The Wheeling repository — Wheeling, Va. [W. Va.], 1807-03-05 00:00:00, page 4

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were apprehended, at rCew-Orlc^ns, by,
the military, by order of Cen. Wilkin
son, in December last, and kept in close
custody, on suspicion of being concerned
in Burr’s plot. Writs of habeas corpus
■*\'eft* issued to bring them before the ci
auth.ority, that cause might be shewn
for their con fi: cment. Mr. Ogden was
delivered up in obedience to the writ,
and the officer who had him in charge
producing only the order of Gen. Wil
kinson as the cause of his confinement,
he w as set at liberty. In the other ca
ses, no ret irns were made to the writs
until the prisoners were dispatched to
the seat of government for trial. James
Alexander, Esq. who acted as counsel
for Messrs. Bollman and Sv. artwout,
and had used every effort to procure their
release, moved for an attachment against
Gen. Wilkinson for disobedience to the
habeas corpus, and on the same day he
was himself seized by order of the Ge
neral, and sent round to the seat of go
vernment, as a suspected person. On
his arrival, he was carried before judge
Ducket, of the district of Columbia, and
released.
Upon their arrival at the seat of go
vernment, Messrs. Bellman and Swart
\vou.t were brought before the district
rourt of Columbia, and committed to
take their trial for Treason. The Su
preme Court of the United States have
awarded a writ of habeas corpus, to bring
Sollinan and Swartwout before them,
• end also a writ of certiorari, to remove
the- record of the District Court of Co
lumbia into the Supreme Court.
In the President’s message to Con
gress respecting Burr, he states that
Messrs. Bollman and Swartwout were
principal emissaries of Burr, and “ par
ticularly employed in the endeavour to
corrupt the General and army of the U
nited States.”
On the 1 8th February, Gen. John A
«lair, late a Senator of the United States
from Kentucky, and Mr. Peter V. Og
den, (who it seems was seized a second
lime) arrived at Fort M‘Henry, in Bal
timore, rent irom New-Orleans in cus
tody ot Lieutenants Pinckney and Luc
kett, under a military order of General
W ibdnson. Upon application, fudge
.Nicholson issued a writ of habeas cor
pu.i, upon which they were brought be
fore him. After examining the order
for detaining them, signed by Wilkinson,
and also examining the officers touching
their knowledge of the guilt of the pri
\ • /
sonr^a, Judge Nicholson ordered them
both to be set at liberty.
The Louisiana Gazette of the 30th
December contains a very lengthy ad
dress to the public, by Edward Living
ston, Esq. late of the ci yof New-York.
This address, which is warmly and
eh gantly expressed, does away the
suspicions, and deni s the charges of
general Wilkinson, of Mr. Livingston’s
having any concern in, or knowledge
of. Burr’s conspiracy. Mr. Livingston
boldly vindicates the authority oi the
Laws, and lashes Wilkinson lor his
wild and illegal conduct relative to
Bellman, Svrartwout and others. Mr. L.
concludes his address in these words :
u I know not -what effect this publica
tion willhav:—t may justify me to my
country, which is the first wish of my
heart—it may be the means of producing
a strict scrutiny into my conduct, which
1 invite—it may draw down the further
vengeance of my accuser, which I will ne
ver deprecutt—But, whatever may be the
event, nothing can destroy the conscious
ness I enjoy of my own rectitude on this
occasion—nor the dett rinitiation, in my
humble sphere, to resist oppression and
assert the Empire of the LAWS.”
[From the (Gettijsburgh) Centinel.]
Jl V understand that Dennis Cassat, ii.sy.
of Wheeling, is determined to bring a suit
against the Governor of the state of Ohio,
for issuing ci writ and causing him to be
arrested, as one of Burr's conspirators,
on mere information.
Mr. HAP.rr.u,
Sir, 1 am sorry to see some misrepre
sentations in public prints, relative to my
being arrested at Chillicothe, for being
what is called one of Burr's conspirators;
and / am also sorry to see that some Edi
to s who were forward in stating my
arrest, and that my trio’ was depend
ing, have not done me the justice to pub
hs/i my acquittal■—/ then jorc think it a
duty I oxvc to my friends and relations,
xvho arc considerably scattered over A
m erica, as xveU as to do justice to my self,
to state, that, I know nothing of Burr
or his conspirators, (if there be any J and
that the grand jury in my case found no
bill; although some of the members of the
Ohio l.n*i stature xvere maliciously de
sirous of it.
Printers xubo have only published my
arrest, xl>”7 no more than do me justice
by inserting the above.
D E AW IS CASS A T.
Wheeling, peb, 3d, 1307.
POR THE WHEELING REPOSITORY ^
NOW, when it is known that Burr’s
plans, whatever they were, have proven
abortive, and that he has surrendered
himself up to abide the sentence of the
law, it cannot be improper to animad
vert* on certain measures which have
been adopted against him and his sup
posed coadjutors. When we reflect on
the means he possessed, to effect a sepa
ration of the Union, supposing that to
have been his object, it seems strange
that much danger could have been ap
prehended, or that any violent or op
pressive measures should have been
deemed necessary to defeat him.
The strength of our government is in
the aff ctions ol the citizens. No sec
tion of the Union can be endangered by
domestic disturbance, unless a great por
tion of the people are disaffected. That
kind of Rebellion, which permits all the
officers of government to discharge their
functions ; that description of Treason,
the standard of which is no where erect
ed, the partisans of which skulk and hide (
from the observation of all, cannot be
dangerous. A tew desperate men,whose
adherents dare not avow themselves, can
never endanger a government strong in
the affection of the people.
For four months past, the country has
been under continual alarm and appre
hension from Burr’s Treason. Yet on
the waters of the Ohio, in the very focus
of this supposed Treason, no man could
point out a person known to be a Trai
tor. While almost every individual war
alarmed for the safety of the country,
the most undisturbed harmony and con
fidence existed among us: the Court*
sat; the Legislatures convened; the mail*
pursued their routes without interrup
tion ; no voice was heard, which did not
breathe an ardent w ; h tor the weliarc
of the govcrnim nt. Yet in the midst of
this perfect tranquility, a most extraor
dinary and unwarranted alarm pervaded
the count; v. The name of Burr seemed
to have bad a magical operation. In a.
country where no man openly seconded
him, except a few despicable adherents,
who were chiefly ignorant of his pur
poses, he made as much noise, excited
as much terror, and gave rise to as ex
traordinary a course of conduct, as it*
the standard of Revolt had bet n hoisted,
and surrounded by half onr citizens.
The Legislature of Ohio, as soon a»
they were convened, apparently in a pa
nic, passed an act, by which the country
w as iu effect put under military govern*