Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-02

drawing the public sword Ia defence Of the
common safety.
The remaining objection rela.cs to the
degree OF credit this ceaYt CAP give 80 the
eommoa report of arebsllion, aulncntlcas.
ed by the public and official communities.
tlons Of ths Frssideatto congress. lie
i. Remembered that this is net rslica On As
being evidences upon the dehnltiye trial OF
the prisoners wken their lie or death is
at issue bat merely as a uaatlaf OF public
ncsoriety, of which all courts and mag.s.
trases may take nesice aAd pritaa facie
stesumc The existence OF snCa state OF
talags, fer the preliminary purpose Of As.
suing warrants or other process initia,iys
to prosecution By indictment. - ! he
constitution expressly pressTibes 1t to tbs
president as duty, that 9 He shall fro %
tisas to time give TO the congress inter.
rpssisn OF the state OF the union." 10
give infcrmation Of an existing state OF
rebellion, or of lcvying war, IS clearly
within the terms Of that duty. Common
report thus authenticated, must surely sa.
tisty he terms, "pIebable cause," used
IN the 6sss article OF the ameadments-it
me requisite of that probable cause be-
Ing supported by oath or alhrmatloR," is
strictly Insisted On it should be remena.
bsrss that all the functions of the presi.
dent are pe.tormed aader the sanction OF d
solemn oath. The probable cause is Fur.
Their supported by The cath OF General
Wilkinson, who swsars tina, enc of the
prlsooers nb acknowledged confederate 10
this conspiracy informed him en- the sO;h
OF November that Burr would be al
Na,shsz on the 2Oih OF Dec, with two
thousand man, to be followed by four
shousand moro, aad that hs could have
raised twelve shssssad as easily as six
5ut did not think SO great number ne-
1assaFy II may BE very reasonably and
naturally inferred from this infarmatien,
when TIE dates ars compared that at leasi
ths two thousand aea mast hays been
already eaiisted on the ,hirsiesh 81 No
vember.
Mr.. Jones then offered the following mo-
ton:
The United States attorney fer this district
appeared IN court, and iniermea the court that
tnck Bollman and Samuel Swsrtout had been
seized IN one Of the territories Of the United
states, ey orders OF the commander of the
army OF the T. States, as persons engaged In
reasonably isvying war against tie y. States,
tnat the persons So seized were, surlng the
last night, brought into this county under q
military guard, and were yet detained under
sssaafq una tAsy could be proceeded against
ii due course ct law that the secretary OF
war had Immediately issued written orders to
tRe oftieers OF the guard, to deliver those per-
sans, on demand, to the marshal OF this dis
trlst; and the marshal now waited for legal
authority to take Charge Of them. Where.
iore the y. s. attorney moved the court to is
sue warrant to arrest the said Erlck Boil.
nan and Samuel Swartout, on a charge Of
treason, in order that they may be brought
octoro the court and examined and commit
ted, or otherwise dealt with according to law,
And IN support of his motion the u. States
attorney read to the court the dispositions Of
James Wilkinson, brisadier general and COM
inander In chief OF tho armies of the United
States, which dispositions are filed in this
court.
All which being read and heard, the court
took time till TO- morrow to consider Of the
said motion.
s.a,,-z