On March 4, 1791, Cushing was commissioned a captain in the
2nd Infantry Regiment. On March 3, 1793, he was commissioned as a
major in the
1st Sublegion (later re-designated as the
1st Infantry Regiment). From February 27, 1797, to May 22, 1798, he served as Adjutant and Inspector General of the Army. In 1799, he commissioned artist
James Peale to create a miniature portrait of himself. On June 15, 1800, he was re-appointed as Adjutant and Inspector General and held the office until April 2, 1807. From 1800 to 1807 he resided in Washington, D.C. Cushing was promoted to lieutenant colonel of the 2nd Infantry on April 1, 1802. He was promoted to colonel of the same regiment on September 7, 1805. He was
James Wilkinson's aide during the Sabine crisis in 1806 and thus helped him negotiate the
Neutral Ground pact. In early 1811, Cushing was arrested on the order of Brigadier General
Wade Hampton I and court-martialed on charges of disobedience to orders and misuse of government funds. The court first met on April 26, 1811, in
Baton Rouge, Louisiana and was presided over by Colonel
Alexander Smyth, with
Winfield Scott appointed as the judge advocate (prosecutor). The trial lasted over a year and on May 5, 1812, Cushing was acquitted of most charges, and received only a written reprimand for the minor charges of which he was convicted. ==War of 1812==