In 1779 his father, William Birney, was killed at the battle of Lackawack, New York, in suppressing an Indian uprising, and upon their bereavement his mother, with his sister, a child in arms, and himself a child two years old, made her way through the forest, sixty miles, to New York City. In the year 1783 or 1784 he was baptized in Trinity Church, New York City. When the British evacuated New York, Captain Birney, with his family and friends, went with the British to where now is situated St. John, New Brunswick, and resided there until 1801, when he came to Upper Canada, and settled where Hamilton is to-day. While in New Brunswick he taught the Duke of Kent to skate, both of them often practising together on St. John's River. In Upper Canada Captain Birney entered into the military life of the time. He was over six feet in height, powerfully built, and was well fitted for the stirring life then before him. In 1812 he was Ensign in Captain Hatt's company, which accompanied Sir Isaac Brock to Detroit, and his commission as Ensign, signed by Sir Isaac Brock, is now in possession of his son, John L. Birney, of Toronto. Captain Birney was present when General Brock first met Tecumseh, and he often related how the General was impressed with the wonderful personality of the great chief. As Lieutenant he served in Captain Durand's company of 5th Lincoln Militia at the Battle of Queenston Heights. He was attached to Brock's staff as a special aide, to supervise the laying of the batteries. Shortly before the Canadians were driven from the heights, General Brock found that in firing at the Americans who were coming across the river the bullets were flying short, and he gave the order to Colonel Williams to cease firing, but Colonel Williams, mistaking the order to mean "retire," began to retire by Niagara. Sir Isaac remarked, "That's effective," but Captain Birney, noticing Colonel Williams' movement, remarked, "But, General, you did not mean to retire!" "By no means," answered Sir Isaac. "Oh, for one to bring them back!" "May I go?" offered Birney. "By all means go, Birney," ordered the General, whereupon Captain Birney ran down the steep slope of the heights as fast as he could. On the way down he noticed the mullein stalks being cut off, and stepping on a slippery spot he fell violently on the broad of his back.