The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-14

ue'e"ses o. give Up the prolecutinn. Mr.. Eay
Thought It wouid'be improperto read the pa
pers becaufe they related to a sec..,;a,;nn
with foreign government and becai,ie thew
had no relation to the fuhic9 hefare the court.
Gen. Wilkinfon had, indeed, from tn ipGnu,-
tons which had been made, been induced tn
produce thofe papers |; but it was evidently
done with conliderah!e degree NJ enbarr,f:-
ment and would no, jafi.y TIE reau.y oe
them' IT 1t were otherwife improper.-N1r.
Wickham. have sh-d for The convention
with the SPanith commandment, hu, am told ,t,t
1t 10 tate iecrct.-I ccpcur with Mr.. M,r,;,-
that when an individual is prnrtcu.ed by RE
government, no ftatc frcrets iEolih prevent ,h-
proouction or every paper Deceflary for his de.
fence.-GSn. WRSiu/0n fad he wifhrd il To be
underttood that th.ie were very Imperfect tranc.
'ations of The letters from the original Spaniih-
ana therefore, that he could not deliver them
but under the liquidation that thew fbou,d he
accsrately trauilated before publication &c he
mad Uncovered Gov. Cordero and Gov. Usrr,r.
10 be oihccrs oi polihed education, from M,
correfpondence with then. lie bad made.b:s
tipuiaion as duty which military n,er o.s<,
to one another throughout the world. Thef.
letters contain the convention n convention,
without an article. The Chief Juice faia tl,s,
he would nor cornpei the production of the con-
vsntion nnieis its l'sarng on the cafe be ibewn.
Mr.. hfar'in. We have 4 right to III hoCe ia
VIII DC noted that I've hav, made a fo,enn fS.
nahd OF thete papers - Gen. Wiikinfan pro-
ceeded. The next QaeGion which was Az IS
was, whether had uct male pirate conpYrr.
'iicasions 10 Lieutenant yoass. I have Gaia
tnae gave no ordars To Lieutenant lones.
cur IT l had, here arc documents to IN, -
I" "ut Ju!t'ncatlon ct my ccniu6i l.! al tie
meaitres prefancd, at leaf an ex;ep,,,,:o,.-
Here general WillIiofon prefn,et e yerai NJ.
Pers ihswlng the agitated eate Of NV. Orleans
ano the dangers with which It was thrrafenett.
ihey were not read Sc notes O. P.>O. RI
mar. Hse&5an4 to Gen. E7TlkinGss D., vau r..
!coileet the lait quefion put to YOU has veyx
conduct IN fei2ing S.,.art won't, RoIlr,an. o..
den and Hda'r been approved or dilapprovtd
! ny Tue government and have yon received any
,com'nanicst'ohS from the government on ,his
iuoJect General Wiikinfon laid he rpve re-.
fefto hrs honor TO know whether he was boue,;
| TO aniwsr that qneion. The Chief JuRice.
declared that it might be anfwcrrd under ;b-.
retr'ttlons already laid down. General H.H
hinIon. l can FAY that three Of ,hnfe pef fonc,
perhaps four, were ftiZ.'' uu my o,vr reipoc-
noii''y, without auy orders from the govern
m q, Mf. ftFkkam. " hich three : A.
boiiman, Swariwout, Ogden, and perhans A.
dair. Nj. Wiekbasr. Had Won anv arG,-r.
then, or afterwards to teize thcr, had Won =
ny orders with reipctt 10 the fezme of ce,I
Burr by military force A. Nd not at THAI
time. Q. Had you ary afterwards. Gen Hi
kinIon. That is , GneAion Of very great ,c,ie a.
icy with Notwithstanding the Judge) can :
qurltion tic fairly pat and An aufwer cncrcel
when may deitroy mans honor ? Tar.
Wickham laid there was no rule of law which.
prevented witnefS from giving an anGwer nm
lets 1t fnbjrssed him TO criminal profeci,tinn.
Mere fymptthies were no caufe Of refura,.
However unpIeafant thcfc queions might Be to
gen Wiik'n'on, it would be fi,laef;Ii se,iii..
ton # duty in the ccapfel of col Bur- not to
P1 them. He fad that he had not experience
20 Eg ssy sSr.pat .1 Il t..ar,ia his client sip.
covrt martial hmi!a. IA a crimiua. grofccution
| might be futjettsd 20 military gun;hment, to
as icVtre pnnrt,Inent As could he icGi6ted ty
civil tribnna! for revealing nS orders The
Chief Jphice isid that be was no, l,lr- that Ger,
Wiklnfon conld be required to ap[,ver that
queit'on. AIr. Wi.kbam caairn,;ed that
there could b. 10 artcles of war which could
PunIih man for difcl..liag whai he is caleb
upon to declare in court of iuaice The
court had right to reGnire th. dif.lofIreI
and would enforce Us own authority. Mr..
Mckae contcnded that when the an{vrr re-
CURED world lead TO the d fcoysry Of 4 f,ti
Whch might iu'JrSi man 20 pnaiGhm.nt, Il
was always 6temed coed rcsfon 10 withhold
| 1t. Hc nDderftood the anrwer which s.is5t he
gwen oy gen Wi.kinfon to be of .fis na;ilre.--
! j oe qnelticn was calculated to cxtraGt from
''''' ,H~i; l''G tttNtpiuFc or NuCH might tend
| 10 iubJtti him 10 punihment. r. cUniG nor
| lay what would be done before military trjhi,-
nal but 1t was p0ifoe that he might he ru,,
/ l'hed If be lhCuid anfwer in par,,cu,,r wsv.
! SuPpote he fhoulh fay ti,;t the eoyernment did
/ not authol.:c him 10 feize the prrCars of Burg
and bis accompliccs; and that he a6ira upon
ms own responsibility; OF flppofe he fiou!d DC
acting under the authority Of government, hut
! upon examining lis powers, fhould End that he
mad tTanlcended them woiiId not dfc,!of,ir.
I OF this tact crfminaie him, and funiscl him 20
Proiecution The Chief Juf;ce f,id that tn.
queit'oh did not lead TO the fact of FIXING ;hoi.
! pefions, but to the authority with which il ,-As
done. Ii gen Wilkiufon hal comritfed the
att with authority, lie mua il,-w his ordcrs.--
Mr.. Wickham fa;d he did not believe that any
thing which gen Wilkinfon could fay would be
| legal evidence in the caufe. 1t was not that
kind OF evidence which was admilfible in pro-
| iIcutions OF this nature. But it was imDortant
to know what orders The government had given
and whether he had exceeded thoTe orders.
Mr.. Martin. We with to know the conduct
and Character Of the government on this occa6-
on. We with to ';now whether any, and what
orders were given by the government. Istbere
TO be one rule as to the profecution, who viii,
to take the life of man away, and another rule
as TO the man Whole life they feek to take -
Mr.. Hay bad no objection TO an aniger from
gen WilklnfOn as to the conduct of the goyeru-
uent throughout. He Taid that Mr. M,rt;,