Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-03
FROM THE BALTIMORE EVENING
PoST

was presented to Judge Nicholson. on be
hall OF General John Adair, late Senator
OF the United States from the state of Ken
lucky, and Mr.. Peter V. Ogden, STATING.
that they were illegally imprisoned in
Fort M'tIcnry and detained by Lieutenant
rinckney and Lieutenant Luckett, and
praying that habeas corpus might issue
to bring Adair and Ogden before the Judge,
lii order that the cause of their confine-
ment might be cnquircd into The petiti-
on was accompanied by the affidavit of
John Schedden and David Young, stating
the actual confinement and detention of the
prisoners in Fort M'Henry, and the belief
ot the witnesses that they were thus con-
fined without any legal authority or war
rant to Justify it.
The Judge canceiving a habeas corpus
to be a writ of right which could not be re-
fused to any freeman demanding it under
such circum stances, immediately issued it.
directed to Lieuts. Pinckncy and Luckett,
and made it returnable at four O'Clock in
the afternoon of the same dav. at the hon 80
of VIM. Evans, in the city OF Baltimore.
At the appointed hour, the prisoners
were brought up by Lieut.. Pinckney, who
had them in charge and he was attended
by Lieut.. Luckett. The return to the ha-
beas corpus, made By Lieut. Pinknev, was.
g That the prisoners were brought to Fort
MHcnry on the night of the I7th of Feb.
1907, by Lieut.. Luckett, with corporal
and three private soldiers; that he was in
formed by the said Luckett, that he brought
them and delivered them to him (Pincknayl
by the order OF Gen. Wilkinson * that he
the said Pinckncy, received them into his
custody in pursuance ofthe orders a COPY of
which is annexed; and that he had no
knowledge of the cause for which they were
arrested or delivered to his custodv, exccDt
by the information of others"
The order referred to i'm the return Of
Lieut.. Pinckney, wasa letter dated at New
Orleans, Jan. II, 1907, from Gen. Will
kinson, addressed to the commanding Off
Ger of Fort M'Henry in these words -
"fou are hereby required, to receive into
your custody, the persons of Gen. John A
dair and Pottery: Ogden, and to hold them
IN safety under proper guard, subiectS to
the orders of the Secretary of War fYcu
are to receipt to lieut.. Luckett for those
prisoners"
As the habeas corpus was directed to
Lieut.. Luckett also, he likewise made 4
return, "that he had in pursuance of tine
orders, copy of which was annexed, de-
livered the said John Adair and Peter v.
Ogden to the custody of Lieut. Pinckney,
and that at the time the writ was served OH
him they were not in his custody
The order referred to in the return Of
Lieut.. Luckctt was a letter from General
James WIKI .asou, dated New-Drlcans,
Jan. II, 1907, directed to Lieut.. Luckett.
which, on account Gifts length, is not inser-
ted literally. He was commanded tobe,,e
r. strict in guarding them &c, and on APP
preaching the city of Baltimore, 10 land
near Fort M'Honry, and deliver the pri-
soncrs in safety to the commanding officer
OF the fort. He was directed i'm the said
letter to prevent any boat from boarding the
schooner, and if a habeas corpus was SER
we'd on him or the captain, for either or
both of the prisoners, he was to disregard
it, and not to give them mp.
Neither. OF the letters contained any
charge whatever againSr either of the bri-
soners, nor had the officers who had them
in custody given any information of a charge
against them. As lieut.. Luckctt had cs-
corted the prisoners from r. Orleans the
judge thought proper to examine him upon
oath H wa therefore particularly inter
rogatcd "whether he knew of John Adair
or Peter V. Ogden having been concerned
inthe com mission Of any offence against the
laws of the u States, or any particular
state whether he knew of their being
concerned in any enterprise against the u.
States or against any nation in amity with
the u. States, and generally whether he
knew for what offence they had been taken
into custody :" To all OF which he answer
ed that he knew nothing relative TO them,
except what he had heard in general con-
vcrsation, and had seen in newspapers,
which was a report of their connection with
col. Burr in the enterprise which it was sup
posed he was carrying on, bat he had no
personal knowledge of it from any other
sourCe-that he did not see gen \Viikin-
son after the prisoners were arrested, and
therefore did not know the cause of the ar
rest. He bad coniecturcd that it was a
suspicion Of their being concerned with
Burr. He likewise said, on being question
ed, that he did not know Of any person who
could give further information, nor did he
know or believe that the said Adair and
Ogden, or either of them, we're officers or
prIvates in the army of the United States"
The judge then addressing himself to
lieutenant Finckney said, these persons
have been brought before me In pursuance
of Habeas Corpus directed 70 vcu for
that purpose they are now therefore I'M
der tho civil authority, and are TO be dealt
with according to law" No testimony
whatever has been adduced to shcw that
they have been guilty of any offence what
ever against the United States, or any o.
Their particular state the military order of
a Commander in Chief may be sufficient
To IA. III.