er the same to Major Freeman, two days after your receipt of this."

This order I executed with as much accuracy as the time prescribed admitted. On the 7th, I received the following from Major Freeman. "I have to inform you that in obedience to the orders of Lieut. Col. Commandant Gaither, commanding officer of the Federal troops in Georgia, dated F. S. Tammany, on the 3d. instant, I do this day take upon myself the command of the troops in garrison at this post. The following is an extract from the aforesaid order. "It is my request that on your arrival at Colerain you should take upon yourself the command of the troops at that post." You will therefore direct, &c.

This order of the Lieut. Col. was inforced by his verbal order that, if I should refuse to give up the command, the Major should put me in irons! High sense of military privilege! From this, however, he was dissuaded by the argument of the Major; and of it I was never informed till since my trial.

I gave up the command agreeably to the above order; and on the 17th, received from the hand of the officer of the day, an arrest in the handwriting and signature of Colonel Gaither, containing the charges, which I beg leave to copy in their order in the following defence.

GENTLEMEN,

If I were capable of adulation, and believed you susceptible of the charm, I would not, on this occasion, put myself behind that shield of guilt; for I stand not here to solicit favors, but to demand justice. Your candor I believe will be measured by the latter, your resolution steeled against the former; and your understanding placed on the watchtower of truth, to direct your decision; at the same time that it will stamp correction upon any improper shades,

or colorings, which the interest I feel in that decision may induce me to cast upon the process.

Persuaded I am the court have already grown weary in the tedious investigation of the charges exhibited against me, and I could not a moment draw on your further patience, did I not consider it an obligation due to my own reputation.

Some observations on the evidence before you, applied to the charges, shall introduce my defence.

1st. I am charged with "Speculating on my men with nankeens at sundry times; and other things."

I believe you will find that I never but in one instance had any dealings with the men of my company in nankeens; that I did, by unanimous and voluntary agreement of the company, furnish them with a uniform of nankeen short coats; that they agreed to receive them at any price short of two dollars and fifty cents; and that, on settlement, two dollars only were charged for each coat. The best evidence of which the nature of the case would admit, has undoubtedly been produced on the part of the United States in substantiation of this charge; yet on a calculation which the court will make, rests the question, whether in this article I have intended to profit by the provision made my company. Nothing has appeared to show that the price was unreasonable. Sallyer, a foreman of the taylors, has sworn, that just such coats in Philadelphia, would cost three dollars, or at least two dollars and three quarters. At the lowest rate then, the men save seventy five cents by my speculation. The factor, Mr. Price, it appears, did sell one piece of nankeen to Captain Nickols at one dollar and twenty five cents, and said it was the price he gave in Philadelphia. This may be true. But was the Factor, Mr. Price, on oath when he made this declaration? Will this court admit the cursory observation of a man out of court, and not on oath, to be a criterion to determine the price current of nankeens in Philadelphia, even

when no respect is had to the time of purchase? On no principle can evidence of this sort be admitted!

It appears from the testimony of witnesses that the few pieces which Mr. Price disposed of here, this one piece excepted, were sold at one and an half dollar-These were brought out in the same vessel of the United States with those in question, and sold by a man in the service and pay of government-undoubtly he would not speculate on them. Nankeens have at St. Mary's, all this season, I believe, been sold at one dollar and seventy five cents. Doctor Gillasspy has informed the court that he was asked one dollar and fifty cents for nankeens in the city of New York. It is well known that goods of this kind are cheaper in that metropolis than in Philadelphia-At an early period I informed the court that those nankeens were procured for me by a merchant taylor in Philadelphia. I did not take a bill; nor do I recollect the exact price I gave, but believe it was about one dollar and an half. In addition to the making, binding and other trimming, which were brought into calculation, ought to be reckoned the subsistence which the taylors daily had in my family extra to their rations. I acknowledge it is not in my power to make an exact calculation to a fraction; but from an estimate which was made by Mr. M'Call the paymaster, and myself, it was concluded that two dollars was a reasonable price to fix to the coats. had been previously informed by the taylors of the price they gave for the binding and other trimmings, as testified by Sallyer, and made my calculations accordingly. The general satisfaction of the men evince that they feel no injury; and it is demonstrated that the measure of receiving them and paying for them was not compulsory. The climate and season of the year, were my reasons for recommending the uniform. I had previously consulted the Lieut. Col. Commandant, and informed him of the price, about two and an half or two dollars; he approved the plan. If justice is done me a more favorable

I

construction will be applied to my conduct in this affair, and it will be found that humanity rather than avarice actuated my proceeding. I do candidly believe if every thing which ought were brought into the calculation, I have not saved my expences. Sure I am it would require a microscopic eye to count my profit. No evidence appears, even presumptive, to substantiate this charge; if conjecture should be hazzarded on the question, it will go in favor of the defence, for such are the maxims of law and individual right.

The other things," mentioned in the charge, it seems, must have intended a partnership with a citizen in settling with the troops. That I sold Mr. Hampton eighty pieces of nankeen, bought at vendue, at a profit of 25 per cent, is true; but that I was interested directly, or indirectly in the profit he should make in retailing them, or that I had the most distant idea of any of the troops purchasing them, is not true. His inducement to buy, he told me, was to supply the country people who would attend the treaty. The troops at that time had no money, and no immediate probability of any being paid them. It is well known that their pay was eight months in arrear before they received it for the months of November and December, 1795, and that no order for muster for those months was given until the tenth of June of the current year.

This circumstance, in addition to the wretched quality of the rice, substituted for bread, rendered the situation of the troops extremely disagreeable. I gave my company a permit to trade with Mr. Hampton. Their necessities produced this. Their distresses gave them a plea to that indulgence. Humanity acknowledged the claim they had upon my duty to comply with their repeated solicitations. This I did under such restrictions as I have shown the court. Sugar and molasses were articles they most wanted to qualify their bad rice. They were under no obligation to take any thing: but were at

liberty to take little or more value short of four dollars, or one months pay; and if they purchased nankeens I had no more interest in it than if they had purchased amours.

Was it speculation on my men to sell to a citizen the nankeens I had no use for, at a moderate profit? It is a novel and hard case, if a man because he wears a particolored coat, may not be allowed, in his dealings with citizens, the common privileges of a citizen! Were either of us disposed to sell our riding horse, should we feel ourselves confined to our bill of sale for the minute price to fix upon? I fancy not! The evidence produced to show my copartnership with Mr. Hampton is so diametrically opposite to the object, that I think no comment need be expended upon it.

I do not believe, gentlemen, that you will find I have "speculated on my men in nankeens at sundry times; and other things-"

I am charged 2dly of" detaining in my hands the bounty money due my soldiers, which I received in Philadelphia, and paying them off in small goods at an advanced price."

It is an unpleasant thing to awaken misfortune, by commenting on its ills-It is enough that reflection will sometimes point to it, in spite of reason and philosophy. I leave the first article of this charge to such disquisition, gentlemen, as you shall think proper to make only observing that the cause of the second necessarily grew out of the event which produced the first; and hope that this may be admitted as a necessary and sufficient plea in justification of the mode I adopted for payment of the arrearage of bounty to part of the men of my company.

The court have seen the specific account of the articles, and on estimate of the prices as I supposed they were to be charged to me, and as they were in fact delivered to the men.

I believe you can have no doubts but that I received the goods with an expectation of paying for them