The Wheeling repository — Wheeling, Va. [W. Va.], 1807-03-19 00:00:00, page 6

ance of the orders, a copy of which vm |
annexed, delivered the said John Adair
and Peter V. Ogden to the custody ot
Lieut. Pinkney, and that at the time the
writ was served on him, they w ere not
not in his custody.
The order referred to in the return of
Lieut. Luckett, was a letter from Gen.
Janies Wilkinson, dated New-Orleans,
Jan. 17, 1807, directed to Lieut. Puc
kett, which, on account of its length, is
not inserted literally, lie was com
manded to take with him a corporal and
three men, with ammunition, bedding,
ike. and to carry John Adair and Peter
V. Ogden on board the sch’r Thatcher,
bound to Baltimore, fie was also com
manded to be very strict in guarding
them, See. and on approaching the city
of Baltimore, to land near Port ]\1‘Hen
ry, and deliver the prisoners in safety to
the commanding officer of the fort. I le
was directed in the said letter to prevent
any boat from boarding the schooner,
and it a Habeas Corpus was served on
him or the capt. lor either or both of the
prisoners, he was to disregard it, and !
not to give them up.
Neither of the letters contained any
fharge whatever against either of the
prisoners, nor had the officers who had
them in custody given any information
of a charge against them. As lieute
nant Luckett had escorted the prisoners
from N. Orleans, the judge thought pro
per to examine him on oath. He was 1
therefore particular!) interrogated44 whe
ther he knew of John Adair or Peter V.
Ogden having been concerned in the
commission of any offence against the
laws of th • U. S. or against a w nation in
amity with the U. S.anii generally, whe
ther he knew for what offence they had
been taken into custody.3’’ To all of
which he answered that he knew nothing
relative to them, except what he had
heard in general conversation, an 1 had
seen in the newspapers, which was a re
port of their connection with Col. Bun
in the enterprize which it was supposed
he was carrying on, but he had no per
sonal knowledge of it from any other
source—that he did not see Gen. Wil
kinson alter the prisoners were arrested,
and therefore did not know the cause of
the arrest, lie had conjectur d that it i
y as a suspicion ol their being concernc 1
with Burr. II lik wise said, on being
epe stioned, toat he did not know of any
person who could give farther informa
tion, «or did he know or believe thattlv I
vaid Adair *nd Ogden, or either of
V
them,Were officers or privates in the I
army of the U. States.
The judge then addressing himself t
lieutenant Pinkney said, “these persons
have been brought before me in pursu
ance of a Habeas Corpus dir tied to
vou for that purpose ; they are there
fore, now under the civil authority, and
are to be dealt with according to ’» ;w.
No testimonv what t er has been addu
ced to shew that th y have been guilty
of any offence w hatever against th< Ig
nited States, or any other particular
state ; the militarv order ot a comman
der in chief may be sufficient to autho
rise the confinement of an officer or pi i
vate in the armv ; but neithi r this, nor
the reports contained in newspapers,
(however true thev mav b do not war
rant a judge in committing to prison,
or holding to bail a tre< ma:i without
some other evidence of bis guilt. I do
therefore., order John Adair and Peter
V’. Ogden, to be discharged. 1
Thev were accordingly discharged.
During the whole time while they were
before the judge, (about an hour) Gen.
Adair and Mr. Ogden observed a pro
found silence.
IMPORTANT.
The Editors of the Baltimore Pederal
C ia/.e:te, in their p ;p< r of the 6th inst.
nv ntion that th y had that morning
waited on the S navors in Congress from
Delaware, then in Bahimore, and that
one of them communicated the follow
ing information :—
“ He did not mean to express an opi
nion of hi:, own, in relation to the treaty,
as he had no knowledge of ics contents
or whether conditions w re htrd, or
othei wise, except sm it as h ;l e n com
municat 'd to him, with ma v ' t iers, tin
day before, by Dr. Mitch 11, of the Se
nate, and other gentlemen, who ha 1 re
ceived; heirinfornvuion p is >na!lv from
Mr. Jell rson, with o -rmission t<» men
tion it geivr.illv. It was subu.intiallv
as follows : “ That the treaty would a
render a cal! o the S mat n cc ss. rv du
ring the recess, as he (the Pi.-sid nt)
had determined to send it line1; to Png
land, without suhmir.iug it to the Se
nate. Pile chi, I reasons lie assigne 1
w- re, 1st, Tli it it i > i?ni - ■ \ no stip tl
tio.i o i the su1 -ct of the im pres mi -ut
of seamen— tn;l, 2 lly, I’d it annexe,! to,
or accompanying it, was a note w hich
wa nt to declare, that it die govt nmvait
of tile United Stages ratified the treatv,
it was understood they were to unite
with England in resisting the decree of
the French emperor relative to neutral
coimn rce, or that notwithstanding the .
treaty, his majesty was at liberty to pur- *
sue s'u h measures of retaliation on that
subject, as lie should deem lit and pro
1 COMMUNICATION.
Mr. \ R M ST RON Cl,
It is rumour* d that a great change
has lately taken place in the politics of
Pennsvh ania. Since the President lias
ipj.-li* (l to the Legislature for permission
for the I hiked States to locate a road
through the state, the members of the
Legislature have became acquainted
with a certain Virginia Senator, possess
ed ol superior intormation on the sub
j* ct of roads, and on almost every other
Y object, his sai.l that this Virginian
1 has conducted hi ms* it with so much ad
cIre s, as to induce Snyder to decline all
pretension to the 1 Governor’s chair, and
to prevail v. ith the present Legislature
to nominate himseif, as successor to
VI‘Kean. This nomination, it is under
stood, is to be cl' rr‘%ed xvith the condition*
that |-h P- ,Esq. of Catfish, shall
’)•• appointed Attornev-Cieneral, and a ,
Squire I?—h—n, of W est* Middletown,
Secretary of Stat •• It is also to be en
cumbered with a stipulation to have the
aforesaid public road located to Brooke
Court-house, Virginia, alias West-Bal
timore.
- -- -« —' --
Mr. A rmstr »n — If'you think the fol
lowing i< worth a place m your paper,
you are at liberty to insert it.
Df.nms Bufi.grudert.
Patrick's Dav in tjif Morkino.
LET shamrocks, as myrtles, now gar.
nish the howl ;
JTe will converse, convivial, with sweet
flow of soul ;
Let us he merrt wi iiout anv controul,
On Patrick’s dav in the morning.
( IIORUS.
Let Burr and his party leave off their
dark plans,
Or with hot />,/ 7vv 7tT will How out
tin r h) due,
Their puny endeavours we will curit
W’th strong reins,
On Pat risk's day in the morning.
Ye sons ol Hibernia, to assert your
hirch-ri* hi,
Ye di 1 for u don and liberty fu.br,
Bu» tile tyrants set fire to your camp*
i i the night
After Patrick’*. h*v in the morning.
Choruo.—-Lct Burr, Tc.