In 1810 he is court-martialed under the Articles of War and found guilty of "conduct unbecoming a gentleman," in having spoken disrespectfully of his commanding officer. He is sentenced to twelve months' suspension from duties, with the recommendation that nine of the months be remitted.
Under this sentence he returns to Petersburg. He spends every evening, when at home, reading English literature with his friend Benjamin Watkins Leigh, in whose family he is staying. His motto is: "If idle, be not solitary; if solitary, be not idle." During this period he again despairs of seeing active service; but he writes: "Should war come at last, who knows but that I may yet write my history with my sword?"
In the fall of 1811 he rejoins the army at department headquarters at Baton Rouge, Louisiana, having made the journey by land over a new road through the country of the Creeks and Choctaws.
This winter of 1811-1812 he is appointed superior judge-advocate for the trial of a prominent colonel. He also serves upon the staff of Brigadier General Wade Hampton, commander of the Southern Department, and is much in New Orleans.
The inactive life of a soldier in peace palls upon him. In February, 1812, the news arrives that Congress has authorized an increase of the regular army by 25,000 men. This looks like war. May 20, as a member of General Hampton's staff, he embarks with the general for Washington. Upon entering Chesapeake Bay their ship passes a British frigate standing on and off; in less than an hour they pass a pilot boat bringing to the frigate the message that the United States has declared for war with Great Britain. Thus by a narrow margin they have escaped capture by the frigate.
July 6, 1812, is appointed lieutenant-colonel, Second Artillery, at the age of twenty-six.
Is ordered with his regiment to the Canadian border; reports at Buffalo October 4, 1812.
On October 13 leads 450 regulars and militia in a final attack upon Queenstown Heights, opposite Lewiston, New York. The Heights are held by a greatly superior force of British regulars and militia and 500 Indians. The United States militia left on the American side of the Niagara River refused to cross and support, and the attack failed for lack of reinforcements. There were no boats for retreat; two flags of truce had been unheeded; with his own hand young
