Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-01-27

rity. Mr.. Jones then read the athdavls OF
general Wilkinson, xod wen, ihto an ar.
gunsa. OF some length ia support Of his
melton.
Various questions were. submitted blythe
eosr., the object of which prinslpally was
to ascertain the specific offence charged,
and the grounds on which the attorney
supported il.
The attorney in reply, made, an aTgu.
ment 10 shew that the offence eharged was
treason; bar sonteaded thar II i, were Of
inferior hue, still the arrest aud commit.
ment were proper to be made. ~
The eeur, took time furtherto examine
the case. Their hesitation TO grant the
motion Of the attorney arese chiefly from
the uncertainty of the offence charged a.
gainst the prisoners 10 the afidavi,s OF geo.
Wilkinson /; aud from the necessity OF sRe.
elfling some specific offence in the warrant
OF arrest.
On Saturday on the opeaing Of the court,
M. Jenes observed that it was his wish,
previsus to a decision on his motion, TO
submi' The evidence Of general Eaton and
Mr.. James Lowry Donaldson, for Whon
ne mos ed subpGnas.
The cougt or dsred subpcHas to be issued
tor these witnesses.
@ Dir Caldwell then said that he held in
his hand petiglon signed by him ia behalf
Of Msssts. Bolmanand Swartwous, whose
signatures could not be obtained, as access
was denied to hcm. Mr.. c. read The fol.
lowing pesi.loa:
To the jaages ftde circuit court Of the U.
States, in and for the distries Of Goll1m.
BID.
Your petitioners, Erick Bollman and
Samuel Swar,wout respectfully represent,
ssat they, are confined within he body of
Washington couasy, IN the district Of Co.
lambda, at ,hc marine barracks, under
niiiary guard, without just and legal
cause. and are deprived of the bsueat 81
counsel, or beleg confropied with their &C
cnssrs. and OF being informed Of The na-
'ure OF thsir offence. or of he cause OF
their commitment Your petitioners there.
fore request wri, OF habeas corpus, IN
the usual form, directed to It. col Frank
lin Wharton, or TO such other person SIS
may, have the custody Of Your petitioners,
that they may be proceeded against as the
laws direct end have an opportunity Of be-
ing Heard in their dcfenee.
For and ON behalf of Erick Bollna an &
Samuel Swartweus.
ELIAS B. CALDWELL.
Attorney.
After Offering this pesition Mr.. c.
made q concise speech in favor OF its pray.
err.
Mr.. Jones opposed allowing the prayer
OF the petition, principally on the ground
efts collision with the motion made by
h'm, then depending before the cour, the
effect OF which he con'ended would be the
same as shat produced by the writ of Fla.
beas Corpus if allowed,
Mr.. Dvrsey replied ID favor of the pc
tisiou.
Mr. Caldwell again spoke, ard
Mr.. Joees replied.
Some further conversation ensued be.
tween he counsel; wsen chief iusise
Crapch declared 1t the opiaian Of the court, /
thai before In s.rictness a right existed &c
claim wrls of habeas corpus. i, must ap
pear GA affidavit .ha the Warrant Of com
mitmeat. or other authority. under which
the cpe6nement had taken place, had beer.
refused together with the grounds Of rr
fusal. Judge Cfanch added that this DE-.
cision was made under the thirty FIRST
of Charles the Second, which applied to
this sase.
a feins objection was made by Messrs
Caldwell and Dorsey to the application c;
this statute, which was ever, ruled by the /
court.
A short time after this general EAros,
and Mr.. DoNALDsoN. appeared 10 court.
Mr.. Jones said thar the testimony Of
oansr.i Il alan ,un.,Id be ianu1h.z 9,r Il ~, 81.