The prospect of a war with Great Britain had abated, and the affair of the Chesapeake being in train of settlement, Scott left Virginia in October, 1807, and proceeded to Charleston, S.C., with a view of engaging in the practice of law.  The law of that State required a residence of twelve months before admission to the bar.  Scott went to Columbia, where the Legislature was in session, and applied for a special act permitting him to practice.  The application failed for want of time.  He then proceeded to Charleston, with a view of office practice until he could be qualified for the usual practice in the courts; but the prospect of war being again imminent, he went to Washington, and on the application and recommendation of Hon. William B. Giles, of Virginia, President Jefferson promised him a captain’s commission in the event of hostilities.  No act of war occurring, he returned in March, 1808, to Petersburg, and resumed the practice of law in that circuit; but his life as a lawyer came suddenly to a close in the succeeding month of May, when he received from the President his commission as captain of artillery.  He recruited his company in Petersburg and Richmond, and embarked from Norfolk to New Orleans, February 4, 1809.

It being thought that on the breaking out of hostilities the British would at once endeavor to invade Louisiana, a military force was sent to New Orleans under the command of General James Wilkinson.  The discipline of the army became greatly impaired, and much sickness and many deaths occurred in this command.  General Wilkinson was ordered to Washington for an investigation into his conduct as commanding officer, and General Wade Hampton succeeded to the command.  The camp below New Orleans was broken up in June, 1809, and the troops were transferred to and encamped near Natchez.

General Wilkinson was charged with complicity with Aaron Burr, and with being in the pay of the Spanish Government, and was tried by court-martial; and although he was acquitted, there were many persons who believed him guilty, and among these was Captain Scott, who was present, as heretofore mentioned, at the trial of Burr, and participated in the strong feeling which it produced throughout the country.

The apparent lull in the war feeling having produced the impression that there would be no hostile movements, Captain Scott forwarded his resignation and sailed for Virginia, intending to re-engage in the practice of the law.  Before his resignation had been accepted he received information that grave charges would be preferred against him should he return to the army at Natchez.  This determined him to return at once to his post and meet the charges.  Scott had openly given it as his opinion that General Wilkinson was equally guilty with Colonel Burr.  Soon after his return he was arrested and tried by a court-martial at Washington, near Natchez, in January, 1810.  The first charge was for “conduct unbecoming