Philadelphia, Baltimore, and Annapolis, were given him to choose from; but disliking all restraint upon his locomotive faculties, he succeeded in persuading the President, not only to dispense with the order which had been given, but even with the injunctions, on that head, of the rules and articles of war. The use made of this liberty, (as might have been expected,) was not less reprehensible than the liberty itself. Under pretence that Washington was his domicil, he made his way thither, and began an attack through the medium of the government paper, upon the War Department; and, as appears by his own acknowledgment since, was even permitted to open a secret negociation with the Department of Siate, for a suspension of his arrestation, and a temporary command of the District !b

9. That when at last he was brought before a competent tri'bunal, similar means were employed to screen the pimps and ' parasites who had informed against him ;-that though repeatedly called for by name and required by the Court to attend, pre'tences of other services were raised to prevent their compliance, and consequently to cover their delinquency; and lastly, that 'after having been tried for neglect of duty; for ungentlemanly and unofficer-like conduct, and even for the vile and vulgar 'crime of drunkenness, though honourably acquitted of these and 'all other charges, he had, in his old age, been inhumanly dis'carded from military service, to make room for men, destitute alike of private morals and public qualifications.'

Our readers, like ourselves, must by this time have discovered, that the complaints of the General are deep, dolorous and abusive, exactly in proportion as his sufferings have been few and light, and the conduct of his supposed adversaries indulgent or indifferent. In the present case, so far from sustaining either hardship or injustice, he enjoyed a perpetual triumph, from the day of his arrestation to that of his acquittal;-not merely over rivals or enemies, but over usages, principles, and laws. This fact has so many different bearings, and is in itself so important in settling our opinions of the conduct of the government, as well as of the General, that we must adopt the rule of the Stagyrite, and "begin with the beginning."

We have seen, that when, conformably to the General's own repeated and pressing demand, an investigation was ordered and a Court of Inquiry instituted, (the members not being exactly to his taste,) he declined their authority, and demanded a Court Martial; and again that when this Court Martial was granted, he was not a whit better satisfied than before; and absolutely refused to be tried, unless "all the members composing the Court were General

a Article 77th.

b See the General's account of the Bladensburgh races.

a

Officers." This claim, at no time supported either by law or by usage, was, at that time, utterly impracticable-as the campaign was on the point of opening, and required, at different military posts, the presence of every officer of that grade. Still the objection was sustained;-the Court was dissolved, and the trial (as suggested by himself) "deferred to a more convenient season. Amidst all these indulgences, the General had obtained also a dispensation, from the restrictions imposed by the rules and articles of war, in relation to residence, and might, under the latitude given, have made a trip to Botany Bay or the Cape of Good Hope; but the theatre he sought was of a different kind, and less distant;--it was the city of Washington--the seat of the National Government! He had known, by experience, the value of this position, and how readily and efficiently corruption lends itself to the protection of guilt. "It is here," he said, "that I can be first and best informed of all the movements against me: it is here, that I can most readily command the means necessary to counteract them; it is here, that my cry of persecution will be soonest heard, and that the personal motives on the part of the Secretary, to which I mean to ascribe my arrest, will be most distinctly felt and understood. I am not unacquainted with the avenues to the Palace, nor the divisions of the Cabinet; nor am I ignorant of the means by which either may be turned to my personal account. Self-preservation is the first and great law of politics, as well as of nature, and to save the house that Tom built, is now at Washington a matter of more interest, than the conquest of Canada or the general success of the war." In such mysterious language the General delighted and excelled, and nothing could be better adapted to his purposes: it awakened the malignity of some, it excited the fears and disquietudes of others, and by artfully appearing to conceal more than it told, it roused the curiosity of all. The overture was accordingly patiently heard and promptly accepted, and the General substantially assured of eventual impunity. But a mere escape from punishment did not satisfy the exigencies of the case; a soldier's honour, like that of Cæsar's wife, must be not only unstained but unsuspected; and to this end, a legal as well as ministerial acquittal was necessary. But the means of effecting this?-Were they equally safe and obvious? Could a high-minded military court be brought to connive at a compromise, which secured impunity to guilt, and converted themselves into a band of political jugglers? Impossible.--But if the testimony necessary to convict the criminal be withheld? "Eh

a See his letter to the Secretary of War, from the south end of Lake George, dated on the 24th of April, 1814.

b This is a paraphrase of the General's coining, and means, what (in the political gibberish of the day) is more generally called the Virginia Dynasty. Of this speech, we have another version at page 2. Vol. III. of the Memoirs. VOL. I.

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bien," says the casuist :-" that indeed alters the case: the consequence is clear-the Court must acquit." With these remarks, (which are yet but gratuitous,) the reader will be able to thread the labyrinth we are about to enter.

The order of the war department instituting the Court Martial, directed it to assemble in the village of Utica, on the 3d day of January, 1815. A second order authorized its adjournment from Utica to Troy, where it was organized on the 16th of January.

The first act of the court, after organization, was to read a warrant from the war department, (then under Mr. Monroe's direction,) authorizing Martin Van Beuren, Esq. to appear as Special Judge Advocate of the court, &c. But to this appointment the prisoner objected, on the ground that it was not provided for either by the law, or by the constitution; and that the Judge Advocate of the district, being recognised by both, was alone competent to the duty. It was in vain, that this district judge (Mr. Bancker) justified the appointment by authorities derived from Tytler; by the case of General Hull; by the ordinary practice of the navy, and by that of the Criminal Courts of the United States-in which, though the Attorney General was the only prosecutor known to the statute, still it was the established usage to employ counsel, in all important cases. After due deliberation, (it is to be presumed,) the court decided, "that Martin Van Beuren, Esq. could not be "recognised as Special Judge Advocate, on the present trial." This extraordinary decision called for another speech from Mr. Bancker, and in his own opinionb for a dereliction also of the court and the cause; but, as it was soon seen, that this would be carrying the joke too far, he was, without much difficulty, prevailed upon to conform to another opinion of the court, viz: that "he should proceed with the trial."

17th Jan. The prisoner was on this day arraigned, but the witnesses for the prosecution not attending, the court adjourned to the 18th.

18th Jan. The material witnesses not being yet present, the court adjourned to the 19th.

19th Jan. The court adjourned till the 20th.

a The accounting offices at Washington determined this question differently: they decided that quoad the fee, the appointment was good, and accordingly authorized Mr. Van Beuren to receive $1500 out of 2000 which he had modestly asked for the trouble and expense "of heating the poker." What in this case, however, is scarcely less extraordinary, is—that if Mr. Monroe really meant to avail the public of the talents and knowledge of Mr. Van Beuren, no step should have been taken to accomplish the object. Why not direct the General commanding the district, to withdraw Bancker and appoint Van Beuren? or, why not direct Bancker to withdraw himself, and then deputize Van Beuren? In either case, the professed object of the government would have been attained, and their sincerity in pursuing it, vindicated. As the business was managed, the prisoner triumphed at once over the arrangements of the government, and the arguments of the judges!

b See page 16, Vol. III. of the Memoirs.

20th Jan. The Judge Advocate stated the continued absence of the most material witnesses, and assigned his reasons for not proceeding to trial.

This was an occasion on which to display either the confidence of innocence, or the impudence of guilt. An honest and oppressed man, anxious to re-establish his credit with the public, would naturally become impatient under any vexatious or unnecessary delay; -while another, of very different character, with a virtual pardon in his pocket, might affect the same degree of uneasiness-declaim loudly and long against the horrors of hope deferred and the cruelty of procrastination ;-deplore the absence of witnesses;insinuate that his accuser had way-laid and confined them; entreat the court to make bare the arm of justice, and bring to light "the "agents, the spies, the vile assassins, who by their misrepresentations, "falsehoods, and treachery, had effected his removal from com"mand ;" and lastly, particularize certain individuals, (most in the secret of his own delinquency,) and demand, that "they should be immediately dragged to the bar of the court." Such was nearly the course pursued by the general; but the feu d'artifice produced only stage effect; the court coerced the attendance of no one; the government exempted General Scott, by name; General Swift exempted himself;a and the Judge Advocate, not to be behindhand in this career of indulgence, declined employing the testimony of Major Birdsall. It is, however, only by seeing what this testimony would have been, (had it been given,) that we can justly estimate either the condescension of the judge or the obligation of the General. We accordingly submit it, in the form of a certificate, given by the Major, a few days before his death.

a Yet were these the principal witnesses in the case. The former informed against General W., indirectly, and through the medium of a high judicial officer of the state of New-York; the latter communicated directly with the Secretary, and in characterizing the General's conduct at Thorp's house, declared it "to have been worse than Judge Ford had described it." Swift's name was inserted among those of the officers ordered by the war department to attend the court--but, like Glendower's ghosts, the General would not come, though he was called!-Was it the effect of an arrangement between the government and the witness, or between the witness and the prisoner ?

b The offer of Major Birdsall's testimony was made through his uncle, the Hon. Mr. Birdsall, then a member of Congress.

(Since the above was written and in type, the Editor has received from Mr. Bancker, (the late Judge Advocate,) the following explanation of this circumstance, and of that alluded to in the latter part of the last page:-1st. "That a subpoena was written for Major Birdsall to attend the court, as soon as it was known to the Judge Advocate that his testimony would be of importance: the subpoena was given to his Uncle, who said he would deliver it." Mr. Bancker adds, "that he, in no case, had an agency in excusing the attendance of a material witness." 2d. "That when the Government learnt that the progress of the trial was delayed by the Judge Advocate, on account of the absence of material witnesses, a peremptory order was despatched to him, by the then Secretary of War, requiring him to proceed, at all events, with the trial,-alleging that so many General Officers could not be spared from the service.")

"On or about the 6th of November, 1813, (the night the Ame"rican troops passed Ogdensburgh and Prescott,) having received "orders to muffle the oars, and leave men enough barely sufficient "to manage the boats, we marched the remainder by land below "Ogdensburgh. When we arrived, as we thought, near the place "where we were to meet the boats-(say a mile below Ogdens"burgh) we halted, at a small house [D. Thorp's] near the river; "and while there, discovered a boat approaching the shore. Ma"jor Forsythe hailed the crew, and on explanation was informed "that it was General Wilkinson's boat. The Major, myself, &c. "met the General at the water's edge-and asked if he wished to "come on shore? Indicating that he did, the Major and myself "took him by the arms, to assist him out of the boat and up the "bank. We found him most abominably intoxicated, and hurried "him into the hut; during which time, he was muttering the most "desperate imprecations against the enemy;-saying, that if they "did not cease firing, he would blow to dust the whole British "garrison, and lay waste their country. After seating him in a "chair, near the fire, the Major and myself retired to consult, "what was best to be done, under the present situation of the "Commander in Chief, when we concluded to detail and post a "guard near the door of the house to keep out both citizens and "soldiers. I made the detail and posted the sentinel, and while "doing this, perceiving the General to nod, and apprehensive that "he would fall into the fire, I proposed laying him on something "like a bedstead that was in the room-and having done so, he "was in a very short time in a sound sleep.

"The time, to the best of my recollection, at which we received "the General, was about two in the morning. For some time "after this occurrence, he was not very accessible: it was said he "was in bad health."a

And is it upon these facts, or upon the subsequent one of his acquittal by the court, (which by the way was but a consequence of the former,) that the General rests the proof of his last and great grievance? In what age, in what country, in what state of society will conduct like this, on the part of the government, be deemed cruelty? Or will any man above the level of an idiot, in point of understanding, call it persecution? But the catastrophe-how dreadful! Was it fair, was it humane, was it just, to deprive an old soldier of bread? to turn him adrift, at threescore, to seek new friends, new habits,-new means of subsistence? Our answer is brief and conscientious: were public offices alms-house institutions;-mere hospitals for incurables; had they been created for the accommodation of the poor, the old, the infirm, the intempe

a The substance of this certificate is confirmed by the oaths of Lieutenant Wells, Orrin Chatfield and Daniel Thorp, with the additional facts,—that the General sung obscene and vulgar songs, and that his conversation was very unlike that of a gentleman. These depositions were made before John Scott, Esq. of Ogdensburgh, 1815.