Portland gazette and Maine advertiser., 1807-03-09

had done thai day, but he thanked
God that he had heart and a mind
to defPif9 it"
Anothe- affidavit was then added
Ev way Of lupPlement, and even then,
will il Be credited ?-the court appli
cd to Mr.. James Brown, United
STATES attorney for the Orleans dit
tri6t, for his opinion and hearing
from him, that the law was too clear
to admit of doubt, they at lalt ven
tured to allow the writ, altering the
time Of the return from initanter to
eleven o'clock the next day. 1t was
then delivered to the (heritf who was
directed to ferve it.
Eleven, twelve and one o'clock
e'5pfed the next day, and no return
was made 10 the writ then ad-
dredcd the following letter to the
general
Sir,
| take the liberty Of informing yeu,
thar uDlcfs return TO the writ Of
hebea5 corpus allowed by the court,
aud directed 70 you, be mate within
a rcaf naole time after the receipt of
this letter, | lhall conGder ii as my
iudii JenGbc dairy to move the court
Whit IN FELTON,, for writ Ct attach
ment sgainf you | give myfeIf this
trouble, 10 the end thar you may be
perfectly aPprized Of the meafure,
aud aal, fir,
Your obedient fervart,
JAMES ALEXANDER.
T. Cen. fyne5 H1ltml,n.
After dinner returned to court
and Mr. Livingfon handed me let
ter aidref.d by the general to the
judges. Il ltated in iubltance, that
re had no intention of reGGing the
civil authority, but that buinefs Of
the highelt conlequence TO- their
" comnon country" would prevent
him from making any return TO the
writ before the next morning
MIR. Lewis Kerr having obtained a
writ of habcas corpus from Judge
Workman, in behalf Of MIR. Peter v.
Ogden, who had alto been put under
arreit, BY GmiIar illegal order Of
the general, and who was detained
on board the bomb ketch Htna, and
being himfelf indifpofcd, requefed
me by note to attend to that buff
nel5 and Lieutenant Jones', who
commanded on board the Ens, and
commodore Shaw, both appearing IN
obedience to the writ, and having
declared shat they had no charges to
exhibit, the Jutge ordered MIR Og-
den 70 be iet At large This gentle
man accompanied me home, and
fpent The night with his friend Mr..
WiIIiamlon Upon leaving my houfe
| gave him a brace Of pifols, and
told him that if an attempt ihould be
made to arrel him a fecond time,
without the lanction of any civil au
thority, and the force fhould be fuCh
as he could re6t without fhedding
blood unnectlarily, he ought TO de-
tend himfelf.
From Ms. Ogden learnt that Mr..
Swartwout was alto prironer on
board the keteh, took his affidavit
to that efc6t, and applying to judge
Workman, obtained his allowance 20
the other writ Of habeas corpus. =
/ his lerved myteIf upon M, Shaw,
aud -Tai:ed at the judges for the re-
turn. about ten o'clock az III sht
lieut.. Jones came to the judges, and
Informed me, that during his ablcnce
on ihorc Mr.. Swartwout had that
very eyering been removed from The
Alma, in coniequence Of an order
from general WiIkinfon TO that efttt
conntcrigned by commodore Shaw,
The next morning | went on board
the ketch, where | obtained an afl-
d4vit Of the taa from the oGiccr who
had delivered Mr.. Swartwout up and
that he had been convey
Ell aCro(s the river | Immediately
~ lind ,urite &c hahe,c -.,rn,,. -