Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-07-03
SaturaRy, Aaf ~.

The Chief Justice read The following
epioion on the mosiOn fos'an astachmcnt
saeSinst general Wiikinsoa.
The motion now suuder consideration
was heard at sl1is time because It was al
3 ledgcd 70 be founded on fact which mi ght
s agecl the justice Of ibe case in which the
court IS about 70 Be engaged, and became
while the bills wsks depending before rhe
Grand ipry, he court right without i'm,
pedipg;he progress Of the business, exa.
niae into he complaint which has been
made.
The n,nsicn is e attach general Wilkin-
scn for contempt OF this court by CD.
s4ncsiug shs fair course OF justice with
regard 10 prosecution depending before
..is. In support Of this charge has been of
tered The testimony Of Mr.. Knox. who
slasrs acoversati0n between general Viii.
kinson and himself, previous % his bei1g
served With subpoena, The objecs Of which
was 10 extract from hirO whatever iafosn,a.
homie might possess respecting the expo
diIion which was the subject Of enquiryin
this eour,; and Who srases also, that he
was afterwards snmmSned before judge
Hall, who examined and committed him
10 iail, whence he was takea by order of
The dspu,y marshal, who was military as
we'll as a civil officer, and put on board the
Revsnge,in which gen. w. sailed fer the
purpose Of being brought from N. Orleans
90 Richmond,
That u1fair practices towards witness
who was 10 siye testimony in Ibis court,
or oppression sndsr color of It's process !;
although those practices and that cppres,
sion were acted 10 another district would
be punishable 10 the mode now suggested
provided the person who had acted there,
came within the jurisdiction of the court,
IS position which the courtis not disPos
ed TO consrovert; but il is also believed
that this mode of punishment ought not to
be adopted unless the deviation froml law
could be clearly attached to the person z.
raipsnt whom the motion was made and
sunIeas the deviation was intentional, or
0nlsss the course Of judicial proceeding,
was or nigh; be 50 Affected BY il as to MAKE
5 punishmSnt in this mode obviously COZ
ducive to fair s correct administration
of justice.
The conversations which took place be,
tween general w and the witness. was
nausfs.sly held with the intention of draw
log from him any informa.ioa which he
might possess, rrla,iye TO the expedition
which was then the subject of enquiry. In
this inlen.ion there was nothing unlawful
Goveromens and those who represent i,
may jus,i6shly and laudably use means to
obtain voluntary communications, provid
Sed those means be not such as to tempt the
person making them, to give an improper
soldering 10 his representations, which
might afterwards adhere to them, where
! serea,ed 10 courr.-The addresses stat
exd to- have been employed, the condecen
~sion and regard, with which the witness
was treated, are not said by himself to have
been accerapanied with any indications cfa
desire 70 draw from him, more than the
truth. The effer of money If with a view
80 corrupt, could not be too severely re-
pretended. It is certainly dangerous
!. species Of communication between those
who are searching for testimony, anc the
!. person from whom it is expected. B0x
in this case the court canuoi contemplate.
the oRer as being made with immoral
views. The witness had right TO demand
! from rhose whom he was expected tc
accuse, a small sum Of money sufficient
TO subsist him ou his return TO his home
He was asked whether on receiving his
sum his objections to giving tes;in,on,
Z would be removed. This was certainly
delicate question. but il might be asked
without improper motives, s il was press
ed 60 further This is not shewn TO be
. consempt to coatsminatc the course of
5 justices and aconsequert contempt of the
fach ss ~ = ax.,d - -