t :r-.. fNUM B ER 5 2 8 1 l:i-J.:::'v . ' V IK. ';;t. l - ) ' - Hi 0! I V .-"f,- , I ll C it h'l I IS V I 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 , dependiiigbtffortUec'oort,theffrectowhirh 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 January 28. 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' Ent readine. 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 . . Tnr DEPOSlTIOhf 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 ' ' . . - r - 1 U

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