34 THE ROYAL SOCIETY OF CANADA 



therein less than six months, was also earmarked for the prosecution 

 of the war. Intelligence of the victory at the River Raisin was received 

 on the 8th of February and the Assembly promptly passed a vote of 

 thanks to Colonel Procter for his skill and gallantry on that occasion 

 and a second vote of thanks to the officers, non-commissioned officers 

 and privates of the line, marine, and militia engaged in the action. 



On a motion by Mr. Stuart that part of the Governor General's 

 speech relating to martial law was referred to a special committee, 

 which presented the following unsatisfactory report: — 



"Resolved that it is the opinion of this Committee that Martial 

 Law and the power of declaring and executing it are known in the laws 

 of this Province only in so far as they are recognized in the constitu- 

 tional or public law of England which has been introduced into this 

 Province. 



"Resolved that it is the opinion of this Committee that according 

 to the constitutional or public law of England making part of the laws 

 of this Province, Martial Law in the cases in which it may be lawfully 

 declared and executed in respect of His Majesty's subjects hath been 

 and is limited in its operations to military persons. 



"Resolved that it is the opinion of this Committee that all occasion 

 or pretence for recurring in this Province to Martial Law in the sense 

 in which it is understood in the constitutional or public law of England 

 hath been taken away by the act of Parliament of the United Kingdom 

 of Great Britain and Ireland, entitled 'an act for the punishment of 

 mutiny and desertion and for the better payment of the Army in their 

 quarters,' by the 'Rules and Articles for the better government of 

 His Majesty's Forces,' and by the Militia Laws of this Province 

 whereby the Executive Government has become and is vested with 

 all the powers necessary to provide for the safety of this Province in 

 the present conjuncture. 



"Resolved that it is the opinion of this Committee that the 

 limits and operation of Martial Law as above stated could not nor 

 cannot be legally enlarged in this Province without the authority of 

 the Provincial Parliament." 



The report of the Committee was eventually adopted by the 

 Assembly on a division by a vote of eighteen to fifteen on the 13th of 

 February. 



Rather alarming reports of the increased activity of the enemy 

 at Ogdensburg and the extensive preparations they appeared to be 

 making elsewhere for carrying winter operations against Upper 

 Canada, combined with the ill health of General Sheaffe which had 

 disabled him from transacting any business for several weeks and the 

 slow progress made in ship building at York, decided Prévost to under- 



