ing to the Colonel's statement, could render only "a pitiful account of empty boxes." This state of things could not fail to produce explanations,-in the course of which, the secret came out, that $1,500 of the public money, had, by a short cut, got into the hands of Messieurs the sutlers, without passing as usual, through those of the soldiers; and, what was still worse, that they could not now be got back again. In this dilemma the paymaster's ingenuity did not forsake him;-he boldly presented himself to the Colonel, and whispered in his ear, that of the $1,500 that were deficient, $1,000 had been loaned on the authority of his (the Colonel's) letter, of the 13th of January, 1819, requesting him, to enable Nelson and Randolph to make good their purchase of the bill as already mentioned. This very unexpected communication induced the Colonel to pause; he thought it very improbable that Mr. Hogan, with all his readiness to oblige, would have loaned money, to any amount, on a mere suggestion, made so long beforehand and without renewal, on the part of the maker,-he thought it still more improbable, that he would have loaned $1,000, when but "a few hundreds" were solicited and promised; he thought it quite incredible, that doing either, he would have permitted a month to pass by, without saying a syllable about it, or that Nelson, when he paid the money, should not have intimated, that Hogan was the lender. These considerations satisfied King, that the paymaster's story was a falsehood, from beginning to end; but that he might leave no room for any other person to doubt on that head, he. sought and found Nelson, and ascertained from him, that-when Hogan gave him the money-he had remarked, "that now he could "buy the Colonel's bill," to which he (Nelson) had replied―“ no, "I will not buy, for I do not want it." Thus fortified, the Colonel went on to his object, and arrested Hogan, on several charges; one of which was, "the lending $1,500 of the public money to "Nelson and Randolph."

Of the official issue of this measure, we know nothing; but of its effects on the temper of the paymaster, we have abundant proofs. Shrewd, vindictive, and persevering, he set himself seriously to work, to retaliate the annoyance, the vexation and disgrace inflicted, or intended to be inflicted, upon him; and as all things, having the colour of guilt, (even those in which he had himself an agency,) suited his purposes equally well, he was not long in mustering and marching to Washington a formidable column of charges against his Colonel and Commander. Nor did his labours or adroitness stop here. He well knew that government, in the abstract, is a sly, slow thing, with circumspective eyes'-that its decisions are those rather of policy than of justice, and that from causes, both incidental and inherent, our own government is particularly liable to this infirmity. To meet, therefore, these signs

of the times,' the pay-master availed himself (as is said) first, of a little newspaper pressure; and again, of "the threats of two noisy members of Congress," whom he had contrived to enlist on his side of the question, and, with these auxiliaries, did actually obtain an order, thirteen months after the alleged offence, to bring to trial an officer virtually charged (among other peccadilloes) with whipping, cropping, drowning and shooting soldiers of his regiment, not only without the colour of law, but in direct violation of its provisions and injunctions!

a

The next step in the business, was the institution of the courtand here again, there is room for wonder. The law expressly provides, that "no general court martial shall consist of less than "thirteen members, where that number can be convened, without "manifest injury to the service:"-And again, that "no officer "shall be tried by others, inferior in rank to himself, if it can be "avoided." Yet, in the face of injunctions, so carefully interposed for the protection of the prisoner, and in a time of profound peace, when every grog-shop in the country could have furnished a member, the court was not only constituted of a number, less than thirteen, but, with the exception of the President, altogether of officers inferior to the prisoner in rank! Nor was this all-for, when the time for convening the court arrived, neither the President detailed, nor the officer authorized to supply his place, (should he be absent,) attended the sitting:-Yet the seven other members, without a shadow of authority, proceeded to organize a court ;to create a president; to arraign the prisoner; to administer oaths; to receive testimony, and, finally, to pass sentence on the accused! And (what can alone be considered more incredible) proceedings, thus illegal and irregular, were received, approved and enforced by the government!

The personal characters, of the major part of the court, accord/ing to Col. King's printed statement, were scarcely less extraordinary, than the other circumstances we have mentioned; and though assuredly, in the main, no laughing matter, can hardly fail to excite a smile in the gravest reader. Lieutenant-Colonel Lindsay, the President de facto-is represented, in point of intellect, as a shrewd, sensible fellow, who would not walk into a well at noon-day; and in point of morals, as one of that highly respectable fraternity known, of old, under the title of Laudoceniupon whose judgments and opinions, good viands and good liquors, had the most lively and lasting effect. What,' says Colonel King, will you, and every other honest man, think of the 'President of the Court, when I tell you, that (forgetful of the re"spect due his own character and the justice he owed the accused,

(a) General Bissel. (b) Colonel M‘Rea.

and insensible to that delicacy of sentiment and regard for decoram 'which prescribe, that the members of a court martial, while the 'trial is in progress, shall have as little intercourse as possible with 'the parties at issue) he left the quarters of Major Denkins, the 'commanding officer-where accommodations had been prepared 'for him—and went to room [or lodge] with my private accuser and the public prosecutor; with whom he continued to live, in 'habits of the closest intimacy, during the whole period of the 'trial.'

Lieutenant-Colonel Arbuckle, the next in order, is described by the Colonel as a different sort of animal-not to be caught by the throat or the teeth ;-but cool and calculating, and both able and willing to stifle either resentments or conscience, should they become troublesome or inconvenient. On his way from Fort Hawkins, he acknowledged an old grudge against the prisoner, and declared, that "so strong was this prejudice, that he would object to "himself as a member of the court.' 6 Yet,' says Colonel King, 6 instead of obeying this honourable impulse, he immediately on his arrival at Montpelier, although lame, hobbled over to my 'quarters to pay his respects to me; notwithstanding I was then in arrest and had no claim on his attention, either from my official situation, or our personal intimacy. Had this visit been one of C mere ceremony, should have thought the less of it; but he re'mained with me, from sunset until ten or eleven o'clock at night, ' and in a frank, old-soldier conversation, studiously sought to do 'away any suspicions I might have of his hostility.-How this 'gentleman could take his seat at my trial after having admitted 'his prejudice, can only be understood by viewing him as heir apparent to my commission, (which in fact he was,) and that his ob'ject in remaining on the court, was promotion.'

Major Fanning is represented by the Colonel as a loquacious egotist, who, unfortunately for himself and others, has been permitted to see Europe, and who is now only solicitous to discharge upon every man or woman he meets, that immense fund of anecdote, which a ramble of six months had enabled him to acquire. To win him, it was but necessary to listen with patience and, if possible, with approbation. The paymaster could do both-the colonel could do neither.

Major McIntosh (the last, though not the least in this roll of worthies, and whose vote actually decided the award of the court) was, according to the Colonel, rarely, if ever, in a condition to know whether he did right or wrong, and, 6 on one occasion, was so beastly drunk and so outrageously ungovernable, that they were obliged to tie him hand to foot, and throw him into a bunk 'to sober.'

6

After this brief and mortifying description of the majority of the

These divide

court, we hasten to examine their proceedings. themselves into sentences, or verdicts, of four different descriptions : those connected with alleged abuses in furloughing and discharg ing soldiers ;-those having relation to abuses of public money;those founded on denials of public justice, and certain corporeal punishments, to which soldiers of the 4th regiment were sentenced, in violation of law.

Under the first of these heads, the court convicts Colonel King of having furloughed Sergeant Gary, and of having employed him, during the period of his furlough, as the manager of a plantation ; of having also so furloughed and employed Sergeant Lotta; of having furloughed and discharged Sergeant Whitten, three months before the regular expiration of his enlistment; and, lastly, of having frequently given to the men of the 4th regiment, furloughs for several months immediately preceding the expiration of their respective terms of service; and of giving at the same time, discharges so dated, as to take effect when the aforesaid furloughs should expire.

Under the second head, (abuses of public money) the court convicts the prisoner, of having ordered the quarter-master to pay to Sergeant Childers, thirty dollars, for apprehending Neil Cameron, a deserter, whom he did not bring back to the regiment, but fusileed on the spot where he overtook him; of having requested the said quarter-master to pay to Nelson and Randolph at two different times 1500 dollars, on his private account; of having paid 1157 dollars extra, to the owners of the ship General Hand, for transporting his family, baggage and slaves, from Baltimore to Mobile; and, lastly, of having written, on the 14th of January, 1819, a note to Paymaster Hogan, inducing him to lend Nelson and Randolph 1000 dollars of the public money.

Under the third head, (denials of public justice) the prisoner is convicted of failing and refusing (although thereunto requested) to investigate the cause and manner of the death of Charles Mason, a private of the 4th regiment, who was drowned in the harbour of Pensacola, while undergoing a ducking, inflicted by order of Lieutenant Lear, and executed by Sergeant Stark-without the form or authority of a court martial;' ' of failing and refusing also to see justice done to Benjamin Tackwell; a soldier, who had honestly fulfilled all his public engagements, (excepting the service of a few days,) and who, in consideration thereof, had been regularly furloughed and discharged; but having, in some way unfortunately offended his High Mightiness, Lieutenant Lear, was by his order, pursued, caught, brought back, stripped, and whipped with

a The other members of the court--Majors Many, Bankhead, and Montgomery-are known to be highly reputable men.

fifty lashes, robbed of his discharge, and made to serve out the last moment of his enlistment.' And, lastly, of failing, refusing and neglecting to cause an immediate inquiry into the circumstances attending the death of Neil Cameron, a deserter from the 4th regiment, who was, in the most inhuman and cruel manner, put to death by Sergeant Childers; although said Cameron made no resistance, and begged to be taken back and tried for his offence, by a general court martial.'

Under the fourth and last head, (sentencing to certain corporeal punishments soldiers of the 4th regiment, contrary to law,) the court convicts the prisoner of approving the sentence of a regimental court martial, awarding to Corporal Roberts twenty-five lashes, and to Private Whiteley forty-five lashes, and ordering the same to be carried into effect, excepting so far as it related to Corporal Roberts; of sanctioning the proceedings of a general court martial, in the case of Private Newley, of the 4th regiment, who was found guilty of desertion, and sentenced to have his head shaved, his left ear cut from his head, to receive fifty lashes, and then to be drummed out of the service, and of enforcing said sentence, so far as related to the fifty lashes: Of approving the proceedings of a general court martial in the case of Henry Benner, found guilty of desertion, and sentenced to receive fifty lashes, and to be drummed out of the service, and of enforcing said sentence, so far as related to the lashes: and, lastly, of issuing, on or about the 1st of August, 1818, a verbal order to Lieutenant Sands, acting adjutant of the 4th regiment, then stationed at Pensacola, to select two confidential noncommissioned officers, and a suitable command for each, and to send them in pursuit of soldiers of the 4th regiment, who were reported as deserters; and, if taken within the limits of the province of West Florida, instantly to put them to death; and of continuing, and causing to be continued in force, the aforesaid verbal order, issued as aforesaid, both at the Barancas and Pensacola, during the whole period that those posts were occupied by the American troops.'

Colonel King's defence, against these several charges and findings of the court, may be reduced to the following statement:

1st. Having, in March, 1819, determined to establish myself in this (the Alabama) country, as a planter, I solicited General Gaines, then here, to discharge Sergeant Gary, for the express purpose of making him my manager. The General declined 'granting the discharge, but authorized me to give him a furlough 'till the 6th of August following, when his term of service expired. This was accordingly done, and though I immediately 'afterwards left the country, the sergeant was permitted to remain 'on my plantation, under the very eye of the Major Gene'ral and the Commandant of the regiment, until he was regularly

6