The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-07-01
SATURDAY. Inne OF

The CIief 5YRiee delivered the following
opinion Oh the motion for an attachment againlt
Gen. w.
The motion now under confederation was heard
at th'stime, becaule it alledged to be fousded
on fan which nigh, affect the juNice of the cafe
IN which the court is about To be engaged, and
beeaufe while the bills were depending before
the Grand Jury, the court might without impeding
tie progress OF the buinefs, examine into the coma
plant which has been made.
The motion isto attach General Wilkinron for
contempt OF this court, by obruing the fair corre
OF Jn!tiee, With regard to a prolecution depending
before it. In fuppor, of this charge, has been
offered the tefmony of MIR. Knox, who ffate.
i conversation between General Wilkinlon and him
fell, previous to his being ferved with fu5yena,
the ohjeee of which was extract from him, what
ever information he might po1.fs, refpeang the
expedition which was the fpbjett of enquiry in this
Court and who Rates alto, that he was afterwards
before Judge Hail. who examined him
upon heterogeneous, aud committed him to Jail,
whence he was taken by order Of the deputy Mar
ihal, who was military, well as civil officer, and
put on board the Revenge, in which General Will
ki.ion failed, for the purpofe of being brought from
New Orleans to Riehmond.
That unfair practices towards wtnefs who was
TO give tettimony in this court, opprefiun under
colour of its Proeefs; although thole practices and
that oppreiiicn were ated in another difirid would
be puEthabie III the mode now fugg eGed, pro-. .d.d
the perfon who had aSed therein, came within re
jurdetion OF the court, is petition which the
isnot dIPoed confrovert but it is ALTO be-
eved that this mode of punhuent, ought not to be
adopted, uuefs the deviation from law could be clear
ly attached to the perfon aganit whom the motion
made and un!efs the deviation was Intentional
or unlefs the eourfe of judicial proceeding was or
might be 70 affected by it, as to make puniihment
in this mode, obviouny conducive to fair and cor
rea administration of juRice.
The conversation which took place between Gen.
Wkinion and the witnefs the arrival of the latter
in New-Orleans, was manifefly held with the inten-
ton OF drawing from him any information which he
might poileis, relative to the expedition which wa,
then the iubjec of enquiry In this intention there
was nothisg unlawful. Government and thofe who
repreiant it, may juiifably and lsudaby ue means
to obtain voluntary communications, provided thofe
means be not fuch as might tempt the perfon making
them, to give improper colouring to his reprefen-
tations, which might afterwards adhere to them,
when repeated in he address itated TO have
been employed, the conaefcenfop and regard with
which the witneis treated, rot fad by HIM
lelf TO have been accompanied with any indications of
a delre to draw from him more than the truth The
offer Of money, if with view to corrupt could no,
be toe !cveTely rsPrehended. Ii is certainly daupe
rous iPeces OF communication between thofe who are
fearching for tetimony, and the perfon from WHOM,
it is expected. But in this cafe the court cannot CON-
template the offer being made with immoral views.
The witneis had right to demand from thofe he was
expected to accue inall fun of money fufcienr to
iubiif him on his return to his home. He was a.ed
whether receiving this FUN, his objections to e-
wing tellmony would be removed. This was certain
ly delicate qneihon, but it might be aiked without
improper motives, and it was Prened 10 further -
This 's not ihewn TO be al attempt contaminate the
fource of julice, and confequent contempt of the
court, in which 1t is administered.
The imprisonment of MIR. Knox, and the order
for conveying him from New Orleans to Richmond
were the acts of Judge Hall-Whether his pro-
ceedings were legalor illegal, they are not ihewn to
have been influenced by Gen. Wilkinfon, and thi,
court cannot preiuGne lucll to have been the fata
Gen. Wknfon therefore is not refpen6ble for then
They founded strue, ON an affidavit made by
him ; but there was no improperly in making this
affidavit, and it remained with the Judge to decide
" hat the law would authorize i'll the cafe.
All the fubiequent proceedings were dreqed by
the civil authority. The agents who executed the
orders of the Judge, indeed military msn, who
moR probably would rot have difobeyed he comn,an
der in chief but that officer isnot rcfponiible in this
WY for having failed nerpofe his authority, in
order prevent the execution of the orders of the
Judge, if thole orders ought not TO have been
given.
Upon full view Of the fubjeGl, the cafa appear,
to have been this, General Wiknfon was defirous
that the tehimeny Of the witnefs fhould be obtaed
and re of the accUfatons which had before beer
brought agalnts him, for the uls he had made of III
military power, he de(rous of obtaining the tc
tinouy by lawful means, and therefore referred the
fubjea to Judge Of the territory, under whole or
hers all fUSequent proceedings were taken Whe
,hsr the Judge did did tranfcend the limits p,o
lcribed by law, thoie mnlerAl officers no obeyed
his orders, cannot be iuppofed to have acted with
that he had mitaken his power. Should
!, be admitted that tins would be no defence for ,ben
ia an action, obian compensation for the injury
vet il furtihcs luficent evidence that no eoptern,
vas intended to this by Gen. Wilgnfon, tba,
he has not been guilty Of any intentional abnfe of i,s
process or of any oppFeion in the manner of exeeu
ting it.
i; is f4id that Capt, Gaines the gentleman whom,
the Narihal appointed bis deputy for this particular
purvol. had not taken the oath of office, aud was
therefore cot legally qualified a in that character
However correa this obervation may lie in itleE il
does not appear the court uniiy an attachment
againll Gen. Wiknion. The perlpu who fees II,
The pofelIion Of another, eomm7oD as deputy Mar
ha and fees that Others selng under that eommini-
on OUGHT not to he fuhjeeed to procefs Of contempt
TO, having made inquiries reipetiiug the oath which
the law requires to be taken
The attachment will not be awarded becaufe Gen.
.ral Wilkinion cannot be couhdered as having CON
troubled or Influenced the conduct of the civil rnagis-
trate and becauie in this trauIalion his intention
appears TO have been not To violate the laws IN
Cacn cafe where an attachment does not feem to
be abCDlu;ey required by the juiee, due TO the par
ticular individual sgan1 whom The pfoiceution is
depending the court Is inclined to leave the
parties to the ordinary coarle OF law, than to en-