Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-02-24
age. willis, have no,hing but truth and honor

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denounced Aaron Burr . a traitor at the govern.
ment house in New Orleans, and when he him.
self had become an obieel of ridicue and distrust,
was informed that DR.. Bollnian was then un-
der arrest At the instance of the general, and
without any other than his own arbitrary author
rlty-Not being sufficiently intimate with the
DOCTOR to feel any thing like friendship for him,
yct teit thar Is man. and particularly as 4
stranger IN the country, he had claims upon my
professional exsrtions to arrest, ii could, the
strong arm Of military power which had been
raised apparently TO crush him, and being at the
same time particularly requested by the lady
WIN whom ne lived. to do whatil could in his be-
nast' Immediately presented an affidavit of the
taet TO the senior judge of the superior court and
requested him TO allow writ of habeas corpus
inns from fear OF disobliging so great man as
Tue general, or being afusted by some other pru.
aentlai motives, Judge Sprgg refused to do I'M.
'ess ne had the appreciation of his brother Judge
and expressed . wish that would defer It until
tue next day, when the court would be in session
II told him that something ought to be done i'm.
n'ediateiy; thai in the morning it might possibly
DC 100 Iate and At last prevailed on him to &c.
company me 10 the lodgings OF Judge Mathews
Matnews was not within--I waited for him
considerable time, whilst h learned brother of
tne court was Intellectually exploring ths pages Of
nacon's infringement, in order to comprehend
'he mysterious nature ola writ % habeas CORPUS
ana at the same time making shrewd remarks
upon the inappIicability of British statutes and
hnSnsh doctrines to the writ (Which, as he wise
ly observed. was not the sta,ute) of habeas COZ.
FnS IN the United States, or their dependencies.
was contounded-indgnation mingled with
contempt and astonishment, possessed me entire.
~ went home and delayed the matter until
the next morning.
lhe next day, when the Judges had resumed
hehearing OF an cd cause. entered the court
room' and taking advantage of short interval
oil suspense, rose and told the Judges s.That
must Deg leave 10 interrupt their present business
az mad motion of great urgency to make
one OF more moment than had ever been presented
20 Their consideration before that it was no less
man to assert the sacred right of the subject to
'he wrIt OF habeas corpus and that il was
grounded upon the affidavits, which then read
to 'hem-I also quoted the general doctrine from
blackstone, showing that the common law writ,
Us ensitled to all the advantages of the provisions
Oh me several statutes and after mining at the
probable consequences of such an outrage in
territory but newly acquired by the United States
ana Just emerging from sy' TEN of tyranny,
hhai!y exp essed a strong hope that the court pos
sessed sufficient frmness TO grant my motion !"
MT. Livingston, at my request seconded me-
and as 1t was prophe,icaiiy observed, " That he
well knew the miserable attemp, which would be
made TO imp'icate himself aad me in some base
'uspicion tor what we had done that day, but nc
thanked God that he had hear, and mind to
despise il
Another affidavit was then added, by way of
supplement-, and even then, will il be credited }
the cour, applied to Mr.. James Brown, United
States attorney for the Orleans dis,ria, for his
opinion; and hearing from h!rns,hat the law was
too clear to admit OF doubt, they at last ven.
'ured to allow the writ, altering the time of the
return from ins'an'er 20 eleven o'clock the next
day. /: was ;hsn delivered to the sheriff who
was direted 20 serve j.,
E'even, twelve ard one O'Clock elapsed the next
oa!' and no return was made 70 the writ. then
addressed the following letter 10 the general
take the liberty of informing you, that unless
return to the wiz OF habsas corpus allowed bv
tine court, and directed to you, be made within
reasonable tune after the receipt of this letter,
shall consider 1t as my INDISPENSABLE duty to move
the court whilst liz session, for writ Of attach
nent against you. ! give myself this trouble, 60
tne END that you may be perfectly apprised of the
measure, and am, sir,
Your obejient servant
JAMES ALEXANDER,
To Gen. James Wilkinson.
After dinner returned TO court, and Mr.. II.
vingston handed me a letter addressed by the ge-
neral to the Judges. it stated in substance, that
he had no intention ofressting the civil aulhori-
y' but that business of the highest CONSEQUENCE
to their "common country" would prevent him
from making any resarn to the writ before the
next morning.
MIR. Lewis Kerr having obtained writ of ha-
beas corpus from Judge Workman, in behalf of
MI Feter " Ogden, who had also been put I'M.
DER arrest, oy similar illegal order of the gene.
raj, aud who was detained on board the bomb
ketch Httna, and being himself ndsposed, re-
qnested me by note TO attend 10 that business
TOR MN did so accordingly; and lieut.
Jones who commanded on board the Efna. and
commodore Shaw, both appearing in obedience TO
the writ, and having both declared they had no
charges to exhibit, the Judge ordered MIR Ogden
TO be set at large. This gentleman accompanied
me home, and spent the night with his friend
mr. Williamson. Upon leaving my house, I
gave him brace of pistols, and told him that If
any attempt should be made TO arrest him a sc.
cond time, without the sanction of any civil All.
thoTity and the force should be such as he could
resist without shedding blood unnecessarily. he
ought to defend himself.
From Mr. Ogden learnt that Mr.. Syartwout
was also prisoner on board the ketch, took
his affidavit TO ,ha,edea and applying to iu6ee
Workman, obtained his allowance 10 the other
Wi, OF habeas corpus, This served upon Mr..
Shaw, and waited at the judges for the return.
About ten o'clock at night lieutenant tones came
TO the judges and informed me- that during his
sb.ence on shore, Mr.. Swartwout had that very
evening been renewed from the Etna, in conse,
qnencc Of an order from gen. Wilkinson TO that
eied, countersigned by commodore Shaw.
The next morning went on board the ketch,
where obtained an affidavit Of the faSt from the