winder according to the General Order of November 25th, in the 5th under Captain Waterbury, aka Wharterby, and this is the most likely time that matches his statement that he was captured at Fort Erie on the 27th.] A more recent account of the War of 1812, called Amateurs, to Arms!, by --------, on page 51, suggests that, of Col. Winder's men who succeeded in disarming the batteries, "One detachment then pushed too close to Fort Erie and was in turn overwhelmed by a larger British force." [Could this have been the moment at which LUTHER was captured? "General Order, Banks of the Niagara, 8 o'clock at night, November 25, 1812: "Colonel Winder will pass over to the Canada shore with the troops who are marched from camp this evening, and will superintend the attack of the enemies' batteries and parties?Captain Bankhead, with the companies of Captains Brooke, Wharterby [LUTHER's new captain], Chambers and Dorman, will attack the enemy's batteries opposite to Fort Gibson.] History of Concord, NY, page 64-65: "[King] doubtless expected Smyth's whole army in an hour or two, and thought he could take care of himself until that time. The general embarkation commenced but went on very slowly. About one o'clock p.m., the regulars, the twelve- months volunteers and a body of militia, the whole making a force variously estimated at from fourteen hundred to two thousand men were in boats in the navy-yard, at the mouth of Scajaquada Creek. General Smyth then ordered the troops to disembark and dine. He then called a council of war, to see whether he had better cross or not. It is not surprising that, with such a commander, several of the officers consulted were opposed to making the attempt. It was at length decided to postpone the invasion until more boats could be made ready. Late in the afternoon the troops were ordered to their quarters. The gallant Captain King was left to his fate?" From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 245: "Captain William King to General Smyth, Fort George, November 28th, 1812: Dear General, At the very moment that the boats (probably coming to my relief) made their appearance yesterday morning, Major Ormsby, at the head of the British Army, arrived and halted in front of the house into which I had thrown myself, with an intention to defend it against any force not greatly superior, but against the troops under his command, it would have been folly to resist, and I surrendered myself and thirty men prisoners." To Captains Morgan and Sproule, and Lieutenant Houston (the only three officers who remained with me), I refer you for an account of my conduct in the attempt on the batteries, as also of the partial success of the enterprise, which when you receive and take into consideration that the boats carried off the implements for spiking the guns and destroying the gun carriages, I flatter myself you will be convinced I did my duty as far as circumstances rendered it possible." "May I flatter myself you will exchange the prisoners of the 49th I sent over, and which exceeds in number those taken with me, for the men now here, the names of which I enclose you.[It would be very nice to find that list!] For myself, I am less interested, but could I be exchanged for the surgeon I sent over, it would be highly gratifying. By releasing my prisoners I could have made my escape will all my men, but I deemed the measure I pursued more honorable and therefore adopted it, and flatter myself it will meet your approbation." "I received a shot in the foot at the Red House. The wound itself is trifling, but have been obliged to march the greater part of the way from where I was taken to Chippewa, it caused considerable swelling and today is painful. I also received a scratch on the cheek, but fear it is not even deep enough to leave a scar." "A trip to Quebec at this season of the year under any circumstances would be extremely disagreeable, but particularly as a prisoner of war, therefore if possible negotiate my exchange, but whatever you may do, my dear sir, let the men taken with me be released." "Should any letters come for me under cover, please keep them until you know what is to be my fate. I am treated with a degree of politeness that entitles the officers of this garrison to my warmest gratitude." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 316-319: "From the Buffalo Gazette, 15th February, 1813: Messrs. Editors, It is with much repugnance that I step forward to interfere in an affair of a public nature, and that feeling is more particularly excited because I am constrained to correct an [[page 317] erroneous statement of a gentleman who holds a high and responsible station in our national administration, but an inherent disregard for the just distribution of applause to distinguished merit? impels me to restore to the disparaged the well earned laurel. I refer to the affair of the 27th and 28th, November, 1812? published in your Gazette of the 15th December, signed by Peter B. porter, Esq?" Page 317: "The following statement contains a correct account of the affair? each particular item can be substantiated by thirty witnesses: "On the 27th of November last, Captain King marched from the encampment at Flint Hill with about 150 regulars, who had volunteered to go with him on a hazardous and honorable enterprise. [Notice that he did not say that they were all men from King's company? the were various volunteers from the regular army.] Owing to the badness of the path through the woods several men did not join the advance and embark with them. At one [page 318] o'clock in the morning of the 28th of November about 120 soldiers embarked in boats manned by sailors (6 sailors and a naval officer in each boat), the whole detachment under the immediate command of Captain King. The little squadron proceeded with great order and intrepidity until a landing of several of the foremost boats was effected under a brisk fire from two field-pieces stationed at the Red House, the two batteries, the musketry of two flank companies of the British 49th Regiment, a small detachment of artillery and a party of Canadian militia, their total force amounting to about 200." "In despite of all these formidable obstacles, Captain King completed the landing of a considerable part of his men, in which he was ably supported by Captains Sproule and Dox and some of the naval officers and sailors. Many of the gallant tars formed with the regulars, raised three cheers and rushed forward in a superior style of gallant intrepidity and routed the British past the point of the bayonet and boarding pike. While those officers, soldiers and sailors who had adhered to Captain King were landing and forming, some unknown person called out to the sternmost boats to retreat, in consequence of which several of them returned to the American shore without landing a man. Undismayed by this unforeseen diminution of his force, the intrepid King rushed on, frequently 8 or 10 paces in advance of his men, called out to them to follow him to the charge, and often precipitated himself into the thickest ranks of his foes, performing prodigies of valor. The two field-pieces and the Red house were taken and maintained against the British, who were routed in every effort they made to rally their dismayed forces." "After the Red House and cannon were completely in Captain King's power, the British rallied their forces on an eminence, above the Red House and between it and the lower battery. At this junction, an order to 'retreat to the boats or you will all be cut off' was given by some unknown person, the consequence of which was that about 20 out of the 80 soldiers who had landed, with all the sailors except 5 or 6, precipitately rushed into the boats, and by carrying them off, deprived their remaining brethren in arms (then reduced to about 50) of the contemplated means of returning with the captured artillery after they should have fully executed the objects of the expedition. Disregarding this unexpected defection, the brave King and his Spartan band charged the British again, and soon drove them from their new position, and finally carried both batteries by dint of the bayonet." "The guns in the batteries were dismounted and one spiked. Not an enemy (except a few straggling parties with no more than two or three men in each and who generally surrendered themselves [page 319] prisoners when hailed) was to be seen on the shore from the upper battery down to French Creek, a distance of more than three miles. The detachment then left the batteries and Red house and as the unexpected deprivation of his boats frustrated Captain King's wishes to convey the cannon, prisoners and his men to the American shore, the gun carriages were rendered useless and the ammunition thrown into the river. Captain King then marched down the river in quest of a reconveyance across it, and a t French Creek, found two British boats in a leaky condition , into which he embarked the prisoners and a guard, gallantly resolved that as he had been the first to land on the British shore that night, so would he be the last man to quit it." "Lieutenant Houston was charged with the first, Captain Sproule with the second, whose conduct at this juncture merits special notice. He urged Captain King not to hazard being made a prisoner but to suffer him to participate the fate of his remaining men, whom it was impossible to crowd into the boats, or if Captain King was determined to remain he would not leave him. Captain King rejected Captain Sproul's proposition and ordered him to cross the river." "Captain King, with the residue of his detachment, took post in the first house above French Creek, where they remained unmolested for more than four hours. When the sun had risen about an hour's height above the horizon, a detachment of the 49th, about 300, and another of Canadian militia about 400 strong, marched up, to whom Captain King was reduced to the necessity of surrendering himself and men prisoners of war." "The British have subsequently avowed to the writer of this, and to several others of his fellow prisoners, that they lost 52 regulars killed and upwards of 80 wounded in the affair." "In this brilliant exploit Captains Sproulle and Dox bravely seconded the gallant exertions of Captain King. Each of these gentlemen richly merits the laurel of renown for their intrepid conduct. A Young Soldier History of Concord, NY, page 64-65: "The next day was spent in preparation. On Sunday, the 30th, the troops were ordered to be ready to embark at nine o'clock the following morning. General Porter advocated postponing the expedition till Monday night, when the troops should embark in the darkness and land about five miles below the navy yard, where the stream and the banks were favorable. These views were seconded by Col. Winder and adopted by Gen. Smyth?" "Then it was found that the Quarter-Master had not rations enough for two thousand five hundred men for four days. Nevertheless, the embarkation commenced at three o'clock on Tuesday morning. Again some fifteen hundred men were placed in boats. It was arranged that Gen. Porter was to lead the van and direct the landing on account of his knowledge of the river and the farther shore." "But the embarkation of the regulars was greatly delayed and daylight appeared before the flotilla was under way. Then the redoubtable Smyth called another council of war, composed of four regular officers, to decide whether Canada should be invaded that season. They unanimously decided that it should not. So the troops were again ordered ashore and the militia and most of the volunteers sent home, and the regulars put into winter quarters." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 267: "From the New York Statesman, 1st January, 1813-Buffalo, December 2nd, 1812: To General Alexander Smyth: Sir, The subscribers are a committee from the patriotic citizens of the western counties of this state, who have turned out? in pursuance of your proclamation of the 12th November last. They confidently expected that your army would have invaded Canada as you promised they should. The events of last week have thrown the country into a state of almost total distraction." "As citizens who have used our utmost exertions on this critical occasion for the prosecution of the war against our enemy? we think it our duty to propound to you certain questions?" "Why did you not cross the river on Saturday when every obstacle was removed and a landing might have been effected without the loss of a man? "Had you not a force superior to that of the enemy and assurances of a powerful reinforcement the same day? If you had not, why did you make the second attempt by again embarking your troops on Tuesday, and by again disembarking them, disappoint the expectations of the brave men under your command and throw them into a state of disorder approaching to mutiny?" "Do you contemplate any further operations this fall? If you do, why order the arms of the brave volunteers to be returned?" George McClure, Lewis Birdsall, John Griffin, and William B. Rochester, a committee of Patriotic Citizens of the Western Counties of New York. From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Pages 267-271: "Brigadier General Smyth to Messrs. George McClure, Lewis Birdsall, John Griffin, and William B. Rochester? Headquarters, Camp near Buffalo, December 3rd, 1812: "Gentlemen, Your letter of the 2nd December is before me and I answer it in the following manner: "On the 26th of October I ordered that twenty scows should be prepared for the transportation of artillery and cavalry, and put the carpenters of the army upon that duty." Page 268: "By the 26th of November, ten scows were completed, and by bringing some boats from Lake Ontario above the Falls the number was increased to seventy." "And I had on the 12th of November issued an address to the men of New York, and perhaps 300 had arrived in Buffalo. I presumed that the regular troops and the volunteers under Colonels Swift [LUTHER's colonel for 4 more days] and McClure would furnish 2,500 fit for duty, and of General Tannehill's brigade (from Pennsylvania) reporting a total of 1, 650, as many as 413 had volunteered to cross into Canada. My orders were 'to cross with 3,000 men at once.' I deemed myself ready to fulfill them." "Preparatory thereto, on the night of the 27th November, I sent over two parties, one under Lieutenant Colonel Boestler, the other under Captain King, with whom Lieutenant Angus of the navy, united?" [with LUTHER along as a volunteer] "Orders had been given that all troops in the neighborhood should march at reveille to the place of embarkation. A part of the detachment sent in the night having returned and excited apprehensions for the residue, about 250 men, under the command of Colonel Winder suddenly put off in boats for the opposite shore; a part of this force had landed when a force deemed superior, with one piece of artillery was discovered. A retreat was ordered and Colonel Winder's detachment suffered a loss of six killed and nineteen wounded, besides some officers." "The general embarkation commenced as troops arrived, but this being the first embarkation the whole of the scows were occupied by about one-third of the artillery, while about 800 regular infantry, about 200 twelve months volunteers under Colonel Swift [LUTHER's former colonel], and about 200 of the militia, who had volunteered their services for a few days, occupied all the boats that were ready. The troops then embarked, moved up the stream to Black Rock without loss; they were ordered to disembark and dine." Page 269: "I had received from my commanding General an instruction in the following words: 'In all important movements you will, I presume, consider it advisable to consult some of your principal officers.' I deemed this equivalent to an order, and the movement important. I called for the field officers of the regulars and twelve months volunteers embarked. Colonel Porter was not found at the moment. These questions were put: 'Is it expedient now to come over? Is the force we have sufficient to conquer the opposite coast?'" In response to a citizens' inquiry, the narrative above is nearly repeated word for word in the letter a few days later from Smyth to Major General Dearborn describing the same event. At this point in the above narration, he differs in his letter to Dearborn by adding this paragraph before proceeding with the near verbatim copy of the letter to the citizens. From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 287-290: Brigadier General Smyth to Major General Dearborn, Camp near Buffalo, 8th December, 1812: [pages 288-289] "The enemy showed a force estimated at five or six hundred men, drawn up in a field at some distance from the river, and had [page 289] one piece of artillery, said to be a nine- pounder, ready to fire on our troops." ""There remained unembarked a part of the artillery, a few cavalry, the volunteers under Colonel McClure amounting on that day to 340 men, a detachment from General Tannehill's brigade number unknown and little relied on. There were also sundry crowds who might perhaps have followed the army had it been successful." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 269: "The first question was decided in the negative by Colonel Parker, Colonel Schuyler, Colonel Winder, Lieutenant Colonel Boerstler, Lieutenant Colonel Coles and Major Campbell. Colonel Swift [LUTHER's former colonel] of the volunteers alone gave an opinion for their crossing over. The second question was not decided. Colonel Parker, Colonel Schuyler, Lieutenant Colonel Coles and Major Campbell were decidedly of the opinion that the force was insufficient. Colonel Winder, Colonel Swift, Lieutenant Colonel Boerstler and Captain Gilman [also called Gibson in Smyth's report to Dearborn. Gilman or Gibson was the senior officer of the artillery, called in when Colonel Porter was unavailable.] deemed the force sufficient." "I determined to postpone crossing over until more complete preparation would enable me to embark the whole force at once, the counsel prescribed by my orders. The next day was spent in such preparation, and the troops were ordered to be again at the place of embarkation at 8 o'clock in the evening of the 30th November. On their arrival they were sent into the adjacent woods, there to build fires and remain until 3 o'clock of the morning of the 1st December, when it was intended to put off two hours before daylight so as to avoid the fire of the enemy's cannon in passing the position which it was believed they occupied below, to land above Chippewa, assault that place, and if successful, to march through Queenston for Fort George. For this expedition the contractor was called upon to furnish rations [pork] for 2,500 men for four days, but not the flour, the Deputy Quartermaster called for 60 barrels and got but 35." "The embarkation commenced but was delayed by circumstances so as not to be completed until after daylight when it was found the regular infantry, 688 men; the artillery, 177 men; Swift's volunteers [LUTHER's former regiment] estimated at 230, six companies of federal volunteers under Captains Collins, Phillips, Allison, Moore, Maher and Marshall, amounting to 276 men, commanded by Colonel McClure; 100 men of Colonel Dobbins' militia and a few men in a boat with General Peter B. Porter, had embarked, the whole on board amounting exclusive of officers, to 1, 465 men or thereabouts, and it was now two hours later than had been contemplated." "There were some groups of men not yet embarked. They were [page 270] appealed to, requested and ordered by the brigade Major to get into the boats. They did not. The number of these the brigade Major estimated at 150. It was probably greater." Page 270: "It then became a question whether it was expedient to invade Canada in open daylight with 1,500 men at a point where no reinforcements could be expected for some days. I saw the number of regulars was declining rapidly. I knew that on them chiefly I was to depend." "I called together the officers commanding corps of the regular army. Colonel Parker being sick, there were present: Colonel Porter of the artillery, Colonel Schuyler, Colonel Winder and Lieutenant Colonel Coles. [Colonel Swift and his men had already embarked.] "I put this question, 'Shall we proceed?' They unanimously decided that we ought not." "I foresaw that the volunteers, who had come out for a few days, would disperse; several of them on the evening of the 28th, broke their muskets [because they had not seen a battle]. I foresaw that the number of regular troops would decrease, the measles and other diseases [the constant use of fresh meat had produced dysenteries] being among them, and they were now in tents in the month of December. I informed the officers that the attempt to invade Canada would not be made until the army was reinforced, directed them to withdraw their troops and cover them with huts immediately." "You say that on Saturday every obstruction was removed, and that a landing might have been effected 'without the loss of a single man.' This proves you unacquainted with the occurrences of the day. Colonel Winder, in retiring from the enemy's shore in the morning, lost a tenth part of his force in killed and wounded. The enemy showed no more than 500 or 600 men, as estimated by Colonel Parker, and one piece of artillery, supposed to be a nine-pounder. That force we might no doubt have overcome but not without loss, and that from the great advantage the enemy would had had, might have been considerable." "To recapitulate, my orders were to pass into Canada with 3,000 men at once. On the first day of embarkation not more than 1,400 men were embarked, of whom 400, that is half the regular infantry, were exhausted with fatigue and want of rest. On the second embarkation only 1,500 men were embarked, and these were to have put off immediately and to have descended the river to a point where reinforcements were not to be expected. On both days many of the regular troops were men in bad health who could not have stood one day's march, who although they were on the sick report, were turned out by their ardent officers." "The affair at Queenston is a caution against relying on crowds who go to the bank of Niagara as on a theatrical [page 271] exhibition, who if they are disappointed of the sight break their muskets, or if they are without rations for a day, desert." [Six hundred of General Tannehill's brigade deserted in 24 hours.] Page 271: "?I have some reason to believe that the cautious counsel given by the superior officers of my command was good. From deserters we learn that 2,344 rations are issued daily on the frontier on the British side. Captain King, prisoner at Fort George, writes to an officer thus: 'Tell our friends to take better care of themselves than it appears I have done.'" "P. S.-It will be observed that the force ready could not otherwise be ascertained than by an actual embarkation, it being uncertain what portion of the volunteer force would embark." (From a file in the New York Society Library.) From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 290: [continuing from the letter to Major General Dearborn, dated 8th December]: "The volunteers and neighboring people were dissatisfied, and it has been in the power of the contractor's agent to excite some clamor against the course pursued. He finds the contract a losing one, and would wish to see the arm in Canada, that he might not be bound to supply it." "I am sorry the situation of the force under my command has not been such as to make the propriety of a forward movement obvious to all. Circumstanced as we were, I have thought it my duty to follow the cautious counsels of experience, and not precipitation, to add to the list of our defeats?" (From the Historical Register of the United States, 1814, Vol. II, pp. 119-122.) LUTHER TYRER was taken prisoner by the British and marched off to Fort Erie, where he was held for two months. At the end of the two months, [in January] he was paroled and taken to the American side of the Niagara River. He returned to camp headquarters at Flint Hill, near Buffalo, and reported in to his officers, but because of the terms of his parole, he was not permitted to serve, unless called later after the parole term ended. From The History of Concord, NY, page 65: "The breaking up of the command was attended by scenes of the wildest confusion; four thousand men firing off their guns, cursing Gen. Smyth, their officers, the service, and everything connected with their military experience." The War of 1812 on the Niagara Frontier described it on page 75: "When the invasion was abandoned the rage of the army passed all bounds of discipline. Officers broke their swords and the men smashed their muskets against the trees." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 291: "General Order, Headquarters, Cantonment, Williamsville, December 8th, 1812: By a return of the brigade of General Tannehill of Pennsylvania volunteers, it appears that five captains, four lieutenants, eleven ensigns, eighty-three sergeants, eighty-nine corporals, twenty-five musicians and nine hundred and thirty privates had revolted and deserted, leaving for duty only two hundred and sixty-seven privates?" Page 291: "From the Buffalo Gazette, Tuesday, 8th December, 1812: To the Editor of the Buffalo Gazette: Sir, A friend has just handed me the proof sheet of your paper this morning, in which is contained what purports to be General Smyth's official account of the affairs of the 28th November, and 1st December." "I beg that you will suspend publication so long as to assure the public that in your next I will give a true account of some of the most public transactions of those days?" Page 292: "In ascribing, as I shall not hesitate to do, the late disgrace on the frontier to the cowardice of General Smyth, I beg to be understood as not intending to implicate the characters of the officers whose opinions he has brought forward to bolster up his conduct. Several of them I know to be ass brave men as ever wielded a sword, and their advice, if indeed they gave the advice imputed to them, may be accounted for in the obvious consideration with which every one who saw him must have been impressed that any military attempt under such a leader must in all human probability prove disgraceful." Your very humble servant, Peter B. Porter From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 292: "From the Buffalo Gazette, Tuesday, 8th December, 1812: Notes of the Times: The militia volunteers who came forward under the invitation of General Smyth have all returned home, cursing their stars because they had not 'seen' or felt 'a battle.' The Pennsylvania volunteers, consisting of nearly 1700 men, have nearly all gone home for winter quarters. These troops were much dissatisfied. Since their arrival, they have been exposed in tents. We understand that last week they were ordered to build huts, which they would not comply with. The United States twelve months' volunteers are to be stationed in this village, with the exception of Swift's regiment [LUTHER's former regiment]. Several families in this village have relinquished their homes for the comfort of the troops. The articles of provision and forage are now very dear and scarce." From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 302: "From the Buffalo Gazette, Tuesday, 15th December, 1812: To the Public-In the Gazette of last week promised to give an account of some of the most 'prominent transactions of the 28th November and the 1st of December.' Having since that received from General Smyth assurances which, as a man of honor I am bound to believe, that the course pursued by him on both those days was such as was required by his orders and instructions from the Secretary of War and General Dearborn, this communication will assume a character quite different from the one then contemplated?" "On the 27th of November there was collected at this point a military force of about 4,500 effective men, consisting of regular troops, New York, Pennsylvania and Baltimore volunteers, under the command of General Smyth." "There was then lying at the navy yard near Black Rock, which had been previously prepared for the purpose of transporting the troops across the river: 70 public boats, calculated to carry 40 men in each 2,800 5 long boats belonging to individuals, which had been taken into public service, calculated to carry 100 men each 500 10 scows for artillery and 25 men each 250 3,550 Besides a number of small boats. "At two o'clock on that day I received a copy of General Smyth's order for the march of all the troops the succeeding morning at reveille to the navy yard to embark for Canada. I immediately gave orders for the New York volunteers who had been placed under my command to parade at 4 o'clock in the morning at their encampment, about one and a half miles from the navy yard. In the evening I learnt that the parties mentioned in General Smyth's dispatch were to cross the river at 11 o'clock at night to attack the enemy's batteries opposite Black Rock. General Smyth, not being here, I waited on Lieutenant Angus and suggested to him the propriety (if within the scope of his orders) of postponing the enterprise until nearly morning to give as little time as possible before the passage of the army for the enemy's troops to collect from the stations down the river. They landed at 3 in the morning under a severe fire of musketry and grape-shot from two pieces of flying artillery." "Lieutenant Angus with his little band of sailors, assisted by Captain King and a few of his party, attacked the principal force of the enemy, consisting of about 250 at the Red House (the seamen charging with their pikes and swords against muskets and bayonets) and routed them in all directions. Captain Dox, who took a distinguished part in this affair, was severely wounded. After a hard and destructive engagement, the enemy were completely dispersed, the two field pieces spiked and the [page 305] house in which the enemy quartered fired. The seamen returned to our shore, bringing off their wounded and several prisoners. Out of twelve naval officers who embarked in this enterprise, nine of them with more than half their men, were killed or wounded. If bravery be a virtue? the Government will make ample provision for the heirs of those brave tars who fell on this occasion, as well as for those who survived. Captain King proceeded to spike and dismount the guns in the batteries. Lieutenant Colonel Boerstler dispersed the enemy lower down the river, making a number of prisoners." "By sunrise in the morning most of the troops had arrived at the place of embarkation, and the day was fine. I marched 340 of the volunteers, who had rallied under General Smyth's invitation, well armed and provided and in high spirits. About 150 more who came in the evening before we were at Buffalo drawing their arms, with orders to join us as soon as possible. I stationed my men, as instructed by General Smyth, in a field at the navy yard, with directions to wait for further orders. The parties who had crossed in the night, aided by our batteries, which at daylight opened a powerful and well directed fire, and a piece of flying artillery on the island, under charge of Captain Gibson, had driven everything from the opposite shore. Colonel Winder, an officer of great intelligence, zeal and bravery, under the mistaken apprehension that the party under lieutenant Colonel Boerstler were in danger of being cut off, made an unsuccessful attempt (although his own boat landed) to land with 250 men at a different point down the river and had returned as stated by General Smyth." "The general embarkation now commenced, but it went on so tardily that at twelve o'clock the whole of the regular troops and Colonel Swift's regiment were not in the boats. A considerable number of boats were lying on the shore of the river and creek, laving been thrown up by the high water of the preceding day. Several were in the creek half filled with water and ice. I called on General Smyth and proposed to occupy those boats with my volunteers, many of whom were impatient to embark. Being, however, at this moment informed by Colonel Porter that the boats which had been used by Colonel Winder were lying about a mile below, Major Chapin and myself, with about 30 men, went down the river, brought up five boats, filled them with men and arrived at Black Rock, the point from which it was proposed to put off as soon as many of the regular troops. At about two o'clock all the troops which it appeared were intended to be crossed at first were collected in a group of boats at Black Rock, under the cover of the batteries. I have seen no [page 306] official account of the number of men in the boats. My opinion was that the number exceeded 2,000. Most men of observation who were present estimated it at 2,600. The men were in fine spirits and desirous of crossing." "General Tannehill's volunteers, Colonel F. McClure's regiment, some riflemen, cavalry, and etc, amounting to about 2,000, were still paraded on the shore, and, as I am informed, were ready to cross. Several boats, of sufficient capacity to carry about 1,000, were still lying at the navy yard unoccupied. I have not been able to learn that any order or request was made for the embarkation of any of the troops other than the regulars and Colonel Swift's regiment. The enemy, estimated at about 500, were drawn up in a line about half a mile from the shore." "After remaining in the boats till late in the afternoon, an order was received to disembark. It produced among the officers and men generally great discontent and murmuring, which was, however, in part allayed by assurances that the expedition was only postponed for a short time until our boats could be better prepared." "On Sunday, another order was issued by General Smyth for the march of the troops to the navy yard, to embark at 9 o'clock on Monday morning. I was at Buffalo when it was received, and found that it was generally as to time and manner disapproved by the officers of the volunteers. I saw General Smyth in the evening at Black Rock with Colonel Winder, and stated my objections to his plan. The enemy had remounted his guns on his batteries so as to render it inexpedient to cross at the favorable point which had been taken on Saturday, above the island which covers the navy yard. Immediately below the island, the enemy lay in force much augmented in consequence of the affair of Saturday, occupying a line of shore of about a mile, where the current is rapid and the shore abrupt. I did not believe it possible to effect a landing with raw troops in any tolerable order, if at all, in the face of the flying artillery and infantry, which a full view of our movements in the daytime would enable them to oppose to us." "I proposed to postpone the expedition to night, to march and embark the troops silently, to put off about an hour and a half before daylight so as to pass this dangerous line of shore in the dark, when we should suffer less from their fire, and to land about five miles below the navy yard, where the stream and banks were particularly favorable to a safe and orderly landing. Colonel Winder seconded my proposal with great earnestness and force, and it was adopted. The army was to be embarked at 3 o'clock on Tuesday morning, and to proceed at half past 4 according to the order of a line of battle submitted a few days before by General Smyth; the regulars on the [page 307] right or in the front boats, General Tannehill's troops in the center, the new York volunteers on the left. I was to go in the first boat with a chosen set of men, direct the landing, and join the New York volunteers on their arrival." "On Monday evening seven boats for Colonel Swift's regiment and eight for the State Volunteers were brought some distance up the river and left at different points, to avoid the noise and confusion of embarking the whole army at one place. At half-past 3 on Tuesday morning the eight boats were filled with volunteers (Colonel Swift's regiment being higher up) and dropped down, taking their stations above the navy yard. On our arrival, I found that about half the artillery (a corps which has on every occasion while on the lines shown great exactness of discipline, promptitude, and zeal for service) had embarked and the residue were embarking. Not a man of the regular infantry was in the boats for about a half hour, when Colonel Winder's regiment entered their boats with great order and silence." "About three quarters of an hour after this the remaining regiments commenced their embarkation, when I dropped down to the front of the line with a flag in my boat to designate it as the leading boat. I was accompanied by Major Cyrenius Chapin and John W. Macomb, Captain Mills of the cavalry, Adjutant Chace and Quartermaster Chaplin, and about 25 volunteers from Buffalo under Lieutenant Haynes." "I mention the names of these gentlemen because they had the day before decidedly objected to passing at the proposed point by daylight, but when daylight appeared and one of the men raised some difficulty on that account, he was induced to remain, and it was unanimously agreed to incur the additional hazard and patiently wait the orders of the General to put off. At daylight we discovered the troops disembarking, and were informed that the invasion of Canada had been abandoned for this season, and that the troops were ordered to winter quarters. A scene of confusion ensued which it is difficult to describe; about 4,000 men without order or restraint, discharging their muskets in every direction." "About 1,000 volunteers came in under General Smyth's proclamation, but owing to the state of the roads, which was bad beyond example, many did not arrive until after the 1st of December." "It is impossible for me to form any estimate of the number of troops embarked at any one time this morning; it was yet scarcely light and I was at one end of a line of boats occupying a distance of half a mile. When the volunteers first arrived at the navy yard, and it was found that the regular troops had not yet appeared, their officers were instructed to permit them to land and keep themselves [page 308] warm by exercise, as the boats were covered with snow which had fallen during the night, but they were instructed not to leave the side of the boats that they might immediately re-enter. Peter B. Porter, Black Rock, December 14, 1812. From the Documentary History of the Campaign: Niagara Frontier in the Year 1812, Volume I, Part 2: Page 302: "From the Buffalo Gazette, Tuesday, 15th December, 1812: Duel-[We are happy to have it in our power to give the official account of the recent affair on Grand Island; it will tend to counteract the numerous falsehoods which are in circulation respecting the meeting. The challenge, we understand, was given by General Smyth.]" "A meeting took place between General Smyth and General Porter yesterday afternoon on Grand Island, in pursuance of previous arrangements." "They met at Dayton's Tavern and crossed the river with their friends and surgeons. Both gentlemen behaved with the utmost coolness and unconcern. A shot was exchanged in as intrepid and firm a manner as possible by each gentleman, but without effect. It was then represented by General Smyth's second that General Porter must now be convinced that the charge of cowardice against General Smyth was unfounded, and should in honor be retracted, which after mutual explanations as to the matters which had given rise to the charge, was accordingly done by him. General Smyth then explained that his remarks on General Porter were the result of irritation, and were intended as provocatives, he having been assailed by General Porter, and that he knew nothing derogatory to General Porter's character as a gentleman and an officer." "The hand of reconciliation was then offered and received." "We congratulate the friends of these gentlemen upon the fortunate termination of a difference arising from too much precipitation, but which has been adjusted in a manner honorable to both." William H. Winder, Samuel Angus, Black Rock, December 13, 1812. From The History of Concord, NY, page 65: The disgust of the public was equally great. Smyth became the object of universal derision. The mere fact of his waiting till his men were in boats for the purpose of invading Canada before calling a council of war to decide whether Canada should be invaded, showed him to be entirely deficient in the qualifications of a general." "On the 22nd of December, Smyth resigned his command to Col. Moses Porter, and retired to Virginia on leave of absence. Before his leave expired, Congress legislated him out of office." From LUTHER TYRER's application for bounty land: "That he was taken to Fort George in Canada, where he was retained a prisoner over two months [making it January 1814], when he was paroled and taken to the American side of the Niagara River and reported himself to his officers at Flint Hill near Buffalo, that he was sent to Greenbush and from there to Boston when he was paid three months pay. That he there obtained a permit to return home until called on. That he arrived home the 21st of April 1814, where he remained during the war and never was exchanged to his knowledge." LUTHER reported that he did not return to Concord or North Collins until April 21st, 1814, but several descendants have his date of marriage to Nelly Curtis as being March 21st, 1814. Perhaps he married her in whatever village she was living in at the time, and then brought her to his home in North Collins. From the History of Concord, NY, page 183: "In 1823, he [LUTHER] was assessed for 78 acres of land, valued at $196, on which he was taxed $1.51". From North Collins Remembered, 1941, by Ethelyn Weller: Chapter 8: "One of the great annoyances to these early settlers were the wolves which destroyed their flocks. Levi Woodward and Samuel Tucker of North Collins were quite famous wolf hunters. As a bounty was paid for each animal killed, their capture was a profitable business. Minutes of old town meetings show that in 1824 it was resolved to pay ten dollars for every full-grown wolf and five for every whelp killed anywhere in Collins. This of course, included North Collins. In 1827, these amounts were raised to twenty-five and twelve and a half dollars. The next year the bounty was again raised to fifty dollars for any wolf killed in the town." For a woodsman such as LUTHER this was probably a source of cash, which was hard to come by. LUTHER married Nelly Curtis, and according to some descendants the date was March 21, 1814. However, the date that we have for the oldest daughter, Louisa Tyrer's birth, was June 7, 1812. This researcher suspects that Nelly Curtis was a niece of James Goodell's wife, Eunice (Curtis) Goodell. LUTHER and Nelly had five children: Louisa; Warren; reportedly born in 1816, Sarah, born May 25, 1821; Hiram, born April 24, 1824 [per his Calaveras County, CA death certificate]; and William O'Brien Tyrer, born May 20, 1825, Marilla was born between 1828-1829, James L. born 1830, Rosilla born 1832. LUTHER was reported to have taken a second wife named SARAH or SALLY [which is a nickname for SARAH] but we do not know when or where (nor do we know her last name), only that it took place before the birth of their first child in October 14, 1836, ELISHA. At the time of ELISHA's birth, LUTHER was forty-seven years old. Nelly was still living at this time, and there is a record of her selling land to LUTHER's older brother, Captain James Tyrer, in 1852. [See below.] Several years passed by after the birth of Elisha. Isabella Tyrer was born August 31, 1842, and Robert was born on Leap Year's February 29, 1844. The Ancestral Index of the Church of the Latter-Day Saints suggests that SARAH, 2nd wife of LUTHER, was born in Vermont, but this has not yet been confirmed with actual records. We have yet to learn whether LUTHER met her in Vermont, Massachusetts, New York, or in Columbus, Ohio, or Indiana, or Kentucky. These are six states wherein various sources report that these Tyrers had lived. The sources are as follows: 1) Isabella's statement that the family Bible said Indiana (her statement was given in an affidavit for ELISHA's civil war pension application. She also deposed to her birth in Indiana in papers for the probate of Hiram Tyrer, her half-brother.); 2) The U.S. censuses of Wisconsin; 3) In conflicting civil war pension affidavits given by ELISHA [By then in his 70's, ELISHA was diagnosed by his doctor as not being as alert as he should be] and his brother Robert, one of which claims Columbus, Kentucky as the birthplace, the other Columbus, Ohio. The Kentucky Columbus is the same city in which he spent much time during his term as a soldier in the Union army, so perhaps he became confused by the questions. 4) We do not know from which records it is claimed that SARAH was from Vermont, but perhaps she was mistaken for Luther's wife. Sarah Bartlett was the 3rd wife of Luther's son, Warren, and she was from Vermont. 5) In the 18?0 census, Isabella Tyrer listed her mother, SARAH as being foreign-born. The 1850 census from Adams County, IL indicated that 4 - year old Robert Tyrer, who was staying with a son of Asa Tyrer [Earl and his wife who were at that time, childless] had been born in Indiana. LUTHER's 2nd wife SARAH died in 1846, and his first wife, Nelly did not die until 1857, aged 61 years, and is buried in Morton's Corners Cemetery [from Erie County, NY Cemetery Records, SLC microfilms 14111736, 1437513, 1381762]. Descendant Karen Anding Crooks gives the date as May 5, 1857. Did LUTHER ever divorce Nelly? He did show up back in North Collins in 1850, from the census records, but he lived with his son Warren. The Morton's Corners cemetery contains the graves of James L. Tyrer, 1878; Volney, son of William and Louisa Tyrer, 1850; 3 years, and Marilla, daughter of LUTHER and Milly? Tyrer; 1847. This Milly Tyrer has never been mentioned in any of the Tyrer research that this researcher has seen to date. While it seems unlikely that a headstone would incorrectly spell Nelly, it can be difficult to read a worn stone, so this may been a transcribing error by the headstone reader. Since this time I have located a census page [1850 Concord, Erie County, NY] which shows a Milly Tyrer living with her children James and Rosilla Tyrer. Her last name is listed as Tyra on Ancestry.com, but seeing the actual handwriting, it is Tyrer. I have accepted the probability that Nelly and Milly are the same person. They were both reported born in 1796, although I have only seen the evidence for Milly in the 1850 census. There is a census for Nelly as head of household, but it was the 1840 census which contained no ages. [This 1840 census while she is the head of household reinforces that Luther was living with our ancestor, Sarah, by then, and his first child, Elisha was by then 4 years old.] Perhaps someone came across the headstone in Morton's Corners and with the damage done from rain and lichens, and it was so faint that they read the name as 'Nelly,' and that was also where they may have gotten the death date. Or it could have come from one of their children's family Bibles, most likely Louisa's. That may also be where we got 'Nelly's name from. On the other hand, naming a child Marilla certainly lends strength to the argument that her name was 'Milly.' From North Collins Remembered, 1941, by Ethelyn Weller: Chapter 15: "Between the Methodist-Episcopal church and the Congregational, lay North Collins' first cemetery. About 1920, the Methodist Society was discontinued, the church building bought by the Congregationalists and moved to the rear of that church? Many of the bodies in the old cemetery were moved to the newer one south of the village on the Buffalo Gowanda Road. The graves remaining had their headstones buried deeply, according to law, and today [written in 1940] there is only a meadow where the soft winds of summer sway the long grass and wildflowers that grow above the sleeping dead?" photo of the North Hill of this cemetery at http://freepages.history.rootsweb.ancestry.com/~imagestones/NY/Marshfield/MBG/ From ELISHA's obituary and the marriage registration of Isabella (which asked for her parents' names) we learned that LUTHER was the father of ELISHA, Robert and Isabella Tyrer. From the court papers filed in Hiram Tyrer's probate, we learned that Sarah died in Indiana [per a statement from Isabella]. LUTHER is buried at the Eastside Cemetery in Dodgeville, WI. We learned that SARAH died either in 1845 [from Isabella's obituary in the Watertown, SD newspaper] or in 1846 from an affidavit for a civil war pension claim by Robert Tyrer in which he states: "That his mother died when he was 2 years old. That he lived with relatives until he was 6 years old. That he never saw the Family Bible and does not know of any birth record of his birth, but his father told him that his birthday was Feb. 29, 1844". It could be that she died in Dodgeville and was buried in one of the early cemeteries (as written about by Fieldhouse), which were stripped of headstones and paved over. One point on this wife of LUTHER, however. There are some descendants who question whether she might have been Nelly Curtis Tyrer's sister, Sally. Some evidence may be found against it, because she was not mentioned as such in the letter written by ELISHA TYRER's older half-brother, William O'Brien Tyrer in 1846. It does not mention her death, and in fact, still refers to 'Aunt Sally' as living. This Aunt Sally was more likely the wife of Ezra Nichols. [See this letter in this family tree under William O'Brien Tyrer.] SARAH TYRER did not die until 1846, and we now know that it was in Indiana, thanks to the court case attached to the probate of Hiram Tyrer's estate in Calaveras County, CA. We do not know when LUTHER joined his family in Dodgeville. I found a petition to the Iowa County Board of Commissioners signed by LUTHER TYRER (and the above- mentioned settlers) in 1848. From U of Wis. at Platteville, Iowa Series _____ Dodgeville, March 1, 1848 To the Honorable Board of County Commissioners of Iowa County, state Wisconsin. The petition of the undersigned citizens humbly showeth that the erection of a county road is necessary to the public good, commencing at guide board a short distance north of Minersville, thence running on the most practicable route to the southeast corner of the NE quarter, Section 20, from thence on the most practicable route by Tyrer's brickyard to the northwest corner of Section 17, and there terminate in Township No. 6, Range 3 East. The petitioners are well acquainted with said route and believe it will be for the good of the neighborhood and public in general. Their prayer is that the Honorable Board of Commissioners will give them a grant for said road, and they as in duty-bound, will forever pray. Names John Jewell, Wm Harris, Wm? or Hen? or Ken? Bennett, Matthew Harris, WILLIAM TYRER, Samuel Hamly, Joseph James, Edward James, Jas. Hoskins, JAMES L. TYRER, Thomas Parray, Henry Robinson, ASA TYRER, LUTHER TYRER, John Lindsey, John Cock, Johnson Glanville, John Cafferly, James ?Murtaugh?, Thomas Stephens, Henry Jacobs, M. B. Persons, HIRAM TYRER, T. B. Shaunce, H. B. Lancaster [if there were more signatures, I neglected to photocopy the pages.] ELISHA TYRER's obituary provided us with the information that LUTHER's brother in Dodgeville, Asa Tyrer and his wife, Chloe (Andrews) Tyrer raised him [ELISHA] and his siblings, although they lived separately much of the time. (We learned of this separation from the Asa Tyrer family history [on file in the public library in Quincy, IL]. There is extensive information on this branch of the Tyrer family to be found both in Quincy, IL and in Dodgeville, WI, for Asa was one of the earliest settlers of both locations. Asa and his sons, William and Simon Hiram Tyrer, are among the earliest settlers of Iowa County, according to the History of Iowa County, 1884. They arrived in Dodgeville in 1828, and were the last of the settlers to seek refuge in Brigham's fort at the Mounds, during the Black Hawk war. [One of the Asa Tyrer descendants inherited the 'blanket chest' of drawers that had belonged to RUTH GOODELL TYRER, and it is still in the possession of his family]. LUTHER TYRER returned to New York state in 1850 to make application for his bounty land warrant, which when assigned, was warrant No. 450-160-50. His warrant was approved on January 3, 1851 and sent to his land attorney, Samuel Lake of Buffalo, NY on February 10, 1851. He was allowed 160 acres. The slip of paper also indicates that his warrant was recorded in Volume 11, page 90. There is another number on another slip of paper that says "No. 3171, LUTHER TYRER, U. S. Inf. Bounty Land Claim." When I tried to view the land warrant on the War of 1812 land warrants microfilm, the microfilm did not include the above mentioned volume. So, at this point, we do not know where he located the land that his warrant entitled him to. The certificate would have shown at least the following [copied from Certificate No. 19,515 of the year 1818]: "Pursuant to the second section of an Act of Congress, passed the 6th of May, 1812, authorizing the Secretary of War to issue Land Warrants to the noncommissioned officers and soldiers enlisted in the service of the United States, conformably to the acts of the 24th December, 1811, and of the 11th of January, 1812, [soldier's name] late a private in the company commanded by Capt. ____ _____ of the __ regiment, United States Infantry, is entitled to one hundred and sixty acres of land, to be located agreeably to the said act on any unlocated parts of the six millions of acres appropriated by law for the original grantees of such military warrants; and this warrant is not assignable or transferable in any manner whatever."* See appendix under LUTHER TYRER]. "Located 5, November, 1818, Ill's, page 859. Given at the War Office of the United States; this 9th day of November, 1818. J. C. Calhoun, Secretary of War." We don't have the coordinates for the land he selected. I have provided the reader with the full explanations from the Introduction to the Nat'l Archives Microseries M848, War of 1812 Bounty Land Warrants, 1815-1858 to assist in those who wish to pursue this. A fragment of it is reproduced here: "No complete index of Illinois [territory] patentees has been found among the GLO records. For any bounty land reservation, if the date (at least the month and year) of the location of the land and the state in which it was located can be determined, the warrant number and information about the veteran can usually be found in the Abstracts of Military Bounty Land Warrant Locations. For Illinois [territory], a resolution of the U. S. House of Representatives on April 6, 1839, required the GLO to prepare a list of names of veterans to whom patents were issued for land in the Military Bounty Land District in Illinois [Territory] for service in the War of 1812." "The list, taken from the Abstracts, was transmitted to the House July 21, 1840, and published as H. Doc. 262, 26th Congress, 1st session. The entries are arranged by date of patent and include name of patentee, warrant number, rank of patentee, corps or regiment of service, legal description of the land, name and place of residence of the person to whom the patent was delivered, and delivery date. This published document is available in most large libraries." Some War of 1812 veterans, including both commissioned officers and noncommissioned officers and soldiers, received warrants under acts of 1850 (9 Stat. 520), 1852 (10 Stat. 3) and 1855 (10 Stat. 701) which were general acts applying to veterans of several wars. Warrants issued under these acts are not included in this publication? A file of warrants duplicating the GLO sets was kept by the Bureau of Pensions and is now in the National Archives as part of Records of the Veterans Administration, Record Group 15. While in New York, LUTHER TYRER stayed with his oldest son from his first marriage, Warren, and records show that he still owned land there himself. In William (of Green Valley, AZ) Tyrer's transcribed notes from a conversation with Gerald Fieldhouse, a noted genealogist who lived and died in Dodgeville, Gerald stated: "LUTHER lived in Indiana and when he was a very old man he came to Dodgeville and died there." In New York, in 1852, we find a record of a quit claim land deed by Nelly Tyrer to her son [or perhaps it was her brother-in-law], James L. Tyrer, volume 129, page 36: "This indenture, made the 22nd day of March in the year of our Lord, 1852 between Nelly Tyrer of Concord in the County of Erie and state of New York, of the first part, and James L. Tyrer of the same place, of the second part. Witnesseth that the said party of the first part, for and in consideration of the sum of fifty dollars, lawful money of the USA, to her in hand paid by the said party of the 2nd part, the receipt whereof is hereby confessed and acknowledged, has remised, released and by these presents of remise and release unto the said party of the 2nd part? all that certain piece or parcel of land: "Situate, lying and being in Concord aforesaid, distinguished by being part of lot number 90 in the 6th town and 7th range as surveyed by Joseph Ellicott for the Holland Land Company, being the southeast part of said lot No. 90. Bounded east by lot No. 89, twenty-two chains, fifty-three links (22,53) southerly by lot 81, thirty-one chains, 7 links west by a line parallel to the first mentioned line, 22 chains, 53 links, and north by a line parallel to the southern bounds of the land hereby conveyed, 31 chains and 7 links, containing about 70 acres of land?" On this 22nd day of March, 1852, before me, Morris Fosdick, a justice of the peace in and for said County, came Nelly Tyrer, which I know to be the Grantor described in, and who executed the above deed and acknowledged she had executed the same." This deed is significant because Nelly was still living in 1852, which is several years after LUTHER started having children with SARAH! ELISHA TYRER was born in 1836, Isabella in 1842 and Robert in 1844. Did Nelly and LUTHER obtain a divorce in Erie County, in the courthouse records of Buffalo, NY? The court there is called the Surrogate Court for family matters, I believe. Nelly did not die until May 5 [per Karen Anding Crook's sources,] 1857 [per cemetery records], aged 61 years, and is buried in Morton's Corners Cemetery [from Erie County, NY Cemetery Records, SLC microfilms 14111736, 1437513, 1381762]. She is buried near LUTHER's brother [or her son], James L. Tyrer, Volney, an infant son of William and Louisa [her daughter] Tyrer, and Marilla, a daughter of LUTHER and 'Milly' [but probably too faded, and was really 'Nelly'] TYRER. "Nelly Wife of LUTHER TYRER d. 1857 61 years" LUTHER's daughter, Louisa was married to Wm. Tyrer [LUTHER's nephew], and his daughter, Sarah, was living in his nephew's home Edward A. Tyrer (as indicated in the 1850 Dodgeville census). At the age of 9, Isabella was listed with the Chloe Tyrer family in the 1850 Dodgeville census, but we do not find ELISHA or Robert there. The boys were still quite young in 1850, ELISHA being only age 11, so could they have been farmed out as servants to other families, or were they still with their father? They do not show up in any of the known states' 1850 census. LUTHER TYRER died during the course of the Civil War, in Dodgeville, on June 3, 1863. Robert was home on medical furlough in the month of May, due to an injury to his eye which left him blinded in that eye. In two separate War Pension affidavits, it is said that Isabella copied the family birth and death dates from her father's family Bible. We do not know whether this Bible remained with her, or whether, as was the custom of the time, the Bible was interred with LUTHER's body in the grave at the Eastside Cemetery in Dodgeville, where his headstone is yearly decorated with a flag on Memorial Day. File at: http://files.usgwarchives.net/ny/erie/bios/tyrer1151gbs.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 180.0 Kb