268 ROYAL SOCIETY OF CANADA 
his absence in the west. He had already determined to prorogue 
the Legislature as soon as he returned, being greatly chagrined by the 
rejection of the bill to authorize him to suspend the Habeas Corpus 
‘Act, which had been lost in the House of Assembly by a majority of 
two votes.* 
On August 3rd he returned to York and presided at an emergency 
meeting of the Executive Council, which was attended by six members. 
Brock informed them, with considerable warmth and possibly some 
exaggeration, “that the Lower House of Assembly, instead of prompt 
exertions to strengthen his hands for the government of the militia, 
providing for security from internal treason by partial suspension of 
the Habeas Corpus Act, authorizing a partial exercise of martial law, 
concurrently with the ordinary course of justice, and placing at his 
disposal for the defence of the Province the funds not actually applied 
upon past appropriations, had consumed eight days in carrying a single 
measure of party —the repeal of the School Bill and passing an act 
for the public disclosure of treasonable practices before the magistrate 
should have power to commit without hail,” and “that the militia in a 
perfect state of insubordination had withdrawn from the ranks in active 
service, had refused to march when legally commanded, to reinforce a 
detachment of the regular force for the relief of Amherstburg, had 
insulted their officers, and some not immediately embodied had mani- 
fested in many instances a treasonable spirit of neutrality or disaffection. 
“That the Indians on the Grand River, tampered with by the 
disaffected whites, had withdrawn from their volunteer services and 
declared for a neutrality, which, in respect of them, was equally inad- 
missible, as with the King’s other subjects. 
“That in the Western and London several persons had negotiated 
with the enemy’s commander, hailing his arrival and pledging support.” 
In this situation he feared that little result could be expected 
from military operations against the invaders, “unless more powerful 
restraint could be imposed on the militia than the actual law admitted,” 
and he was invested with “power to restrain the general population 
from treasonable adherence with the enemy or neutrality by summary 
proceeding and punishment,” and requested their advice as to the expedi- 
ency of immediately proroguing the Legislature and proclaiming martial 
law. The Council adjourned until next day for deliberation. 
In a letter written that afternoon to Coionel Baynes, Brock em- 
phatically declared that the Assembly had refused to do anything that 
they were asked. 
1Brock to Prevost, 29th July. 
