DEFENCE

OF

BRIGADIER GENERAL HULL.

I

Mr. President,

And Gentlemen of the Court-Martial,

HAVE too long, and too severely felt the effects of public prejudice, excited by unfounded reports and groundless clamours, not to rejoice, that the time has arrived, when I may speak in my own vindication, before an impartial and honourable tribunal.

The charges, upon which you are now to decide, have been propagated through the union, with a zeal and industry, to which my age, my character, and my former services, have been in vain opposed.

My reputation and feelings have been the sport of every one, who either from malicious, selfish, or political motives, chose to traduce me. The time has been, when no one would have dared to couple dishonour with my name; when my heart has exulted to find myself mentioned among those who deserved well of their country. But since my efforts to serve

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her, have been unsuccessful, how have I been tortured with cruel and unfounded accusations !---Even conscious innocence has not always given me fortitude to bear with this injustice, unmoved.---Knowing the integrity of my own motives, and how zealously I have sought to discharge my duty to the public, my heart has often swollen with indignation, when I have, seen the indefatigable pains that have been taken, by repetitions of the foulest calumnies, to excite, and keep alive, prejudices against me. Your own knowledge, Gentlemen, of what has been passing in the world, will convince you, that this is not declamation; but I shall shew you, in the course of my defence, that men, from whose profession and whose rank it was not to be expected, have been parties in this injustice.

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At length, however, the time I have so anxiously desired has arrived, when my conduct must be tested by evidence, instead of the misrepresentations of my enemies. And I do eel a confidence, that when you have pronounced upon that evidence, I may ap peal to your judgment to refute the clamours which have been raised against me.

I cannot but think, Mr. President, that the charges against me are exhibited in a form, hitherto unprecedented in proceedings of this nature. It was not to be expected, that in a court where the accused, whatever may be his infirmities or incapacity to attend to his own defence, is not permitted to have the benefit of counsel, the charges would be envelop

ed in such a profusion of words, that it is difficult for one, not accustomed to the technical forms of pleadings in the civil courts, to understand them, and be so complicated by repetitions, that it is still more difficult to reduce them to any order or analysis.

It is extremely important, however, that the Court should ascertain, and always bear in mind, precisely of what I am accused. The course of proceeding, which has been adopted by the Court, renders this the more necessary, as testimony has been given, which certainly cannot be applied to any of the specifications. The Court have thought proper to admit it, with an intimation, that any further objection, which I might offer to its propriety or relevancy, when I arrived at this stage of my defence, would be considered. In submission to this decision of the Court, I have omitted to make objections on this ground in several instances.

I shall not attempt to offer an argument to the Court, to prove the injustice of making one charge against a person, and trying and convicting him on another. I did however understand from what passed, when I first submitted to the Court an objection of this nature, that an opinion was entertained by some of the members, that though the testimony might not apply to any specification, yet if the fact intended to be proved would come under either of the general charges, the testimony would be proper. If this were so, then there would be no use in the specifications. Indeed

they would be worse than useless, for they would only mislead the accused, and induce him to prepare against one accusation, when he might be tried on another. The impropriety of admitting any thing under the general charge, for which there is not a specification, I think will appear manifest. Let us suppose, that a general charge is made of unofficer-like conduct, and the only specification, insulting a superiour. Suppose that under this general charge and specification, testimony should be offered of absence without leave. This would also be unofficer-like conduct, and therefore would come under the general charge. But would it not be the height of injustice to try the accused for absenting himself; a crime of which the charges gave him no notice. I trust the Court will see the validity of the objection I am considering, and that they will be careful to give no weight to any part of the testimony, which does not apply to some one of the specifications.

I do not think it necessary to occupy the time of the Court with a recapitulation of the charges, nor shall I exhaust your patience by attempting, in my defence, to follow the volume on your table, through all its reiterations. It will be found, for the most part, to be a repetition of the same facts, displayed in the jargon of special pleading, with an incongruous dissemination of such opprobrious epithets, as fancy might furnish to heighten the imputation of guilt, I shall endeavour to arrange and consider the accusations in such order as will enable me to bring my de◄

fence into some compass, and to be the better understood-I shall particularly notice the charges, which the Judge Advocate, in his opening, mentioned as those which he expected would be substantiated, and I shall not omit to make my defence against every accusation, which there has been the least testimony to support.

The cardinal accusations, if I may be permitted so to express myself, are founded upon an alleged delay at Sandwich, the retreat from Canada, and the surrender at Detroit. If I can satisfy the Court that these acts were in themselves necessary, or justifiable, it will then remain for me to answer such of the accusations as relate to the manner in which these acts were done, and to answer also some charges not immediately connected with these transactions. This course will embrace the whole of my defence. this latter description, is the first specification, under the charge of treason, which relates to the vessel sent from the Miami, I shall therefore give this a separate consideration; and as it stands first and highest in the black catalogue of the crimes which are imputed to me, and is repeated in other specifications, I shall, in the first instance, ask the attention of the Court to this subject.

Of

I have already protested against the authority of this Court to decide upon this charge, because treason is a crime of which a court martial has no cognizance. Their power is confined to such military