Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-02-01


The Court Martial for the trial OF Gen.
Wilkinson being a matter of considerable
general interest, and its recent and prelim-
mary proceedings having excited much GU
riosity, we have taken rome pains to obtain
correct information of its progress. The
following may be relied on:
The court convened on the 10Th inst at
Troy. Before the members were sworn,
Gen. Wilkinson appeared before them and
was requested by the President to state whe
Their he had any objections to the members
composing the court, or any of them 20
which the general replied, that he was well
satisfied with the court, and should make
TO objections to any of the menbers-they
were accordingly sworn. The president
then called on the army judge advocate, *
also the special Judge advocate, 10 take the
cath prescribed by the articles of war. NJ.
V. Bueren, Esq then presented to the coart
his appointment from the secretary at war,
of special judge advocate, for the trial of
Gen Wilkinson, the copy of a letter to the
general announcing to him the appointment
and also the cory of letter frcm the army
adjutant and Inspector general to T.. A
Bancker, Esq army judge advocate, appri'
sing him of the appointment OF Mr.. V. Bn-
rcn in the trial. The above document ha-
wing beea read, Gen. Wilkinson read his
objections to Mr.. V Burcn's condu citing the
prosecution, founded on the genera! ground
that the president had no authority to APP
point special judge advocate. or to depute
any other person to act as such. He at
tempted to support his objections by re-
ference to the various acts of Congress which
have been passed the subject, and en-
deavored to shew that the previous eXer-
cie nf ted nv,
law.
Having finished the reading of his objec-
tions, Mr.. Van Buren, stated, that the cues.
ton submitted by the accused, was, as II
respected him (Mr. v. b. one of peculiar
delicacy. That the station for VIII CHI he haG
been selected by the President, was not o!
his seeking but one he had felt himsei
bound to accept, and the duties of which he
was prepared to dis .harge. That the very
nature Of those duties p;ecluded in his judg
ment the propriety of his expressing any
1so.icitude on the subject. That he deemed
the authority under which he claimed to
act, competent nor him, and binding on the
court. That it was for them to decide how
far they had right TO arraign the conduct
CT the government on the subject, and &c
decide on the legality OF the course which
had been adopted That the responsibility
of that decision was with the court aud the
accused and that he should Conform t.
such order as the court should feel them
selves justified To make.
After some pertinent remarks from the
Army Judge Advocate on the subject, the
court was cleared, and after being closed
sen.e time, adjourned until the next morn
ing when. from the reading of the minHtes
it appeared, that two questions had occu-
pied their attention viz.
/. Whether it was competent for them &c
decide on the validity of the appoint.
mcnt of the SPECIAL judge advocate
9 lfthey had the authority, whether the
law authorised such an appointment
That they had decided the first in the al
frmative aud the second in the n, gative
end that they thereupon refused permission
70 Mr.. v. Buren, 70 conduct the prosecution
Rgains, Gen Wilkinson, on behalf OF the
United S'a'es.
II further appeared from the minutes
that tie army judge advocate. Mr. Bancker
had ,hereupon stated to the courl, that he
knew that it was not contemplated by 90
verument. that the prosecution pf the iria
should de, olive on him that he shcuIt
therefore decline proceeding fur her in TN,
trial, unless directed by the court 80 to do
and that such direction was given.
Gen. Wilkinson was then arraigned. ant
amer making objection 10 the char es, which
was oversruled, plead not guilty, aud Tia,
cult adjourned to the next day
STATE OF VERMONT,