Historical Newspapers of South Carolina

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trgimi r that you flic wild Bri an, * * ???.' w; said Review#, in eon tlie Mid Genfcra) Order of-the iber, 1825. ton --For that you the wild Bri r _ Bliwiw* havo habitually ne Itotrain, discipline and organize your to the great Injury of the service ioration of thcSrlgadr. CuARat 2.?Disotfcdience of order*. 1^-For that fop the aald Bri I ?the-aold 1925, In ?"t?5?L ire end Col. Arthur* 0;.r; (cation 2.?For that you the said Bri-. aencraj Erwin disobeyed the taid i Order of the 19th December, 1825, cting *o attend theMuster* and Re 'of the wild Regiments, held in confor Uathn 3*?For that you the wild Bri ienerel Erwin ditobcycd tho l)ivl Orders of Major General Youngblood, jed on tho 28th day of January, 1820, com mailing you to attend the Review* of the ttc^mcnta of j ? Shec{/tea (ton 4?For tliut you the said Bri gadier General Erwin diw>.>eycd the onfcr Y-- of the said Major General Youngbiood, di recting you to extend the DivUion Orders of * the 28th January, 1820, to Commandants of Regiments of your Brigade. The accused exceptcd to the fourth sped filiation of the first charge, because It was too ' general. The Court was cleared, and upon deliberation tho Court sustained the ex Regiments of your Brigade, and failed to at _ ie accusod moved for a j^btponement of JdMattrial, or account of the a?>*cncc Of Aloi > W IW^ and suggested-to the Court that |ie had furnish the Judge Advocate with ? ??.'ies Jn time io on him prc T vious to his goto* to the North. The Court being cleared, determined that ?MNWal, 11 ?S&Tn intern rgatorics vious to his goii ?0he Court bVPBBB C,v tho trial chould proceed, and that the affida f\ yfcofthe said Alon*o l>ay should be admit ted. The original GeaCrai 'Order,* of the ?> JVth December, 1825; wusrettd to th? Court, ; * end tha.State Gazette and Columbia '/Wc# Co/it wore produced Jo the Court, In which the above General Order was printed, the > first paper dated 24th Dcucmbev, 1825. Jfyor Edwards, a i?ltnrssfur the /trcsecu |t r tlon, ivum swum. t Question. Dp you know thatGen. Eft win was awure of the General Order of the 19th December, 1835. if so, state In what manner, you have arrived at that know ledge. , . sinnver. Witness thinks that early, in Fe bruary Ifuft, a con<ertatlon occurred between 'Geu.3snrT - and himself*--In which he (the \titnesa) said, ?** have you seen the General ?t Order for Ute Rcvlewa?" The accused an-, . sweicd no. lleihcnttok from his pocket a pieco cut. from ? newspaper containing the .Geneml Order. Theaccuwad asked witness If he intended It us an order to him. He an swered no?he hod no authority to give him ? utl yrder. The accused then it*ked witness if he conceived the Order sufficient for his Colonels. Witness said-he supposed Mt? The accused said he deemed t?\em sufficient If. Do you know that General Krwln (tend to his Colonels the General failed to extvftd to his Colon ' Order ot the 19th Dee. 1825 "I know the fuvt, fn for himself. Quest. " ' pxtend to his thi* tfilh l)w. UT from. Gen. Krwin having told me so. Geiierttl said to me he did not cofctcivu himself bound to extend flie enter. v The Counsel for thenctiued then asked the wHncts the following tjnestious on cross interrogatory? Quest. Is this the Copj^ou handed to Uic accused i I think it is. Quest. Do you i now think the copy onler Vondecl to (im. Erwin was a sufficient onler? ' sin*. IVwp s ikl that he did not think the order sufficient?ft was unmilitury. Had you uny right to extend the Que*. ?rdor? 1 ffM. I liiil m l Quert. Did you discover at that time, or i did Geo. Krwin* tint the order wan illegal f I dm. 1 did nut. <Jen. Erwln shewed me > the dtfcct'in (ho order within ten dayt p*?t, and since hi* uteit Quit*. Whcnce did you obtain that order?; I ? ,1ns. I cannot ?my where certainly * it it not a Charlctton print?my impression in, that I cut ft out of a newspaper. Quett. IMc? Gen- Knvin take cither of the Columbia papers ' x I jtna. I do not * now?but I think that Gen. I Erwin teld me he did. Qui *t. Have you acted often at Judge Ad* vueate I .In*, t do not knov? that 1 ever acted at Judge Advocate. Wt have often conducted defencet before Court* Martial. Ouctt. tn reply by the Judge Advocate? ft Did notOen. Erwln consider the order you ' delivered to hint ?? emanating'from the Com* ;nnr.d? r-!a ' hi? f ./M <?? !!. Krwin taid he deemed the or de/ sufficient for himself.. / ? Qutxl. Have the Columbia papers great lation In Barnwell*and How f?r from the t House doM Oeh, Krwin wide I, ft(" u. TheCo|?m?blapnprrt are moire taken OWhmh rt House. ? thelrro vifinity df . Hli, i, IkimIL OmCf DCri> - Erwin goes Seldom to the Conn ^cr* f?Woih yWts q?? Heading Room. MBHP.--- HHHPH PrJSStn^Beasm j4m, Does not know If it waj published In teKeamiM* _ ? CHy ww??w awm uvvimiviii ? triot circulate exclusively in the district. ColonelHowkl, a wit not fir thefiroatcu tion, wai then morn. Que*t.,What Regiment do yott command In the ;Bouth-Carolina Militia, and what Brigade > * An*i The 43d Rephnent In the 3d'Brigade. Quat. Did the General of the 3d Brigade extend toy 60 the General Order of the 10th December, 1825! n ???.'fie did not*. ... I Qur*t, It the accuscd the commandcr of the 3d Brigade f Ant./llu is, ? Que$t. How did you arrive' at e knowledge of the existence of the General Order f Art*. A paper ,wai handed to mo by a friend, D r. Bellh^er.J 1 ? Qui tt. How far do you Uvc front Gehernl Erwln ? - * An*. About five miles.' - Quc*e. Did you have any, and what con versation .with Gcp. Erwin in relation Jo the revfcw of your Regiment ? ; . ^ Ant. Hud a conversation with Gen. Erwin about the last of March, in which he (the wit ness) said lie had ordered ids Regiment out. The accuscd said, very well, you have acted well in doing so. Quest. Did not Gen. Erwln say to yen, that he had converted with the Governor at Co lumbia on the subject of the Review of bin Brigade t An*. He did not siy at Colun(M:t, (nor any where particularly,) but said he had u communication with the. Governor sometime in the winter, and said the Governor would review about the last of April. 4, Quett. Did you view that communication *u an order to you to order out yourReglmc-nt.* . An*. 1 did not. But GvW. Erwin stated in hi* letter 1 hud better hand my'fcvolutior.a to luy officers. . ?, QuetHon* by the accused on cross Int.rro '? "-'T- g*lory. - v^.-. Quest. Did you parade your Regiment fcr Review uUhiford'sBridrcen the 13thofMuyi An*. IdK' ' ' Quett. \V*rc tlve Hoit Offices'in your neighborhood deranged, at what time, and how long wore tnev ? An*. The Po*t Office above and below Gen. Erwin \s ere deranged, but do not know bow lonir. - ' - , \v. \ Quett. Wai tlie derangement during the but ^rlng? r t .in*, It was, and sometime in March. Qutit. Do vou1 ??d Gen. Erwin send to the same Post Offices ? "? An*. I do not know; ? Colonel ARTiiun, a'ivltne**Jbr the firotccx*' tlont em* then aworn. Quett. Dkl the Brigadier General of the 3d Bfigade Order ont the Regiment which you command, "for Review, In pursuance of j the General .Order of 19th December, 182J? j An* 1 received an order from Gen. Erwin, to that effect. Qu$tt. Did yr.ti not as a military man, deem Such anorder from the.Brigadier ne cessary, and why did you order y.our Regl niriit for review Y . An*. 1 anticipated an order from.General Erwin and thought myself authorised to or der out my Regiment from the General Or der as published. , Quett. Did you not wait some time for Gen. Kr win's order and hqwlong ? An*. I did not wait one moment. ; Que*. Have you not been in the habit of receiving from your Brigadier, orders for genertd review ? An*. 1 have never received no order for review from Gen. Erwln, and hu\c been in command al>out two years. Croat Interrogatory. Quett. Did you parade your lt<-gimcntfbr review at \VUliailis<xi*son the 21st May last? An*. I did* Quett. Is tho last the first regimental re view ordered since General Erwin has been In eomman#.' An*. It is the first general review that has been ordered since I nave been in command. The follomintt vuettfon wa* hroho*ed Au th* Counsel for the uccuted. Our*. What conversation did you have with <#cn. Kr win in relation to this review nnd the validity of this order tamed, and as to the necessity of any orders of Clcn. Kr win, nnd when did such conversation take place f The Judge Advocufc W>Jcrtcd to the ques tion, <u?d U|?jn the Coort being cleared it de termined, that if the conversation took place since the arre*^ of (Jfn. Krwin, it Is impro per. The accused stated 4t wm previous to the arrest. The Court determined it would hear any declarations of the accused previous to 8th M May last, or the commencement of the reviews of the 3d Brigade. Ourttt. What conversation did you have with Cien. Krwin previous to the 8th ?f*May last in relation to this rev lew andlhc validity of the orders tamed, and as to the necessity of any orders by (icnerai Krwin, and when such conversation took place f " 1 hod a Conversation with Cien. Er? >ecembei;, when the General antle.l \o orders, in Which Gen* Krwin ?x a acsite thst an Artillery Company -should be orijantied before his reviews, and If bound to Or orm T yortr Bogiment -lutJr: to meet 19 oMock I a ?P/ TmPr v* ?? 2fith, 162G. ?rf /VrtWwid Member*. *?* * 4vtea& *? SSS?fc?-i2??iSS??>^~r*-~ r*$ No, 1 received no order, (J mat. Did you extend the above order ? ?'.???. idpMt. T >. QacW-'Un Qtn. Krwtp knnw of thU drder? -??*. 1 received a letter from Gen* Ervi/ln in Dcc^ber frbn^jiol tTObUu in which ho stated, lie 1ia\l n cobvcrsation Withthe Gtfc aEK-^-. juj^j the reviews _ .0-~- ?i conformity to the General Order? '????:? V An*. I attended the review of hut one Re foment? Gen* Krwiij was not at tUrit review. The Kcgiment wus; Cooper**. , '?< * Oumf. Dkl you not consider it your duty, to al no attend the other review* with thcGe nvrai|i *;y * ' Ant. t did consider it my duty from the General Order. Qua/. Dkl you'have any conversation with tho General on the subject of tlte reviews,? sine. 1 saw Gen. Erwin In the month of February?he asked me If I would be ready to attctylthe review*. ^ II fiurtt. In what paper did you see the or ders?were they the Division or General OWw?i . "?* " t * . /Int. I eeen the order In the Charleston papers. * Mi'j. i'.nwARD'i -..at avai l tailed. ~ Did not Gen. Erwin knoy of the QencnSl Order.before he left Columbia ? Ant: lie eouid not sneak positively. *.<inrst. Were you not consulted by Gen eral Erwin about the reviews before you left Columbia, and dkl henot repeatedly say the orders were sufficient and rccogni<ed them ?as coming from the proper authority ? Ant. Nov in Columbia, but In Barnwell,? Gen. Erwin wid, he thourht himself under orders, and he was so much under that im t>rc&#ion that he did not inform Gen. Young ilood that lie (Gen. Erwin) .was not under orderc. -V ' . j ?fcvi ?t. Was Gen. Erwin consulted about those reviews last Decunber hi Columbia by the Go\ ernor or any of his staff ? .Inn. Gen; Erwin stated ho had a conver sation witii Col. Elmore oh the subject of the reviews?it was rather indefinite. Qutitiondy the accused. Quest. It uftcryour conversation with Gen. Krwlu you had discovered that the onlcrt handed by you to* Him were insufficient, would yntf not have informed Gen. Young* blood, #. vithstanding Gen. Erwin htttbeen under an impression with you at t^at conver sation that tn<rorders were auffielent ? Ant, 1 would not, unless Gen. Erwin said to me, he was not under orders. ' . Q?ri/. Did you attend the reviews.of the Regiments of the 3d Brigade ? ? An*. I dtd j ail of the;n. Quest. Did the Colonels parade their Ro? glmenu at those rcvlewi r Ann. They Were paraded by their proper officers. AM the Colonels appropriated to themselves credit for having done that which they were not ordered toda . " Quett. Did Gen. Erwin attend the reviews of the 3d Brigade t . Ant. None of them. Ca/ttaln Cain wat tviorn. Quest. Do you know that Gen. Erwin ab sented h\ini>cl? from Ms Brigade immediately previous to tho reviews of the Regiments composing his Brigade ? ? Ana. He was in the stage with.Gen. Er win on his way to Charleston on the 20th and lst of March. Gen. Erwin stated he could not attend the reviews at Walterborodgh. ? 'He went to Charleston on the 20th April; ?does not recollect at what time Gen. Erwin was with him. Quest. Did Gen. Erwin spy to yOu at the time you rode with him that he was under orders? * An*. He did not. Quftt. Did Gen. Erwin say to you, he had made a contract requiring Ids presence at Savannah ? " ? Ant. Geo. Erwin said he had holiness of iniy. - ? nee which required him to be atSa* , I jc.r Edward* again called. Q . iJ* the order published in the City CJ.'i*' tU. the order of Maj. Gen. Youngbloodf An.- Ye* tyu*:. liu you know it it the us*geto ex tend Gtt.cral Order* in the United Bute*' Army through newspapers ? Ant. It it the v uitom in the regular army* in the British and French tervicc. quett. Did you examine the Pott Office at naruwrtl Court House to tee if the order*to Gen. Erwin were depotited there * Quest. I did oil the 14th or 14th of May*? there were no ltttcr* to Gen. Krwin on pub* lie ti-rvjee. Qurtt. Did you M?e in the newspaper* the order of 18th January* 1826, and doe* Gen. Younjtblood consider it binding on the offi cer* his division ? Ant. Witness say* ho h*? seen the order alluded to, and that Gen. Youngblood consi ders such orders a* binding on the officer* of hi* division?thit he knowt from having re peatedly published ordcrt in that way. Queti. Hat not Gen< Erwin been in the liablt of receiving order* through the Pott Office, and hat he not obeyed tuch orders? Am. He na*?he obeyed the order, order ing an election for a Brigadier. Que*. Could not Geft Erwin have attend ed th* Hevlewt of Colonelt Cooper, Lebre, and Arthur f >> ' A**, I have no hetlUtlon In taying coald. He arrived on the 12th or 13th Mar in Kouth-Carollna, In Barnwell, and had ektit time to hav#. reviewed those Reei 55 _AtlMMi?BlL . _ tho State on Friday, the u , command ? A An\' A1.00' Erwin stated thtt he h*d a con tract in SaVfcnnfch t6 the. amount of between one and two thousand dollars ; that in consc qucncc 0f tiic indisposition of Mife Erwln, he UiWl Ma revkws. . Wtocsa asked Gen. Etv hit UMtc to publish order* inthe una sends tnem under cover, saying, you will atfey them by order of the Commsndcivin Chief? >* ? - Ant. it Is usual to cut them Out and tend them under cover with Particular command of the officer giving that order. . Quett. What books arc fbrnlshcd the MUi litary office rsofthlsStatc for their Instruction? 1 Ant. Scot's Regulations, his old Adltkm and Miller's Compilation cluett. Is MeComb on courts martial fur* n'.hcd? Ant. I believe not. . ? Crow Interrogatories ; Quttt. Docs the witness know that other orders than the General order were issued? 4n*. I do not. ,?? . , Co/it. Cain wa?again tailed. ^ | ttur#/. Did you deliver* message from Gen .Youngblood to Gen. Erwln relating to the division order, if so state what it was? AWut the 4th or. 3th of May, Gen. Youngblood requested witnesn to say to Gen. Erwin, he wished him to meet him at Wal terborough, and 4hinka Gen. Erwin Was aware of the Division order. Quett. Did you conaldcr yourself the bear Nsrof orders? ? * ?. ifr?r i'jdld ? x ?> ' lite defence wat then entered Into ^Colonel ? Ahthur wat called;? ? Quett. Is it the invariable praotlco to ex cuse defaulters who have been absent from she state or district ft the time of review?'. Ant. If it is made to appear that H was ne cessary that they should bo absent, 1 have invariably excused them. v - ?- V ' ?*' JJoct. EnwiN was room. ^ tyut. Arc you the brother and Aid-dc Cump of the accuacd? . Ant.'!, nm. . lV5 ' of. time past have you rcsTded inthe fomlly of the accused? * v,: Ant. Since the year 1812 or 1813. Queit. Have you been In the habit of transacting his business civil end military, receiving and open ing despatches? I Quett. If he had rcceivcd^inilitiiry order, Qy<a/. Did Gen. Erwin to your knowledge, receive by matt the General or the Divtsfcn Order from any person or through any chan ?n9,.\ never heard of his receiving'any thevlclnityof Gen. Erwin-very much de railed duringthc last Spring? Quetr.- Did that derangement last for any considerable time? ' ? wMt. Itdld, sometimes letters were deliv ered to Gen. Erwin from tho court-house, and sometimes elsewhere. The derange ^UAment ifS?m3* atVu^SSrilfc! that the mails have become reculur, and that has been established about a month agS! regularly carried from Charleston to Barnwell Court-Housc. Mue$t. .Were you In Savannah at anytime when the accuscd made a contract with AlonaoDay? An$. I was in Savannah with the accused in the month of October, 1823. The con to be performed from the 1st to the 10th May# It required tlie personal attend ance of ucn. Erwin, when that contract was to be completed. Gen. Erwln left home about the tttii of April, with a view to meet the contract, and went by the way U Charleston. He could not efflret hi because of the indisposition, of Mrs. Erwin, he re turned home, and remained front the 20th of April tothe 2nd of May; believes he went to Charleston with a view to complete the contract in Savannah on the 11th of May, which was the day after the contract was to have been completed. Witness returned from Savannah with the accuscd. His hors cs were very much jaded. Prom Savsnnah ?B^vWidgeto'*xmt 100 mttea, from Buford's bridge to Gen. Erwin's h 12 miles, from Buford "to Ashley's is about 30 miles, from Gen. Erwin's to Ashlfey's is 43 miles, from Gen. Erwin's to Henry Snell'a Mai. Kdwards thinks Is about 60 mUes, from Sa .vannah to Lehre'a. regment Is about 160 !*??? m0171 yf.\^nn*h to Arthur's regiment is 160 miles. Witness thinks one of his hor*. cs would not have carried him tothe review of I*ehre, and Arthur*?regim*nu. The court udjourncd to meet to-morrow at lo'dock.. TH U USD AY, June 79, 1826. f The court met agreeable to Adjoommtot. . * ? JrmitMT, . ' *?*' ' Brig. Gen. Guirritf, Prttidtnt. fer Lieut Col. on boo, ) Lieut. Col. Mooxr, tiufimmmemryt \r.De/,. Judge .l/v.Om. an toCh ic rctumca ormmg 6 p$.iH bis uniform wo**. wliuh he could have made uicrfi, ^ i*. . The court udjourned to Unlock. to-iacr roy.'ag.fr .r* . The cp^rt^tpi^blc^oSjoi.. nmcw ? Brig. Gem W. Col. Capf.us, ) .'.? SMBST* - - Lieut. Col. GitiqO. J court is 0/ opinion that tho charge is too ncrul. On the lift spgdficikiOn of the - IS charge the couit hi of opinion 0?e accused his defence. On the 1st specification cf th? 1st charges the court aro of opinion the Ac cused is JVot Qutiiy.,, Ofl the Sod specifica tion of the 1st charge. Guilty. . On the &1 specification of the 1st charge, Guitfy. On the 4th specification of the ><t charge th<: Ourt is of ?* - ? ? - mjms O On the 2nd specification <? f the 2ml charge. Guilty. . On the 3d specifi cation of the [2nd charge. Guilty. On the 4th specification of the 2nd diam the court b of opinion the accused is GuUiy. The court gfter mature deliberation src? tcnccd the accused to.be suspended from his command for the term' of three months, commencing from the SQth inst. and to be lnchie? reprimanded by. ihc^Cox&mor.dcr The court adjournedsinodic* ^ ?*. . ,? JOHN K. GtUPFIN, Jen!, Jo?h Ma no a nt, jun. ?, w % ?> Deft. Judge jldv. Gen. i ?<!?.' X-j. f, lixEctrnvBDernnTMENT, ^ 11 above court martial arc hereby approved by RICHARD I. MANNING. sSMF^k ? e 3d Brig. of S. C. Militia. SHr^* || * on c mm It for three mont^cOrtt- i _ thO 30th of Juno last, ?nd to be publicly reprimanded ,by ~Jer in Chief of thisHtat*.^, *. , * : ^*rge?brought awfmt you. ar.A their full and perfect substitution by udc i muft My that ,it it owing en* customary ienlcncyf of MUitia a), that you w.cro; not deprived of your commission. , ' *? Lifbring the last ? Swr Brigade, occ eneral(,by the Suite, and By otht lien, the painful truth/b&aaft obftau .at each review, that there Had been gross, wil ful, and repeated neglects shewn towards that Brigade, the sufrcrages of which hud made you its head. (I was enabled no where laridon no occasion to discover tliat those ac tive duties w^kh you had Voluntarily as*um l?id by consenting to take upon yourself the command of the Brigade and an ?$>!_ faithfully to perform whksh, you were under to yourself, to your command, and to your country were or had been at uhy time dis* ears tAt, you We been in |?fc* command of the third Brigotfe,'1did 1 ant warranted in saying, tliat except in the in IStance -mentioned by one of the honorable, witnesses before the Jtourt, relating to the election of ft Brigadier General, you have never, discharged one solitary general duty relating to It. do fine and sihonornble a toratmW, Com posed as it is of pome of the 4ndsomo lof Ihe most,respectable material), and oov ering ?<ch an extensive section of our Statr, b sufficient to awoken the military pride of him Who commands k, and to excite in hint that degree of care- and Industry, without which no uomrttand con eKhcr bveome efli or rr>.ptrtabl?^^^^^^VPV / # But for the spirit and active desire of your Colonels to do their duty .and to perforin th< small share of military j*rvM required of thcin by their country, tlfere w'ouhl H:?\? been for the length of. time jrtai have been in command of the Brigade, no drill, ijor Near three yean you have been in com In all that time, even fpr service, f may feci asmay in W: to th<* lift/ to KICHAHDI. MAKNIW: