"SIR: I think it my duty to lay before the Department that
on the arrival at Quebec of the American prisoners of war
surrendered at Queenstown they were mustered and examined by British
officers appointed to that duty, and every native-born of the United
Kingdom of Great-Britain and Ireland sequestered and sent on board a
ship of war then in the harbor. The vessel in a few days thereafter
sailed for England with these persons on board. Between fifteen and
twenty persons were thus taken from us, natives of Ireland, several
of whom were known by their platoon officers to be naturalized
citizens of the United States, and others to have been long
residents within the same. One in particular, whose name has escaped
me, besides having complied with all the conditions of our
naturalization laws, was represented by his officers to have left a
wife and five children, all of them born within the State of New
York.
"I distinctly understood, as well from the officers who came on
board the prison ship for the above purposes as from others with
whom I remonstrated on this subject, that it was the determination
of the British Government, as expressed through Sir George Prevost,
to punish every man whom it might subject to its power found in arms
against the British king contrary to his native allegiance. I have
the honor to be, sir,
"Your most obedient servant,
"WINFIELD SCOTT,
"_Lieutenant Colonel, Second U.S. Artillery_."
This report was forwarded by the Secretary of War to both houses of
Congress, and the immediate result was that Congress, on March 3,
1813, passed an act of retaliation. In May, 1813, at the battle of
Fort George, a number of prisoners were captured. Colonel Scott, being
then chief of staff, selected twenty-three to be confined and held as
hostages. He was careful, however, to entirely exclude Irishmen from
the number. Eventually the twenty-three men sent to England were
released, and Scott took great interest in securing their arrearages
of pay and patents for their land bounties.
The doctrine of perpetual allegiance had always been maintained by the
British Government, and examples were numerous of the arrest or
detention of prisoners claimed as British subjects. After this act of
Colonel Scott no other prisoners were set apart by the British to be
tried for treason.
These transactions gave rise to discussion of the question throughout
the country and in both houses of Congress. President Madison, and Mr.
Monroe as Secretary of State, took strong ground against the British
claim. While subsequent treaties were silent on the question, the
right is no longer asserted by Great Britain, and has been recognized
by treaty. Colonel Scott then returned to Washington.
CHAPTER II.
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