Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-03-12
to the Commonwealth near the Bell Tavern
"A dollars per annum.1

| OF the Spanish provincial government OK
Louisiana, the privilege of carrying the pro
| ducts of Kentucky to the New Orleans mar
! ket; that the said products, thus carried
or forwarded by him prior to the year 1870.
| as Appeals by the several accounts current,
sold in said market for more than eighty
thousand dollars--a sum of greater maspi-
tude than is alledged, in the specification :,
the first charge, to have been received Uy
said Wilkinson on account ofhis pension or
stipend; that during the year 1870, the
shipments ofsaid Wilkinson, TO a very con-
siderable amount, appear to have been sold
by particular agreement, TO Governor Miro
who purchased them on account OF the King
OF Spain--the proceeds of which were sub
sequenty RENTED to said Wilkinson at va
rious times, and by means of various persons
and therefore q strong presumption results
from the evidence, that hesevcral sums en-
braced by the several specifications to the
first charge, (alledged TO have been receiy-
cd by said Wilkinson. on account of his Span
ish pension or stipend) were part of the avails
due to said Wilkinson, on account OF the Sc
veral shipments made by him during the pc
Rod Of his commercial transactions at New
Orleans.
The preceding remarks are grounded on
proofs, both direct and collateral; from the
whole OF which a violent presumption arises,
that tue connection, formerly subsisting be-
tween Gen. Wilkinson and the late Spanish
provincial government of Louisiana, was e?c-
ciusively OF commercial nature, which
was maintained on the part OF said Wilkin-
son, by such means as his policy and inter
est suggested to ensure success, though ten
ding to excite jealOuses and uufavorable sus-
picions OF his views; that SAID Wilkinson
made no shipments, subsequent to the leat
$780, and that the avGils of said shipments
were occasionally RENTED to him till the
year 1896, when the account between Cen
eral Wilkinson and Gov. Miro was finally
closed, and balanced by their respective a
geRts--atter which there is no evidence of
the receipt of money by him from said Span
ish provincial government, or any of its a.
gents, except in one instance, by his own
voluntary confession, and that on account OF
former mercantile contracts
On the second charge, and the FIVE spcci-
fcations attached to that charge, cater hear
ing AL evidence, both for and against the ac-
cused, and due deliberation being had there
ON the court is of opinion that said charge
and specifications ere not supported. and
therefore aCquits Brigadier General James
Wilkinson or all and each them.
The evidence addcccd ia support ef said
Charge and specifications, appears in great
measure, 20 grow out Of the private cores
poGdcncc Of General Wilkinson with the
Spanish officers and agents, .6e statement of
SIC witness, and the oral testimony, deD<ys!-.
tiof' and nsIrati--, Of aaCtheS,
Il appears evl'eat 20 the court, that, in
I7s5, a considerable sum oi money was due
70 Gen. Wilkinson from the Spanish govern
ment at New Orleans, on account Of his com
mercial transactions. This crcum stance IS
deemed Sufficient to account for such parts
OF said correspondence as have been proved
which was apparently intended to preserve
the friendship Of the officers ard AGENTS of
the Spanish power; to magnify tie impor-
lance Of General Wilkinson in their view
to secure his property then under their con-
troll at New Orleans; and to facilitate it's re
mittance from that place.
There is no proof before the court that the
letter said to be in cypher, bearing date the
22d of September, 1896, was actually writ.
ten by General Wilkinson, and forwarded
by him to Governor Gayoso, as said letter
imports. On the contrary, the only witness
who has testified OH this point, does not pre-
tend the least knowledge Of the fact: and az he
pretends to know is, that the said letter vas
put into his hands by said Gaycso, who GER
tihed it to be decyphefed copy of one writ
ten by Gen. Wilkinson and addressed to
himself.
Strong doubts areentertaned by the court,
whether General Wilkinson ever directed
to lay before the Baron de Carondelet and
Governor Gayoso the verbal observations all
luded to in the first specification, because
the court has no other proof than the testi-
mOny Of said eInssary, whose general char
acter for truth and veracity has been i'm
peacied by several credita5le witnesses, and
whose conduct before the court, while under
the obligations Of an oath, was such as 90 rem
der his allegations uspicious-because his
testimony in generai seems to have been civ
en- under the dominion Of strong prejudices.
ifnot malice--because the testimony of said
emissary is contrary to the most solemn as
suraIces, both written and verbal, previous
ly made and uttered by him, TO various Der-
sons, even SO recent as 19O7--and because
said testimony appears to be voluntarily of
fered, after a lapse of many years which
in any case ought to be admitted with some
caution, and much more 50, from the char
acter OF the witness ard emissary in ques-
ton.
The court IS Of opinion that tn Instruction
to said emssary, allcdged to b. ia the hand
writing OF Philip Nolan Of any suCh were e.
yer authorised by Gen. Williuson) were
mostly intended to accomplish an object bY-
no means criminal, which grew out Of The
dispute at that time unfortunately subsistine
between him and Gen. WAYNE.
The records of this court viii sh.y tbat
the witness brst alluded to, By two let,e-s
addressed 20 said cins,ary, Just before lr.
exhibited MS ssdsentcut under oath, in Japu-
arr, fB0S, md IN contemplation 81 rat state-
mont manifested etgft "a Jc~;d.J l..,...l....