The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-02-03

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Columbia, on the motion of the attorney of tn
dfrict, to commit Mefrs. Bolllnan aud Swar.
won't into the cuitody of the nar!lial on
charge of treafon. The fame circumitanc
frecudes the iniertion of detailed ftatemen
of the proceedings of the court in this cafe
and an highly intcreaing debate in the Houle o
Representatives on the bill, received from TIL
Senate, to fufpend the privilege ofthe writ @
Habeas Corpus, for a limited time, i'm certail
cafes.
The outline of the proceedings in the cour
follow
On MONDAY, Mr.. Jones, the attorney O
the diltrct, produced the depofitions of William
Eaton, and James l.. Donaldlon, as given in ou
paper of this day.
On the arrival Of the hour of one, Mr.. Cad
well moved for an attachment agairn Lieut.
Col. Wharton and EnGgn Mead, for contemp,
OF court. in not making return to the writ o
Rabeas Corpus.
This motion was fupported by Mcfrrs. Cald
well, Doriey, and 2. S. Key, on the ufual Iega
grounds; and oppofed by Mr.. Jones on the
ground, that there was as yet no difobedience
to the orders Of the court that three days al
leait were allowed to make return, which
would be made in due time.
The court, after advifement, delivered the
following opinion
tfe at common law, before the S atute of 9lft
Charles III. was that an alias and pluries ihould
iiiue before the party to whom Habeas Cor
pus was directed fhould be attached, yet that
the praefife fince that ftatute has been to ifiue
an attachment without an alias and pluries in
cafes not within the ftatute. That the prac-
fife has been founded upon the ftatute, the
judges fuppofng it furnfhed good rule of
proceeding in cafes out of the ftatute, and that
in adopting the ftatute as guide in one refpett,
viz. in doing away the necefIity of an alias and
pluries, they ALTO adopted it as a rule as TO
the time of the return, viz. in allowing three
days to make it, and that therefore an attach
ment ought not to ifiue until the expiration of
the three days from the fervce of the writ of
Habeas Corpus.
On TUESDAY, the depoftions of Lieut..
Wilton, and Enfign Mead were adduced by the
attorney of the difricf.
About O'Clock the opinion of the court was
delivered on the metion of the attorney of the
diftrift
Chief Jutice Cranch Rated that the mem.
bers of the court differed in opinion. He faid
that his opinion was, that, 70 far as regarded
Erick Bolman and Samuel Swartwout, there
was no teftimony given on oath, that induced
him to think there was probable cauie that they
had levied war againf the US.
JUICES DuCkelt anu tllZnuRn COnCUrTeQ IN
opinion, that there was probable caufe to be-
lieve that the accufed had committed treafona-
BILE ads.
On which it was ordered that bench war.
rant fiue for the arreG Of Samuel Swartwout
aud Etrck B0iiman, on the charge of treafon,
which warrant iifued accordingly, returnable
Immediately.
Whereupon the faid Erck Bollman anC Sam
uel Swartwout, having been arrefted and bro't
into court, 1t was upon their motion ordered
that they be heard by their council tomorrow
at 10 O'Clock A. M. to ihew cauie why they
hould not be committed for trial on the charge
aforefaid [: and in the mean time that thew
tsnd committed and that their council (hail
have free accefs TO them.
Return was then made to the writ of Habeas
Corpus.
The court enquired whether the council had
any motion to make.
Mr.. Key replied that they had none, that
they coniidered any further proceedings under
the writ of Habeas Corpas as entirely fuper.
ieded by the allowance OF the motion to arref.
The following the depoftions made in open
court, and alluded to in the foregoing latemert.