Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-02-27


edppon the affidayits, which Then read
to them--I also quoted the general doc
trine from Blackstone, shelving that the
common law writ, is entitled TO all the
advantages of the provisions Of the seve.
raj statutes; and after limiting at the
probable eonsequeucesof such unurragee
in territory butnewly- acquired by the
United States, and just emerging from
asysten Tyranny, 1 finally expressed
strong hope that the court possessed sufi-
cient hrmness to grant my motion"
Mr. Livingston, at my request Sc
conded me, and as it were prophetieaily
observed, q Thathe wellknew the mise.
rable attempt which would be made to
impIicate himself and me in some base
suspicion for what we had done that
day, but he thanked God ! that he had a
heart and a mind to despise it." =. .,-
Another affidavit was then added, By
way of supplement-, and even then, viii
It be credited !--the court applied to Mr..
James Brown, United States attorney
forshs Orisans District, for his opinion;
and hearing from him, that the law was,
too clear 70 admit Of 9, doubt, they at
last ventured to allow the witt, altering
the time Of the return from instanter TO
eleven o'clock the next day. Itwss then
delivered to the sheriff who wasdirected
to serve it. --~;,sr I'LL,
Eleven, twelve and one O'Clock elaps.
ed thenext day, and no return was made
to the writ. Then addressed the follow.
ing letter to the general:
Take the liberty of informing YOU,
that unless a return to the writ of habeas
corpus allowed BY the court, and directed
to. you, be made within . reasonable time
af.ershe receipt Of this letter, / shill
consideSit as my indispensable duty to
move the court whllss n session, for ..
wri. Of .a,tashmsat against you. I give
myself this trouble to the end that you
may bsp.FfsctH apprizednf The measure,
and am, sir, yoIr obd't sery't. m. A.,
~ = JAMESsALEXANDER.
Tsgsnsral Jamss tiilinsoa. > a p
After dinner Ireturnedto court, aid
Mr.. Livingston handed me q lener. ad.
dressed by the generalto The Judges. II
stated in substance, thin be had no in,en..
tion efresisting the siyit authority, but
that bosiness OF the highest eonSequenee
20 thsir ecommou country" would pre-
VENT him from making any return ID M
writ before rue next morning. 49,. 7.
MIR. Lewis Kerr having obtained =
| brit Of habeas corpus from Judge Work.
man, in behalfo Mr.. RetefV. OfdeN.
who had also been put under arress, by
a similar illegal. order Of the general, and
who was detained on, board the bomb
ketch Etua. and being himself indisps-
sed, requested me by note, to attend %
that business for him, ! did 50 accof.
dinslyi and lieutenant Jones, WHO com.
manded 90 board the E,na, and con.
modore Shaw, both appearing 10 obedi-
encs % the writ. and having declared
that they had no charges to exhibit, the
judge ordered MIR. Ogden to be set 10
large. his gentleman ,aceompanied
me home, and spent the night with his
friend Mr. Williamson. Upon lsayine
my house gave him q brace. of pistols.
and told hun tha, fAn attempt should Be
made g arrest him second time, with.
out the sanction Of any civil authority
,aad the force should be such a. he could
resis. Without shedding blood unueces
sarily, he ought TO defend himself.
From Mr.. Ogden ! Learnt that Mr..
SwartMout was also prisoner an ko.,A
the ksseh, EtoOk his affidavit To- that Il.
feet. and APPLYING to Judge Workman:
obtained his allowance TO the other writ
ofhabeas corpus. This served myself
upon Mr.. Shaw, and waited At tin
judges Tor the, return. About ,1c5
O'Clock a.night lieutenant Jones came 4,
the judge's and informed me, tina, dur,
ing bis absence on shore, Mr.. Swart.
wout had thatyery evening been reno
we'd from the Esna, in consequence ofaa
order from general Wilkinson TO thaej