General Scott's mother, Ann, was the daughter of Daniel Mason and Elizabeth Winfield, his wife, who was the daughter of John Winfield, a man of high standing and large wealth. From his mother's family he acquired his baptismal name of Winfield. John Winfield survived his daughter, and dying intestate, in 1774, Winfield Mason acquired by descent as the eldest male heir (the law of primogeniture then being the law of Virginia) the whole of a landed estate and a portion of the personal property. The principal part of this large inheritance was devised to Winfield Scott, but, the devisee having married again and had issue, the will was abrogated. The wife of Winfield Mason was the daughter of Dr. James Greenway, a near neighbor. He was born in England, near the borders of Scotland, and inherited his father's trade, that of a weaver. He was ambitious and studious, and giving all of his spare time to study, he became familiar with the Greek, Latin, French, and Italian languages. After his immigration to Virginia he prepared himself for the practice of medicine, and soon acquired a large and lucrative practice. He devoted much of his time to botany, and left a hortus siccus of forty folio volumes, in which he described the more interesting plants of Virginia and North Carolina. He was honored by memberships in several of the learned European societies, and was a correspondent of the celebrated Swedish naturalist Linnæus. He acquired such a knowledge of music as enabled him to become teacher to his own children.

James Hargrave, a Quaker, was one of young Scott's earliest teachers. He found his pupil to be a lad of easy excitement and greatly inclined to be belligerent. He tried very hard to tone him down and teach him to govern his temper. On one occasion young Scott, being in Petersburg and passing on a crowded street, found his Quaker teacher, who was a non-combatant, engaged in a dispute with a noted bully. Hargrave was the county surveyor, and this fellow charged him with running a false dividing line. When Scott heard the charge he felled the bully to the ground with one blow of his fist. He recovered and advanced on Scott, when Hargrave placed himself between them and received the blow intended for Scott; but the bully was again knocked to the ground by the strong arm of Scott. Many years afterward (in 1816) Scott met his Quaker friend and former teacher, who said to him: "Friend Winfield, I always told thee not to fight; but as thou wouldst fight, I am glad that thou wert not beaten."

His next instructor was James Ogilvie, a Scotchman, who was a man of extraordinary endowments and culture. Scott spent a year under his tutelage at Richmond, and entered, in 1805, William and Mary College. Here he gave special attention to the study of civil and international law, besides chemistry, natural and experimental philosophy, and common law. At about the age of nineteen he left William and Mary College and entered the law office of Judge David Robinson in Petersburg as a student.

Robinson had emigrated from Scotland to Virginia at the request of Scott's grandfather, who employed him as a private tutor in his family. There were two other students in Mr. Robinson's office with Scott—Thomas Ruffin and John F. May. Ruffin became Chief Justice of the Supreme Court of North Carolina, and May the leading lawyer in southern Virginia. After he had received his license to practice he rode the circuit, and was engaged in a number of causes. He was present at the celebrated trial of Aaron Burr for treason, and was greatly impressed with Luther Martin, John Wickham, Benjamin Botts, and William Wirt, the leading lawyers in the case. Here he also met Commodore Truxton, General Andrew Jackson, Washington Irving, John Randolph, Littleton W. Tazewell, William B. Giles, John Taylor of Caroline, and other distinguished persons.

Aaron Burr was a native of Newark, N.J., and was the grandson of the celebrated Jonathan Edwards. He graduated at Princeton in September, 1772, and studied law, but in 1775 joined the American army near Boston. Accompanied Colonel Benedict Arnold in the expedition to Quebec, and acquired such reputation that he was made a major; afterward joined General Washington's staff, and subsequently was an aid to General Putnam. Promoted to the rank of lieutenant colonel, he commanded a detachment which defeated the British at Hackensack, and distinguished himself at Monmouth. Burr became Vice-President on the election of Jefferson as President, and was involved in a quarrel with Alexander Hamilton, and killed him in a duel at Weehawken, N.J., July 7, 1804. This affair was fatal to his future prospects. In 1805 he floated in a boat from Pittsburg to New Orleans. His purpose was supposed to be to collect an army and conquer Mexico and Texas, and establish a government of which he should be the head. He purchased a large tract of land on the Wachita River, and made other arrangements looking to the consummation of his object. Colonel Burr was arrested and tried for treason in Richmond in 1807, but was acquitted. He died on Staten Island, September 14, 1836.

In May, 1807, the British frigate Leopard boarded the Chesapeake in Virginia waters and forcibly carried off some of her crew, who were claimed as British subjects. Mr. Jefferson, President of the United States, at once issued a proclamation prohibiting all British war vessels from entering our harbors. Great excitement was produced throughout the entire country. The day after the issuance of the President's proclamation the Petersburg (Va.) troop of cavalry tendered its services to the Government, and young Scott, riding twenty-five miles distant from Petersburg, enlisted as a member. He was placed in a detached camp near Lynn Haven Bay, opposite where the British squadron was at anchor. Sir Thomas Hardy was the ranking officer in command of several line of battle ships. Learning that an expedition from the squadron had gone out on an excursion, Scott, in charge of a small detachment, was sent to intercept them. He succeeded in capturing two midshipmen and six sailors, and brought them into camp. The capture was not approved by the authorities, and the prisoners were ordered to be released, and restored to Admiral Sir Thomas Hardy.

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 an officer and a gentleman," and the specification was "in withholding at sundry times men's money placed in his possession for their payment for the months of September and October." Another charge was "ungentlemanly and unofficerlike conduct," the specification being "In saying, between the 1st of December and the 1st of January, 1809-'10, at a public table in Washington, Mississippi Territory, that 'he never saw but two traitors—General Wilkinson and Burr—and that General Wilkinson was a liar and a scoundrel.'" This charge was based on the sixth article of war, which says: "Any officer who shall behave himself with contempt and disrespect toward his commanding officer shall be punished, according to the nature of the offense, by the judgment of a court-martial."