WILLIAM L. OLEMENTS Stevens collection, no. 386 THE CA A S S E O F EDWARD DREWE, LATE MAJOR OF THE THIRTY-FIFTH REGIMENT OF FOOT. Published by HIMSELF. EXETER: Printed by B. THORN and SON. MDCCLXXXII. 3H T HT EDAVKD DKE AE DA C V2 E STAI ΤΟ M ТООТ 10 Тизменя итиІТЕТЯІН T 11@MIH yd bathilde T 02 bas яOHT 8 yd. boni WDCCFXXXII Стил мааІТЯЗУСА угилмаат CA of gainilash Бот boneful I led bas ont ADVERTISEMENT. THE botning protetorit ved HE following account was tended for publication, on my return to England, as appears from my addreſs to my brother officers, which I have ſtill preſerved. The general good reception and undiminished efteem I experienced from my friends, feemed to render my executing that intention needlefs. Mifapprehenfions, however, have been formed of my conduct, and it is neceffary to remove them. I have been blamed for not accepting an ex- change of my commiffion; for refufing the affiftance of law; and for oppofing my Lieutenant Colonel. But it will be found, that I could not exchange, that I did not refufe that affiftance which a .19.1 newly ii ADVERTISEMENT.. newly conquered ifland could not afford me, and that I fuffered for declining to oppofe my Commanding Officer. I have, therefore, printed a few copies of my Cafe, for the infpection of my friends, in vindication of my conduct in theſe refpects, and to fave myſelf the vexation of anfwering perpetual quef- tions, on a difagreeable fubject. ved I A late event has had no effect on this occafion, for my refolution was formed fix months fince. I have uſed fome names without permiffion, but when character is at ftake, ceremonies muſt be laid aſide. My well-wishers will readily lend them, to fupport to my caufe; to others, I fhall make no 1 apology. not bus wal to online odb od lliw ti Jual Jonolo insusi var dasdox for bluop I s bauol doin sonline ter Stay tow bib 1 ADDRESS won ADDRESS TO An od THE OFFICERS OF THE ARMY Who ferved in NORTH AMERICA and the WEST CA and the WEST INDIES, from the Year 1775 to 1781. GENTLEMEN, до b bas HAVE, at laft, determined to publish my to none fingular cafe, and I can addrefs it to fo properly as to you. With you I have! noitmi encounter'd the ftorms of ocean, and the hazards of war; with you endured the rigors of northern winters, and the ardor of tropi- cal funs; with moft of you I have lived on a Ibi footing of cordiality and efteem; ; and, in my adverfe days, when fummer friends take their leave, have experienced, from you, an attention which would have flattered even profperous fortunes. Altho' I am forbidden ever more to fhare your glory and your toils, yet B I (ii) I cannot fink into obfcurity, without a wish, that, if I live in your future remembrance, your ideas of me may not be unfavorable. When T bas When I parted from thofe of you who were ferving in the Weft-Indies, to throw myfelf into the bofom of my native county, you conceived it to be a ftep proper for injured innocence, and defired me to publish my Cafe. I delayed the publication. I found fuch a I general good reception from all ranks of om all ranks of peo- ple, and my friends fo decided on my conduct, that I was taught to think all publication ont bas unneceffary. But, under the fhade of this 210911 do abisser! indolence, noxious weeds have fprung up; reports have circulated to my difadvantage. I am willing to beleive them the offspring of idle conjecture, on a fudden reverfe of for- 91197bs tune, the circumftances of which were known only to few. But to have it even hinted that, I loft my commiffion, by deferting the poft of danger, when I have fuch proofs that an eager defire (iii) defire to expofe my perfon, was the firft alarm to envy, the parent of malice, and the imme- diate caufe of my ruin, would be a moft un- pardonable neglect of reputation. bus soiv This performance confifts of the minutes of my court martial, a very few notes, and fome original letters alluded to in the proceedings. The arrangement refembles the cafe of a ge- neral officer lately published; in point of form it could not have been otherwife, but do not think I mean to ftand in competition with that man whom I can only rival in mif- fortune. In one point however I fhall differ from him; instead of commenting on my dence, I fhall leave it almoft in its fimple ftate to your impartial opinions. And fince I evi- have been very tender of fpeaking ill of one, whofe diftance from England deprives him of an opportunity of reply, I doubt not you will perceive, that a regard for my remaining repu- tation is the principal object I have in view. s]? B 2 I ( iv ): I fear I must be condemn'd for great im- prudence, but that is not an error of the heart. I meant all for the benefit of the fer- vice; and when my perplexing fituation is confidered, I can fcarce form to myfelf any better mode of acting, confiftent with that idea of obedience I had held forth to you in my *publication at New-York. But after all, perhaps, you may be inclined to confider me as a heretic in difcipline, who wished to adopt a liberal line of command, but was unlucky in choice of time and fituation. As to my defence or rather juftification, it will be found very inaccurate. It was compofed entirely by myfelf, within the fhort space of three days, in a place where I could have no recourfe to books; and its unguarded openefs will ac- quit me of having confulted Lawyers, for indeed there were none to confult. even in my power to correct it. It is not It is not It muft ftand This with fome other military effays I may perhaps one day republish. ( v ) ftand verbatim as a true copy from the Judge Advocate's office; but all deficiencies in the compen- compofition of the defence, will be fated, perhaps, by the noble teftimony of veteran officers, over whofe heads I had been promoted, a circumftance of all others the most aggra- vating to a foldier. Thefe proofs of difinte- refted honor have prop'd my falling fame, and fhall live in my grateful remembrance. The letters in the APPENDIX are moftly without date or anfwer; the reafon is, they were printed from foul copies, and the an- fwers were directed to the profecutor, under whofe arreft I was. I need not pledge myfelf to you that they are authentic, fince they are al- moft all directed to General Vaughan, and I publish them whilft he is in England. GENTLEMEN, I now bid you farewell! I am fallen from the height to which I foar'd, never perhaps to rife again. But let not my fate deter you from fpirited exertions for your country, ( vi ) country, yet let it teach you to be fpirited with caution. Much has been faid in praiſe of the English legiflature; but, when you read the venial trifling faults alledged againft me as crimes, when you find that for thefe crimes there is a law, by the conftruction of which, a gallant officer, high in command,* proud, tho' in misfortune, of the praiſes of his Monarch, and yet in the vigour of health and life, is robbed at once of rank and fame, and, in the very crifis of our fate, fentenced to a dif- graceful oblivion; you will then admit that this law is an alien from the mild fpirit of our code, or that the meaning of it is not fufficiently understood. Wishing you more profperous fortunes, I fubfcribe myfelf moft gratefully and affectionately your moft obedient fervant E. DREW E. Vid. No. 16, Appendix. ov MAZ MIATTAD CESTAHOLI MIATTAD PROCEEDINGS, &c. C. A¹ Ta GENERAL COURT MARTIAL, held on the ISLAND of SAINT LUCIA, in the West Indies, on Wedneſday the 24th day of May, in the Year of Our Lord 1780, and continued untill the 2d day of June following, by Virtue of a Warrant from His EXCELLENCY THE HON. JOHN VAUGHAN, General, and Commander in Chief of his Majefty's forces in the Caribbee, and Leeward Islands, &c. &c. &c. directed to Lieutenant Colonel EDWARD MITCHELL, of his Majefty's Enniskillen (or 27th) regiment of foot. LIEUT. COLONEL MITCHELL, Prefident. 1002 MEMBERS. Reg. LIEUT. COL. LORD VISC. CHEWTON, 87th MAJOR KINLOCK GORDON, MAJOR J. J. ELLIS, MAJOR WILLIAM BROWNE, MAJOR DUDLEY ACKLAND, CAPTAIN HENRY MOORE, CAPTAIN NICHOLAS PARKER, CAPTAIN CHARLES LEIGH, 90th 89th 49th 91ft 27th 27th 49th CAPT. ( 8 ) CAPTAIN EDWARD CHANDLER, CAPTAIN SAMUEL WARING, 27th CAPTAIN RICHARD O'MEARA, 27th CAPTAIN THOMAS GIBSON, 49th CAPTAIN HENRY BABINGTON, 49th CAPTAIN HENRY CROKER, 27th 49th CAPTAIN JOHN NIXON, of the 49th reg. Deputy Judge Advocate. The COURT being duly conftituted and fworn, MAJOR EDWARD DREWE, of his Majefty's 35th regiment of foot, was brought before it, and accufed by LIEUT. COLONEL COCKBURN, his commanding officer, for repeated Neglects of Duty, and Difobedience of Orders, for fre- quently abfenting himfelf from the Service of the Regiment for Weeks together, lying out of his Quarters, and quitting the Ifland without leave, and for behaving in many other refpects unbe- coming the character of an officer of his rank. M (Signed) JAMES COCKBURN, 17th April, 1780. Lieut. Colonel, 35th foot. In Addition to the above Crime, MAJOR DREWE is charged with breaking his Arreft. AM (Signed) 27th April, 1780. To all which the GUILTY. JAMES COCKBURN. HE MAKIJIW HOTAM Prifoner pleaded NOT OHSIN MIATTAO The Court adjourned till to-morrow morning at 10 o'clock. MATSKO Thursday, (9) Thursday, the 25th day of May. do 2 The Court being met, according to adjourn- ment, proceeded to evidence, 5013 LIEUT. COLONEL JAMES COCKBURN, of his Majefty's 35th regiment of foot, being duly fworn, depofeth: About the laft of October, 1778. while the regiment was on float, under orders for the Weft Indies, the prifoner came on board, and told him he was appointed Major to the 35th regiment; when he anſwered, it was the firft he had heard of it, and was exceffively concerned at it, for two rea- fons; the firft, the good of the regiment; the fecond, for his (the prifoner's) private fake; fay- ing, he thought he might do better in a ſtrange regiment, than one he was known in. The Pri- foner himſelf then feemed fenfible of the fame. He added, that as the cafe ftood, he required a double fhare of philofophy and refolution, on his fide, to act the part of Major, and if he did fo, he fhould meet from him every publick fupport, and private advice, that he was mafter of. He, the prifoner, declared he would do fo, and took his leave. The next time he faw Major Drewe was in Carlifle bay, in Barbadoes, the day the fleet arrived, when the Major came on board his tranf- port, and reported a lieutenant of the regiment prifoner, for fome misbehaviour to him on the paffage, adding, that that was the fecond time he C was ( 10 ) was obliged to confine him. The Major at the fame time urging him ftrongly to report him to the Commander in Chief, and demand a court martial, which he declined; telling him, as the young man had only juft got a lieutenancy, and he only lately made Major, it would have a bad appearance before the Commander in Chief; more- over, as the regiment was going on immediate fervice. However, after the lieutenant had been kept in arreft, untill after the capitulation of this ifland, he obliged him to make a full fubmiffion to Major Drewe, purely to fupport difcipline in its full force. That whilft the regiment was at the Cul-de-fac he was taken ill of a fever, and whilft the adju- tant vifited him daily, he afked him if he ever faw the Major, or whether he ever appeared with the regiment during his illnefs; he anfwered, that he feldom faw him, tho' he called at his tent every day, from ten, eleven, and twelve o'clock, and received information from his fervant, that he was then afleep in bed. That on the adjutant's re- porting this to him, he added, it was no wonder it was fo, for that he had heard, that the Major was every night drinking with four or five parti- cular officers, whom the reft of the regiment had feparated from. Two of thofe officers (happily for themſelves) are fince dead, a third has been difmiffed the regiment by a court martial, a fourth has given his refignation in, rather than ftand a court ( II ) court martial, and the fifth is at prefent under ar- reft for misbehavior in the town. That when he began to recover from the fever, he was obliged to fend for Major Drewe to his room, and having reprefented to him his behavior in general as Ma- jor, told him that the example he fhewed was as dangerous to difcipline as difgraceful to himſelf. He promiſed to amend, and departed.-Soon after this, the Major reported to him, that he had con- fined a Lieutenant Graham (who was one of his affociates and fince dead) on fome altercation that paffed between them the night before in a hut. He, the deponent, told the prifoner, he was dif treffed, and forry to fay, that he only felt himfelf Major over his cups, and never where he fhould do. That at fuch place there could be no diftinction between gentlemen of all ranks, provided they be- haved like gentlemen, and therefore defired he would releaſe the officer, receiving his apology. The fick and weakly ftate of the regiment obliged him (the deponent) to give a written order out, that no officer of any rank fhould keep more than one foldier as a fervant or otherwife, and fet the example himſelf. Every officer obeyed but the Major, whofe principal duty he conceived is to fee all orders executed; obferving that the Major ftill retained two foldiers, he defired the Adjutant to ſpeak to him about it, as he himself was too much hurt, to fpeak fo often to one of his rank. The Adjutant reported to him that he had ſpoke C 2 to ( 12 ) to him (the prifoner) about it, and he promifed to difmifs the fecond foldier; but did not difmifs him, becauſe for many days after he obferved him, attending him (the prifoner), which obliged him (the deponent) to fpeak to the prifoner himself, and tell him, he was afhamed that any officer fhould attempt to deceive, and fly in the face of all order; he (the prifoner) anfwered, it was his fervant's fault, that the foldier was not difmiffed, but that he would difmifs him in an hour.-Yet, after all this did he keep him for fome days, which obliged him to fend the Adjutant to the prifoner and tell him, that if he did not inftantly obey his orders, he would put him in arreft.- The written orders of the regiment require all officers to attend parade morning and evening; yet while the regiment remained on the lower ground, and fince it came upon this hill, Major Drewe, very feldom, not for weeks together, made his appearance on the regimental parade. This he frequently lamented to the Adjutant in private, the bad example it fhewed to the regiment, and he was obliged more than once to reprimand Major Drewe for his general mifconduct, but to, no purpoſe. ois M That about the latter end of December, or be- ginning of January laft, the prifoner, Major Drewe, abfented himſelf without leave, from the island, which obliged him to report him (the prifoner). abfent without leave, to the Brigadier General That ( 13 ) That on his return, after a ftay of about, from a week to a fortnight, hearing, he fuppofes, he had been properly reported, he (the prifoner) wrote a letter of fubmiffion to the Brigadier General, which the Brigadier fhewed him, and afterwards fent for the prifoner; and the Brigadier having afked him (the deponent) whether he would be fatisfied with the reprimand he (the Brigadier General) would give the Major, or whether he (the deponent) would infift on more, the deponent replied, he wifhed by no means to bring him (the prifoner) to a publick hearing, and wifhed he might profit by his reprimand. The Brigadier General then re- primanded him, which the deponent thought a deep wound to the fervice, as he believed an in- ftance cannot be produced, where a man, poffeffed of the refpectable rank of Major, ever merited a reprimand. All this had no effect on the prifoner, Major Drewe, who purfued the old courfe, and the Brigadier General told him (the deponent) that he was obliged a fecond time to reprimand Major Drewe, for fome mifbehaviour he heard him commit in a hut at an unfeafonable hour of the night. 35 to 2500 That on the day (he believes the 10th of April) the regiment was muftered on this hill, the pri- foner, Major Drewe, (by chance) appeared on the parade, having not appeared there for at leaft five weeks before; he defired the Adjutant to tell him (the prifoner) to fpeak to him (the deponent), and in ( 14 ) in the Adjutant's prefence, he demanded of the prifoner his reafons for fo repeatedly infulting, and abufing the fervice, and who gave him a difpen- fation to do as he pleafed. After fome frivolous excuſes on his (the prifoner's) fide, he concluded by faying he would do fo no more, and amend ; but instead of that, he never faw him from that hour, untill he was a prifoner, having, in defiance of all order and fubordination, abfconded from the the regiment, tho' his name was that very day, in written orders as a member of a General court martial, of which he (the deponent) was to be prefident. That court martial affembled, and when the members were called over, Major Drewe- was abfent; on which he fent the Judge Advocate to acquaint the Brigadier General, as commanding at this poft, that as Major Drewe was abfent with- out his (the deponent's) leave, as his command- ing officer, defired to receive his directions how the court was to proceed. The Brigadier General fent back word, that Major Drewe was alfo abfent without his leave, and defired the court might proceed without him, upon which Major Drewe is noted on the minutes of that court martial in thoſe words, viz. "Major Edward Drewe of the 35th regiment, having been warned a member for this court martial, and abfented himfelf without leave, is reported as fuch to the Brigadier General, who has directed the court to proceed without him." That ( 15 ) That from about the 10th to the 16th of April, the prifoner, Major Drewe, was abfent, and on his (the deponent's) hearing of his (the prifoner's) return, he immediately ordered the Adjutant to put him in arreft; perfuaded the impartial world in general, and this honourable court in particu- lar, will be convinced that he forbore to the laft, and that he had nothing in view from the begin- ning, but the fupport and dignity of the King's fervice, which has been fo deeply wounded by the prifoner. That after the prifoner had been in arreft for about fix or feven days, he was told by two officers, who inhabit a hutt near to Mr. M'Dermott's, that they had heard, after ten o'clock at night, Major Drewe's voice in his ufual high tone in that hutt; this furprized him much, as every officer, however ignorant, fhould know the confequence of breaking an arreft; but upon enquiry found it was true, and that Mr. Bulkley, furgeon's mate to the 35th regiment, formed one of the company. This lieutenant M'Dermott, having behaved unfortunately in fuch a manner as to draw down the contempt of his brother officers, and oblige them to declare they would not rank with him; who (rather than ftand a court martial fent him in his refignation many months ago) has been the conftant daily and nightly com- panion of Major Drewe fince the regiment came to this ifland, notwithftanding his often reprefenta- tions to the Major upon it, how difhonourable it was ( 16 ) was in him as Major, to countenance a perfon whom the whole regiment defpifed. Captain JAMES LAMB, late adjutant of the 35th regiment, being called on, and duly fworn, depofeth, That Major Drewe came in a different fhip from the one he was in, to this ifland; that on his (the prifoner's) arrival here, he went on detachment ; on his return from which he was taken fick, and continued fo, off and on, untill the regiment came on this hill. That on this ifland Lieutenant- Colonel Cockburn did twice give orders that all officers fhould attend morning and evening pa- rade; Major Drewe was fick the firft time this order was given. Major Drewe did not attend the parades of the regiment, has been abfent fre- quently for one, two, or three weeks. When he (the deponent) has been to fhow Lieu- tenant Colonel Cockburn orders of a morning, he (Lieutenant-Colonel Cockburn) has often afked if the Major was at home, he anfwered yes, for he had feen him; fometimes he was not at home. That on a General court-martial being ordered to affemble on this hill, of which Major Drewe was ordered a member, he went to his room to warn him, but found he was not at home; when he aſked his fervant where he was, who told him he was in the Carenage; he ordered his fervant to go immediately, and tell Major Drewe, he was for a ( 17 ) J a General Court-martial; which that fervant after- wards told him (the deponent), in prefence of an officer of the regiment, he had done; he aſked him why the major did not attend; he (the fer- vant) faid, he had gone on board the fleet. Q. From the Court to the Deponent (Captain James Lamb.)-Was it a verbal meffage, or a written order from you as Adjutant? 103 Jon bib A. A verbal meffage, having frequently given the Major's fervant verbal meffages. mord Q. From the Profecutor (Lieutenant Colonel Cockburn) to the Deponent (Captain James Lamb) When Major Drewe was ordered down from the hills to join me at the Cul-de-Sac, did he obey that order by marching down the companies him- felf, or did he ftay behind? A. He ftayed behind. and fish evade Q. Was not I obliged to fend an order to him to come down forthwith? A. You did fend an order for him to come down. gni お ​UK Mot aim bas Q. During my illness, have not I frequently afked you if ever you faw the Major, or whether he interfered in his duty or not? A. You have. Q. What was your anfwer? 31 con hid O A. Sometimes I have feen him, fometimes I have not. Major Drewe never interfered in the duty of the regiment in giving me orders. Q. Did not you tell me you had often called Jona oat his tent, to fhew orders, at ten, eleven, and ONOT D twelve (( 18 ) twelve o'clock, and was told by his fervant he was a bed; and what was your reflection on that? A. I have. And been much furprized at his laying in bed fo late. 10 Q. From the Court to the Deponent.-Whether you know Major Drewe laid in bed, from ficknefs, or any other caufe? A. I did not conceive he laid in bed from fick- nefs, as I have feen him walking out afterwards. Q. From the Profecutor (Lieutenant Colonel Cockburn) to the Deponent.-Did you not tell me it was obferved by the regiment, or yourfelf, that Major Drewe had been, night after night, drinking in a hovel near the lime kiln, at the Grand Cul-de-Sac, in company with four or five particu- lar officers? A. I have faid that Major Drewe had been drinking there. Q. Do you recollect, that on my recovery I fent for Major Drewe, to reprefent to him his neglects and mifconduct, during my illness? A. I think you did, and recollect your faying you would give him either your opinion or advice. Q. Did not I give a written order out, forbid- ing any officer to keep more foldiers than one, as fervant, or otherwife; and did Major Drewe properly obey that order? A. You did give that order, and after that Ma- jor Drewe had two. Q. Was not I obliged fometimes, after that order was given out, to fend you to tell Major Drewe ( 19 ) Drewe, if he did not obey me, I would put him in arreft? A. You did. Q Have you not repeatedly called at Major Drewe's quarters on this hill, to fhew orders, as Adjutant, and found the doors locked, and no one to answer you? A. He and his fervant were frequently out when I called. 197 Q. Do you recollect, that about the latter end of December laft, or beginning of January, the Major was abfent from the island, and what was the confequence on his return? A. I recollect hearing Major Drewe fay he had been on board the fleet; for he was not prefent with the regiment. He defcribed Fort Royal Harbour. his return. I know nothing in confequence of Q. On the 10th of April laft, at the mufter of the regiment, did not I fend you for Major Drewe, to come to me; and what paffed between us in your prefence? A. You did fend me for Major Drewe, and afked him why he had been fo long abfent from the parade of the regiment; Major Drewe made anfwer, he did not conceive it was requifite for him to attend, from the meffage fent him by the Adjutant.-After fome further converfation, Ma-1 jor Drewe faid he would attend more cloſely for the future. D 2 Q. How ( 20 ) Q. How many weeks had Major Drewe been abfent from the duty of the regiment, before that day; or did he ever appear fince that day? A. He was abfent between two or three weeks before that day, and I do not recollect to have feen him fince on the parade. Q. As you have been Adjutant of the regiment for above four years, has Major Drewe conducted himfelf in any refpect in fupport of the difcipline and reputation of the regiment, as his predeceffors the Majors have done? A. Certainly I think he has not, for I faw a great difference. I The Court adjourned till to-morrow morning at ten o'clock. 5 ni gaidon wond I ugdH Friday the 26th day of May. The Court met according to adjournment, and proceeded. BRIGADIER GENERAL SIR HENRY CALDER, BARONET, commanding his Majefty's forces in the inland of Saint Lucia, being duly fworn, the queftion was put by the Profecutor (Lieut. Col. Cockburn). Q. Have you ever had occafion to reprimand the Prifoner (Major Drewe)? how often, and for what? A. I fent ( 21 ) A. I fent for Major Drewe twice, for that pur- pofe. The first for quitting the island without my leave; but in confequence of a letter of apo- logy, I told him, as he was fenfible of his error, I was perfectly fatisfied. The fecond time I fent for Major Drewe, was in confequence of a riot at Lieutenant Fitzgerald's, clofe to the hofpital, which lafted moft of the night; and informed Major Drewe that I was very much furprifed, that he, as a field officer of the garrifon, fhould be with fuch riotous company; that as fuch I fhould hope for the future, he would prevent, and not be olnido of prefent at fuch improper doings. Q. At the time alluded to, did not I report Major Drewe abfent without my l my leave? A. You did. og hn woy nogu oin going O Disc wor Q. When you fent for Major Drewe in my Twins an prefence to reprimand him, did you not afkme, if I, as his commanding officer, was content with that, or wifhed for more? Silem aid A. I expreffed myfelf to that purpofe, and full as ftrong; the particular words I do not recollect. Q. From the time the 35th regiment has had the honor of ferving under you, from its firft land- ing on this iſland, has Major Drewe, either to your own knowledge, or from the different reports made to you, acted as a Major of the army fhould have done?omist on 101 0000s bildugs of mid A. In my opinion he has not, in many par- ticulars.adu o lo men ont ni loquug 15 70? bit LIEUTENANT ( 22 ) LIEUT. SHAW, of his Majefty's 35th regi- ment, being duly fworn, the question was put by the Profecutor (Lieut. Col. Cockburn). Q. Have you ever heard Major Drewe declare, that he never would attend a regimental parade, unlefs a General officer was there? A. I have. Q. Have you ever feen Major Drewe in any houfe in Carenage, laying afleep; and what hap- pened on that? A. One morning I had the town guard; I went to Robinfon's tavern to get breakfaft, Major Drewe was in bed in the room; whilft I was at breakfaſt he got up and breakfafted with me. Q. Upon your firft going into that room, did you fpeak to Major Drewe's fervant; and what was his anfwer? A. After I had been fome time in the room, the Major's fervant came in. I afked him if he had not better wake his maſter, to take fome tea; he anfwered, he believed his mafter would rather have grogg. Q. Were you not one of the fubalterns of the 35th regiment, who waited on me fome months ago, to tell me that the behaviour of Mr. M'Der- mott was fo bad, that you could no longer think of ranking with him, defiring that I would bring him to a public account for the fame ?ad A. Lieutenant Rofs and myfelf did wait on you for that purpoſe, in the name of the fubalterns. Q. Did ( 23 ) Q. Did not I tell you then, that, in pity to the man, I did not wifh a court-martial; and if he re- figned quietly, it would anfwer fully your pur- pofe? And did you not wait on Mr. M'Dermott, to acquaint him therewith? nisaqe bib mis -A. I did.ob 10M ispo RICHARD WILSON, private foldier in his Majefty's 35th regiment of foot, being duly fworn, the queftion was put by the Profecutor, Lieutenant Colonel Cockburn. no guion 50 Q. Has your mafter, Major Drewe, ever lain out of his quarters on this hill ? A. He has, on board fhip. nool stam Q. How many days, or weeks together, has he been abfent from his quarters on this hill? A. Near three weeks. Q. How often was he on board fhip; or were you with him? A. I was twice on board with him. The firft time I was there three or four days, and fent home fick; the Major ftill remained. The laft time I was there four days. Q. Did the Major come on fhore with you that laft time? aid A. He did. MIED M Q. Did your mafter, Major Drewe, ever lay at night in the Carenage; and how often? A. He has, twice to my recollection. Q. Did he ever lay more than one night at a time there? A. I do ( 24 ) odA. I do not recollect he did.les I son bi o Q. Do you recollect that he did not Pib Imm A. I do not. vins blow at hoiup bong Q. Before you went on board the fhip the laft time, did Captain Lamb, as Adjutant, tell you that your mafter was in written orders for a Gene- ral Court martial; and did you acquaint Major Drewe with the fame? MORIIW CHAHOL A. Captain Lamb did tell me, and I told the Major at the Carenage; the Major faid he was then going on board fhip. nudbo suolo nisQvHas not your mafter, Major Drewe, fince his coming on this ifland, been on the most inti- mate footing with Mr. McDermott, frequently dining and fupping together? yasm voH O A. He has. no 21510p aid mon inalds and asod Q. Do you recollect the laft time that Major Drewe went over to Mr. McDermott's hutt? A. About five or fix weeks fince. id diw nov Q. Was it fince your mafter laft returned from the fleet? A. It was. Q. How many days after his return?d enw A. I believe it was ten days. Mons bic bid O Sectia Hel LIEUTENANT M'DERMOTT, of his Majefty's 35th regiment, being duly fworn, the queftion was put by the Profecutor (Lieut. Col. Cockburn). om 15: SHA Q. Have you not been on the moft intimate footing with Major Drewe, fince our landing on this ( 25 ) this ifland, frequently dining and fupping with him? A. I have. Q. When did Major Drewe laft vifit your hut? you in noli Silt botolo A. I believe about a month ago. ЛЯЙ id no aug 22W Q. Who was prefent at that time? A. I believe Doctor Bulkeley, I am not certain. Q. Was it fince Major Drewe was in arreft? A. Since that time I heard it was; I did not know he was then in arreft. sh Q. Was it fince the laft General Court-martial fat, before which you was called as an evidence? A. It was. Mr. THOMAS BULKELEY, Surgeon's Mate to his Majefty's 35th regiment of foot, being duly fworn, the question was put by the Profecutor (Lieutenant Colonel Cockburn). Q. Have you been lately in Mr. McDermott's hutt, in company with Major Drewe? A. About five or fix weeks ago I was fent for by Mr. McDermott; after I had been there about half an hour, Major Drewe came in. Q. Can you recollect the day? A. On Saturday the 22d of April, to the beſt of my recollection. The Court adjourned to Monday next, at ten o'clock. E Monday, ( 26 ) 1 bag Monday, the 29th day of May. 5 mld The Court being met according to adjourn- ment, proceeded; when, the Profecution being clofed, the Prifoner, MAJOR EDWARD DREWE, of his Majefty's 35th regiment of foot, was put on his Defence, viz. DEFENCE. Mr. Prefident, and Gentlemen of this ho norable Court, I SHALL not apologize for the trouble I have hitherto given you, fince I hope to convince you, I have taken every ftep fubmiffion could dictate, to avoid a fituation difagreeable to you, as men of feeling, and difgraceful to me, as an officer: nei- ther fhall I excufe myfelf to you for the long time I may engage your attention. You will confider the great ftake I play for; no lefs than that of rank, fortune, private reputation, military fame, and all my future profpects, as a citizen and a foldier. Your equity, then, will afford me a free and uninterrupted audience! It is in your breafts whether it may not be the laft time I fhall ever appeal to you as a fellow foldier. Let me then have the comfort of unburthening myſelf, that (when I may demand a copy of this court martial, according to the articles of war) it may be known to ( 27 ) to my friends and parents, as well as my moft gracious mafter, that though neglectful, perhaps, in fome of the forms of fervice, my Character was unimpeached in the effentials. The faults of the moft perfect character among men, brought into one point of view, are fuffi- cient entirely to overfhade it. Mine being very far from a perfect one, it will be requifite that I fhould throw fome lights upon it, at leaft to en- title it to be termed a mixed Character. Two other reafons, I hope, will fufficiently prove to the Court, the neceffity of my bringing forth my whole Cha- racter as a Soldier. Firft, becaufe I chiefly ground my Defence on my being driven into this fituation by malicious vexation, originating in 1775, and hitherto purfued with unremitting perfeverance, and fecondly, for the information of the Court; for, as the Profecutor has opened with declaring, he was forry I came into the 35th, both for my fake and that of the regiment, it is neceffary you fhould know what my conduct was prior to that time, which will otherwife remain a mystery to this Court; and whether or not I had difgraced the regiment. 61 5m I must premife firft, that, in this Defence, I fhall be obliged to fay many things I wish it was poffible to avoid- but the Profecutor has his reply. Secondly, That my plea of fervice is by no means held forth to vie with that of many more E 2 refpectable ( 28 ) refpectable officers now in this Court; but they, hitherto unblemished, are not forced to turn boafters like me. ol sa to omox, t Thirdly, I muft entreat you, Gentlemen, to attribute e any words, which may appear too bitter, or too bold, in this Defence, to the indignation of a Soldier, who finds all his ambitious hopes terminate, in being brought before you as a Criminal. I am the only fon of a gentleman of family; my fortune independant of a profeffion. With the reluctant confent of my parents, I purchaſed an Enfigncy in the 35th regiment. I fhall decline giving this Court a detail of the parades I then attended; it will be fufficient for my Character, to fay, that after little more than five years, I purchaſed a Company in the regiment over feven officers, with whofe fervices, mine, taken in the moft favourable light, can never ftand in compe- tition; yet none of them complained of my good fortune.ong ebw Bulinos y dw won bluort o: I lived thus refpected, when the regiment was Lordered for Bofton. My parents offered every independance, to induce me to quit the army; but neither my pride nor my zeal would fubmit to it. We arrived at Bofton, June the 15th. I wifhed to be early diftinguished. The Profecutor, then Captain of light infantry, refigned me his company on the 16th. Stunder his eye, whom I Proud to be fignalized then had confidered as a father, ( 29 ) father, I led it to action on the 17th; my com- pany was cut to pieces, to fix privates, almoft in my fight. I received, on that day, three wounds, two contufions, and had my fhoulder diflocated. I languished near eighteen weeks, of thefe and the diforders of the climate. With two wounds unhealed, I embarked for Europe in October; and thofe who remember that winter, will imagine the anguish of a man in my ftate, in an ill mann'd veffel. I was twice near being fhipwrecked. I returned to my friends, was received with open arms; was prefented with the freedom of a great city. Independance again held out; I was told my reputation was eſtabliſhed, nay, was appointed by the Colonel of the regiment to an additional company, and received a beating order. But neither the dangers I had experienced, nor the flattering profpects held out to me, could induce me to quit the fervice of the ftate, when I found myfelf calculated to fupport it. 1 excufed my- felf to the Colonel, tore myfelf from my friends, and embarked again for America, my health then not re-eftablished. I reached not New-York (being ordered on duty to Ireland in my way) untill the 26th of October, 1776; and on the evening of the next day, I committed the firſt of thofe faults, which, having been repeated, have ultimately brought me into this fituation. For, on intelligence of an expected action, I left my recruits for the army to my fecond in command, who ( 30 ) who now perhaps hears me, and paffed the danger- ous ftraits of Hell Gate by night; but was ftopped, by order, at New Rochelle, and thus unhappily miffed an action, which might have given me perhaps an honourable death*. Thefe facts are well known. Yet it may appear fingular to this Court, that a man of my perfe- verance and enterprize, fhould ever have fallen into the unmilitary character held out to it by the Profecutor. They will imagine there was fome caufe: I will give it them.-I there firft met with the Profecutor, as Commanding Officer of the regiment. N. B. The Court thought the remainder of my preamble unneceffary; I therefore with- on drew it; but as I fince find it was very mate- rial to fupport the pofition on which I found my whole Defence,-That I was driven to this line of conduct by unmerited perfecution, ori- ginating in 1775, I have thought fit to infert it in its place. [I have now in my hand a copy of a letter fent by me to the Profecutor, then a Captain, at Boſton. It is written from my fick bed. It is expoftulatory, on his claiming a right to the effects of thofe men whom I had led to the flaughter. It will let the Court into the nature of * Vide Appendix, Numbers 1, 2, 3. the ( 31 ) the original difpute between us. If it is confiftent with the forms of the Court, I ſhould be glad to produce it; if not, I fhall juft remark, that the vexation of fpirit occafioned by this ftrange pro- ceeding, by no means haftened my cure; for we had always been on a friendly footing, and the greateſt confolation I propofed to myfelf was, Captain Cockburn's applaufe and attention to me in my ficknefs. But I keep not refentment in my breaft; I met him again with great cordiality. Some farcafms I had heard he had thrown out on my joining that army fo late, which was "fur- prized at feeing me at all." But thefe I either disbelieved, or attributed to a latitude of fpeech men fometimes allow themfelves without mean- ing; my Character was too firmly fixed to be fhaken by fuch airy trifles. The regiment foon after went into the Jerfies, where I cannot but regret, that the Profecutor's ftay in New-York, from our first advancing to Prince Town, until late in the enfuing feafon, prevented his being witnefs of my zeal, my ftrict attention, and my perfonal fpirit, in a crifis fo ferious and fo well known; becaufe I think, he could not then, with juftice, have treated me in the manner I fhall now relate. On the day of the action at Prince Town, where I was again wounded, tho' very flightly, the Captain of the grenadiers of the 35th was unhappily murdered by the rebels. This was re- ported ( 32 ) ported to us on the field of action; and I inftantly applied for the company; but though I was the earlieft claimant, and the eldeft competitor, the Lieutenant Colonel, then at New-York, appointed a junior Captain of that company, who, from com- mon juftice and affection to his friend, by no means wished for a command, which he has fince filled with fo much credit*. 'Tis true, the Lieut. Colonel offered me the light infantry, but I had before refigned that company, my former wounds rendering my future ftrength and agility, pre- carious. What added ftings to this difappointment was the reflection, that but two nights before this, I had obtained the approbation of my General, for having pierc'd, with only fifty men, 18 miles into the enemy's country, deftroyed a ftore, gained intelligence of their fituation, carried off prifoners, and, though their whole army was in motion to intercept me, retreated without the lofs of a man, or once bringing my little force to action. Thofe of you who were at Prince Town will readily recol- lect this: yet this weighed nothing to produce me my juft right; and, with the lofs of the grenadier company, ended my hopes of being diftinguifhed. I will not trefpafs on your time.-To be brief, I continued to fuffer fuch mortifications, that at laft I was driven to fign a paper, with three fourths * Captain Hugh Maffey. of ( 33 ) of the officers of the 35th, declaring our ina- bility to fupport the oppreffion of the Lieutenant Colonel. This paper, as being the eldeft officer on the lift, I was appointed to deliver to General Howe; but a Captain, now out of the regiment, feeming to waver, it was configned to oblivion. The Lieutenant Colonel gaining intelligence of this, I waited on him, avowed the paper, and gave him my reafons for figning it. I mention this, becauſe I think it may be produced againft me in the reply; and chiefly, becaufe this ftep con- firmed that ill-will towards me which had no foundation in reafon, and which yet will not be fatisfied but with my ruin. In fhort. After purchafing all my other com- miffions, I was indulged with a majority, at a price fo enormous, that it cannot confiftently reach his Majefty through the regular channel of a Court-martial; and joined the 35th, as Major, with the firm hope, that my obedience and atten- tion would remove ungenerous prepoffeffion, and re-eſtabliſh us on our once friendly footing. But, alas, how vain was that hope!] * I am now come down to that period, from whence the Profecution commences. I have, I hope, proved an early wish to mortify me in the Profecutor; and this honourable Court, will not, I truft, when they confider my perfeverance in Bid F the O ( 34 ) the fervice, under fuch fevere difappointments, think me an officer, who had then difgraced the regiment. guise The first part of the profecutor's charge is of fo ftrange a nature, that I fcarcely know how to an- fwer it. You are firft told of a private converfa- tion between us; I differ indeed in fome points of memory, but, as no witnefs was prefent, the affer- tions of either party can have no weight. But, from the profecutor's having told me, that he was forry I was Major, for my fake and the regiment's, you will judge of what I had to expect from fo polite and friendly a reception. He next produces, as a crime, my having put an officer in arreft; but he does not inform you, who was in the wrong. Next comes another pri- vate converfation with me in Carlifle Bay, where he intimates, that he begged me to releaſe this officer, as we were on the point of fervice; yet, that he was not releafed till after the capitulation. I now with great reluctance produce this officer to invalidate the teftimony. LIEUTENANT THOMAS EYRE, of his Majefty's 35th regiment of foot, being called on in behalf of the Prifoner, Major Drewe, and duly fworn, the queftion was put. Q. When you was in arreft, on board the fleet, was you in fault, or I? A. I conceive I was. Q. Did ( 35 ) Q. Did I feem to lean favorably towards you, or did I wish to opprefs you? A. I do not think you meant to opprefs me. H Q. What time was you releaſed from your arreft? 01 A. About ten o'clock, the morning after we landed on the island of St. Lucia. Q. From the Profecutor, Lieutenant Colonel Cockburn. Q. As you fay that Major Drewe appeared to favor you, how happened it, that Major Drewe reported you to me, a Prifoner, and requefted I would apply to the Commander in Chief for a Court-martial? A. Becauſe I had not made an apology time enough; when I did, he received it in a gentle- man-like manner, and let me out of arreft that morning. bas Q. At the time you were releafed, did not you thank me for my interference, and the part I had acted in your favor, in preventing a Court-martial? A. I remember thanking Major Drewe, but do not recollect ever fpeaking to Lieutenant Co- lonel Cockburn on that head. dordwene 1105 03 I am next accuſed of affociating with five offi- cers from whom the regiment had feparated. Does the Profecutor mean, that thofe men were unworthy its being connected with? why then did the regiment fuffer them to continue fo long in it? or rather, why did HE, as Lieutenant Colonel, F 2 whofe ( 36 ) whofe buſineſs it was to cleanfe the regiment? His method of difpofing of them I admit of; two of them are no more: and is it a crime to die? Peace to their remains! I fcarcely think it fair to moleft the afhes of the dead. The third, with whom indeed I had no connection, was cafhiered; but for what? fending a written challenge to the Lieutenant Colonel, demanding fatisfaction as an injured man. The fourth, neceffity has made im- prudent, but I have received favours from him in his profperous hours, and cannot defert him in his adverfe ones. The fifth is confined for misbeha- vior; but, till that is proved, his character muft remain irreproachable. Thus it feems it is a part of my crime, to have affociated with theſe five men, becauſe two of them are dead, one is cafhiered for fending a challenge, a fourth has re- figned to pay his debts, and a fifth is confined for mifbehavior, in which I had not the fmalleft con- cern. But I will now refresh the Profecutor's memory with the true reafon for the affociation, viz. neceffity and a hate of folitude; for, when I made offers to live with him, he declined it in a manner, which fhewed a fixed defire of feparating his intereft from mine. But the ill confequence of this connection is now to come; it made me lay in bed in the morning. I never heard, for my part, that laying a bed in the morning was inconfiftent with my rank. I thought it the privilege of a great man; nor do I know 1900 H bib slodw 119019109 my under ( 37 ) under what article of war it falls. But as the Court may think fome duty was neglected by this, I fhall prefently fatisfy them on that head. Next comes a charge againft me for fupporting my rank, by putting one of thefe affociates in arreft, on which the Lieutenant Colonel fays, he gave me this very friendly opinion, that I felt myfelf a Major in my cups, and no where elfe, when I fhould do fo! Here is a moft fingular ftretch of power, when the Lieutenant Colonel affumes an exclufive right of bringing officers to juftice, of which I am the third inftance, within about twelve months, while the poor Major is to be trampled on with impunity, and yet is to fupport his authority, and feel himfelf a Major. This is one proof of the difficult card I had to play. But what does the Lieutenant Colonel mean by feeling myſelf a Major? I know I am one, (at leaft at prefent); but what then? I did not rife unexpectedly into my prefent rank: my birth, my indulgent parents, and my liberal command of money, entitled me, at leaft, to expect this ftep. Why then ſhould I elevate myfelf beyond the fons of men? but it feems I do, in my cups, and no where elfe. I fhall prove, in my defence, that prior to this friendly admonition, on a poft of real fervice, and on this very ifland, my officers felt my confequence; though it feems my fpirit is too mean to feel it. But the next accufation will con- vince you, Gentlemen, that the Lieut. Col. tried MIATTAR all ( 38 ) in all his power to fink that feeling, fhould I have poffeffed it. You, who know that a Major is obliged to keep a horfe, by the King's order, and is of courfe entitled to two fervants, may be furprized at a regimental order, attempting to deprive me of that right when ill, and will beft judge, if the Lieut. Colonel's conduct did not tend to leffen my authority, and that I tried every method military obedience could fuggeft, to preferve harmony be- tween us. At that time, in want of more than ufual attendance, and, on the other fide, threatened with an arreft, I own, with fhame, that the love of peace led me to make frivolous excufes. The Lieut. Colonel fays he fet the example. What then? my right is from the King. He was in health, and had every man of the regiment at command. The regiment was fickly! True. But is the Major the only man whofe life is of no confequence. If the Lieutenant Colonel means to prove, that I acted in a manner unbecoming my rank, he has uow given his ftrongeft proof; and perhaps this honorable Court will fcarce allow illneſs, and love of quiet, as excufes for fo very tame a fub- miffion on my fide. The word parade yet rings in my ears: There- fore, before I call on the late Adjutant, permit me honeftly to confefs, that I am no parade officer; but had I been treated on parades, in the manner that became my rank, I fhould have taken a plea- fure in what I now behold with averfion. CAPTAIN ( 39 ) CAPTAIN LAMB, already fworn, being called on by the Prifoner, Major Drewe, the queſtion was put. of honogger Q. At the Cul-de-Sac, do you recollect the laft day I dined with Lieutenant Colonel Cock- burn and you together? A. I think I do. Q. What paffed at table that day, concerning my living with the Lieutenant Colonel? A. If I recollect the day right, I myself was a gueft, and do not remember any thing particular paffing, relative to living. Q. Do you recollect my coming in to dine, and Colonel Cockburn faying I might dine there that day; but, in future, he meant to live by himſelf on his fea ftock? A. I cannot fay I do. N. B. Here the Lieutenant Colonel allowed he had faid fo, becauſe he did not like the Major's mode of life. Q. How many parades, with arms, were there at the Cul-de-Sac? A. I do not recollect the number; they could not be frequent; the regiment was employed in building huts. Q. Do you recollect my mentioning to you the Lieut. Colonel's frequently reprimanding me, for not doing my duty; and my complaining, I could find nothing to do? A. I recollect fomething to that purpoſe. Q. Have ( 40 ) Q. Have not I frequently permitted the fentry to be taken off my hut, for the fake of the regi- ment, while the Lieutenant Colonel kept his ? no A. It has happened fo. Q. When the Lieutenant Colonel was con- fined to his bed at the Cul-de-Sac, did he not give out all the orders, without leaving any part of the command of the regiment to me? A. Lieutenant Colonel Cockburn never was fo bad, but I could fee him; if he had any orders, he then gave them to me. Mr. ORE, late Surgeon to his Majefty's 35th regiment of foot, being called on by the Prifoner, Major Drewe, and duly fworn, the queftion was put. Q. What was the ftate of my health in general, on the laft ground? A. Mr. Drewe frequently had intermitting fevers. Q. Did you not tell me, you was fearful they would, from their continuance, terminate in very bad confequences? A. To the beft of my recollection, for two days you had a continued fever, and had a remif- fion that evening. Q. Was not my fervant ill a good part of that time? b 100 A. He was; and ordered to the regimental hofpital by me. Belloos Q. Was ( 41 ) Q. Was he not in a weakly ftate, ever after, on that ground? A. I was in a fickly ftate myfelf. When my health permitted me to fee the men, he was a convalefcent.bob satis Q. From the Profecutor, Lieutenant Colonel Cockburn, to the Deponent.-In what ftate of health has Major Drewe been, in general, for near eleven months fince the regiment came on this hill? A. He had trifling fores on his foot, which confined him for fome days. Q. At the time Major Drewe's fervant was ill on the lower ground, was he not replaced by another foldier? bar and gastop to A. To the beſt of my recollection, he was. Q. To the best of your opinion, as Surgeon, did you not conclude, that the moft of Major Drewe's illneſs, in a great meafure, arofe from his mode of life? 10 n A. I do not know what kind of life Major Drewe led: I was moftly ill myfelf. Moines Q. At the time you made me regimental re- ports, did you not tell me, the life Major Drewe led contributed to his illness? A. I might have faid to Lieut. Col. Cockburn, I feared the Major lived too freely.ing limo I The Profecutor now having brought me to the before I attempt to answer a very ferious and by important hill; G no ( 42 ) important charge, I fhall clofe this trifling accu- fation, by informing the Court, that (foon after I was pofted here, on the Profecutor's again repri- manding me, and expreffing the higheft contempt for my rank, I three times demanded a General Court-martial, and three times received a meffage to ſpeak with him, in his room. At laft, by the interpofition of a friend, now a member of this Court, the affair was accommodated; we mutually fhook hands, and promifed it fhould never be re- vived. My character, Gentlemen, would then have ftood the fevereft charges unbroken; I had not then fallen into the toil, Momo I next come to the only material charge againft me: That of quitting the ifland without leave, fleeping out of quarters, and breaking an arreft. Moſt of the facts alledged against me, I ac- knowledge; yet I reft my caufe on this, that they are not of a nature fufficient to require leffening authority, by expofing a man of my rank to the public, as a culprit, particularly one, who not only is confcious of no offence to the fervice, but who even acted in committing thefe faults, to the beſt of his opinion, for the public good. I fhall touch on this in the clofe of my defence: at prefent I fhall honeftly give you my ftate of the cafe. I omit particulars; but, fince we came on this hill, I kept on tolerable terms with the Profecutor, won 10lubstor though I stoled & Ilirt * Vide Appendix, Numbers 4, 5, 6. ( 43 ) though I miffed fome parades, where I had no command, and was of no confequence, to relieve my mind by changing the fcene; of courfe con- ceiving fome indulgence due to my rank. The Lieutenant Colonel fays, he lamented this to the Adjutant; but I was fuffered, it feems, to entan- gle myfelf in the net without warning. You I had not feen my friends on board the fleet, for near twelve months. I had an opportunity of vifiting them. The fleet covered the island, and there was no duty for a field officer in garrifon or- ders. I left a letter, late at night, for the Lieut. Colonel, and went on board. The fleet flipped*, and ftood to fea, after the enemy; which explains, how I came to know Martinique harbour, as in Captain Lamb's evidence. On my return, when I landed in a furf, at the hazard of my life, I waited on the Lieutenant Colonel, and, if I do not mistake, he told me that I fhould apologize to General Calder, but that, for his part, as I had nothing to do, I might go where I pleafed. The letter produced to the Court by General Calder, he fays he received, as an apology fufficient. This, then, was no reprimand.-The Profecutor now remarks, perhaps too boldly, that the fer- vice, never before that time, afforded an inftance of a Major in the army having merited a repri- mand; of courfe then, all his frequent ones, prior 20were to that, were unmerited. G 2 vigmi Next When a fignal is out for flipping, no boat can ever put on shore. ( 44 ) Next comes before you, a fecond reprimand, from Sir Henry Calder, for a riot, being in ri ot- ous company, and improper behaviour. I fhall not burthen your patience with evidences, for I am fure Sir Henry Calder, if prefent, will never deny that I made him this anfwer, viz. Sir, I was happy in acknowledging my error, in going on board the fleet, without paying my refpects to you. I acknowledged on paper as the fulleft fatisfaction, and always mentioned your polite method of re- ceiving my apology. But in this cafe, being confcious of no error, you will excufe me, if I cannot fubmit to make any apology.-In juftice 'to my Character, as well as that of all the offi- cers of the regiment, prefent on that night, at leaft that I recollect, I muft call them to give their evidence upon oath. 9300014 1913 CAPTAIN MASSEY, of his Majefty's 35th regiment of foot, being called on by the Prifoner, Major Drewe, and duly fworn, the queſtion was put. Q. Was you in my company the evening be- fore the morning I was fent for by Sir Henry Calder, to be reprimanded for a riot? Wynologs A. I was. I was. won Q. As a gentleman, did there appear any thing riotous, or improper in my behaviour, or that of any perfon prefent? A. A riot I conceive to imply a quarrel; the utmoft harmony and unanimity prevailed. No improper ( 45 ) improper diffentions in opinion, from the time the company fat down together, until their break. ing up. Q. How long have you known me, and have we been intimate? A. I have kuown you more than nine years, and we have been intimate. Q. From the day of your firft feeing me (not allowing for my moft focial and unguarded hours), did you ever find, in any part of my conduct, any propenfity to quarrels, riot, or buckifm, or any point inconfiftent with the ftrict character of a gentleman?or A. Your conduct was irreproachable, to the best of my opinion, and fuch as would bear a fcrutiny.co Q. Did you ever, fince you came on fervice, fee me in a condition incapable of it, from liquor? A. I never did fee you incapable of any duty you was upon. CAPTAIN WHEELER, of his Majefty's 35th regiment of foot, being called on by the Prifoner, Major Drewe, and duly fworn, the queftion was put. Q. Did you fup with me at Lieut. Fitzgerald's, the evening before the morning I was fent for, to be reprimanded by Sir Henry Calder? A. I did. Q. Did you fee any part of my behaviour, or that of any one elfe in company, riotous or improper? A. I did not. Q. How ( 46 ) Q. How long have you known me? A. Since about April 1774. Q. From that time to this moment, have you ever perceived, in any part of my conduct, any thing riotous, quarrelfome, or any thing unbe- coming the ftrict character of a gentleman? A. I have not. LIEUTENANT FITZGERALD, of his Ma- jefty's 35th regiment of foot, being called on by the Prifoner, Major Drewe, and duly fworn, the queftion was put. Q. That evening I was in your houfe, prior to my being fent for to be reprimanded by Sir Henry Calder, was there any thing riotous, or improper, in my behaviour, or that of any of the company? A. There was not. Q. When did you come into the 35th regiment? A. Twenty-eighth of June, 1775- Q. From that time to this, have you ever ſeen any thing riotous in my behaviour, or unbecoming the ftrict character of a gentleman? A. L do not recollect I ever did. Q. From the Profecutor, Lieutenant Colonel Cockburn.-Did not the Brigadier General fend for you, the fame morning he reprimanded the Major, and put you in arreft? and did he not af- terwards releaſe you, at my interceffion? A. He did put me in arreft, and releafed me in less than an hour, telling me Lieutenant Colonel Cockburn had fpoken to him. On ( 47 ) I On the evening fucceeding this, the Lieutenant Colonel came on the parade, and, without any pre- vious hint of his intention, with a moft imperious manner, and thundering tone of voice, of which no conception can be formed, defired me to put the men through the manual. Taken unawares, feveral ftrangers prefent, and not having feen that exercife practifed for above two years, I excufed myfelf; on which he fell into a violent paffion, which I avoided by walking off the parade. The next day by letter I explained myfelf on his ab- rupt manner, and intention of expofing me on the flighteft errort. I told him, I fhould indeed con- fider myſelf as a fervant of the public, appointed to act under him, but could not fubject myfelf to the caprice of any man exifting; profeffing the utmoft obedience to command, but begging, at leaft, to be treated with thofe liberal manners, with which I treat all men myfelf. I believe in about two evenings after, I came on the parade, and put the regiment through the manual, I mean officers and men; when, the next day, the Adjutant waited on me, with a verbal meffage from the Lieutenant Colonel, infifting on it, that I would not intermedle in putting the men through the manual, unleſs he was prefent. Though this deprived me of that part of regimental duty which + Vide Appendix, Number 7. is ( 48 ) is moft peculiarly my province, I acquiefced even under that. I came on the parade, hoping he would give me employment, but he never thought more of it. The judgment of the Court will then conceive the intentions with which he first called on me.-Finding no duty that demanded a man of my rank, and an apparent coldnefs heightening between us, which greatly affected the difcipline of the regiment, I determined to refign all power, to the man who wifhed to engrofs it, and to with- draw from all concerns in the regiment: and how little I judged this a breach of duty, you may guefs, from my acquainting General Vaughan with what I had done, and my reafons for it, by letter, at the very time that I was applying for the grenadiers, then intended for an expedition. not I did attend the mufter. It was, becauſe I would not lay myſelf in his power. He never ſpoke to me of my five weeks abfence before, and he would have been better pleafed not to have feen me that day. His public reprimand was a ftretch of au- thority I could not fupport. I defire no enemies but thoſe of my country. And here I mifs an evi- dence, in the member I before mentionedt, to whom in the morning I explained my intentions of throwing myfelf on General Vaughan, to ferve under him, in any capacity, without confideration of pay, precedence, perquifite or promotion*. + Captain Nixon. * Vide Appendix, to the end. I own ( 49 ) I own the meffage about the Court-martial was delivered to me, but my affair was of moment; my boat was ready; many members, now of this Court, would more properly have fupplied my place. Is had my commiffion in my pocket; and, had I not met with a favourable reception, and fome diftant hopes, I fhould have refigned all profpects as a foldier. I returned, and was put in arreft. I did write to Sir Henry Calder, at my going, and re- turning; but I fcorn attempting to impofe fol pitiful an evafion, on the judgment of this Court. It was my ardent wish to leave my command, and never never to be fubjected to it again. mind We now come to one of the moft fingular oc- currences that has ever happened in any Court. A man, who the Profecutor tells you is faved by his pity from a Court-martial, is firſt, without any crime alledged against him before this Court, held out to you in the moft infamous points of view; and then, to add refinement to cruelty, and ftab me through his fide, is brought before you an evidence or, rather a fpectacle, to prove that I acted unbecoming my rank, in keeping him com- pany. Now, Gentlemen, I firft understand the Profecutor's meaning, when he faid, that two of my affociates were, happily for them, in the grave. The fubalterns will not do duty with this man. But fifa bio I was H This alludes to a fpeech of the Profecutor's, before be produced this evidence, and which is not in the body of the proceedings.-N. B. The evidence was on crutches. ( 50 ) I was never properly informed of that, though it would have weighed little with me. I knew that man in profperous fortune, when many fat- tened at his table, who have now forfaken him! Adverfity overtook him. Too much hofpitality and difappointments in life made him guilty of imprudence for bread. In this fituation, a crip- ple, deftitute of comfort, I faw a husband, a father, a man of whofe plenteous days I had partaken.- I fupported him, I gave him money and provifion; all my converfation tended to find ways of paying his debts, and reftoring him to his family, and a patrimony, that runs to ruin by his abfence. I will not drag hither that unfortunate man, to avow it; the Court has had him once too often before them: but this I declare, that, fo far from defending it, I triumph in the act. To have paid the debt of gratitude and humanity, fills my heart with gladnefs; and if to fupport the wretched, and comfort the unhappy, are actions unbecoming my rank, I fhall refign it with the. moft perfect fatisfaction. As to breaking my arreft, I cannot conceive that going fifty yards for fresh air, within the fen- tries of the garrifon, can be fo called. My arreft, as delivered by the Adjutant, I by no means thought implied a confinement to my room: I therefore muft conceive it merely a garrifon ar- reft. Confinement in this country is deadly; nor can I conceive, that the word arreft can imply impriſonment, ( 51 ) impriſonment, unlefs in cafes of private quarrel, or where a man is of an unruly difpofition, which I hope I have proved is not mine. But, dropping this fubject at prefent, we will admit all thefe faults. But is not a confinement from the 17th (I think at leaft) of April to the prefent day, fome expiation; but if not, I have made fubmiffions that have almoft difgraced me. I have offered every apo- logy to the fervice, for my voluntary, yet well- meant, errors. What would it with for more? The Lieutenant Colonel has a letter from me, offering to exchange. I was told by the honourable Mem- ber already mentioned, it was all he wished; yet he now brings me before you. What would he have? He will neither let me remain at peace in the regiment, nor let me leave it. But his accept- ing the offer of an exchange argues, that he does not act fo much from public fpirit as private picque; elfe how can he reconcile fending me to another regiment, whom he thought unworthy of continuing under his command. I now make a few remarks upon the evidence of the Profecutor. CAPTAIN LAMB (whofe candid evidence does him credit) tells you of an order I difobeyed, in not marching feven companies from the Heights, ove the Cul-de-Sac, after the inland capitulated. The Profecutor gave that order. I fent the two companies at my immediate poft, home under Captain Smelt, with a note, begging to stay in H 2 my ( 52 ) my old poft that night, to write letters by a packet going to Europe in a day or two. When the evidences, I fhall foon produce to you, fhall point out my attention, and fatigue on that poft, you will think this a trifling requeft. Yet it was de- nied me, by a moft extraordinary note. I returned that evening, and believe miffed my opportunity of writing home. If the Profecutor means, that I fhould have marched, at an hour's notice, all the companies from the Heights over the Cul-de- Sac from one poft, it would have been better, that he had once, for curiofity only, vifited thofe pofts, to have known the impracticability of it. sd blow and Voy atolad om gnin CAPTAIN SMELT, of his Majefty's 35th regiment, being called on by the Prifoner, Major Drewe, and duly fworn, the queftion was put. 91Q. Do you recollect your marching two com- panies down from the Heights, above the Cul- de-Sacau adquods od mod A. I do. nomiga eid rebat 55QyDid I give you a letter to deliver to Lieut. Colonel Cockburn? did I tell you the contents of it? and, if you recollect, what were they? 29 A. I do not recollect a letter; you fent a meffage, that you hoped he would excufe your not marching down, that you had fome letters to write, and wifhed to collect your ideas. -sb-lui avo ow Q. Did I not return, in confequence of a mef- fage fent me that very evening.n ni A. You did.d 36 dai lam niaga CAPTAIN ( 53 ) ano Dalsland Rolled ym to fled od of saul CAPTAIN LAMB, with great reluctance, has been forced to fay, he faw a great difference be- tween me and my two predeceffors in command. True. One was all mildnefs; the other kept a dignity unimpaired, becauſe he negotiated an ex- change the moment he entered the regiment. II, like all men who attempt impoffibilities, by trying to unite obedience with dignity, have well nigh fallen to the ground. And it is in the breaft of this Court, whether, as I am the third officer brought to a Court-martial by the Lieutenant Colonel, on this ifland, I fhall not be the third Major who has quitted the regiment fince the year 1777. Mr. SHAWE has declared that he heard me fay I never would attend a regimental parade, un- lefs a General officer was prefent." I doubt not Mr. Shawe's veracity, but am apt to think he has miftaken my words. I never could be guilty of fuch egregious nonfenfe. But, perhaps this was in my cups, and is intended to prove that I was then a great man. If ſo, it is a ftrong evidence. I am now again produced to the Court in my bed; and my fervant tells Mr. Shawe, that I like grog for breakfaft better than tea. Is this brought to prove that I am a Boftonian at heart? I think I can fcarcely be accufed of that; or is it to prove, that I am a morning fot? If fo, I declare publickly, that I have always, and fhall, for the future, ( 54 ) future, to the beft of my belief, breakfaft on a cruft of bread, accompanied by grog, punch, or porter, any article of war to the contrary not- withſtanding. I ſhall now call on the body of Captains of the 35th to give this Court their opinion of me. In examining them, the Court will find, I hope, many points elucidated, and particularly, that I was the only active field officer of the 35th, while the enemy was in poffeffion of this ifland. The Court adjourned till to-morrow morning at ten o'clock. Tuesday, the 30th of May. The Court having met, according to adjourn- ment, proceeded. CAPTAIN FITZGERALD, of his Majefty's 35th regiment of foot, being called on by the Prifoner, Major Drewe, and duly fworn, the queftion was put. Q. Have you known me from my earlieſt en- trance into the army? and did I come over your head as an officer? A. I have had the honor of being acquainted with you, from your first entrance into the regi- ment, until this prefent time. A fpace of about eleven years. You did come over my head as an officer. Q. What' ( 55 ) Q. What has been my conduct as an officer and gentleman? A. To my knowledge you always did your duty, with great alacrity, fpirit, and attention, on real and actual fervice. I have always known you to stick to the honor and principles of a gentleman, and never knew you to deviate from them in any reſpect. Q. What was my conduct with the detachment of feven companies, on the Heights, over the Cul-de-Sac, to cover the fleet, before the capitu- tion of this ifland? A. Your alertnefs, activity, and diligence, in daily vifiting thofe pofts yourſelf, though at a great diſtance from each other, and the commu- nication difficult of accefs, in confequence of the woods, rocks, and precipices; and, in fhort, your due and clofe attention to every part of your duty, on that poft, was highly commendable, and ex- ecuted like a good officer*. Q. Have I not lived on the moft intimate foot- ing with the officers of the 35th regiment, untill I became Major to it? and did not I always fhew the utmost respect to my commanding officers? A. You It is rather remarkable that, while on one fide of the Atlantic, my conduct on this poft was produced, as a proof of military attention; it was induftriously circulated, on the other fide, that I was continually drunk,-a fituation rather incon- venient among the rocks, woods and precipices, here mentioned. ( 56 ) A. You have always been on the very best terms with every officer of the regiment, from the Colonel to the Enfign, and was highly efteemed and refpected by all the field officers, under whom you ferved, Lieut. Col. Cockburn excepted. You have always paid the utmoft re- fpect to your fuperior officers. vogns maling Q. Did I ever mention to you my reafons for declining the regimental parades? and if fo, what were they?daislada no incomo naval A. You told me that it was well known, on your being appointed Major, you fhewed every intention, in your power, to be on a good footing, with Lieut. Colonel Cockburn; but finding it. morally impoffible, and that Colonel Cockburn. had not behaved to you in a manner that a Lieut. Colonel fhould do to a Major, you declined at- tending parades, left the men, in particular, fhould obferve any difagreeable altercations, be- tween the Li Colonel and the Major. Q. From the Profecutor, Lieutenant Colonel Cockburn, to the Deponent.-Was it by fuperior. merit, as an officer, or weight of money, that Major Drewe happened to be put over your head? A. I flatter myfelf, without the leaft vanity, that neither the world, nor Major Drewe himfelf, ever looked on it, that his fervices could be put in competition with mine, in any refpect. And Major Drewe, after being appointed, took the earliest opportunity to wait on me on board fhip, Gand ( 57 ) and spoke to me in the moft polite and genteel manner; obferving how much it hurt him, in one fenfe, to have come over me, for many reafons, which he then mentioned. It is well known Mr. Drewe gave an uncommon great fum for his commiffion. darbas mid no si roide Q. As you feem fo thoroughly well fatisfied with Major Drewe's conduct on the hills; do you recollect, on your being relieved, having reported to me fomething about killing of a cow on thofe hills, at which you feemed diffatisfied with the Major's conduct? o mojeM lub bas v op A. I did not at all complain or disapprove of Major Dreew's having ordered the cow to be killed, in confequence of the manner fhe was brought to my poft, which I fully reported to him; but I expreffed my difpleafure to Lieutenant Colonel Cockburn, at a note Major Drewe wrote me, in confequence of the diftribution of the cow; as I had fome reafon to believe, Lieut. Colonel Cockburn was acquainted with the killing of the cow beforehand oot dom vo V Q. Whether you ever expreffed yourſelf to me, at any time, how grievous or lamentable it was, to fee fo poor a creature as the prifoner, in poffeffion of the rank of Major; or words to that effect? MIAT I io awA. I ne- This is the ftory of the cow.-A cow frightened by a party Captain Fitzgerald fent out for water, fell, and broke her leg. It was reported to me; and at the repeated inter- ceffion of my officers, I killed her, and gave a Christmas dinner to the brave fellows who ferved under me. ( 58 ) IA. A. I never did, to the beft of my recollection, exprefs myſelf in that diſreſpectful manner of Major Drewe. emo Q. Since Major Drewe has been in arreft, did you ever tell me, he deferved it all, that he brought it on himſelf, and that the world would acquit me of any intended malice towards him? A. I declare I did not. 2owsta toj ibiw CAPTAIN CAMPBELL, of his Majefty's 35th regiment of foot, being called on by the Prifoner, Major Drewe, and duly fworn, the queftion was put. b to nislames is the Bib Q. Fron. the time you first knew me, what has been my conduct, as an officer and a gentleman? A. I never knew any thing in prejudice of character, before the prefent misfortunes on the ifland of St. Lucia. your Q. Have not I always lived on the beſt terms with my officers, and paid the utmoſt refpect to my commanding officer? odolo A. Very much fo, to the beft of my knowledge, and I never heard any thing to the contrary. Q. When I commanded the detachment on the Heights of the Cul-de-Sac, was my conduct that of a good and active officer? A. It was t. ght wos A-wos. bit too 36 s CAPTAIN art + Captain Campbell's evidence in my favor is the more re- markable, fince he was the eldest Lieutenant in the regiment, when I first came into the army. bailid I Botal of ( 59 ) Belloday of I Taken CAPTAIN MCALLISTER called on. fick. CAPTAIN MASSEY, of his Majefty's 35th regiment, already fworn, being called on by the Prifoner, Major Drewe, the queftion was put. Q. What has been my conduct, as an officer, fince my entering the army, to the beft of your knowledge? A. Unexceptionable, exclufive of the accufa- tions now exhibited against you. Q. Have not I taken every opportunity of feeking occafions to be diftinguished? and did I ever murmur at any duty I was ordered on? A. You have fought every occafion to be dif- tinguiſhed, and ever did your duty with fpirit, pleafure, alacrity, and attention. Q. Did ever I affign to you my reafons for declining the parades? and, if I did, what were they? A. You did; and faid that Lieutenant Colonel Cockburn's ill treatment of you, was fuch, at the head of the regiment, that you would not put yourſelf in like fituation again; but would inform the Commander in Chief, on his arrival, of your motives for declining thofe parades, and the duty of the regiment. Q. Do you recollect the Lieutenant Colonel's ordering me to put the regiment through the manual exercife? I 2 A. I do ( 60 ) A. I do recollect it. Q. Was his manner fuch as is generally uſed by one field officer to another, on a public parade? A. Certainly not. Q. Did you ever hear the Lieutenant Colonel, at the public parade, fpeak of me in a manner, tending to leffen my authority with the officers and men? UA, I can give one inftance where he did. som Q. What was it? A. The time I cannot be pofitive of; but, one evening, on the regiment's parade, foon after the companies were reported, the Lieutenant Colonel, in a haughty, imperious, and overbearing manner, unneceffarily loud, as the two field officers were near each other, defired the Major to put the re-i giment through the manual exercife. I was on the right of my company, which is the right of the regiment, the light infantry excepted, the diftance fuch, that, as the Major did not reply near fo loud as he was addreffed, I did not hear his anfwer. The Lieutenant Colonel faid, he was forry there fhould be fuch a Major to the 35th re- giment, and fomething more, which I could not hear diftinctly. Q. From the Profecutor, Lieutenant Colonel Cockburn, to the Deponent.-Have you not been with the grenadier company fince the beginning of 1777, during which time Major Drewe has been with the battalion ? A. I have ( 61 ) A. I have had the honor of commanding the grenadier company, from early in 1777, but I do not know, whether Major Drewe was with the battalion all that time, or not. Q. On the evening, on the parade which you allude to, did the Major put the battalion through the manual exercife, according to my order? A. He did not. 1 ust.I Q. Was Major Drewe or I neareſt to you, on the parade? Jo Map 1 A. I did not pay attention who was neareſt me. You were near each other*. LATS CAPTAIN SMELT, of his Majefty's 35th regiment of foot, already fworn, being called on by the Prifoner, Major Drewe, the queftion was put. Q. From the time you first knew me, to the prefent unfortunate moment, how ftood my cha- racter, as an officer and a gentleman? A. I always thought you was fpirited and zealous as an officer; and never had any reafon to think you other than a gentleman. CAPTAIN WHEELER, of his Majefty's 35th regiment of foot, already fworn, being called on by the Prifoner, Major Drewe, the queftion was put. Q. From I ferved under Captain Maffey as junior Lieutenant of light infantry, got the very company he wifhed to purchafe In the battalion, and exchanged into the light infantry again over his head, on the very eve of action. mo ( 62 ) Q. From the time you first knew me, what has been my conduct as an officer? A. Your conduct has been that of an attentive, good and diligent officer.om seda lle nolated Q. Have you ever been in company with me, before this breach between the Lieut. Colonel and myſelf, when, on fome converfation arifing, to the prejudice of Lieut. Col. Cockburn's cha racter, I faid I must quit the room; for, as a field officer of the regiment, I could not hear it? A. I have. CAPTAIN WILLIAMS, of his Majefty's 35th regiment of foot, being called on by the Prifoner, Major Drewe, and duly fworn, the queftion was put. Q. What has been my character, in general, as an officer and gentleman, fince you have known me? A. As a gentleman, I know nothing against you. As an officer, I do not think you have ac- quitted yourſelf as you ought to have done. Q. Do you know any thing to my know any thing to my difadvantage, as an officer, prior to my coming on this ifland? A. I did. I think you did not act as a com- manding officer fhould do, coming here on board the tranfport. CAPTAIN LAMB, of his Majefty's 35th re- giment of foot, already fworn, being called on by the Prifoner, Major Drewe, the queftion was put. Q. From ( 63 ) Q. From the first time you knew me, until my coming on this ifland, what was my character as a gentleman and an officer? up to A. You always conducted yourſelf as a gentle- man. As an officer, I never heard any thing against you. When we embarked from New- York, I was furprifed at fome things that hap- pened on board the fhip, in which I was*. nomi Q. What meffage did you, as Adjutant, bring me, the morning after the evening on which I had put the regiment through the manual exercife, sin obedience to an order given two days prior to that? A. Lieutenant Colonel Cockburn gives his compliments to you, and defires you would not attempt to put the regiment through the manual exercife, when he is abfent; when he is prefent, he will give you a full fcope, to do as you think proper; or words to that purpofe. yao viupo to cblow bus amol of I have gone through my evidences. I fhall make no obfervations on their teftimony. The judgment of this Court, I have the firmeft re- liance on. I fhall, however, beg leave to addrefs you, Gentlemen, once more, before I close my defence. yor bic 619 Bos yo abas no of You அம்ர் To the evidence of Captain Williams, fee laft page, I contraft that of Lieutenant Eyre, who nobly owns himself in fault. What Captain Lamb meant, I neither know, nor did I take up the patience of the Court with enquiring. There is no man's conduct without faults, or fuch, at leaft, as may appear fo, to one of a different mode of thinking. ( 64 ) You well know, Gentlemen, that, in law courts, where the letter of it is more attended to, than in courts of equity, the act of putting a man to death is divided into three claffes, ivizo murder, manflaughter, and chance-medley. The act is the fame, but the penalty is different. Again, in actions of robbery, he who breaks a lock, to get at money, is a robber, but he who takes it out of an open drawer, where he has feen it depofited, is only guilty of a breach of truft: The crime is the fame, taking another man's property; but the penalty is different. The Court knows on what this diftinction is founded. The fact re- mains the fame, but the intention of the perfon who committed it, either heightens or leffens its criminality.nsdyr Shall we then fuppofe, that a Court, profeffedly of equity only, fhould be more strictly tied down to forms and words, than one which profeffes to be governed by them? Is no latitude to be allowed to this Court, in giving or mitigating fentence? Do you imagine that the wisdom of a British parliament, when it framed an Act for the better Regulation of the Army, intended it as a pitfall for the unwary? Did they wish it fhould be a vehicle for private picque, to obtain ends by, and force zealous offi- cers in the vigour of life, from their country's fervice, on the commencement of a moft important war, and that, for committing a few breaches of form only? Shall a man, whofe mind is employed arida in ( 65 ) in acquiring occafions to practice the art of war, fall by the wording of the articles of war? Or could Parliament ever intend that my vifiting a fleet, which protected an inactive poft, fhould be conftrued into deferting that poft? That my fleep- ing, within my fentries, fhould be conftrued fleep- ing out of quarters, becauſe I did not immediately fleep in my barrack room? Did it intend I fhould be dragged here like a coward, for quitting my ſtation, in the moment I was petitioning for a more active one? Did the wifdom of British Par- liament intend, that my leaving my room, after a long confinement, to take the air at a little diftance, and that too within the fentries of the garrifon, fhould be conftrued into breaking my arreft, though in a country where confinement is often fatal? However the articles are worded, You cannot, Gentlemen, fuppofe, that the legifla- ture intended the Spirit fhould be fo underſtood. Examples are neceffary. True. But not fuch examples, as may hereafter deter men of honour and reafon from embracing fo precarious a pro- feffion. An officer of character, Gentlemen, may be compared to an oak: In a very fhort fpace of time its honours may be levelled with the duft, and its root be grubbed up; but it may be the work of years, ere the young oak, that fupplies its place, will afford the comfortable fhade of that which the axe of the woodman has laid low. K GENTLEMEN, ( 66 ) GENTLEMEN, I hear the 35th is to be drafted; in what ſtate then am I? My laft return to my native home was crowned with applaufe and ho- nours! and, now, perhaps the curtain is foon to drop, which may fhut them for ever from my eyes. Confcious of an upright heart, I can bear any ftroke of fortune, but I have two venerable parents, whofe decaying years are cheered with the honor of their fon; and who, whilft I ftand before you a criminal, are, perhaps, preparing my welcome to that home, where I never may return. I fhall take up your time no longer. To you I trust my ALL, with the moft perfect confidence. my If it fhall appear to you, that the faults of a moment muft counterballance all my zealous fer- vice, I fhall retire with refignation to oblivion; happy if my fervices have been acceptable to my country! May it find an abler man to fill my place; and one who is equally attached to it! But, if you fhould rather judge, that faults were venial, unintentional, nay meant, in fome meaſure, for the public good; you will then, I doubt not, do juftice to a foldier, who has been driven into inadvertence by perfecution, and who, under any liberal command, would have been as attentive to interior difcipline, as he has been active in the field. Whatever my fate may be, I fhall ever retain the moft grateful fenfe of the patience and atten- tion of this Court. The (67) The Defence being clofed, the Court adjourned till to-morrow morning, at ten o'clock. Wednesday, the 31ft day of May. The Court having met, according to adjourn- ment, proceeded; when the Profecutor, Lieutenant Colonel Cockburn, having demanded to reply, depofed, That the Prifoner was appointed Enfign in the regiment about February, 1769, fome time after the regiment had arrived in Ireland; in 1773, the March following, a fucceffion in the regiment was recommended by the (then) Lieutenant Colonel Allen, from the Majority downwards. In this fucceffion, Lieutenant Maffey, now Captain, de- clared himſelf purchafer of the company; but, on the commiffion coming over to Ireland, Mr. Maffey found he could not raife the money, and requested the Commanding Officer to intereft himſelf with the Lord Lieutenant, not to publifh thofe commiffions; for, if they had been publifhed, he would of courfe been out of the army, by being obliged to put up that company to fale. The Commanding Officer did fo, and was told by the Lord Lieutenant, that, as the Lieutenancy and Enfigncy, in that fucceffion, could not be removed, it was neceffary to find out fome other Lieutenant in the regiment, who could purchafe. Confequent- K 2 ly ( 68 ) ly, as the Prifoner was the firſt who had money, as fuch only he was recommended. He was Lieute- nant in my company for fome time; and the neg- lects, and inattentions, at that time, did I look over; imputing them entirely to his levity, and want of thought. Nay, fince I have had the ho- nour of commanding the regiment, whilft he was a Captain, has he often neglected, and difobeyed orders, in the care of his company, and attend- ance on parades; which I alfo looked over, not without fpeaking to him about it. But, when he arrived at his prefent elevated rank, I was hopeful the ſcene would have changed. The regiment arrived at Bofton in June, 1775; and, there I did refign the light infantry company to the Prifoner, by the approbation of the, then, Commanding Officer, in confequence of the infir- mities I laboured under, from the gout having afflicted me for a year before, in both feet. At this time there was not a fufpicion of an approach- ing action. So far am I from taking off the me- rit of the Prifoner, or any man, that I wish always to add to it. The Prifoner did march that light infantry company, as their Captain, into the field, at Bunker's hill. He had the misfortune there, to be wounded in the multitude, and had the good fortune to recover from thofe wounds. us? 1 btdT Did he there difplay any judgment as an officer? No. Does a wound mark the merit of the officer? No. Yet, ever fince that day, it has been rung in Our ( 69 ) our ears, the military atchievements and exploits of that Captain Drewe; founding his whole mi- litary glory and atchievements on thofe accidental wounds he received; not fet forth by the, then, Commander in Chief, which would have been to the prejudice of fcores of more deferving officers prefent on that fpot. The Prefident of this ho- norable Court had, that day, the honor of com- manding his Majefty's 5th regiment: another member of this Court, Major Brown, there led on a company of light infantry; and many more officers were engaged that day, who were poffeffed of as much gallantry as the Prifoner could poffibly have been, and I will be bold to fay, of much more judgment. Some of thofe were wounded, others not; yet no public mention was made of any of them; the whole being engroffed by Cap- tain Drewe, who has obtained the freedom of his own city of Exeter for it. Thank God, every Britiſh foldier poffeffes true courage-Something more, I conceive, is required from the officer. I come As the Profecutor, in this part, feems inclined to leffen my little merit, in the only day where he allows me any credit, it is neceffary to obferve, that, if the Profecutor had no fuf- picion of an approaching action, he poffeffed not his ufual intelligence. It was in confequence of its well known approach, that I petitioned for his company. And, though I by no means wifh to leffen the credit of the gallant officers alluded to by him, yet, in juftice to myfelf, I may fuggeft, that they were all in the immediate line of their duty; but I volunteered that day, and for the Profecutor. ( 70 ) I come now to reply to that part of his Defence, wherein he charges me with intended malice, and that nothing would appeafe me but a Court- martial; this I deny moft folemnly. For in two letters which I wrote the Commander in Chief, on the fubject, will appear my intentions, in anfwer to notes he wrote to me. Thefe I beg leave to produce here. Lale SIR, (NUMBER I.) aid ST. LUCIA, 26th April, 1780. I HAD the honor of receiving your note, re- lative to Major Drewe, whofe mifconduct has given me much concern, as it has driven me to the neceffity of taking the part I have, merely for the fupport of the fervice. Jody Though the regiment has called upon me aloud, to affert its reputation and difcipline, which have been fo deeply wounded by him, yet I am willing to adopt any mild method that may be thought confif. tent, rather than have recourfe to a Court-martial. But, as he can never think of holding up his face again in the regiment, I am humbly of opinion, that the only alternative left is to fell; unless you are pleaſed to remove him to another corps.g I am too well acquainted, Sir, with your mili- tary juftice, ever to fuppofe, that you would grant that indulgence (leave of abfence) to officers who mifbehave, that has been denied to many deferv- ing ( 71 ) ing ones. Permit me to add, though with much pain I tell it, that Major Drewe the other night broke his arreft, in order to get drunk with a wretched man in his hut, that no other officer of the garrifon would condefcend to ſpeak to. I take leave to fubmit the whole affair to your decifion; perfuaded that, while you feel for the man, you will fupport the dignity of the fervice. I am, &c. His Excellency General Vaughan. SIR, (NUMBER II.) ST. LUCIA, 2d May, 1780. I had the honor of receiving your note yeſterday, and, as I took the liberty, in my laft letter to your Excellency, of humbly offering my opinion, re- fpecting Major Drewe, have nothing now to add, but to declare that I ever difliked Courts-martial. And fhould one happen on this occafion, I can with a clear confcience fay, it cannot be owing to me, having only acted in the line of my duty, free of all perfonal picque; by obferving which, I have no doubt of meeting, on every occafion, the approbation and fupport of my fuperiors. If St. Lucia has kept the whole army in hot water*, the world, I am confcious, will do me the * I am much obliged to the Lieutenant Colonel, for ge- nerously holding up to the Court a circumftance fo much in my favor, as the General's opinion of his conduct at St. Lucia, alluded to in this anfwer. ( 72 ) the juftice to fay, that I have not been inftrumen- tal; but, on the contrary, that St. Lucia has kept me in hot water. Permit me, Sir, to repeat what I told you in my laft; that I fubmit the whole affair to your de- cifion. Being, with the moft profound refpect and efteem, SIR, yours. His Excellency General Vaughan. After I had written thefe letters to the Com- mander in Chief, I received a fhort letter from the Prifoner, importing, that he wished to exchange into any other corps; this I fent to the Commander in Chief, with my official requeft, as Commanding Officer; to which I received no anfwer, but that of a Court-martial being ordered to fit. diss. The Prifoner, in his Defence, meanly infinuates, that I fcreened myfelf by my prerogative, from the effects of a challenge fent me by an officer; for which he was cafhiered. He does not acquaint the Court with the antecedent behaviour of that officer. I am above making ufe of fuch maſks. The Prifoner, in the courfe of his Defence, pofitively declares, that I have reprimanded him feveral times, without caufe. Why has he been fo mean to put up with all that; particularly when I told him, in private, I was his humble fervant, on all occafionst. He + The reader will judge how far this is probable, from the fate of the officer cafhiered for challenging the Profecutor. However, ( 73 ) He next fays, the cauſe of Lieutenant McDer- mott's giving in his refignation, was to pay his debts. I refer to the evidence in my Profecution, to prove the contrary. hold nad svar vs M 30 I perfectly agree with the Prifoner, that a liberal command of money, procured him his prefent rank. That, and that only has.no or to adgi In anfwer to what the Prifoner fays about my reprimanding him, on this hill, I do declare, I did reprimand him; and, if he wished for a Gene- ral Court-martial, I would then have indulged him, having fubject matter enough at that time, as I hope appears to this Court. At the interpo- fition of Captain Nixon, the prefent Deputy Judge Advocate, I dropped the affair, on the Prifoner's promifing to adopt a different line of conduct for the future. Whether he has kept his word in that point, I humbly fubmit to the Court.amigo do 50 In anfwer to that part of the Prifoner's Defence, I do declare, that one evening on the parade, I Lwollot od svih A did nog od ni dot to sellom However, as I had rafhly avowed I would take notice of thefe words, I applied to four feveral officers of rank and character, to carry a meffage to the Lieutenant Colonel. They all pru- dently declined it. At this inftant I received a letter from my father, commanding me, by all the ties of filial duty, to re- turn to Europe. I obeyed; convinced, at laft, that it was more proper to meet my fate with firmnefs, and explain my conduct to the public, than apparently to juftify the fentence paffed on me, by ending a life of honor, with an act of folly and defperation. nonobivo aids galley gaimo ( 74 ) did order him, as Major of the regiment, to put the regiment through the manual exercife; not in that manner which he and his evidence, Captain Maffey, have been pleafed to affert, as evidence I fhall call will prove*. I was then on the left of the regiment, whilft the Major was near on the right of the center; it was, therefore, neceffary I fhould give my orders aloud, though, I hope, like an officer and a gentleman. The Major's anfwer to me was, that I took him then unprepared, and that he was not then capable of performing it. My reply was, I was forry for it, for the fake of the 35th regiment. A few evenings after, I was engaged at home, with fome friends, and did not attend the parade; when I was binformed by ftrange officers, of the garrifon, as well as fome of our own, that the Major had attempted to put the regiment through the manual exercife, not with credit to himfelf, and with much prejudice to the regiment. This I felt, and therefore fent the Adjutant the following morning, with the meffage fet forth in the Prifoner's Defence. Slot to soiton set blnow I bowova viss bad I en veworl Barado bas day to somo levovat tual os boilaga 1 Mr. qin yadT Jesolo manesusi sit or og 182 01 * I was defired to queftion other evidence, to fupport Cap- tain Maffey's teftimony, but declined it, thinking that however Mr. McLeod, might be fkilled as a Surgeon, his knowledge of the method of delivering commands on a parade, could not counterpoife Captain Maffey's, in the opinion of the Court, I am fince forry, in juftice to Captain Maffey, that I declined calling this evidence. ( 75 ) eewer oiMeling ad mort Mr. NORMANT M'LEOD, Surgeon to the Royal Artillery, being duly fworn, the queftion was put by the Profecutor, Lieutenant Colonel Cockburn. 91 70 Jigis ovoda od son bino 1.A Q Was you prefent on the regimental parade of the 35th regiment, any evening, when you heard me give orders to Major Drewe bodas dad A. I was. factors to gbut ou Q. What were thofe orders? and in what man- ner did I deliver them? s annetusi.IllivsbasM A. If I recollect right, you firft defired Major Drewe to fee that the officers dreffed properly, which the Major did. You then came up to Ma jor Drewe, taking off your hat at the fame time, and begged he would put the regiment through the manual exercife. Major Drewe, anfwered, "Colonel Cockburn, you have taken me at una- wares, I am not now prepared, nor am I equal to the taſk.mmos hoed van num shivoo lo stol" Q. Do you recollect the diftance the Major was from me, when I gave him thofe orders ? horni " A. As near as I can guefs, about three or four yards. over I 11 dini yanmaths to yns Q. Did I iffue thofe orders in an overbearing, tys rannical manner? or did I iffue them, in your opini- on, as an officer and a gentleman fhould have done? A. I did not think you iffued your orders in a tyrannical manner; you delivered yourſelf in your ufual manner. L 2 Q. From (76) Drewe, to the Q. From the Prifoner, Major from the 1 diftance were you from the Lieutenant Colonel and me, when you heard the converfation between us to syd Jug W A. It could not be above eight or ten yards. Q. Did I not, on that very not, on that very parade, that even- ing, complain to you of the Lieutenant Colonel's harfh method? and did not you tell me, you were no judge of thofe Matters? A. I remember your coming to where Doctor Vand Mandeville, Lieutenant Edwards, and myſelf ftood, and defiring we would take notice of what paffed, but do not recollect faying, I knew nothing of thofe matters. bib noism or th soy To gaizto In reply to that part of the Prifoner's Defence, where he mentions, his having applied to General Vaughan, I anfwer from General Vaughan's own words," He was not acquainted with him; there- "fore of courſe muſt have been recommended to "him from the City of Exeter, or fome other << intereft." bio Sods nid Sve od mor I confefs I have no pretenfions to Corporation or Parliamentary intereft. If I have any, it has arifen from the courfe of thirty-three years unre- mitted fervice; and, whilft I do not difgrace my profeffion, I am fure of meeting with the fup- port of every good many and the approbation of my fuperiors; perfuaded that his Excellency Ge- neral ( 77 ) neral Vaughan, will be the firft man to ſtep forth in fuch a caufe. in flelege nguoid 299do om Ils 10 odine none brobst bi to binA in oda to CAPTAIN LAMB, of his Majefty's 35th re giment of foot, already fworn, being called on by the Profecutor, Lieutenant Colonel Cockburn, the queftion was put. To dos ni bosorbe Q. Have you ever declared, at any time, that Major Drewe had not acted, as an officer and gentleman, în many particulars Poles bas A. As an officer I have faid fo, as a gentleman I never did. DTIM 01530 buyingot MOXIИ WHOL CAPTAIN SMELT, of his Majefty's 35th re- giment of foot, already fworn, being called on by the Profecutor, Lieutenant Colonel Cockburn, the queſtion was put. Q. Did you ever declare, that Major Drewe had not acted like an officer and gentleman, in any refpect? A. I never recollect that I did. The Court adjourned to Friday next, the 2d of June. Friday, the 2d of June. El agar dies The COURT met, according to adjournment, and having maturely confidered the evidence againſt the Prifoner, and alfo what he had to fay in ( 78 ) in his Defence, is of OPINION, that he is guilty of all the charges brought against him, in breach of the fifth Article of the fecond Section of the Articles of War, and in breach of the fecond Article of the fourteenth Section, and the firft part of the fourth Article of the fourteenth Section, and in breach of the third Article of the twentieth Section, and of the twenty-fecond Article of the fifteenth Section of the Articles of War, and therefore fentence him to be Cafhiered. nemoitney a esot bist svar 1 13thon JOHN NIXON, ATA E. MITCHELL, bv I Deputy Judge Advocate. Lieut. Col. 27th Reg. Prefident. Juostor or yd uda woje dolash ni namaisnog bus Jug aaw noiftoup ods va boy bit offto na oil borbe ton bed A True Copy.991 1990 J. A. OLDHAM.T To Judge Advocate's Office, 29th Nov. 1780. amuojbe o gaibroos 15m annobiva od borobilnos viem gaivan bas yat os bar od saw olla basenoted hangs APPENDIX. P APPENDIX. APPENDIX. No. I. E XO N. IN CHAMBER, 23d NOVEMBER, 1775. ORDERED, THAT HAT the Freedom of this City be prefented to ED- WARD DREWE, Efq; Captain in his Majefty's 35th regiment of foot, for his late GALLANT BEHAVIOUR IN AMERICA; and, that Mr. Town Clerk do acquaint him with this Refolution. Jueli won' id HEN. LEY, Town Clerk. I Janolo By Order of Chamber. of Mi CAPTAIN DREWE's ANSWER. CAPTAIN I MUST intreat you, Sir, to prefent my moft grateful thanks to the Mayor and Chamber of Exeter, for the great M and (82) and unexpected Compliment they have paid me. I am happy that, in executing the Duty of a Soldier, I have merited their approbation; and, though I can claim no praife, but what is fhared in common with the Britiſh army in America, yet I cannot but feel myfelf elated by this tefti- mony of efteem, from my native city. I am, &c. &c. To Henry Ley, Efq. * * No. II. 0 Extract of a letter from Bofton, by a PERSON OF CONSEQUENCE. I HEAR Captain Drewe is going to England for the recovery of his health. He behaved moft nobly, at Bunker's hill, with conduct and true bravery. He was wounded in five places, but bore his pains and long confinement with the greateft refignation and fortitude of mind; and I fincerely wifh him life to enjoy the praifes due to his great merit. noituloleid die X Extract of a letter from Lieutenant, now Lieut. Colonel, SIMCOE, to a Friend. ON the 17th of this month, the firft act of civil com- the first act of civil c An motion commenced. The fhip, I was in, was at fea; but, at a diftance, we heard the found of cannon, and, at mid- 1918 at 101 10x to odmed bus roy xd to admed bus toy Made of inert night, M bas ( 83 ) night, faw two diftinct columns of fire afcending. In this horrid ftate, well knowing we were the laft of the fleet, ignorant whether Bofton or fome hoftile town was in flames, were we kept for two days. When we anchored, we faw Charles-Town burnt to afhes, and found our army had been engaged; that our troops were victorious, but that the victory was ruinous to our beſt foldiers, and particularly fo to our officers, ninety-two of whom were killed and wounded. The lofs fell heavy on the flank companies of our regiment. Drewe commanded the light infantry; exerting himfelf, at the head of that fine company, he re- ceived three fhots through him, one in the fhoulder, one in the bend of the thigh, the other through his foot. He alfo received two contufions, and his fhoulder was diflocated. Maffey is fhot through the thigh, but fays, it is as well to be merry as fad. Poor Bard was the third officer of the company. He was killed, fpeaking to Drewe. His dying words were, "I with fuccefs to the 35th; only fay I be- "haved as became a foldier." The ferjeants and corporals of this heroic company were wounded, when the eldeft foldier led the remaining five, in purfuit of the routed rebels. The grenadiers equalled their brethren, and, I fear, were as unfortunate. The brave and noble fpirited Captain Lyon, is dangerously wounded; and, to aggravate the misfortune, his wife, now with child, a moft amiable woman, is attend- ing on him. Both his Lieutenants were wounded. The lofs we have fuftained, in the moft warm and defperate action America ever knew, draws tears from every eye interefted for brave and unfortunate fpirits. Had I time to 66 M 2 enumerate ( 84 ) enumerate to you the many inftances which the foldiers of our companies, alone, afforded of the moft generous exertions of love, fidelity, and veneration for their officers, and of the glowing, yet temperate refolution of thefe officers, your tears would be thofe of triumph, and you would confefs, that, in war alone, human nature is capable of the moft godlike exertions. I think you will believe me abftracted from friendſhip, when I fay, that I never heard of more courage and coolness than Drewe difplayed on that day; and his fpirits are, even now, fuperior to any thing you can conceive. N. B. I have preferved this long extract, not meerly on my own account, but in juftice to the feelings of the writer, and the characters of the officers, celebrated in it; yet, I wifh the reader would compare the tefti- monies he has feen, with the Lieutenant Colonel's reluctant mention of my conduct on that day. I have many authentic teftimonies to prove an unvaried fyftem of enterprize, from that day onward; but it is well known to every General with whom I ferved, therefore I fhall confine myfelf, in this Appendix, to the papers alluded to in my defence. Ward STATE ( 85 ) STATE of the LIGHT COMPANY of the 35th. Bofton Camp, June 30, 1775: In the FIELD, June 17. 1 Captain, 2 Lieutenants, 1 Volunteer, 2 Serjeants, I Drummer, 30 Privates.-Total 38. Corporal, Killed. Lieutenant Bard John Baxter Alexander Douglas Edward Driver William Jones Wounded. Captain Drewe Efcaped unwounded. Lieut. Maffey Volunteer Madden, dead of his wounds Serjeants-Knowles and Poulton Corporal Nodder Drummer Rufs Jofeph Nicholls Edward Odiam David Sharp Samuel Smallwood Thomas Adams, John Size Total 10 Ralph Becket John Henly William Leary Total 3 dead of wounds Richard Binch, dead of wounds Peter Collier Abraham Dukes Richard Edny, dead of wounds Timothy Henry William James Jofeph Lucas William Langfdale, dead of wounds James Morgan Thomas Payne Daniel Parnell James Preddy John Roebuck Henry Rollett John Rumble Robert Tomlin Henry Townfhend Total 25 No. III. ( 86 ) SIR, * No. III. * ATE To Major-General CAMPBELL. Exeter, Feb. 26, 1776. I HAVE received yours, and, tho' I am obliged to you for the care you exprefs for my health, in appointing me to the additional company, am forry that I cannot accept of it, confiftently with my character, as a foldier. character, as a foldier. Tis true, I feel a great weaknefs in my leg, which incapacitates me from the active duty of the light company, but, by no means, from the more steady marches of the battalion. At a time when the juft rights of my country call for a vigorous fupport, I cannot refuſe it my little fervices, but at the expence of my prefent character, my future reputation, and the juftice I owe to fociety. I muft therefore decline all exchange with Capt. Campbell, fince I am determined to merit your efteem, by placing my conduct above the neceffity of explanation. I am, &c. No. IV. SIR, To Lieutenant-Colonel COCKBURN. St. Lucia, Aug. 2, 1779. THE Adjutant waits on you, by my order, to defire you will aufwer the following queftions. Firft. Do you remember your telling me yefterday, that I neglected my duty on this ifland, and was every way unfit for the command I bear? Secondly. ( 87 ) Secondly. If you remember this accufation, will you fupport it before a General Court-martial, which I fhall, in that cafe, defire on my conduct? I am, &c. * * 甜 ​* No. V. Beqtor s ever I blac A To Lieutenant-Colonel COCKBURN SIR, VI RECEIVED your meffage by the Adjutant, implying that, if I would wait on you, you would anfwer any question you!!! to my has been, wi I fhould ask you. Refpect to my fuperior officer dictates compliance; but I muft beg leave to decline any perfonal interview, from the little profpect I entertain of reconciling fuch different opir.ions. You conceiving that I have neglected dobaving my duty, and I, upon my honor, not having found fufficient employment for an officer of my rank, fince the capitulation of the island. As every interview between us has been, with- out exception, accompanied by undeferved reprimands, on your fide, attended by a harfhnefs of manner, which has almoft ftaggered my obedience, I have no hopes that this will be more friendly; and I now honeftly declare, that this treatment has of- ten prevented my perfonally paying my refpects to you. Your reprimanding me yefterday, on my whole conduct, in a con- verfation ftarted on an indifferent fubject, your cruelly attri- buting my long illnefs to malingering, and the contempt you expreffed for my rank, make it, at laft, neceffary to fupport both that, and my character. This ( 88 ) This attack on my conduct, Sir, was not the fudden effect of paffion. It has repeatedly happened; and, as I may be open to charges laid againft me hereafter, I wish to have my character now cleared up, while I have the evidence of many in my favor, which difeafe or the chance of war may deprive me of. you, I fhall take I have a refpect for you, as my commanding officer; and, could you have thrown off thefe groundlefs jealoufies, of my oppofing you, we might have been on the moft cordial foot- ing. As a foldier, you will avow, in public, what you have fo repeatedly told me, in private. If I hear nothing from I fhall take it for granted, that you mean to fupport the charge, and apply to-morrow to the Brigadier-General for an enquiry. What will then appear againft me I know not; but, at prefent, I cannot accufe myſelf of any neglect what foever, on this ifland, much lefs of any intentional difrefpect character, to your command, which, your having miſtaken my has made you too often conceive, to our mutual anxiety and to diftruft. SOY ROebnaming bovistsband I am, &c. slomla and dow punem to vd babura stoin sd * *od o* * -10 and inc I bus ylbash SIR, No. VI. To Lieutenant-Colonel CoCKBURN. TO, bajdut ter bal I HAVE received a fecond meffage, by the Serjeant- Major; and muft again decline any interview, for the rea- fons mentioned in my laft; but, if your inclinations coincide with mine that the affair fhould be calmly talked over, in 699 the ( 89 ) the prefence of a friend or two, and in this way that confi- dence reftored, which fhould reign between the field officers of a regiment, I am ready to wait on you, and will bring, On my on fide, Captain Nixon of the 49th regiment, a man not biafs'd, I hope, on either fide. But, if thefe are not your intentions, my reputation forces me to decline all inter- view, and to abide by my former refolve, let what will be om alors the confequence. I am, &c. N. B. The affair was compromifed by Captain Nixon's means, and a general amnefty paffed on both fides, as mentioned in my defence. * * soitegul toy do fasgiat * SIR,. AS No. VII. To Lieutenant-Colonel CoCKBURN. my conduct, laft night, may require fome explana- tion, I here give it you. I do not believe that any officer, who had never put a regiment thro' its exercife, taken alfo unawares, without previous notice, and without having feen this exercife prac- tifed for near two years, could do it readily, without omitting fome of the little forms. Tho' unprepared for the tafk, I fhould however have obeyed you laft night, had not your whole manner indicated, that you was determined to take advantage of the leaft error, to expofe me to the Gentlemen, N who ( 90 ) who were ſpectators of our Parade. I fhall prepare to com- ply with your orders, when next called on; I muft however take leave to tell you, that, in executing this or any other order, I fhall confider myfelf, indeed, as a fervant of the pub- lic, appointed to act under you, but my rank and perfonal fpirit, Sir, will not permit me to fubject myfelf to the caprice of any man under heaven. I am now, Sir, ready to put the regiment thro' thofe mo- tions your abrupt manner prevented my doing yeſterday, tho' perhaps, as my firft attempt, imperfectly; I therefore expect private advice and inftruction, not public fhame and repri- mand.While you treat me with the civility due to a gentleman, you fhall never, from me, experience any dif- refpect to your fuperior rank. * * I am, &c. No. VIII. * To General VAUGHAN, on his arrival in the SIR, berl Weft-Indies. Jon cb EMBOLDENED by Lord Lifburne's favourable men- tion of me, and your own enterprizing character, I take the liberty of addreffing you on a fubject, in which much of my future peace of mind is concerned. My fituation in life is not unknown to you, nor my love for my profeffion, yet I have remained inactive fince the capture of this ifland, and am perhaps ftill deftined to remain fo, while you carry on your (( 91 )) your conquefts in this country. This reflection imbitters every moment. I know a defenfive poft is an honourable one, but it is fo in an inferior degree. It may fuit a mere duty foldier, but never one of enterprize and ambition. I did not enter the fervice, Sir, from a rafh levity of difpofi- tion, but with a refolution to attain the higheft rank in my profeffion. The experience I may gain, under your com- mand, may render me, on a future day, ufeful to my coun- try. The lofs of it cannot be repaired. Let me, then, entreat you, Sir, by all the feelings of a foldier, not to fen- tence me again to banishment, without glory. If the 35th regiment remain on this ifland, at leaft permit me to ac- company you. I do not prefume to intrude myfelf on you, in preference to many excellent officers now in employ. I' wish to attend on your perfon, without pay or precedence." I will ferve as a Junior Major in any flank corps, or accept of any poft, without confulting my rank, if I may but attend you in the army. At leaft, Sir, permit me to go with it as a volunteer. There may be times when my little experi- ence and perfonal example, tho' unattended with command, may render me of more fervice, than attending a thoufand trifling parades at St. Lucia. I have had, Sir, the good opinion of all the General officers, under whom I have ferved. Brigadier Meadows applied for me, as fecond Major of Grenadiers in the Weft-Indies, tho' unacquainted with my perfon; and, if any recommendation is further wanted, I am the darling friend of Simcoe. Jort I have the honor to be, &c. &c. floopot tontol N 2 N. B. My (( 92 )) N. B. My letter, applying for the command, in fecond, old of the grenadiers, againft St. Vincent's, is unfortu tunately loft. The General received it favourably. I That evening, a French fleet entered Martinique, and zena jon bib o put a flop to the expedition. vo ai da us of poitrioles flodgid iw sud nois * * * * * * αποίκολους lal No. IX. No. IX.mobi yamybo botinget ad sonia To General VAUGHAN. SIR,lg tu Y Jasmined of rings of somet MAY I intreat your indulgence for the laft letter, I fhall, perhaps, trouble you with? Your Excellency's favorable reception of my application for the grenadiers, gives me hopes, that you may one day call me forth to view. But, alas! Sir, the profpect is far diftant, and I am, again, given up to the malice of my enemies, with the additional aggravation of be ing thought a man, whofe conduct you have approved, whofe fervices were acceptable to you, and whofe difappointment, of courfe, they wish to render more bitter. If my ftaying in this garrifon could be of any material fervice, I fhould acquiefce, without a murmur. But, Sir, having tried every method reafon and honour could dictate, to keep on terms with my Lieutenant Colonel, even until I was at variance with officers, by whom I was once univerfally beloved, I have given up fo extravagant a hope; and, unwilling to let the regiment fee publicly a difagreement between thofe who fhould be united, have declined all parades and all command. Now, Sir, let me again repeat my former requeft. Is it M in ( 93 ) in your power to give me any employment, under you? Will your Excellency accept of me as an extra Aid- du Camp? My little independance puts me above the idea of pay. I do not expect to carry difpatches, in pre- ference to your eſtabliſhed Aids-du-Camp. I willingly de- cline the pomp of rank, in favor of any poft you may koin appoint me to. My wifh is, to convince you how much my military ardor is tempered with obedience; and, under your friendly fhelter, to recover fufficient peace of mind, and warmth of emulation, to juftify any command you may, hereafter, entruſt me with. 1510 This letter, Sir, is not a letter written from oftentation. My foul lives in every fentence of it. You have much, Sir, in your power; I am fure you will not damp thofe hopes I have placed in your protection. You will not fen- tence an active and feeling fpirit, again, to exile and oblivion.gads * I have the honor to be, &c. &c. of lym * * * boold No. X. To General VAUGHAN. ed of honor aft 1979 90 101 dgien,boitoy SIR, od art over Boyne, off St. Lucia. AS your many important concerns have prevented me from unbofoming myfelf to you, at the interview I fought for, fo freely and uninterruptedly as I could with, I beg your pardon for doing it, once more, by letter. I meant to have informed your Excellency, that I, unhappily, differ in fentiment dug (94) this 23 fentiment both from Sir H. Calder, and Lieutenant Colonel Cockburn. I blame no one, but, our manners do not blend well together. This garrifon is rent with divifions; more particularly the 35th regiment. I wish to form no party, but to have fome honorable caufe of withdrawing from a fcene, where I can reap little glory. My military ardor is checked, and a fpirit depreffed, which feeks no enemies, but his country's. Freſh altercations bave fprung up fince I had laft the honor of addreffing myfelf to you. I came here, then, once more, in hopes that you would accept my offer of ferving you, in any capacity, without regard to rank, pay, or precedence. My return to the island will load me with difappointment; and, I fear, from my too fanguine wifhes, I have laid myfelf fomewhat open to cenfure, fince I find that, fome time after I failed, I was in orders as mem- ber of a General Court martial. But I hope, Sir, you will excufe me, if I fay, that, rather than again fubject myfelf to my former command, I would exchange a com- miffion, purchafed with the peace of my parents, my own blood, and the enormous price of four thoufand guineas, for one, even in any new corps; nay, in a more tranquil period, might be almoft tempted to refign every view in my once favourite profeffion. 12- OT I have the honor to be, &c. &c. eqmi yasm toy dN. B. The Adjutant General was fent to me; I dined god with General Vaughan, and had every hope of employ- oment held out to me, when any thing fell, worth the acceptance of a man of my rank. The General put ( 95 ) put to fea with Admiral Rodney. I returned to St. Lucia, and was put in arreft. * * No. XI. * * 10M OT Y To General VAUGHAN, on his return from the motni stone orite fea fight. hole iw no? SIR, nibach introl ym I CONGRATULATE you on your fafety. I am forry to inform you, that I am under an arreft for neglect of duty. I have fome time fince acquainted you with my rea- fons for declining duty, to prevent the regiment's perceiving any coldness between me, and my Lieutenant-Colonel. This blow is doubly cruel. Little am I concerned for my commiffion, in a fervice, embittered by difappointment; yet, the idea of being charged with a crime will ruin my fame at home, and bring my Parents hairs with forrow to the grave. I have offered the Lieutenant-Colonel to exchange, to leave him and let all be forgotten. I throw myself entirely on you, hoping you will ward this ftroke, and permit me to exchange into the 40th, if the vacancy be open. My con- duct, there, will, I truft, convince you, that your interven- tion, in my favor, has not been mifapplied; but, when you confider that I am the third officer of this diftracted regiment, who has been brought before a court-martial, in the ſhort fpace of twelve months, you may perhaps fuppofe, that there are other faults, than thefe of, Sir, &c. &c. No. XII. To ( 96 ) * No. XII. To Major FERGUSON, Adjutant-General. SIR, I HAVE received the inclofed crime, for breaking my arreft. You will pleafe to lay it before the General, inform- ing him, that the fact is of a fortnight's ftanding, and never denied by me; that it is no more than my having left my quarters, after it was dark, taken a few turns on the parade, for fresh air, and fupped with a poor crippled officer, at about twenty yards diftance. This too, when my arreft by no means pointed to my exclufion, from the liberty of the camp. Thus, Sir, my inveterate enemy leaves no ftone unturned for my undoing. You will pleafe to inform the General, alfo, that I have offered to make every honorable conceffion for my inadvertency, which fprung from my confidence he would remove me from the regiment; I am however told it is too late, but that the Lieutenant-Colonel had no ob- jection to my making an exchange. A court-martial will by no means turn out to my difcredit, when my whole con- duct fhall be called forth; but Cæfar's wife fhould not be fufpected. Tell him, that, while I was fupported by mili- tary hope, I put up with banishment: But now, my ardour checked, a prey to malice, cut off from my friends, from all profpect of rifing at home, and without the moft diftant one, that ever a true cordiality can take place, between the jarring officers of the 35th, my mind, naturally tender, gives way to my difappointment. If his Excellency will pleaſe to re- move ( 97 ) move me to the 40th regiment, or give me leave of abfence, till fuch time as he can find a removal, he will reſtore to the fervice, one e who had a more than common love for it. If not, will he ward the blow, which the Lieutenant Colonel means to level at me, and permit me, while my character is unimpaired, to retire into the peaceful bofom of my parents? I am, &c. &c. * * * * * riguod 20W 315 nousvid No. No. XIII. XIII. 9y9 351261 30 Deveiggs b Dear SIR, To Major FERGUSON. hoitab May 20th, 1780. I HAVE received yours, which has freed me from great diftraction of mind, by, at laft, fixing my affairs to a certainty. You will pleafe to acquaint the General of my moft grateful fenfe of his long interpofition in my favor, and affure him that my zeal to ferve under him, fhall not be leffened, fhould any fentence put it out of my power to llowb, MA.. fonts fhow it. Nothing but my tenderness for my parents could have prevented the world's knowing, that I deferve not the conftructions which are put upon my conduct, and, fhould it be poffible that I can fall a facrifice to forms, I beg he will not think unfavorably of me, as a real foldier. I have tried more for accommodation, than pride may permit fome men. Whatever is my fate, may my gracious mafter find an officer to fucceed me, who unites the phlegmatic regust siblol # larity 0 ( 98 ) larity of my perfecutor, with my difintereſted ſpirit of enterprize!..d isvors boit no off en amit do + I have written to Brigadier-General Calder, to beg time till the 25th, as, in full fecurity of an exchange, I am lefs prepared for my defence, than I was fix weeks ago. fonolo molod * N. B. The following letter, fent to General Vaughan, on the fhipwreck of Lieutenant Colonel Mitchell, in the great hurricane, will convince the reader how little my ruin was expected. Though it is the moft fingular letter ever pen'd by one in my fituation, yet it was read and approved of, by that gallant and generous man, COMMODORE HOTHAM, then commanding 68 on the Weft-India ftation. oil and doidy No. 189 o viso MAH I XIV. y lo que To General VAUGHAN. .vinístico Лоп beg olym ni noiñogotai Vengeance, off St. Lucia. SIR, ed for a mid 19b vist or s AMIDST the general deftruction, it might appear prefumptuous, to call your attention to the calamities of an individual, did not every ftroke of fortune, however feem- ingly unconnected with them, operate to diftrefs an unhappy man, who has been honoured with your Excellency's protec- tion. I will not dwell, Sir, on the purgatory I fuffered, before your arrival. It was done away, by your favorable val.it reception of tion of my application for the grenadiers. My cha- racter, then, flood in a diftinguiſhed light, as a citizen and Vinal a foldier (( 99 ) a foldier. Every profpect brightened to my view. Your Excellency well knows the reverfe of thefe profpects, from the exertion of that malice, which, even your generous in- terference, could not prevent. Four long months have I 12 awaited my fate, in fufpence, yet with refignation. Uncer- tain, if my prefent rank was fecure; certain, that my ab- fence and impriſonment had deftroyed ftrong hopes of my rifing in Europe; and dreading to reflect on the ruined peace of my moft amiable parents. I had yet hopes, Sir, that, if my commiffion was fecure, you might be inclined to ferve me, on fome future occafion; and, as I am the Second Major in the West Indies, thefe hopes might not have been diftant. But, alas! Sir, whilft, by a fatal and much regretted accident, the high commands of Lieutenant- Colonel and Quarter-mafter General are vacant, and my fate is, yet, in fufpence, an opening is made for junior! officers to come over me. A circumftance grateful to the malice of my foes, and deftructive of the only line of life I would purfue! On this approaching ruin of fame, for- tune, and every profpect, military and domeftic, permit me, Sir, to truft my all with you. Should you be inclined to ferve me, you will not, perhaps, be hafty in appointment- perhaps But I will not prefume to hint, what, in that cafe, may beft occur to your judgment and humanity. Permit me, however, to fay, that as your generous exertions in my favor, have, hitherto, fupported my mind, fo does my confidence in their continuance, under a flate of anxiety, which renders Col. Mitchell's unhappy fate almoft enviable. I have the honor to be, &c. &c. 02 No. XV ( 100 ) * * * No. XV. SIR, To Brigadier-General ST. LEGER. bed and nst I KNOW my unexampled fate, and am refigned to it. From you I have received every attention; let me in. treat one mark of it more. In return for SIX WOUNDS, FOUR THOUSAND GUINEAS, and the HIGH RANK OF FIELD OFFICER, perhaps one compenfation, the only one I have ever afked, will not, in the ftricteft fenfe of fervice, be denied me. There is a foldier who has long faithfully ferved me. In his ill ftate of health, he can be of no advantage to the re- giment. It will be a comfort to carry him into oblivion with me. Will you uſe your influence with the command- ing officer of the 35th regiment, that I may purchaſe his difcharge, at any price he may appoint? SIR, I am, &c. ANSWER. Nov. 29, 1780. IN Confequence of your letter, I applied to Lieutenant Colonel Cockburn. His anfwer was, he denied the fame thing to Captain Lamb, as being contrary to the regimental rule. ( 101 ) IOI rule. I am truly concerned at your unfortunate fituation, and am, Sir, Your moft obedient fervant, A. ST. LEGER. N. B. The foldier died foon after I left the iſland. * * * * No. XVI. Extract of a letter from SIR CHARLES GOULD, Judge Advocate General, to LORD AMHERST. Dated HORSE GUARDS, Sept. 21, 1780. I HAVE had the honor of laying thefe proceedings before the King, who has taken into his Royal confideration the feveral matters produced in evidence, wifhing to have difcovered fome ground for a mitigation of the fentence. He has commanded me to exprefs, that it is with much regret, having been informed of the Prifoner's fpirited behavior, and the wounds fuftained by him in the fervice of his country, as well as of his unimpeached character, as a gentleman, that his Majefty finds fome charges, and thofe but too clearly fupported by evidence, which render it indifpenfably neceffary, in point of example, and for the enforcing a ftrict obedience of difcipline, to difmifs the Prifoner, Edward Drewe, from his fervice, as Major of the 35th regiment of foot. No. XVII. (102) * * No. XVII. * THE following letter, in the hand writing of Lieutenant Colonel Cockburn, was intrufted to me by Lieutenant M'Dermott, fome time before his death. It will fhew how fair his character appeared, before the misfortunes which occafioned his imprudence, even to the Lieutenant Colonel. Lieutenant M'Dermott died while I was on board the fleet, in great want and mifery; and I had the melancholy confolation of knowing, that his laft prayers were offered up for me. To Colonel PATERSON, Adjutant-General. SIR, Brooklyn, Feb. 28, 1778. ENSIGN M'DERMOTT having informed me, that he is in treaty for a Lieutenancy in the 26th regiment, I have taken this liberty, at his particular defire, of acquaint- ing you, that his conduct, in the 35th, has been fuch as to merit every recommendation, in my power; and, therefore, I wish he may fucceed, on the prefent occafion. I have the honor to be, With perfect efteem, and warm wishes for your fafety, Sir, your moft obedient, and moft humble fervant, (A True Copy.) JAMES COCKBURN, Lieut. Col. 35th regiment of foot. FIN 1 S FRRATA. ADDRESS. Page ii, Line 6, for county read country for beleive read believe MINUTES. Page 9, Line 7, after 1778, for read, 15, • 13, and other places, for hutt read hut -29, 13, and other places, for Independance - - 38, - 38, • 45, - - read Independence 1, for in all his power read all in his power -21, for uow read now - - 6, for kuown read known - 57, - 14, for Dreew read Drewe - aid si lle bar swaq zid Ils ei o TOWOO WON BEST WOU C Drewe, Edward 1782 Dr =