The militia, who had been allowed to go to their homes on account of the harvest, had been recalled. There was a question raised at this time as to the powers which General Brock had in his combined military and civil capacity. As civil governor he could convene general courts-martial for the trial of offenders belonging to the militia, and even inflict punishment by death; but in his military office he {226} could only convene the court. He thought he ought to have equal authority in both offices. He wrote from York on August 4th to Sir George Prevost, as follows: "I have the honour to enclose a statement made by me yesterday to His Majesty's executive council, which will fully apprize your Excellency of my situation. The council adjourned for deliberation, and I have no doubt will recommend the prorogation of the assembly and the proclamation of martial law, but doubts occurring in contemplation of such an event, I take the liberty to submit these questions to your Excellency, and request the aid of your experience and superior judgment. In the event of declaring martial law can I without the sign manual approve and carry into effect the sentence of a general court-martial? 2nd. Can I put upon a general court-martial, after martial law is proclaimed, any person not a commissioned officer in His Majesty's regular forces? In other words, can officers of the militia sit in conjunction with those of the line?" [Sidenote: Sir George Prevost] The answer to this was written on August 12th, and Sir George said: "As the martial law which you propose declaring is founded on the king's commission and upon the extreme case of invasion alluded to in it, I am inclined to think that whatever power is necessary for conveying the measure into effect must have been intended to be given you by your commission. The officers of the militia, becoming themselves subject to martial law, I {227} conceive they may sit upon courts-martial with officers of His Majesty's regular force, but upon both these points I desire not to be understood as speaking decisively."