TRAITORS &
TREASON IN THE
WAR OF 1812
J
The WCA thanks the Ontario Trillium Foundation for their support of this
‘War of 1812’ Bicentennial commemorative project.
ust over one half of the 10,000 militiamen in Upper Canada were loyal to the British, with most
dissidents being of American origin. In July of 1812, ‘Brock’s Proclamation’ ordered any citizen
suspected of treason to be arrested. Those who refused to take the ‘oath of allegiance’
and would not take up arms in the war effort were considered enemies. In the Burford area
alone, over 100 settlers fled to the United States, while hundreds more from other regions
left Upper Canada.
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! As Lieutenant Governor of Upper Canada, Gordon
Drummond distinguished himself in the War of 1812,
and became the Governor-General and Administrator
of Canada in 1813. After the death of Sir Isaac Brock at
the Battle of Queenston Heights, successive LieutenantGovernors failed to make an impact in the war. However,
Gordon Drummond soon proved himself in Brock's
mould: aggressive and willing to take chances. In
December of 1813, he launched a surprise attack that
led to the capture of Fort Niagara. But while Brock was
capable of using different means to convince the
population to follow and idolize him, Drummond ruled
by intimidation. Traitors, or those vaguely suspected of
aiding the Americans in any way, could expect no mercy
from him. Execution for treason was commonplace, and
performed publicly.
Sir Gordon Drummond. Source: Painting by George T. Berthon (1806-1892)
" Disloyalty
– Times Two
Born in the Thirteen Colonies in 1764, Benajah Mallory
settled in Burford Township with his wife and father-inlaw in 1792. Mallory soon became a community leader
and a captain in the York militia, as well as emissary
to Sir Isaac Brock. Twelve
years later, he was elected
to the fourth Parliament of
Upper Canada representing
Norfolk, Oxford and
Middlesex. In 1812, along
with fellow assemblyman
and controversial publisher
Joseph Willcocks, he resisted
efforts by Brock to pass
legislation aimed at
preparing for war with the
United States. After Brock
dissolved parliament, Mallory
was soundly defeated in the
subsequent election. In
1813, he continued his treasonous actions by joining
Willcocks’s infamous company of Canadian Volunteers who
fought on the American side. When Willcocks died in battle
at Fort Erie the following year, Mallory was given command
of his unit. Eventually fleeing without his family to Lockport,
New York, Mallory was convicted of treason in absentia at the
Ancaster ‘Bloody Assize’ of 1814, and his lands were reverted
to the Crown.
# List of those accused of High Treason. Source: Archives of Ontario
" Burning Farm House. Source: Public Domain
! Sir Isaac Brock. Source: Portrait c. 1809 by W. Berczy (1744-1813)
# Most Unpleasant Consequences
After settling in Mount Pleasant in 1799-1800, Epaphras Lord Phelps married Esther Hill, a Mohawk lady. The land they occupied was
granted to him by Thayendanegea (Joseph Brant) in 1804, after the birth of their second son Hiram —thus the term “Hiram Phelps Tract”.
He became a friend of Joseph Brant and, by 1800, he was secretary; by 1807, Phelps was given the position of Power of Attorney on
behalf of Grand River Haudenosaunee business matters. He was also given the honouree name Onasqueskon
(“onas”, meaning quill/pen). Epaphras, the son of an American army officer, firmly believed that the annexation
of Canada by the more powerful United States was inevitable. When he continued to make his strong opinions
known that the Mohawks should remain neutral and not fight for either side in the war, Epaphras wisely accepted
help from the natives and fled across the border to save his neck. In doing so, he left his wife and all but one of his
seven children behind. These unsavoury actions led to a charge of High Treason that resulted in a protracted legal
battle over Mount Pleasant’s ‘Hiram Phelps Tract’ with the government. While a number of his Loyalist relatives
willingly took up arms alongside Canadians, Phelps never did fight against Canada. Later, Epaphras received
a commission from President Madison as Captain to the Quartermaster's Department in the American army.
Epaphras Lord Phelps. Source: Public Domain (provided by Linda Guest)
Today, annual re-enactment
events are popular on both
sides of the U.S.–Canada border.
Wally Stemberger / Shutterstock.com