Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-04
OF the distrscs Of Loiuna6ia,, tn t6f case O
ys,ssrs f,o.i7aaa and SevQY t1uous.

and Addressed tia c,avi as toitoSs;
.May 1t Please the court,
I hold ia sAy aaad pel;Ion, on watch
shalt grouad a motfon, relative ,ossne
bas.uess dow before the conrs. lac Pesi.
ton 10 10 these words:
70 the judges Of the cireait court of fhc
Unises. osuses, ~ and for the atsfrlcs q
Lssuas5sa.
lout petitioners, Erlek Doll,nan aud
) S.snuei Swar,w u,. respectfully senresens
that,n5y ars coa6aed w,th'nlhe oody Of
Washing an county, 10 rue dis5flcfo! Co
lusu bia, Inc marlae BARRACKS, uGdsT 4
.r-s,pssy gsard without jas' acc 'ss4.
sss4se, -dar Srs deprived OF tne beneas uf
svao.ss, OF beng con!fnn.ed with their ac.
sasx4., anj Ut sessg lntor:nsd OF ths "a
sus III sneit offence, or OF tue esuse OF
thrir commitment. Ysur petitioners snsre.
$ fore request writ OF h2bsas corpus, 10
th. usual form, directed u lieut.. coioacI
Frarg,,o Wharton, or 70 sacn ether per.
son as may nave the custody OF ypor pet,.
t,opsr., ma, shey Dsy be proceeded a.
oa,us, IS the laws direct. and have an
oppor.uutsy of being heard IN their dc.
fence.
For aad OF behalf of Eriek Bollmsn &
Samuel Swartwout
tLIaS b. CALDWELL,
duorney.
NV motion Is for a wrlt OF habeas cor
nus 20 bring sne body OF these petitioners
>hetcre this court ,hat they mavb released
f,om their present illegal conhosmeni,
that hey may nave an opportunity OF adj
yssiug wuh counsel, anc that sney NJ ~ h1
heard on the charges preferred against
: ,hrm. The peti,ioa ss'gasd by me- ol
.hslr behalf, because as tn-y have nor an
onoor,un,ty Of advising with ccunsei, shIs,
;s,he only mode ia when tasrr eotnplaiot,
eaald be laid before sl,e court
aqAl the tacts contained n that petition,
.-c.o, one. are already before she court,
either BY the official lniormatiaa OF tae DIS
.rict attorney, or 10 the docnmeuTs which
& +. b,.nrssensea. The fast OF shei' beng
,,a.,,yra Of the benefit Of couasei, fesys
,;non the authority of he petition. i coa 6
.as,,. ne sabs aatiated by athaesss, bat |
A., NOT eonslsler it material TO sappest the
n,rsrnt mosson there being safiassons DIS
closed b, the district a'sornsy 'sf SIC soafs
70 issus the witt prayed Tor. nc court
i ,nfarmed, ,nat me peritioners were ar
re.,ea by general Wilkinson Ia New ~.
80 .,haI1hey were sent from thence an
re- cave OF an osEcer ct the army, aud
80, ,ney are GOV IL this CIV, uadsr Ei'
-, anard. a, the marine barracks. |,
,os,r 90 me that the whole OF these
h,pcsea,ngs, frern the first msii'afy arrest
- me aresens moment OF cenhne snent are
az, Whaevsr may be thought, how
&c ,he 6rss arrest, every oae, be
l,sSs viii sssse with me in saying, that
.sro, confinement IS illegal. do
-, p,aan by these observations 20 cast any
.aa.e.;ons on the person who arrested, or
who have had the custody OF the
rr,,,ioners am pot sulilc'sa'iy i0iaf".
ri GA .hae spbiec, 20 form an oPioion. IL
.hss,fety of ghe coun,ry depended uren
~ .r,rs, Of few individuals, ] should
CT very much disposed TO aequ's, nav to
anr,a,a the man, who should yietd 70 the
:rn~aous law of self preservauoD, WITH
-, xai,ing to enquire into the nice forms
oflw. The principal enquiry 10 my mind
lid thea be, did the necessity Tor such
.,ex,raordiuary and newell procedure ac'
.lly exist? Was the safety OF the coun-
= ,eally endangered by those psfaons
n. anorehsnded Was not the usual
,utse of legal proceedings suiile'ens TO ap-
.r@b-,d and punish the ga'ltv--ans had the
assume d authority beeo exefc'seot VIZ
he drlscac,, at,en,ion and humanity winch
". aaneer 70 BE avo,asd and the public
ssr,ested? On this point, however
u uossnece ssary 20 dEeil. Whatever
4 ehenn~yncrs ms, have glvea rise TO the
ex,t ara,ary commitment of the petisloe-
ersg no cases ex,s, here which will justify