The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-02-29

vi ioTWardeu Oy nm prior to the year 1870
AS appears by the several accounts current,
sold IN said market for more than eighty
Thousand dollars-a sum of greater magni-
sude than is allcdged, in the specifications to
the hrst Charge, to have been received by
SAID Wilkinson on account of his pension or
istipend that during the year 1890, the
shipments of said Wilkinson, to very CON-
siderable amount, appear to have been sold,
by particular agreement, to Gov. Miro, who
purchased them on account of the King OF
ISpa;n-the proceeds of which were subse-
|qucntly remitted to said Wilkinson at vari-
Gus times, and by means of various persons,
ana therefore strong presumption results
from the evidence, that the several sums
embraced by the several specifications to the
hrst charge, (alledged to have been receiv-
eu by said Wilkinson, on account of his
Spanish pension or stipend.) ware part of the
avaiIs due to said Wilkinson, OH account of
the several shipments made by him during
the period OF his commercial transactions at
INewOrleans.
The preceding remarks are grounded on
proofs, both direct and collateral from the
Whole OF which a violent presumption arises,
that the oonnexion, formerly subsisting be-
tween General Wilkinson and the late
spanish provincial government of Louisiana.
was exclusively OF a commercial nature,
which was maintained on the part of said
wilkinson, by such means as his policy and
interest suggested to ensure success, though
tending to excite jealousies and unfavorable
suspicious OF his views !; that said Wilkin-
son made no shipments, subsequent to the
year 1870, and that the avails of said ship
ments were occasionally RENTED to him till
the year 1875, when the account between
General Wilkinson and Governor Miro was
hnally closed, and balanced by their respec-
tive agents-after which there is no evidence
OF the receipt of money by him from said
spanish provincial government, or any of
It's agents, except in one instance, by his
own voluntary confession, and that ON &C
count OF former mercantile contracts.
On the second charge, and the five speci-
locations attached to that charge, CATER hear
ing all evidence, both for and against the
accused, and due deliberation being had
lthereon,) the court is of opinion, that said
charge and specifications arc not supported,
and therefore acquits Brigadier General
James Wilkinson of all and each of them.
The evidence adduced in support of said
charge and specifications, appears in great
measure, to grow out OF the private CORES
lPondence OF General Wilkinson with the
spanish officers and agents, the statement of
one witness, and the oral testimony, deposi-
ton and narrative of another.
1t appears evident to the court, that, in
lI95, a considerable sum of money was due
to General Wilkinson from the Spanish go
lvernment at New-Orleans, on account of his
commercial transactions. This circum-
stance Is deemed sufficient to account for
SUCH parts OF said correspondence as has
oeen proved, which was apparently intended
TO preserve the friendship Of the officers and
agents of the Spanish power to magnify
the Importance of General Wilkinson in
their view to secure his property then UNI
| der their control at New-Orleans and to
facilitate its remittance from that place.
! here is no pooof before the court, that
the letter said to be in CIPHER, bearing date
the 22d OF September, 1896, was actually
written by General Wilkinson, and forward
ed by him to Governor Gayoso, as said
letter imports /; On the contrary, the only
witness who has testified on this point, does
not pretend to the least knowledge of the
fact !; and all he pretends to know is, that
sand letter was put into his hands by said
Gayoso, who certified it to be decyphered
tCopy OF one written by General Wilkinson,
and addressed to himself.
Strong doubts are entertained by the court,
whether Gen. Wilkinson ever directed the
eRissary, mentioned in said specifications
to lay before the Baron de Carondeiet and
Governor Gayoso the verbal observ atoms
alluded to in the first specification, because
the court has no other proof than the testi-
'''N'iy Va Siiu "IiOSC 6ChCEdl Clldr-
acter, as to truth and veracity, has been i'm
| peached by several creditable witnesses, and
whose conduct before the court, while under
the obligations of an oath, was such as tc
render his allegations uspiCious-because
his testimony, in general, appears to have
been given under the dominion of strong
preJndiCes, it not malice-because the testi-
mony OF said emissary, SO far as it is appli-
! cable to the points i'll issue, is contrary to
the most solemn assurances, both written
and verbal, previously made and uttered by
/ him to various persons, even SO recent by as
! 18O7-and because said testimony appear S
to have been voluntarily offered after lapse
ot many years which in any case ought to
be admitted with some caution, and much
more so, from the character of the witness
and emissary in question.
The court is of opinion that the instructions
to said emissary, aledged to be in the hand
writing of Philip Nolan (if any such were
ever authorised by General Wiikinson) were
mostly intended to accomplish an object by
no means criminal, which grew out of the dis
pute at that time unfortunately subsistine
between him and the late General WAYNE.
The records of this court will shew tina,
the witness first alluded to, by two letter.
addressed to said emissary just before he
, exhibited his statement under oath, in Jan
1903, and IN contemplation OF that statement
manifested such decided hostility to sait
Wilkinson, as apparently TO mediate hi!
ruin without regard to the means. The mo.