Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-20

notes q. p. q. RI MIR IPickhQ8, 20 Gen
ItIikinson. Do YOU recolect the last ques-
ton L put to you has your conduct in
seising Swartwout, Bollman, Ogden, and
Adair been approved or disapproved by
the government; and have you received
any communication from the government
on this subject 2 General Wilkinson said
hemust refer to his honor 60 know whcth-
er he was bound to answer that question.
Fne Chief Justice declared that it might
be answered under the restrictions already
laid down. General JYikktnson. ] can
say that three of those persons, perhaps
ionr, were seized on my own responsible
", without any orders from the govern
ment. Nh. HTckham. Which three ? a..
Bai!mgn, Swart wuut, Ogden, aud perhaps
Ad;.jr. Mr. H2ekliam. Had Won any or
ders them, or afterwards to seize them !;
Lad you any orders with respect to the
seizure of col Burr by military force A..
No; nnt'3t that time G. Hadyor any af-
teINvards? Gen Tfkkinsosz. That is a
questi.-: of very great delicacy with me.
(Addrsssing the Judge) can a question be
fairly put and an answer coerced which
may destroy mans honor CSlr Wick
ham said there was no rule of law which
prevented witness nom giving an answer
unless it subjected him to Il criminal plo-
secution. Mere sympathies were no cause
OF refusal. However. unpleasant these
questions might be 20 gen Wilkinson, IT
would be shameful deriliction of duty in
she counsel! of col Burr not To put them.
lie said that he had not experienced any
Synpathies towards his clicntl General
iiikkin$or to the Jpdce. Is trial before
a court martial similar To 4 criminal pro-
secution /? ] might be subjectedto military
punishment, TO rs severe a punishment as
could be inflicted by Q civil TRIBUNAL for re.
vealing my orders. The ChcfJuSticc said
that nc was not sure shat zen Wilkinson
colI be required 70 answer that question
1Mr Wickham commended that there could
be nc articles OF war which could punish
man for disclosing what lie is called upon
to declare IN a court OF Justice. The court
had risht 90 require the disclosure, and
would enforce its own autlo.jtv. Mr. Mp
Rae commended yhat when the answer re-
CURED would ic d TO the discovery OF a fact
which might subject man 10 punishment,
it was always deemed good reason to
wi5hhold it. He understood tie answer
which might be given By gen Wilkinson to
be of this nature. The ouSslinn was cal-
crlAted 70 extract from him a fact, the
disclosure qs which might tonG to subject
him 70 pun Sh DeBt. He could not sfy
what would lie done before military tri-
bunal but it was possible that he might
be punished if ne should answer in paw
ticular way. Suppose he should say that
the government did not authorize him TO
seize the persons Of BUR- and his 4ccorn-
plices ard that he acted pp6n his own
responsibility; or suppose nc should be ac-
ting under the authority of gol erHment,
!, -
find that Lee had transcended them; would
not disclosure of this fact criulinare h.m
and subject him to prosecution The
Chief Justice said that the question did
not lead 70 the fact of Selling those per-
sons, but to The authority with which was
done. II gen Wilkinson had committed
the act with authority, he nust shew his
orders MrWictham SAID lac 5id not he
lieve that any thing which gen Wilkinson
could say would be lega! evidence in the
cause. Il was not that kind OF evidence
which was admissible in prosecutions of this
uatuTe But it was important 10 know
what orders the government had given
and whether he had exceeded these orders.
MIR MQrliH we wish TO know the con-
due; and character OF the government on
this occasion. We wish 10 know whether
! any, and what orders were given by the
government. Is there to be cns rule as To
( the prose cution, who wish TO take the life
of man away, and another rule as to the
/ man whose life they seek to take Mr. Hay
had no objection to an answer from gencrAl
! Wilkinson as to the conduct of the govern
ment~throughout. He said that Mr. Mar
! tin had disclosed his real object to be, 20
( try the government aud not the accused
VIII this ascertain the innocence or guilt
Of col Burr? Tnc object evidently was to
I arraign the government before the bar Of
the public but hc was perfectly satisfied
+ that when the conduct O. the government
shou'd be known, the people of the United
/ States would think that the government
: bad done exactly what il ought 60 have
/ done. MIR WIckham. In commenting on
( the evidence we shall endeavOr to slew
| that number Of witnesses have been bro't
/ forward 10y the government who have Ia
I ken a most decided part in the prosecu-
/ tion and that their real object has been
to render Themselves acceptable to the
government Gen WiikiHSon. had an
order from the government. Mr. jFickha5I.
From what department? a. From the
: administration. Q From whom y From
Mr. Jefferson O. Have You any written
order A. have among ny papers, but
, ] will not produce it,. had rather 50 to
/ Jail Mr. Wickham demanded the pro-
/ duction Of the order but said that if gen
| Wilkinson required time 10 consider ct the
! consequences Of a refusal, he had no OBJ
! lection 10 allowing IL 90 him. Gen WIKI
;,e-. /,l1.y..:,..- tt,. Tttie,,,N You 1re from