agreeably to that estimate. It was a fortunate circumstance, however, that long before my bills were presented for payment I obtained a copy of the charges as entered in the factor's ledger. On making a further calculation, (for the entries were not as I expected,) I found a balance of twenty one cents and a fraction of a cent due the men, who had taken the articles mentioned in the bill produced to the court. I did immediately inform the men of this balance, and said it should be paid. On procuring their cap trimmings, some of them were informed that the amount of the balance of the bounty should go in offset to this charge, so far as it would cover it: but no settlement has been made with the company on this account. A considerable number of the men were paid cash which I borrowed, for the arrearage of their bounty. These had no balance due. I informed them that I had expectations of money being allowed for straw due them and that their trimmings should be deducted from this sum, if it should be allowed. Here it should be observed that the sum was estimated at the price stated in the bill, because it was to be returned. I think it appears from the testimony of sundry witnesses, that the same liquor, which stands charged to me in the entries, at one dollar and thirty four cents, was afterwards retailed to the soldiers of this garrison, for two dollars per gallon. Whether this is a speculation upon the soldiery of which the United States, or their factor, reap the benefit, or whether the accounts of the factory are rendered from the entries or from the actual sales, are questions which may form matter for future enquiry. The white thread has not been brought into the account, not being charged in the factor's book, although it appears from the testimony of the men that they did receive it. The men were This mode of payment was the best, and indeed the only one I could hit upon. volunteers in accepting it, and, I believe, were perfectly satisfied before I reported a balance. Many of them have been before the court, and all acknowledge their entire satisfaction, except Mr. Mickin, who imagines he did not receive his full quantity of some of the sargeants. He may have forgotten: he is capable of it. Had I not paid the bounty I should undoubtedly have been involved; perhaps not more seriously than I am from the steps I have taken to avoid it. If my object had been speculation, or profit, is it probable I would have informed my men of a balance when I knew them satisfied, and had no reason to expect that an enquiry would ever be had in the premises? Instead of profit I have submitted to a loss of twelve dollars from the deficiencies of the contents of the cash which I borrowed. Of this I believe the court will be satisfied, and, after mature deliberation on the evidence adduced in this charge, will find my conduct justifiable. I am charged 3dly, of "Selling public corn; and allowing the public horses only two quarts per day." The necessity of procuring this substitute for bread, the manner of its being brought to the garrison, on the backs of the men, in rainy weather, and the condition it was in, when stored, have been clearly shewed to the court. That it was in a perishable condition when I proposed to the Commandant this method of saving the property, is likewise demonstrated. Had I silently suffered it to spoil, and it had been concluded the property of the United States, I should have been subject to arrest and trial in the fifth article of the twelfth section of the rules and articles of war. This dilemma put me on projects to secure it. Shifting and sunning had little effect, and the probability was, that it would spoil on my hands. I therefore concluded that it would be prudence to dispose of as much of it as possible to the citizens in this vicinity, who were much distressed for bread. By the concession I made to the court of having sold public corn, it should not be understood knowing it to be the property of the United States, nor without authority; thus I explained myself to the court the next day. I was at loss whether to consider myself accounta ble to the United States, or to an individual State, or whether in my official or private capacity. Thus I frequently expressed my doubts to gentlemen; and until the testimony of Capt. Randolph was heard, which produced certain papers from the late contractor's agent, William Johnson, I was induced to believe the corn the property of the State of Georgia. This, however, I know did not exonerate me from accountability, but embarrassed me in the mode of settlement; leaving me altogether uninformed whether to charge or credit the United States. Had my views been fraudulent or speculative, is it probable I would have consulted the Lieut. Col. Commandant on the subject? Or that I would have transacted the business through an acting quartermaster in an open and conspicuous manner? And had the Lieut. Col. Commandant not thought the measure economical, is it probable he would have sanctioned it by his approbation? Had my motive been individual interest, is it probable I could have borrowed corn on my own credit to replace the damaged corn disposed of, and to furnish the horses, entitled to forage, with corn of a better quality? Only twenty five bushels were reported to me sold, until the commencement of this trial. For twenty one bushels of this I received two beeves, a cow and a two year old. These were sold to the contractor and issued to the troops. They neated twenty three or four dollars. This sum I received to pay for or replace the corn sold. For four bushels sold before the corn became materially damaged, I received six dollars; amounting in all to about thirty dollars. I have paid for nineteen bushels of corn borrowed at D.1 25 cents. Sixteen bushels of this have been issued to the public horses, and three to the paymaster's. On settling with Doctor Gillasspy and the paymaster for a month's forage, six bushels appeared due them; this deficiency I paid up at the same price. My account of profit on the sale of corn stands thus-25 bush. sold Dol. 30 25 do. replaced 31 25 The sales for which Ensign Thompson is accountable are six bushels; and for this he will account on demand. The residue of the hundred bushels has been issued, some part to the troops, the rest to public horses. I have always been solicitous to be instructed in a proper mode of settlement, and on all occasions have spoken openly on the facts. My conduct was authorized by proper authority; and why this article should appear as a charge can only be solved into the forgetfulness of infirm old age. That I ever limited the public horses to any quantity short of four quarts is not true. I believe the court will justify my conduct in this affair. I am charged 4thly, with "Disobedience of orders.". This alludes to the order of the Commandant of 24th of May last, relative to the exchange of certain men. I did not at that time charge myself with the police of the company; but did, however, consult and advise with the commanding officer on the construction to be applied to the order, and concluded that the word exchange could not extend to the men who joined me by transfer. To this conclusion I was persuaded by an observation of the Command.ant that he meant the men who came out with me from Philadelphia, should remain in my company, and his general direction that Captain Tinsley's company and mine should be kept full. This construction was also supported by the order of the tenth of June relative to the master of the troops. Had we construed the order more extensively, and returned the men who had been transferred, should not I have been subject to arrest for having exceeded the literal construction of the order? A particular object in the order did not appear to me to be matter of inquiry. If there were a particular object, as has been insinuated, and my construction did not embrace that object, how easily might an explanation been given by another order or otherwise! Sure I am, the necessary correction would have been made; for the execution of the order was left to a gentleman whose promptitude in duty has never been questioned. Mr. M'Call has informed the court that the order was obeyed on its literal construction. I declare I never heard any uneasiness on the subject until it discovered itself in the shape before you. If the court should find any other construction in the term exchanged than what we applied, I hope they will nevertheless do me the justice to believe that the one given was such as my own undersanding suggested, and this by the consultation of the of ficers of my company; and will acquit me. I am charged 5thly, of" Liberating from confinement Corporal Billings, who was charged by a jury of inquest with having been the death of Joshua Haverlones, a private in Captain Dickinson's compa ny, from the violence of the blows, he had inflicted on him; and, tearing to pieces the charge in a disrespectful contemptuous manner. Corporal Billings has not been a moment released from confinement since the evening on which the cause originated. He remained confined on a charge given by a commissioned officer, until the mittimus of the civil magistrate was put into my hands, and his permission obtained for the removal of the prisoner. Thus stands the evidence. In justification of the removal, I have produced to the court the tes timony of the magistrate, as also his written certificate, in demonstration of the orders he gave me. The causes of the removal were these. The alarm which possessed the prisoner, in consequence of the mode of his confinement and the imprudent observations which obtained, that he would undoubtedly be |