After that time, every citizen of the United States, found in Canada, will be treated as a prisoner of war, unless he has taken the oath of allegiance.

A considerable force having been assembled in the neighbourhood of Niagara river, under the command of Maj. Gen. Stephen Van Rensselaer, with the view, as was generally understood, of effecting a descent upon the British province of Upper Canada; a strong and impatient desire was discovered among the troops to try their strength against the enemy. This gradually rose to such a height, that resistance to it seemed scarcely, if at all possible; patriotism was passing the limits of subordination. This (says the general in his official communication to Gen. Dearborn) was expressed to me through various channels, in the shape of an alternative; that they must have orders to act; or, at all hazards, they would go home."

Impelled by this consideration, the general made dispositions for the intended attack on the British post at the heights of Queenstown. Some information gained from a person who was engaged to pass over to Canada, and who returned safe, seemed to warrant an attack, which, besides the immediate object might have a controlling effect upon the movements at Detroit, where it was understood the British General Brock had gone, with all the force he could spare from the Niagara frontier.

An intention to transport troops across the river, on the morning of the 11th October, was frustrated through means of a boatman, selected for his skill and steadiness; but who, going ahead in the extreme darkness, passed the intended place far up the river, and there fastened his

boat to the shore, and abandoned the detachment. In this front boat nearly every oar belonging to all the boats were deposited. The expedition was given up, and the detachment returned to camp.

This circumstance, so far from damping the ardour of the troops, seemed to give additional force to the desire of encountering the enemy.— A second attempt was determined on.

A detachment from the 13th regiment consisting of about 300 men under the command of Col. Chrystie, and about 300 militia, commanded by Col. Van Rensselaer, received orders from the general to cross the Niagara River on the morning of the 13th inst. which was in part effected before day, under a very heavy and destructive fire of grape and musket shot from the British.

In crossing the river, three boats with troops one of which contained Lieut. Col Chrystie, were carried by the rapid current of the river far below the point of landing; and as soon as Col. Chrystie's boat touched the shore the only guide to the ground left the colonel.

In consequence of this disaster not more than 200 men, at first effected a landing. Those few, however, marched on under a heavy fire, and formed a line on the front of the battery, where they were sheltered by a bank, upon the summit of which there was a battery, which had proved very destructive to officers and men. From the fire of this battery, and that of a house on their right bank, Col. Van Rensselaer was wounded, and likewise Capt. Armstrong, Capt. Lawrence, Capt Wool, and Lieut. Lent; killed, Lieut. Valleau and Ensign Morris, all of the 13th.

Col. Van Rensselaer's wounds were severe, a

ball passed through his right thigh, entering just below the hip bone; another shot passed through the same thigh a little below; a third through the calf of his leg, and a fourth cartoused his heel. Lieut. Col. Chrystie did not arrive until some time after this, and was wounded in his hand, in passing the river. Col. Van Rensselaer was still able to stand; and, with great presence of mind, ordered his men to proceed and storm the fort.

Sixty determined men, led by Capt. Ogilvie, seconded by Capt. Wool, (though wounded) and Lieut. Kearney, Lieut. Carr, Lieut. Hugginan, and Lieut. Sammons, Ensign Reeve, of the 13th, Lieut. Randolph, and Lieut. Gansevoort, circuitously mounted the heights, gave three cheers, and immediately charged; and, after the third charge, gained complete possession, which they kept about ten hours. Among those sixty were ten of the militia. During the time they had possession of the heights, they received some reinforcement. Lieut. Col. Chrystie effected his landing, and a body of militia. amounting, in the whole, to about 500. Cel. Scott superseded Capt. Ogilvie in the command; soon after which the British received a reinforcement from Forts George and Chippawa, amounting to about 1100, including Indians. The Indians were soon repulsed and driven to the wood.

Capt. Ogilvie, of the 13th regiment, who led the detachment that succeeded in taking the redoubt upon the heights, was much exposed while at the top of the precipice; he resolutely continued brandishing his sword as a signal to his men to advance. The exertions of Capt. Wool, in urging on his men, after he was wounded, were spirited and conspicuous.

After this, both parties were considerably reinforced, and the conflict became severe and general; the enemy was compelled to retreat at every point of attack, and the route was followed up, with great spirit by the Americans.

Reinforcements continued to arrive under Capt: Gibson, of the artillery, Captains Mackesney and Lawrence, of the infantry; and Colonels Mead, Allen, and Stranahan, of the militia. A little before 2 o'clock in the afternoon, Gen. Wadsworth Lieut. Col. Chrystie, and Maj. Mullany* passed over. The enemy, at this moment, received a reinforcement of several hundred Indians from Chippawa, and commenced a furious at

*This statement is given from the best account that could be procured. The compiler has Col: Mullany's authority in saying, that this was the fifth time he passed over during the engagement. From an official report of Col. Mullany to Gen. Van Rensselear, dated 5th Jan. 1813, (the original of which is in the office of the War Department, but which has not been published) the following extract is given:

"I cannot in justice close this communication, without expressing my astonishment at the omission of its (Col. Mullany's detachment) arduous, its desperate duties in your official detail of that day, although indifferent as to myself, satisfied I will yet have justice done, when the scenes of that enterprize are better known. Many of my officers merited a full share of public notice; and, from my knowledge of you, Sir, to a want of correct information, I ascribe the cause of complaint."

Gen. Van Rensselaer, in reply to Col. Mullany, dated Albany, Jan. 23, 1813, acknowledges and regrets the omission in his official detail, in which the services of the Col. and his command were omitted.

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tack, but were promptly met, and routed by the rifle and bayonet. Victory seemed complete.

The General observing a hesitation in the embarkation of troops, he passed over to accellerate their movements. Could the details of this day be here closed, all would be honour, all would be glory to the American character. But it must be recorded; alas! it cannot be concealed, that no persuasion of the general, or of Lieut. Col. Bloom, who, although wounded, rode through the camp, nor of judge Peck, who also exerted himself on this occasion, could influence the remaining troops to pass into the boats. A large reinforcement from Fort George, soon afterwards was seen coming up the river; this reinforcement obliqued to the right from the road, and formed a junction with the Indians in the rear of the heights.

The superiority in numbers of the British and their Indian allies induced the American officers to hold a consultation, at which they were disposed to dispute the ground they held; but a note was received from Gen. Van Rensselaer, informing them he could afford them no assistance, and that he would cover their retreat at the battery at Fort Grey, and furnish boats to re-cross the river; and finding by Col. Stranahan that the militia would no longer act, a retreat was resolved upon. They retreated in good order, without the loss of a man, to the margin of the river but, to their extreme mortification, not a boat was their to receive them, nor did any arrive. After remaining in this extremely painful situation about a quarter of an hour, this little band surrendered to about five times their number.

Previous to this, however, a column of British regulars advanced, commanded by Gen. Brock.