MEMORIAL

To His Excellency Lieutenant General Sir George Prevost,
Governour in Chief, Commander of the Forces, &c. &c. &c.

The Memorial of Benoit Bender, Lieutenant in His Majesty's Forty-First Regiment of Foot.

May it Please your Excellency,

YOUR Memorialist is sorry to find himself under the necessity of troubling your Excellency with the present application: The hardship of his case will, he humbly presumes, operate as a sufficient excuse for intruding himself on your Excellency's notice. He begs leave to be permitted to lay before your Excellency a simple statement of facts which he will endeavour to make as succinct as possible.
Your Memorialist, one of His Majesty's Canadian Subjects, has had the honour of being for more than six years an officer in the said regiment. He has served as such during the campaigns in the

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Upper Country, and has shared in almost every engagement with the enemy. It is not enough for your Memorialist to state, that before the existence of the grievances herein after complained of, his character as a soldier , had ever been free even from the breath of suspicion: He flatters himself that he can shew, whenever the long wished for opportunity shall be afforded him, that he had always enjoyed the confidence and esteem of his superiours and brother officers.

Shortly after the affair at Rivière aux Raisins, in January 1813, some reports injurious to the honour of your Memorialist, were said to have proceeded from Captain Mockler, Royal Newfoundland Regiment. These reports were immediately traced to their supposed source, by your Memorialist, in presence of Assistant Surgeon Falkener, of the 41st Regiment, and most clearly disavowed by their reputed author, who, not satisfied with asserting their falsehood, gave your Memorialist a positive proof of his esteem, by recommending him for the situation of Fort Adjutant of Amherstburg, then commanded by the said Captain Mockler. This situation your Memorialist continued to hold, to the satisfaction of Captain Mockler, until July following, when he was removed from thence to the Engineer Department, by order of Major General Proctor. In this latter capacity as attached to the

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said department, it is fortunate for your Memorialist that his conduct came directly under the eye of the Major General, and he rests with conscious security upon the Major General's knowledge of his character. That character was, however, again assailed by the reports above alluded to; this time they reached the Major General, through other channels, and he ordered the senior officer of the 41st Regiment, to obtain in writing from the said Captain Mockler, a statement of what he, Captain Mockler, knew or heard concerning you Memorialist, but the said reports were a second time as positively disavowed by Captain Mockler, as they had been by him in the first instance, and he made your Memorialist an apology for the same, in presence of Assistant Surgeon Falkener, then of the 41st Regiment.

Your Memorialist now thought himself secure from any further attempt against his character; the proper authority had interfered, a shadow of complaint had not been found to exist against him, and he had reason to believe himself sheltered from any further calumny. In the mean while Captain Chambers of the 41st Regiment, your Memorialist's present accuser, came in the beginning of March 1813, to Amherstburg where your Memorialist then was, and lived upon terms of friendship with your Memorialist until the 5th of May follow-

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ing. The said Captain Chambers and your Memorialist, were together at the affair which took place on that day at the Miami River. A dispute occurred there between a relation of your Memorialist and Captain Chambers, with the particulars of which your Memorialist will not trouble your excellency; but it is very easy for him to trace to this source the enmity of the latter.

After the engagement at Sandusky, in August 1813, at which your Memorialist was present, as was also Captain Chambers, your Memorialist again found himself quartered with Captain Chambers at Amherstburg, and continued there for the space of six weeks, doing duty and associating with Captain Chambers and his brother officers.

Your Memorialist begs leave to mention, that Captain Mockler and Lieutenant Hayles of the 41st Regiment, were there also during the said period, a good understanding appeared to exist between Captain Chambers and your Memorialist; but he has since learned from high authority, that Captain Chambers had then secretly accused him of one of the highest crimes of which an officer could be guilty, and refused at the same time, to prefer any charges against him.

Employed on a different service, your Memorialist separated from Captain Chambers in September, and did not meet with him again, until the

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11th May, 18161, at York, where, the 41st Regiment then was, under the command of Major Friend; your Memorialist and Captain Chambers dined together on that day at the Mess of the Regiment. After Memorialist had withdrawn, Captain Chambers traduced his character, by a repetition of the former accusations, and that evening Major Friend signified to Memorialist that, in consequence of the statement brought against him by Captain Chambers, he would be no longer allowed to meet his brother officers at the same table. In vain did your Memorialist expostulate; he solicited in vain an opportunity to vindicate his character; he was condemned unheard. From that moment, he has remained an outcast from his Regiment; virtually and in effect suspended from duty, though never placed under an arrest; considered a burthen to his corps, and by those who knew not his innocence, a disgrace to his profession.

After being thus expelled the Mess upon the bare statement of Captain Chambers, your Memorialist solicited and obtained from Major Friend a copy of what had been said at the Mess against him by Captain Chambers, which he has now the honour of submitting to your Excellency.*


* The statement here alluded to, is as follows:
"Shortly after I arrived at Amherstburg, in March, 1813, I was told that Captain Mockler, of the Royal Newfoundland Regiment, had [remainder of footnote on page 10] asserted, that he found Lieutenant Bender, 41st Regiment, hid behind a dead horse, in the action fought between our troops and the Americans at the River Raisin, 21st January, 1813.

"I called upon Captain Tallon, commanding the detachment at Amherstburg, and mentioned the circumstance to him; he informed me he had also heard it and had reported it to Brigadier General Proctor, but that no notice had been taken of it.

"On the 2d August at the unsuccessful attempt to storm Sandusky, I was sent by Lieutenant Colonel Warburton to bring up some men (of the right wing) from the rear. On my return, I saw Lieutenant Bender, lying under a log alone! I obliged him to accompany me to where Lieutenant Colonel Warburton was. After our return to Amherstburg, I officially reported the above circumstance to Major General Proctor."

(signed) P.L. Chambers
Captain, 41st Regiment.
A true copy.

W. Smith
Adjutant, 41st Regiment.

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