Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-30
,shew. sir, that all these. amount 70 aconteiapt


of court. rs 81 D s2 ~ IN
Mr.. Randolph then read several passages
from Hawkins. to prove, it was always re-
commended that no needless force should be
used in making arrest, and that every species
of unnecessary force on the compelling ofwit-
nesses to attend, in order to give dispositions,
was deemed by Hawkins acontcmpt OF court.
What would have been the language of
Hawkins (said Mr.. Randelph3 IN this case,
where we see man who had been regularly
summoned, dragged before a person who is
called magistrate, compelledby this magis-
'trate to give bail for his appearance next day,
in an enormous sum, and thus done without
the shadow of a cause or the pEetence OF q
crime, afterwards by this same magistrate,
committed to Jail in a sultry climate, among
felons and negroes then taken out ny the
arm of military authority, escorted by q mill
tary guard. and placed in the hands OF a gen
tleman, who although a. military officer, was
vested with the singular power OF deputy
marshal, by this same judge, Tor the express
purpose of executing this tyrannicai act.-
This gentleman too, this officer of the army
land deputy marshal, was under the command
of gen. Wilkinson. The vessel and all on
board of her, were under the. control OF w IL
kinson General Wilkinson's authority, was
the only law known,to those on board OF that
vessel. II which the unfortunate Mr.. Knox
was placed. What, sir, would the writer's on
canon law in England, have said to this Sir,
there has never yet been any thing done IN
that country, which bears resemblance to this
arbitrary and illegal arrest. There never was
in this country before an example ofthe kind.
The extraordinary measure was reserved 1or
the purpose of being interviewer with those
laurels, WHICH surround the brew of gen. Will.
kinson. Our position then sir, IS from these
authorities, and from the facts which we have
stated, to prove that gen. Wilkinson has been
guilty of an high contempt in the cause now
pending before this. court.
The authorities which I have cited ex-
pressIy declare, first, that every eomPuI..
sion and coertion, deserves the eensnre OF
the court. Second, that 10 force is to be
used where the witness is wiling 10 az.
tend.
Every species Of compulsion or force
is censureable. Then sir, what was done
by Mr.. Hall is censnrab,e. The act which
he committed with regard to the imPri
sonment Of Mr.. Knox, and every persoa
who aided him and participated in the
transaction, was guilty of a contempt Of
couri. But who, lie. me ask, sir, do we be-.
hold as the principal agent, the prime
mover Of the business? Was il not general
Wilkinson? Sir, when look at the cir.
cumslauees which have been related, when
1 view the facts which have taken place
am as,onished atthe boldness OF this man.
AfFcayits, sir, a6idavi.s are called for as
if they neyerhad been satisfied. What sir,
was the objec. of these afidasits? Was
i,sot to en.ang!e their prisoner by FIRST
compelling him TO commit himself by az
affidavit, which he could not afterwards
rersc,. Strepglh and presence of mind
10 person placed as MIR. Knox was iE n.
ORLEANS, are DOT 10 be expected.-This
man was in strange country, and that
country TOO subject to military desPosism,
10 the despotism of general Wilkisson----
He was IN want of many things, ia'waat OF
necessaries, in want of money, aud in.
wan, Of friends. Viewing his situation
it nigh. be supposed by them, that the
.afida,it which he would give, would be of
different description, from that which
should be given 10 court of justice, ia
country where law and order were preserv-
ed, aud where the testimony of,he citizen
was not compelled, as a, New Orleans at
the point Of the .bavone This sir. was
their real objec, in Obtaining this affidavit.
from Mr.. Knex: for they calculated thar
regard tor uniformity ia evidence, and
!. for his own reputation. would prevent him
afterwards from contradic,iog any fact to
which he had deposed. Sir, there is not
more dangerous measure 10 this country
than to force man to give an a1idavit.--