Fort Jay January 29^th 1799 Notwithstanding the repeated trouble you have taken to [undecipherable] [undecipherable] my complaints, I trust you will not refuse me the justice to believe, [underline: this particularly] is dictated by a sense of injury sustained and that you will candidly acquiesce in the justice of my present Request.— On the morning of the 27^th M^r Major Hoops sent for me and informed me he had directed the Adjut^t to arrest me; and ordered me immediately to deliver into the hands of [undecipherable] and the mos^t be in my possession— I requested of the Assistent my arrest [undecipherable: probable reading "or"] a specification of the charges, he denied having any charge against me. I was thus kept in agonizing suspense, ignorant of what malice might, or had suggested against me, untill 10 of [undecipherable] of the 28^th when the Adjut^t did arrest me, and exhibited the charge of which I enclose you a copy— The circumstances of this business are briefly these— On the 26^th of December I obtained permission from Cap^t Frye (the commanding Officer) to go to the City, with a particular injunction that I should return at 4 o'Cl when the barge should be sent purposely for me. Before 4 o'Cl I was waiting at the dock [undecipherable] the barge arrived and stept on board and ordered them to shove off; Serg^t Mackey (the Master of the barge) informed me he had orders from Cap^t Heiny [undecipherable] [undecipherable] of his Company, I enquired whether Cap^t Frye did not give him orders to return immediately with me; he answered [undecipherable] [undecipherable] told him to shove off, he did so, and on his return to the Island was confined by Cap^t Heiny for disobedience of orders; and was soon after sentenced to have his Epaulets cut from his shoulders in front of the parade, [undecipherable] to serve as a private Centinel— It appeared to me exceedingly hard that this Sergeant should suffer to this degree for what he supposed he was in duty bound to do— obey Cap^t Frye's himself, and it appears as hard, that I should now be put in durance for an act for which I have already suffered so much— In my conduct in this business I was actuated by the following motives; Obedience to my Commanding Officer, the fullfillment of my particular agreement with him to return at a particular hour, the discharge of my duty towards the Sick; having at that time a man in the Hospital with whom I had been up almost all the preceding night, and whom I wish'd to see as soon as possible, and on whose account the particular arrangement I have mentioned was made by Cap^t Frye himself— Moreover being informed by Serg^t Mackey that he had once been for Bread the Baker had [undecipherable] that he could not get it in the day it was— [undecipherable] he could in the night— I also knew that Cap^t Heiny had a boat allotted him for his detachment and that this boat was not [undecipherable] by Cap^t Frye for the use of [undecipherable] and wholly manned from that detachment— Cap^t Frye was not only my Commanding Officer, but was the Commanding Officer of the Garrison, and by omitting to obey the orders he had so particularly given I should most assuredly have made myself liable— I felt then, now feel myself justifiable, nay I feel that I should in no other way have discharged my duty to the Sick, [undecipherable] obedience to the Commanding Officer, or fullfilled the conditions on which I had obtained permission to go to town.— I have Sir to request I may not be brought before a Court of Young Officers while others can be conveniently be obtained— I wish to be tried by those who have experience in the usages of Courts Martial— The officers of the Second Regiment [^Garrison] I shall most earnestly object to; and I trust my objections are such as will be admitted— I shall not shrink from a rigid scrutiny of my conduct by men who have talents to judge accurately and dispositions to decide impartially I am Sir Respectfully Your Obed^t Servant Sam Osborn Surg^t Mate 1^st Reg^t Artil^ry Honorable Secretary of War