WILKINSON.

A copy.

MAN. GAYOSO DE LEMOS.

N. B.--Don Gayoso was then Governor of Natchez, and the same

year was made Governor of Louisiana.

Mr. RANDOLPH stated the following to be an extract of a letter signed “T.

Power,” whose handwriting, he said, could be identified:

“On the 27th of the same month [October last] appeared in the

Richmond Enquirer a certificate given by myself to General

Wilkinson in New Orleans on the 16th of May preceding.

Immediately on my getting sight of this piece, which was the

same or the next day, I addressed a note to his Excellency

General Wilkinson, [No. 3.] Of this I did not keep a copy,

and therefore dare not vouch that it is an exact literal

transcript of the original; but I will be bold to say that

it is nearly (or, to make use of the General’s own language,

_substantially_) the same.

“Between my repeated declarations to many of my friends

and acquaintances (I must say it with a blush) and this

certificate, there is a manifest contradiction. And between

this same certificate and the deductions to be drawn from my

declaration before the Richmond Court, there is an apparent

inconsistency, which it is now my task to clear up and

reconcile.

“During General Wilkinson’s residence in New Orleans, last

winter, I used occasionally to visit him. A few days before he

left New Orleans, I waited upon him one morning, and after

some conversation on certain transactions that had taken place

at a former period in the Western country, and on the delicate

situation in which his conduct during the winter was likely to

place him, he asked me if I had any objection to give him a

certificate that might help him to silence that foul-mouthed

Bradford, and refute the assertions of the editor of the

Western World. I replied without hesitation that I had none,

and would give him one with pleasure, provided he promised me

it should not be published. On this he assured me that the

only use he proposed to make of it was to lay it before the

President, with the view to prove the falsehood of the charges

circulated against him, vindicate his character, and secure

the confidence of the Executive. This, if not exactly, is

_substantially_ what the General said. He then desired me to

sit down and write the certificate. I observed that I might

not make it out entirely to his satisfaction; and that, as he

best knew the points he wished should be embraced in it, he

had better make it out himself, and I would copy it. To this

he agreed. Next morning, I waited on his Excellency, and he

presented me the certificate, which I copied, as it has been

published, with a few alterations. One--a very material one--is

that, after these words: ‘Do most solemnly declare that I have

at no time carried or delivered to Gen. James Wilkinson’--I

erased the words, ‘either directly or indirectly,’ and declared

to the General I could not insert those words. He did not

insist, and contented himself with saying that he wished me to

insert them if my conscience would allow it, but not otherwise.

This is ingenuously exactly what passed between the General and

myself at that time.

“Now let me with the same frankness and ingenuousness, without

referring to any preceding or subsequent event, narrate

the transaction of 1796, alluded to in my certificate, and

concerning which I offered to give testimony in the federal

circuit court in Richmond. It is the same that is the subject

of the affidavits of Messrs. Derbigny and Mercier. That of the

former gentleman is correct as to substance, for I actually

did receive from Captain Don Thomas Portell, commandant of

New Madrid, the sum of $9,640 for General Wilkinson, towards

the latter end of June or beginning of July, 1796, which was

packed up in the manner described by Mr. Derbigny, and when

I was stopped and my boat searched on the Ohio by Lieutenant

Steele, under the orders of General Anthony Wayne, I had other

sums on board, but this was the only one I had received for

General Wilkinson. On my arrival at Louisville, determined not

to expose myself a second time to military insult, and fearful

of being overtaken by Steele on his return, and of being again

overhauled, I landed my cargo, purchased a horse, and proceeded

by land to Cincinnati. As I passed through Lexington, I

published in Stewart’s Kentucky Herald my affidavit concerning

this outrage, supported by those of the spectators of the

transaction, Welsh, White, and Sansom; preceded by a few

strictures on this military piracy, signed Impartial. And I

now take this opportunity of clearing General Wilkinson of the

charge of being the author of it, as is asserted by Bradford,

of New Orleans, and declare it was written by myself, and that

excepting Captain Campbell Smith, no person ever saw it before

it was put into the hands of the printer.

“At Cincinnati I acquainted General W. with the circumstances

that had occurred, and he gave me orders to deliver the money

to Mr. Philip Nolan. These orders I punctually executed. Mr.

Nolan conveyed the barrels of sugar and coffee that contained

the dollars to Frankfort in a wagon. I there saw them opened in

Mr. Montgomery Brown’s store. The sugar and coffee I afterwards

sold to Mr. Abijah Hunt, of Cincinnati.

“I shall take no notice of Mr. McDonough’s affidavit. It does

not refer to any thing alluded to in my certificate. That

part of mine that has reference to my mission to Kentucky and

Detroit in 1797, I shall also pass over in silence, as it has

no connection with the present subject.

“I will now endeavor, in a few words, to reconcile what may

appear contradictory and inconsistent in my certificate, and

the declaration I have just laid before you.

“Was I base and dishonorable enough to descend to

tergiversation, captious logic, and sophistical evasion, I

could maintain that this contradiction does not exist, and

that I never did carry or deliver to General Wilkinson any

cash, bills or property of any species. It is true I delivered

a certain sum of money, by his order, to Mr. Nolan; but

Philip Nolan is not James Wilkinson; _ergo_, I may with a

safe conscience swear that I never delivered James Wilkinson

any money, &c., but I scorn to make use of any such pitiful,

contemptible and degrading mode of defence, and will allow for

a moment that I did deliver to General Wilkinson the money in

question. It is generally admitted that in politics morality

is not to be measured by the same narrow scale as that which

ought to regulate the moral conduct of men in their private

concerns. The rigid stoic would, on a long run, make but a

bungling politician; and the most austere moralist, if he has

his country’s interest at heart, and is acting in a public

capacity, would not hesitate to do that which, as a private

man, and in private concerns, he would shrink and recede from

with horror and trembling precipitation.

“Let us now for a while suppose that I was a secret agent

of the Spanish Government, and that General Wilkinson was a

pensioner of said Government, or had received certain sums for

co-operation with and promoting its views, and that those views

and projects were inimical to that of the United States, should

I be worthy of the trust reposed in me by my Government, were I

to refuse to give General W. any document that might contribute

to raise him in the good opinion of the Administration of his

country, blazon his integrity and patriotism, and fortify him

in their confidence, and by their means enlarge his power of

injuring them and serving us? Surely not; or if I did, I should

deserve to be hooted at as an idiot.”

Mr. RANDOLPH then said it would be waste of time to comment on what he

had read, but he conceived it his duty to tell the House that he had

good cause to believe that there was a member of this body who had it

in his power, if the authority of the House were exercised upon him,

if he were coerced, to give the House much more full, important, and

damning evidence than that which had already appeared. He alluded to

the gentleman from the Territory of Orleans, (Mr. CLARK,) whom he had

now the pleasure to see in his seat. If the United States were in the

critical situation which had been so often represented, and in which all

considered them to be placed, in what position was the military force of

the United States at this moment? Was it not proper that this business

should be inquired into? He had been given to understand, long ago, that

an inquiry on this subject was to be courted; it had not taken place. He

had no more to say, but moved the following resolution:

_Resolved_, That the President of the United States be

requested to cause an inquiry to be instituted into the conduct

of Brigadier-general James Wilkinson, Commander-in-chief of

the Armies of the United States, in relation to his having, at

any time, while in the service of the United States, corruptly

received money from the Government of Spain or its agents.

Mr. CLARK said he unexpectedly heard himself named, and he would observe

that it had been long supposed, from his residence in Louisiana, his

acquaintance with military officers, and the various means of information

which he might have possessed while Consul at New Orleans, that he was

acquainted with certain transactions which had taken place in that

country. The knowledge which he had possessed he had endeavored to impart

to the Administration at different times, both verbally and by a written

correspondence, to which a deaf ear had been turned. As this information

had not been attended to, he had refused to gratify curiosity on the

subject. And, notwithstanding the gentleman’s calling upon him, he felt

himself bound to say that he would not be influenced by fear, favor, or

affection, to give any information on the subject, except compelled by a

resolution of the House.

Mr. THOMAS moved that the resolution offered by Mr. RANDOLPH should lie

on the table; but a motion made to consider was agreed to.

Mr. RANDOLPH said, as it appeared by the declaration of the gentleman

from New Orleans, that he did possess information, and as the House had a

right to it, he wished the Speaker or some other gentleman to inform him

of the manner in which it might be obtained.

[No order was taken on this point.]

Mr. TAYLOR moved that the resolution be committed to a Committee of the

Whole, not on to-day or to-morrow, but at a distant day, that time might

be afforded for consideration.

After debate, Mr. TAYLOR withdrew his motion.

Mr. GARDENIER moved that it be referred to a select committee, with power

to send for persons, papers, &c.

Mr. MARION moved to strike out that part of this motion giving power to a

select committee to send for persons, papers, &c.

On the foregoing motions a very lengthy and somewhat desultory debate

ensued of about five hours. The debate turned on many incidental

questions, among which, whether Congress had a constitutional right to

request the President to cause the proposed inquiry to be made? To this

it was answered that Congress had as much right to make this request

as to request the President to lay before them public papers--either of

which requests he might refuse. It was also said, that in making this

request, the House could not command more attention than was due to a

respectable individual.

It was doubted whether a member could be called upon to give information

in his seat, or at the bar of the House? In answer, precedents were

produced of cases in which members of the House had been interrogated at

the bar.

It was also contended, that if delivered in his place, the communication

would be liable to commentary or reply, by any gentleman who might think

proper to discuss it, in the same manner as any other speech.

It was made a question whether this information could be more properly

received by a Committee of the Whole, or a select committee, or by the

House? It was said on this, that it had heretofore been the course of

procedure to empower chairmen of committees in such cases to administer

oaths; that in the House a member could be compelled to give information

if the House thought fit, but in Committee of the Whole he could not

be compelled; that if information or evidence were to be received in

the House, it would perplex their proceedings by loading the table and

journals with interrogatories, &c.

It was questioned whether it were proper to decide it now, to refer it,

or to postpone it? On these points there appeared to be a great diversity

of opinion--some thinking that the evidence which they had received

was sufficient to induce them to pass the resolution without further

consideration, being a mere request to the President to inquire; others

wished further time and more evidence previous to giving their vote on

the subject, considering it of great importance; others were in favor

of a reference to a committee, to consider all the foregoing points as

well as the propriety of the main resolution; some wished this committee

to have power to send for persons and papers, to report to the House

their opinions on this subject, together with evidence, believing that

positive and satisfactory evidence should be produced before they adopted

this resolution, and as it was impossible to understand precisely the

evidence now produced from the mere reading of it; other gentlemen wished

it referred to a committee without power to send for persons, papers,

&c., as they conceived the House did not possess power to enforce their

orders in such cases, General Wilkinson being a military and not a civil

officer, whom the President alone had power to remove.

None of these points were decided either directly or by implication.

In the course of this devious discussion, the succeeding observations on

the main subject were made by different gentlemen.

Mr. W. ALSTON had heard nothing in the documents read to-day impeaching

the character of General Wilkinson more than what the newspapers

throughout the Union had teemed with for two years, except, indeed, a

letter from Mr. Power; and who was Mr. Power, or what credibility could

be attached to any thing emanating from him? Every person in the United

States who could read knew his character. He was opposed to coercing

evidence or considering a resolution proposing an inquiry, even if he

were in favor of the inquiry.

Mr. SMILIE thought the debate which had already taken place on a

reference totally improper. He had heard sufficient evidence on this

subject to convince him that such an inquiry was necessary; he did not

think that there could be any further doubt on the subject. The House

could not try General Wilkinson; he must be tried by another tribunal.

They owed it to the country and to General Wilkinson himself to request

an inquiry, and he hoped there would not be a dissenting voice on the

question of agreement to the resolution. He could not give an opinion

as to the guilt or innocence of General Wilkinson, but he thought it

absolutely necessary that an inquiry should be had.

Mr. GARDENIER was satisfied of the impropriety of proceeding on the

consideration of any question of importance too hastily, more especially

in a case so materially affecting an officer of high rank in the United

States. He wished to have time to consider fully before he could vote on

a subject of as much magnitude as this; they should not act from first

impressions. If the subject were referred to a committee with power

to send for persons, papers, &c., the testimony on the subject would

come before them in a proper shape, and not with the inaccuracy which

must always attend information given in this manner, but in a condensed

form, in which its force might be fully felt. He did not wish to be

precipitated into an inquiry too soon; neither did he wish an inquiry

to be made because it was due to General Wilkinson. If this inquiry was

courted by, and this motion intended as a favor to General Wilkinson,

he was astonished that it had not been brought forward before. There

certainly had been before ground enough shown for an inquiry into his

conduct; but if General Wilkinson’s conduct had so far evinced his purity

as not to excite in the Administration even a suspicion against his

character, if no inquiry had been made on the charges which had resounded

from every part of the Union, Mr. G. did not wish now, merely for the

sake of doing justice to that officer, to press an inquiry which the

Executive had not thought proper to make. Neither did he wish rashly to

decide on this question, because in doing this they would add the weight

of their accusation to the cries of the whole nation; the united force of

which no individual could repel.

Mr. CHANDLER said this was a subject which had been long before the

nation, and with which they were all acquainted: if that officer was

innocent, it was due to himself and his friends that an inquiry should be

made; if he were guilty, it was due to the United States. The evidence

produced was sufficient on which to ground an inquiry, and he was ready

to decide without further time.

Mr. NICHOLAS had no doubt but an inquiry ought to be made; after what had

been heard, if General Wilkinson were the lowest officer in the United

States, he should be of opinion that an inquiry ought to be made, but

he doubted whether this was a question on which they were now prepared

to decide. For this reason he had seconded the motion for referring the

resolution to a select committee, who could consider whether this subject

came under cognizance of the House; he considered the House as a mere

legislative body, except in the single case of impeachment. He was not

prepared to say what was proper to be done with this resolution, but

his first impression was against acting on it. It would open doors for

receiving complaints of the misconduct of any officer; he did not think

this power was lodged in the House, and he had no wish to assume powers

which did not pertain to them. As to the question whether there should

be an inquiry or not, no man could doubt. An inquiry must be made. Would

it be said that an office of this importance should be suffered to be

retained by a man who had received a pension from a foreign Government?

He thought it could not; and, therefore, he wished an inquiry to be made

into the truth of this charge.

Mr. BURWELL was decidedly opposed to reference to any committee whatever.

It seemed to be the universal opinion that an inquiry ought to be had on

the conduct of the Commander-in-chief of the Army of the United States;

and it was highly important that the subject should be acted on speedily.

If the nation was (as appeared probable) to be involved in war, it was

necessary that the Commander-in-chief should possess the confidence of

the Army, the People, and the Government.

Mr. JOHNSON said the good people of Kentucky were interested in this

subject. Many reports to the prejudice of General Wilkinson existed

there; nothing certain had appeared against him, but the people

entertained doubts on the subject; there were circumstances which they

wished to be investigated; if nothing could be found against him, the

sooner his innocence was known the better. Knowing this, he should not

hesitate to give his vote in such a manner as to dispose of the subject

most speedily. The investigation was due to the people, and to the man

himself.

Mr. MACON said if ever there had been a time since the year 1783, in

which it was particularly necessary that those persons in office should

have the confidence of the Government and of the people, that time had

arrived. Could it be expected after hearing the information which had

been produced that the people would have confidence in General Wilkinson?

It was as important that the Commander-in-chief should be free from

suspicion as that the President or the House of Representatives should

be unsuspected. The Commander-in-chief during the American Revolution was

irreproachable; calumny never assailed him, and he of course enjoyed the

full confidence of the people. The evidence which had been this day read,

they were told, had neither been before the grand jury nor the court

at Richmond, and there was certainly sufficient on which to ground an

inquiry.

[An extended discussion took place, and continued, at

intervals, until the 7th of January, when Mr. RANDOLPH withdrew

his motion, to make room for the following from Mr. BURWELL of

Virginia:

_Resolved_, That Mr. John Randolph, a Representative in

Congress from the State of Virginia, and Mr. Daniel Clark,

Delegate from the Territory of Orleans, be requested to lay

upon the Clerk’s table, all papers or other information

in their possession “in relation to the conduct of

Brigadier-general James Wilkinson, while in the service of the

United States, in corruptly receiving money from the Government

or agents of Spain.”

This resolution was adopted by a vote of 90 to 19.

In compliance with this vote, Mr. RANDOLPH immediately laid on

the table the documents he had read on the 31st, and Mr. Clark,

on Monday the 11th, laid on the table the following statement:]

_General Wilkinson._

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