Major Gale, although next senior at the time of Wharton's death on September 1, 1818, had to battle for the job. At the time, the Corps was authorized only one lieutenant colonel and two majors. One could only rise in rank by virtue of the death or removal of a superior officer. When Wharton died, a scramble for the Commandant's job ensued. Major Samuel Miller, the adjutant and inspector at the Marine Corps Headquarters, two days after notifying Navy Secretary Benjamin Williams Crowninshield of Wharton's death, considering himself well suited for the job, suggested that he conduct the affairs of the commandancy until a successor was appointed. Brevet Major Archibald Henderson asserted that as the senior line officer present, he should be Acting Commandant. Henderson was also characteristically blunt in giving his assessment of Gale's qualifications to the new Secretary of the Navy, Smith Thompson. In an attempt to discredit Gale, in February 1819, Henderson and Miller participated in a court of inquiry resurrecting the old charges concerning Gale's tenure in Philadelphia. However, during his testimony, Henderson was forced to admit that his knowledge of Gale's misconduct was based on hearsay. Miller could similarly not provide firsthand evidence of wrongdoing by Gale. After the court of inquiry exonerated him of these charges for the second time, Gale, with 21 years of service and therefore senior, became Lieutenant Colonel Commandant on March 3, 1819, ending a six-month period during which the Corps had been leaderless. Trouble as Commandant Shortly after Gale assumed his post, Archibald Henderson circumvented Gale and wrote directly to Navy Secretary Smith Thompson requesting to join General Andrew Jackson who was serving as military governor in Florida. Soon came more direct troubles with Smith Thompson, who frequently countermanded Gale's orders. Finally, on August 8, 1820, Gale submitted a letter analyzing the proper division of function between himself and the Secretary, pointing out the impossibility of his position. It was also alleged that he began to drink heavily at this time. Eight days after his letter, Gale was notified that the Secretary had unilaterally granted a four-week leave to one Marine captain and had suspended Gale's order sending another captain to the Mediterranean. Two weeks after that, on August 29, Gale was arrested and ordered to face court-martial. Court-martial The charges against Gale were dated September 11, 1820. The first was that Gale was publicly intoxicated in the city