Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-03

When a vote was taken by yeas and nays
! on the question-shall the bill be rejected
Which was carried in the affirmative
Yeas 113-Nays 10.
We have been obliged to defer to our next
paper much interesting matter, to give room
for the important message of the president
containing further Development of the
conspiracy, and the dispositions of Gen. Ea-
ton, Mr.. Donaldson, Lieut.. Wilson and En-.
sign Mead, in the circuit court of the Dis
trict of Columbia, on the motion of the at
torney for the district, to commit Messrs.
Bollman and Swartwout into the custody of
the marshal on charge of treason. The
same circumstance precludes the insertion
OF detailed statement Of the proceedings
or the court in this case, and an highly in
teresting debate in the house Of represen-
tatives, on the bill received from the senate,
to suspend the privilege of the writ of ha-
beas corpus, for limited time, in certain
cases.
The outlines of the proceedings in the
court follow:
Monday, Mr.. Jones, the attorney of the
district, produced the dispositions Of VIM.
Eaton and James l.. Donaldson, as given in
| our paper of this day.
On the arrival of the hour of one. Mr.
Caldwell moved for an attachment against
Lieut.. Col. Wharton and Ensign Mead, for
| contempt of court, in not making return
! to the writ of habeas corpus.
L his motion was supported by Messrs.
Caldwell, Dorsey and +. S. Key, on the u
sual legal grounds; and opposed by Mr..
| tones on the ground, that there was vet no
dlsobedience to the orders of the court
that three days at least were allowed to
make return, which would be made in due
| time.
! The court, after advisement, delivered
| The following opinion:
The court is satisfied that although the
Practlce at common law, before the statute
! OF 31St Charles III. was that an alias and
piuries should issue before the party to
whom habeaS corpus was directed should
be attached, yet that the practice since
| that statute has been to issue an attachment
without an alias and pluries in cases not
within the statute. That the practice has
been founded upon the statute, the judpcs
supposinS it furnished good rule ce pro-
ceedlngln cases ont OF the statute, and that
In adopting the statute as d guide in one re-
spect, viz. in doing away the necessity of an
! alias and pluries, they also adopted il as
a rule as to tie time of the return, viz. in all
loving three days to make it, and that there
1ore an attachment ought not to issue until
the expiration IT the three days from the
service OF the writ of habeas corpus.
On tuesday, the depos tions of Lieut..
! Wilson and Ensign Mead were adduced bv
the attorney of the district.
About 2o'clock the opinion of the court
was delivered on the motion of the attorney
| of the district
| ShietJustlce Cranch stated that the menu
oerS OF the court differed in opinion He
sdid 1nat MS opinion was, that, SO lar as re-
Saroed Erlck BoIlman and Samuel Swart-
| won't, there was no testimony given en- cath.
that induced him to think there was proba-
bic cause that they had levied war against
the United States.
Justices Duckett and Fitzhush concurred
! In opinion, that there was probable cause
TO believe that the accused had committed
| Unreasonable acts.
On which it was ordered that a bench
warrant issue for the arrest of Samuel
owartwout and Erick Bollman, on the
| charge of treason, which warrant ;ss,ad
accordingly, returnable immediately.
Whcreup1n the said Erick B,llm:n and
Samuel Swartwout, having been arrested
ana Drought into court, it was u,on their
motion ordered, that they be heard bv
1heir counsel tomorrow at 10 O'Clock A
NJ. 10 sheW cause why they should not be
committed for trial OIL the charge afnre-
SAID and in the mean time that thew stand
committed; and that their counsel shai1
have free access To them.
Return was then made to the writ of Ha-
beas Corpus.
The court enquired whether the counsel
| had any motion to make.
Mr.. Key replied that they had none.
that they considered any further proceed,
ln!gs, under the writ ofHabeas Corpus as en-
tireiy superseded by the allowance of the
motion to arrest.
ne Following are the dispositions made in
open court, and alluded to in the forego-
Jig statement
The DEPOSITION
q LLELL L