The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-02-10
WASHINGTON, February 3.
CIRCUIT COURT eftde Djfrit7 Of Colombia, IN
efbe cafe cf!EsGrs. Bo,iman and Ssvaytyoui.
24th January, 1907,

24th January, 1907,
The U. S. attorney appeared in court ard inform
ed the court ,hat William Eaton and lanes l.. Do
naldion, efq1ires, material wtnels TO inpport
the motion made yeilerday for warrant againl E.
rick Bollman and Samuel Swsrtwout, and prayed the
court to order luminous to be iiued for the in,me
date appearance Of the faid ~itnees and the court
directed the luminous accordingly.
A ihort time after, Mr.. CALDWELL rofe, and
rddrelsd the court as follows:
May it pissje toe court,
hold IN my hand petition, on which fhall
ground motion, relative to the buines now before
the court The petition 10 in thefe words
7s f6s JIss OF tie Circuit court OF tbe U. S. in and
tie dF,i? Coipxz6iz.
Your petitioners Erick Bolnan and Samuel Swart-
won't, RESPECTFULLY reprefen, that they are confined
within the body of Wilmington county in the dilrGt
OF Columbia, at the Marine Barracks under militia
ry guard. without uG aud legal caufs, and are de-
Prived Of the benefit Of council, being confronted
with their accuiers, and of being informed Of the
ture Of their offence, of the caufe Of their commit
ment. Your petitions therefore requeR a writ of
Habeas Corpus in the ufual form, directed to 1t.
col. franklin Wharton, to fuch other perfon as
may have the cutody of your petitioners, that they
may be proceeded aganit the laws dire4 and have
an opportunity of being heard in their defence.
For and on behalf of Erck Boilman and
Samuel Swartwout,
ELIAS E. CALDWELL,
attorney.
My motion is for a writ Of Hajsas Csysm to bring
the body OF thee petitioners before this court, that
they may be releafed from their preent illegal con-
hnen,ent, that they may have opportunity of
adyfng with council, and that they may be
heard on the charges preferred again9 them.
The petition is igned by me on their behalf beeaufs
IS they have not opportunity Of adviing with
sounie this The only mode in which their complaint
could be laid before the eourt.
All the facts contained in that petition, except one,
are already before the court, either by the official in
formation OF the diftrid attorney, or IN the docu
nients which he has erefented. The fact Of their
being deprived Of the benefit of council refs upon the
authority of the petition. II could eahy be fubfian-
tiated by affidavit, bat do conGder it material
to fupport the prelent motion there being fucient
dheofed by the diira attorney for the court to If
fuc the writ praying for. The court is informed,
tia. the petitioners arretsd by general Wilkin
Ion in New Orleans, that they we're fent from
thence under the of officer of the army, and
that they are now in this city, under military guard
At the marine barracks 1t does appear to me that
the whole Of thefe proceedings from the rh military
arrelt to the prei.nt moment of confinement, lille
gal Whatever may be thought however ofthe fra
arreR, every one. believe will agree with me in
laying, that the preient confinement is illegal. do
rot mean by thefe obfervations to ea any reflections
on the perfon who arrehed on thofe who have
emily informed that fubiea to form an opinion. If
the aety of the country depended upon the arre of
few individuals fhould feel very much difPofed to
acqut, nay to applaud the man, who ho1ld yield to
the imperious law of felf prefervation, without wait
ingto enquire into the nice forms of law. The Prin-
cpai enquiry in my mind, would then be- did the ne
eeity for fch an extraordinary and novel procedure
actually ezi Was the fafety of the country really
endangered by the perfons apprehendsd Was not
the ufua courfe legal proceedings iucient to ap-
prehend and punilh the guilty,-and had the afumed
authority been exercifed with the delicacy, attention
and humanity which the danger TO be avoided and
the public fafety permitted? On this point however
it not neceiIary to dwell. Whatever circumstances
may have giyea rife the extraordinary commit
ment of the petitioners, caues exit here which
will jultify their confinement under it. The Pref
dent in his eage has given US reaion to hope, that
the durbanees in the wefern country, are, by this
time qnelled The gathering form has BURT with
out earoely hearing OF it. We have not only been
removed from danger, but almot from the aPPrehen-
fon of it. We may new permit the laws to take
their regular and quiet courfe. We may now permit
the prifoners to enjoy thofs invaluable PRIVILEGE
which fecured by the laws and contribution of
country to the meanefs individual to the molt petty
offender
/ am fenfble that the proceedings Of the dGria
attorney neipent, and that the parties on their
trial will have the benefit of the privileges which it
Is the OF 10 give
They are privileges feeured prrlons accafsd, in
my opinion, iii all Cages of proceedings againt them,
after their being it is of great con-
fequenee the petitioners that they ould enjoy the
full benefit of thele advantages early as Poiibe.
They have been accuied in open court by the United
States attorney of very benous offence. The pub
lie cnrioty has been lately awakened on this fubjec
by the Preidents nefage. 1t is therefore of great
moment TO them, that they fould have early OPP
portunty of meeting the accuiaton, and of being
heard in their defence, before the public mind be-
tones biaHed by the public documents, which have
been differentiated throughout the u. S. and the OBJ
fsrvatons to which they have given rife Let them
come fairly before the world and not have TO con-
tend againh of pu5ic prejudice, excited by
'xparte proceedings, and by obervations and Rate
ments which they have opportunity OF exa-
mining or dfproving. 1t Is not my intention, nor
will the granting the HabsGs Coyf~ have the effect
smbsrrafs the proceedings Of the u S. attorney, or
ftop the regular courfe Of enquiry. The courfe of
pretending which proPofe i, IN perfect accordance
and harmony with his motion. IL will be in aid of
tina, motion. He wiihss take them out OF the hands
ofthe military, place them in the hands OF the CT
vii power aud inllitute proceedings aganlt them
for their trial This viii be Preclley the effect Of the
Hsten co,tus. They will be brought before this
conrtyou si!I examine into the caufe of their
nai,nent---Lke u S. attorney will have full oppor.
tunity Of being heard on the ubjea, and if there be
fufhcien ground you will commit them for their ri-
al Here is a plain and limpe courfe Of proceeding
pointed ost which the wifdom Of the law, laneloned
by time & experience, approves, * which connlts
oualy the interehs of the u S. and the fecurity Of