The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-26
D5cRT OF ENQUIRY
IN THE CASE or
GENE R.dL WILLIAMSON
FRIDAY, JANUARY IS.

SSn. w lthiuSOh dppCstiSNr civ s4N NNN'
having stated Ii at they wereready 90 proceed
to 0osiness, he cnquired whether 1T was ca
pected that the gentlemen rotihed would at
tend. as he wculd wish to make the remarks
he purpDsed to oiIer iii their presence. Il was
replied that no answers had been yet receiv-
ed from them.
4 short time after. the following letters
were received from MesSrs. Clark and Row
an, in answer TO the notices served upon them
Thc letter Of Mr.. Randolph was subsequent
ly received:
The form of the notices is as follows, with
the variation of the name of the gentleman to
whom il was addressed
To ire Honorable Daniel Clarke, Deie-
gate TO Congress, from The territory 81
Orleans.
The President of the United States, at the
request of Briga iier General James Wilkin-
SON. having appointed a Military Court of
Enquiry, for the purpose of hearing tcsti
mony in relation to the said Gen. Wilkinson
baving been, or now being psnsioner TO the
Spanish government, while holding a com
mission under the government ct the United
States and it being duly intimated to the
Court, that your testimony, touching the mat
ter in question, will be material on behalf OF
the United States; it is therefore especially
requested by the Court, that you viii please
attend the Court, OH Friday. next, at 10 o.
clock, a. II. in order to give evidence in the
case in hearing.
Done by order of the Court, this 18th
day Of January, 1903.
WR. JONES, jr. acting
as Judge-Adrocate
Wednesday, 18th Ian. 1905.
The following are the ANSWERS received:
Washington, Ism Jan. 1908.
SIR,
/ have received your note Of the 18th
inst inti.nlting the request of the Military
Court of Enquiry instituted at the instance
of General James Wilkinson by the Presi-
dent, that l should attend as a witness to
give evidence, relative to the charge made
against gen. Wilkinson of his being or ha-
wing been pensioner of the Spanish govern
msnt. You will permit me, sir, through you
to inform the Court, that under the order of
the House of Representatives, have AREA
dy communicated in deposition the sub
stance of my knowledge and information
respecting the subject OF the matter before
the Colrt.--Ths deposition by or
der of the House has been transmitted to the
President TO be used according to his eliscrc-
tion. / shall have no objection to testify fur
Their before any court legally authorised to
call citizens before them competent to the
full investigation Of so comPiicate case;
but understanding as do, that military
court of enquiry has no power of acting but
in relation to military men, and that the at
tendance Of citizen totestify before them,
would be considered merely voluntary, tho
] am in no degree disposed to withhold, when
= ,rrorerl.- Calied upon, my 1nToT'I,otioa pos
sess TO the subject Of the charges before
the court, yet l cannot consent to appear be-
tore & tribunal whose RUE OF proceedings is
purely military, and whose powers cannot
enable them to call for corroborative proofs
upon points which might be rendered ques-
tionablc On the testimony of single witness
by adverse evidence.
I have the honor to remain, very respect
fully, sir, your most obedient servant,
DANIEL CLARKE.
~. Jones, jr. Esg.
SIR,
Your note of the 18th inst requesting
that would on this day attend as a witness
at the Military Court now sitting for the pur-
pose las it is said) of enquiring into the con-
duct of Brigadier General Wilkinson, rela-
tive to his having been pensioner of Spain,
whilst in the service of the Quilted States,
was received by me on yesterday-I am not
personally acquainted with that officer, nor
dol although have heard and believe much)
OF my own knowledge, know any thing which
according to the established rules of Evidence
in civil cases could be heard BY that court
on the subject Of their enquiry But if / did
my ignorance OF military tribunals IN the Ee-
!. netai, and Of this in particular-my i'm
|; pTessons as to its erection and object, and
it, Impotence to Coerce the attendance Of cor
rcborAtiPe witnesses would reStrrin me from
appearing as a witness before that court
the court with whom / have no, the honor
OF a personal acquaintance, 90 far from in
]crring from my non-attendance any want Of
ycspect 20 them individually win have the
goodness to ascribe it to the motives above
= ~ siSne1, to my habitnal aid decided prefer,
ence for the cfUfe Institutions, and to my
< tir'n belief, that they only are competent to
srnabe The present enquiry efficiently.
Accept for yourself the assurance of nav
high respect and esteem.
JOHN ROWAN.
Halter Jones, jr. E8g.
January 18th, 1865.
SIR,
Your sum IONS did not reach me until a.
hout an hour ago to which circumstance 4
lone you will mpute the delay Of this -
swcr. have 10 personal knowledge IF any
circumstances which can be nuaterial to the
inquiry in which YOU arc engaged, ana there
fore beg leave 20 decline attending; the mill
: tary court OF which You are judge-Adyo-
cate.
am very respectfully,