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WASHINGTON CITY, January 29. .
ketch of proceeding tn the cirtimt cqurt of,
the UY$ wr tiiedistriet'of, Columbia.:. We
shall endeavour to prexebt in our AexjjajW
a (nore comprehensive stt eiris aU f ...X-.'., v ,
On FRIDAY. ilr JqicvB t6rner oC
"tlv4 Disjrt?tfinyHedhe auemipi'ttthVcour :
to the uatjonipF Erick Ballmh ond"Satiu-.
el V. SvrjkT9ul, ; hd theclmes jaidto thett
. charrc. He made "a number .of; Teraarks go-'
ing to shew that thef had been guilty pf 'tra-1 j
auuablj Mil again the.pea$e anu union uw.,
United, States. , EndeaCe, to iM tteCt he
aid would-be adduced t, fiUure; period. ,
' le,roset however, merely to toc 4hat the
couri would issue a Warrant dirtcllbg vht mar
thai otth district ta lak;e)he, prisoners, tf
. present in the hands of sailiurjt aaihoritjr, h
. to hit custody, r ile grounded this motion on
the affidavits ofgenerat WuMnsofi? already
published. He dithU inobfdience t6 in-'
truqtioos recejved from the ee:uliYe of. the
United States, -wliose wish it was, ihat thej
hould bt. surrendered into the hand of, the
civil authority.'...' Mr. Jones then read the1 am
' davits of .General . Wilkinson, and went into
an argument of some len&)n' support of Ihis
; otion.:.t''.vv''-Vi '1--Various
questions were, subh)Ued bf. the
caurt, the objec'tof which principally ,w'afto
ascertain the specific ofTen eharged. and
the gi oundson which the. attorney supported
The attorney in reply, made an argument
. to shew that the offrnce charged was treason
t but contended that if it were of infjrior hue,
. still thear.rcst.an4 cpmmitmenrwere proper
to oe muc. . .. ; ; ' -"
The court took time further; to examine
the caei ..'Their hesitation to grant the nun
tion of the attorney arose chiefly from the un
eertaint of the offence charged against the
nrisonera in the affidavits of Genera Wilkin
son ' and from the necessity of tpecifying
, some soeciffc offence in tha warrant of af
: rest.'-"'.' ' " '
OM SATURDATi on the opening of the
court, Mr. Jones observed that it washiswifb.
previous ,tn decision on his motion, to suW
mit the evidence of General Eaton and Mr.
James Ltfwry DonalJson, for whom he mo
ved subpana. ......
: 1 The court ordered subponai to be Issued
for'these witneVes. ,- 1 1 .
' ' M. Caldwtll then said that he hcH in Me
hand a petition signed by him in . behalf of
Mrrv Boilman ani. awartwout, wnose aig.
na'uie tould not be nbtaincd. as access was
' denied to them. Mr. C. read the following
7lA7f f Circuit ourtfthtU.S, in
Tour ptiiiioner Erich Bollman and Samu-
, el .Swartwout,' respectlully ' represent that
they are confined within the body of Wskh
ington,counf In the district ofColumhis, at
. the Marine Barracks under a military guard,
without inst and legal cause, and are depn
red of the benefit of counsel, or being con
fronted with their accuser, and of being in
formed of the nature of their ofTence, or of the
of their commitment. Your petitioner
therefore request a writ of Habeaa Corpus,
' in the nsual form, directed to Lt. col. r rant
I'm Wharton, or to suck other person may
tinva the custody of your petitioners, that they
may be proceeded against as the Jaws direct,
and have an opportunity of being heard in
'..tar , . ' - - ' -
ineir aeianci. . i
, For and on behalf of Erick Bollman
'.,". - and Samuel Swsrtwont -'.
ELLAS li. CALD W F.Ll -
' : Mirny,
After offering thli petition Mr. C made a
. oncwe apech in support of Its praye'.- ,
Mn. Jones opjwed aU'wriut; the prayer of
the petition, princlpfUly on the ground of its
collision with' the motion made by him. then
he contended would be the same as that pro
, ducedbytbewritof llabcu Corpus, if allow-.
' ed. .
v Mr. Dorsey replied in support of tU peti
tion ; ' '
. .. Mr. Caldwell again spoke i and, .
. Mr, Jrtneareplied,,,,. . .. .: . -.
Some, further con venation eosned between
. . he counvl when chief justice Crancb, de
trt It the oninion of the court, that before
' In strictocssa right enisted to claim a writ of
Habeas Corpus, It must appear oa aiuuavn
that the warrant of commitment or other ao-
thority, under whicls the connncmeotaaa ta
ken place, had bean refused together with
of refusal. Judz Crsnch addetl
that this decision wss made under the Slit of
Charles flecond, which applied to this esse.,
A feint ohlecllon was made by Messre.
' Caldwell and Dorsey to the application of
''thf iulute, which , wai over-ruled by the
court. ' " . . .' ,
A ihort time after this General Eaton and
Mr. Donaldson appeared in court.
Mr. Janes said that the testimony of C
teral Eaton would be lengthy, and In order to
allow time for hi drawing tt out, na reqnes.
' tmA ikt ha mleht be Indulged until Monday.
' ,Thi course wa acquiesced In bthl court
. . ft reaped t both the vtitnesua.
lUufi Eatoh and Jane L,DonlJ4Dni m giv
en in our paper orthi day. .. , ; .
4 un tne- arrival of Mlenour oi one, air. uaia
well motcd for an attachment aeainst Lieut.
! ColWbartoit aHdf Eigft'Mead for'.-con; '
wiujn uicoun, in iioi manua; return iw ui
writ of Habeaa Cofbtili- tw- el
TbiarnotVm'Jraaf iunwrted by Mlsfi
'CaldweflDorseyt end. 8. Kef, tm thr w
sual legal crounds: 'opposed by Mr. Jottet
on the ground, hat there was as yet no disOJ
bedienceo the ordereoftbe court that three
day at least were allowed to make ntUrfti
which would be made In due timei :-
' The court, after advisement, oliTered tn
fbllowins opinion r - s ' . V- 5 " : '
The Court H satlsfiefl that altboogh tbJ
practise at common taw,' before' the Statute
of the SI st Charles It. wa that an alia ' ana
pluries should issue before the party to whom
a Habeas Corpus Was directtd Bboukt be au
tached) yet that the practise since that statute
ha been to Issue ah attachment without an ai
tiis and pluries ln case not within the statuti
i hat the practice nas been lounoea upon im
tatute the judge uppoing tt tum.sni a,
good rule ef proceeding in case out of the
' statute, and that In adopting the statute as n
guide in one respect, via. m doing away the
necessity of an alia and a pluries, they Uo
adooted it at- a rule a to the time of there
Corpus Id the cuse of Samuel Swartwouu II . turn, vi. n allowing three daye to make it,
returnable on Monday at 1 o'clock.- II and that therefore ah atUcbmeot ouglrt'ot
to Issue until the exptratton o tne raree uaya
from the service ol the writ Of Habeas ur-
f MK (Jald well theft offered the foitowinj tif?
r On tbt 24H dar of January, in the yearoE
Oar Lord, laOr, personally Appeared EUei B.
wautwcti, ttiio pemtj . uiiiy sworn, uepoaein
and salih that be called on LL Coil FrtJiklia
(- Wbrton, commamlnnt of the Marine corps,
ana f equesieq oi- nmt a copy ot tne -wartani ,
oreausii of commitmetiof Erlck' Bollman
and Samue) SVartwout, to" "width; lhe.aid
col. replied that he-had no warrant of cOov
mtlment, bot that they were delivered to" him,
I in the Usual miHtary mode, and that they:
wer merely undtt hiscare for safe keepfagr '
; sworn io oeiore me tne day ana rear above
' ' writtp.n,.- ' - t :.r ,
Mr Caldwell added that' he had not seen
lr. Bollman, and did hot know. whether it
as hlawisH to apply for at writ of Habea
! Corpui' He would, therefore,' only move fbr
. 4 wrftof Habea Corpus for Mr. Swartwouu
1 Mr. Johes intimated a hope that some day
should be allowed for making out the return
tt the writ, which might require deliberation
;.and legal advise ;?.':.; ':-3t
l hit wu opposed by Messrs. Caldwell and
Dorae'y. ! ' '.4V;-. V ':- t:'i;.'.:Z
When the court ordered writ of Habea
Our date by the last western mail are to
the Soth of December from Natchez, and to
the 8th of January from Nashville From the
latter place letter are received, which state
that Burr had passed fort Massac, on the O-
nio, witn ten ooats. on ooaro eactr oi wnicn
there were six men. It is said there was no
appearance of military stores or apparatus.
General Jackson, who had for some time held
a body of militia in readiness, had, in conse
quenceof this information, discharged them.
' On Friday the followingbill was passed In
the Siwatk with closed doors, anuY a we
. . . AN ACT
Tt 'tuiptndlhi priviltgt of the nrit of ffsiiat
Cirbut. for a hmud ttmt u term ceuti.
rJJEjtnactcdtt the, Stnate and Hotut ef Rf
irtjtntativet of thi Uniied Stotti of America, in
nvrttittintd4(t, That In all cases where a-
ny person or persons charged on oalb with
treason, or oilier high crime or misdemean
of endangering the peace, safety, or neutral
ity of the United States, have been, or shall
be arrested and imprisoned by virtue of any.
warrant or authority from the rresident of
the United States or from the chief execu
tire magistrate of any state, or territorial go
vernment, or from any person, acting under
the direction or authority of the President of
the United States, the privilege of the writ j
of habeas corpus shall be, and the same here
by t suspended for aiid during the term, of
three month from and after the passage of
tint act and no longer.
January 33, 1807. Head three time and
passed the Senate. : (
Attest, . : v ' .
SAMUEL A. OTIH Secretary.
On Monday it was communicated in cqn
fulence to the House of Representatives.
When read, it was immediately dcterwu.
ned by. a great majority to open the doors.
, The bill having been read a first time'
Mr. Burwell moved to reject It. -
On this.motido a debal ensued, which oe-,
rntiixl the dav. i
Mesrs. Burwen, Mliot, uppet, n. Helton,
Sloan; J. Randolph, ftmilie and Dana supper
ted t and Messrs, Varnum, and Bid well op
now d the motion. Tlie farmer centlemen
ii on i be irreunu oi noiiim v m uui v
' . . . ..." . m
the two latter, Mr Varnnm declared bimseir
(a favor of the bin, and Nr. Bidwell in Xavor
of ormiuiniU to eo through the usual form'
of discussion, instead of deciding upon it on a'
When vote wa taken by real and nsya
on the Question shall the bill be rejected t
Which wa carried In the alurmallv Tea
IIS Nay It. .
We have Wen obliged to defe to oar next
paper much interesting mstter, to give room
for the important Message of the Prtsldeat
containing a further developement of the con
spiracy, and the depositions of Ceneral Ea
ton, M ponaWwm, Lieou Wlaon and En
sign Mead, In the Circuit Court of the district,
ol Columbia, on the motion of the attorney
of the district, to commit Messrs. Bollman
and Swartwout into the custody or the war
thai on a charge of Jresson. , The same cir
cumstanct preclude the insertion ofa detail
ed statement of the proceedings of the court (
in this ease, and an highly interesting debate
in the House of UeprcsenUtivr on the bill,
received f m the Senate, totuspend the pri
vilege of tne writ of Hsosai Corpus, for a li
mited time, in certain case. f - . -
The outline of the proceeding lo the court
follow t ,
On MOKU AY, Mr. Jonet, the attorney of
U district, produced lh deposition of WU-
pU.-f','-''-;';v',:v'-':'',r; vv. ''"'
. ,0n TUESDAY, the deposition of Lieut.
vilson, and Ensign Mead were adduced by
the attorney of the district. .yr,;.- ,f&.
' About two o'clock the opinion ot tne court
was delivered on the motion of the attorney of
tke'district. ' - - -'1 --V'-
Chief Justice C ranch stated lhattb mem
bers of the court differed in opinion. He
said that his opinion was, that, to far as re-
carded Erick Bollman and Samuel bwart
wputt'thcre wae no testimony pven on oath,
that induced bin to think there was proba
ble cause that they had levied war against the
u. State. - -
Justice Ducket and Fitxbugh concurred
in oolnion, that there was probable cause to
believe that the accused had committed treat
aonable acts, ' ' .
On which it wa ordered that a bench war
rant issue for the arrest of Samuel Swartwout
and Erick Bollman, en the charge of tree
, sesVhleh warrant Issued accordingly, re-
tilrnttjlc immediately. ': -v.; . v
Whcreuppon the said Erick Bollman and
Samuel Swartwout, having been arrested and
brooeht into court, it was upon their motion
ordered, that tbey be heard by their counsel
to-morrow at 10 o'clock A. M. to shew cause
why they should not be committed for trial
or. the charce aforesaid t and In the mean
time that thev stand committed I and that
their counsel shall have free access to them,
Jleturn was then made to the writ of Ha
beas Corpus. . -t . '
' The court enquired whether the counsel.
had any motion to make.
made on that floor of the House of RenreSeh '
4atir concerning myoperatiobi la BirbaryV
:auq rm tne aeiay. pi govef nrneni iu aojus-1
tting.my.claimf; for disburaemcBt ort ti-t
?coa jjuring my consular agency at Tunisj
and .he paid hf would point me, to an honor- '
.able mode, of indemnity), , J,. now began to en
tettain ausptcjonjhat Mr. Burr was projec
4lng". aA;,uiaulh?Tiscd mii!Ury 'exP"editiuTr"
Which r, to. .joe ' ,w :etivelop(ed in, misery 4
and, ,deirou. tp draw an-ipfanatlon! from, ,
.Wm, Juffred.himtO'up resigned :
iohi counsel. ; Jlle npyr laid open, hi project
.f revolutionising the western country,1 scta "
rating, it Jrom the, unib,n, rst'ablishing a m
".narchy .there, of which he was to, be- the, so-. .
vereign, Ncw-Qi leans to be hi? capiul ior
ganiiog a force on thewatcrt of the Missia- -.
eippii .ajid extending conquest to Mexico I
llcnreltBil nnnilirr of imncJimenlS tO hit
bemciuch ..as the republican namu ot mo 1
,citizenfinfihat country, end their tficcUo tow'
.wardt our present administration of govern- -itncnti
the, want of fund.! .the , resistance he
.would meet, from the, regular army of th ;
1 Unird .States on .those froiiteysi and the op
.position of Miranda, in cas he ajiould ucc?
(loVtvulicnie tlie, Mexicans.
Mr. Berr found, no difficulty In removim; (
. these. obsucW -hf said he had, the predetd .
.In sa,on. .made n.iour through that coun-" '
try, and had securfcil the .aacinneni oit vm
principul citizens of Kentucky, Tennessee , A .
declartde Ud,.inexhntible; resources , to
funds V assured rae the reeular army .would
i.act,with him, and would be reinforced by ten
or twelve thousand men from the above men
, tinned sts'e and. territory' and from other1 -
.parts 01 me union j saiu n, nau wtuui
; gents.in the Spanish territory nd, a fof . r.
Miranda, said, Mr. Burr, we must lungj ii
randa. He now proposed to give me the ae
cond command in his army. I asked him .
who should bsve the chief command f ija
laid, Ccmerd H'iUinm I . observed it wai ;
sintrular that he should count on Gen. Wil' , ...
kiosoni the eievatea raiia aiui nign irusi no
now held as commander in. chlcfofooranny
and governor of province, be Would, hardly...
put tt haatrd lor any . precarious, prospect. "
. . . a . ' 1 "l si
pi. cgraniraenu . Air. purr saio, general ..
Wilkinson balanced in the confidence of go
vernment, Wat doubtful of retaining much .
longer the consideration he now enjoyed,
was consequently prenarea w secure u mm-
self a nermanencv. 1 asked Mr. Burr, If ho
knew general Wilkinson ! 1( answered yet
and echoed the question. L saiH I knew Mm
well. Whatdayou know ofhiro? said -
Mr. Burr." I know, I replied, that general .
Wilklnsoft w.aiaet as.LVrr' to qq man ill -
existence." Yen are nan ertorr sam; Wi-.
Burr" imkinjon will act ai ficatenant fa mc. t.
Fromtbetenorof repeated conversalions with '
Mr. Burr, t wa Induced to brliete the plan
, of separating the. linioa wWch he had con
tenplattd had been communicaiea to enu ap
ororedof bf central Wilkinson (thotigh, I '
now suspect it an artful argument et tedux '
tion) and he often expre"" connnenc
thkt the general influence j tne oitpr ot usu
Mr.Ker replied that they had none,' that II ble oar and double rations t the provjjecl ef
thev considered any limber proceedings un. L nlunikr and the. ambition of atchievmeUt
dcr the writ of Habea Corpua a entirely II ' would draw the army ihto. hit measurtt-
luperceded by the allowance ol the notion J Mt; Burr talked of tlie eajabUshmentot an
to arrest. . 5 ; ' ' II indepetMlent governmrnt wet of the Alhjfr'-.
hany s a matter ol inherent, consututionai
right of the people 1 a change which wtli
rvMtuaiir uke nlace, and for. the operation
of Which the present crista raa peculi-riy fa-
... a t 1
TOurable. here was, saw ne, no energy 11s
the government to be dreaded, and mv.
sion of political opinWiht thrpughout tbeti
nlon was eircumstanc of- which We should
profiti There were very many enterprising
men amOn: o who aspired to something be
yond the dull pursuits of civil life asd who
would volunteer in M enterprise and the
east territory belohging to the United States,
which offered to adventurer, and the mine
t Mtileo would bring ilrengk to hi alan
dsrd from all quartets. 1 latehrd to the
position of colootl Burr'a vie w wjU sectnin
acquiescence. 1 Every Interview conviikstd
me more and more that he had organised
deep laid plot of treason In. the west, in the '
accomptUhmeat of whWh he Ml fully cotifi
denU Till, al lehgth, I dUcvvered that , hit
ambition wa not bounded by the war ef
the Mississippi and Sleico, bet that he e
ditated wverthrowing the prent frrtfrmtni
of oer country. . He aW, il he could g 0
Ver the marine eorpa, i to b naval
cosnsnandtrtrTruxton. Treble, Decatur, k
other, ht 9cU Ctrgrcu erl and if air
iofiaotil auattinjtt ht ISoiUtfti nit
am tht irrcuarj and tht , 9d dttk,i kimtt'f
$hr firoHrtar of on tnerxtitximrU The
t.Aiuaht trust of corruwing the rtTine
corps, and of aoundinw tommodor Treble
ltd I captain Decatur colooer Burr Mopoed ;
tonndirtg to me. Shocked st this proposition,
1 dropped the mask, and 1 xclairoed tgsitsl
hi view. He talked of tho degrtded aitue
tion of oor eooatry, apd the nceit ef i
bby which itsewergy fc It dignhy should
be mtered aid, if that blow could he struck
hire a thh timo, be wa corfideftt of the w
port of the beat blood of America. I told
ioloMl Burr h deceived hlnnU la pn1-
The following are the eVnotltlons made ino-
pew court and . adltadeso In the foregoing
eiaiemeuu . .
r Of William Eaton, Esq.""
TBrtliit winter, col. Aaron Burr, late
tice-pretideat of the United States,, signified
tome, at thi place, that, undrrthe authori
ty of the general government, he wa orga
toiainaV a secret exDed'Ulon againrt theSpa-
nltb provinces on our soutb-wetem borders
Whitb expedition he was to lead, and in which
he was authorised to invite mto.lkkthe
command of a division. I had never before
haen made personally acquainted with coU
Burr l and having fortnany years beca em
ployed In foreign service, 1 knew but little a
w ilia asiimation thi gentleman now held
In the opinion of his countrymen and hi go
vernment t the rank and confidence by which
had totatctr been distinguished un me
m Hrht to susnect his patr'iotisro. I knew
viAier. In case of a war with the Sp.
nish nation, which from the tenor of the Pre-
.Mnt'a mMsaee to both Ilousei 01 uongresi
Meeaaed probable, I shobld have thmight It
nr duty to obey o bonoraoie a can m7
country and, tinder that Impression I did
engage toemuarx in iot uiiii. -.
rronnt Intrrviews with coL Burrln thi city
and, for considerable time, his object
u.mi ia ha to instruct me by maps, and 0-
ther information, the feasibility of penetrx
m .t-n alvavs tamlne forward the
t.u ihatilia measure wa authorised by go-
afimnta Atlenrth. tome time m Februsry,
Va tw.v.n t,f rfrortc to unveil hlMlf lie
reproached the government with want of ha:
ratter, wentet grauiuoe, siw , . j
tlce. ' He Kerned desiroo of Irritating re
iiM.n i. tfi hrvtst bv dilailnr on certain
R injviel he fck I bad suf wed from rtCcctlono
' ' . .