CRUIKSHANK| A STUDY OF DISAFFECTION IN UPPER CANADA 37 
stronger than can be warranted by the common operations of the law 
and they will excite the gratitude of all the loyal.’’? 
A handbill published by authority from the office of the Kingston 
Gazette under date of August 9, 1813, after describing the descent of the 
American squadron upon York, remarked :— 
“We are sorry to be obliged to observe that there is too much 
reason to believe that the enemy was furnished with exact information 
respecting the movements of our troops and the state of York and the 
position at Burlington Heights from traitors amongst ourselves; from 
men too who are holding public situations in the country, and whose 
names we trust when correctly known, will lead to their conviction and 
punishment, and hold them up to the just detestation of every loyal 
subject of His Majesty.” 
Major-General de Rottenburg stated his opinion that martial law 
would be the most “efficacious preventative” and added that if he 
could obtain sufficient evidence against Mr. Peters, an ensign on half 
pay, he would try him by a general court martial.? 
In consequence of the representations contained in the report of the 
Committee of the Executive Council a small detachment of regular 
troops was stationed at York and the construction of blockhouses for 
the protection of the place was commenced. The officer commanding 
this force was directed to consult the acting attorney general before 
making any arrests of suspected persons but that acute lawyer felt 
constrained to inform him that he could afford no official assistance 
“as the measures contemplated were not of a nature to admit of legal 
interference,” but he would gladly furnish any information in his 
possession and put him in the way to obtain more. 
At the same time he took care to inform General de Rottenburg 
that “by a participation with other members of the community in a 
measure which self-preservation demands, I am not giving any official 
direction to a step which considered in the abstract is illegal and nothing 
but the extreme necessity of the case could warrant. If called upon on 
the contrary, I am obliged to acknowledge its illegality and to say as I 
do now that measures of the nature contemplated must rest entirely 
upon the responsibility of Your Honor’s military command. I can 
neither officially advise nor share in anything repugnant to the strictest 
letter of the law. 
“Still, however, in a private communication which I wish this to 
be considered, I have no objections (if Your Honor will allow me the 
liberty), to give my opinion merely as a member of society as to what 
under present circumstances is expedient. The country must not be 
1 Strachan to de Rottenburg, August 14, 1813. Can. Arch. C 688, C p. 102. 
2 De Rottenburg to Brenton, August 11, 1813. Can. Arch. C 679, pp. 416-7. 

