early on the next morning, to Workman, who thereupon
directed the deputy sheriff to procure a boat by the offer of a
considerable sum of money, for the payment of which he
undertook the county would be responsible. The writ was served
soon afterwards, and returned at five in the evening by
Commodore Shaw, and the commanding officer of the ketch,
Lieutenant Jones; Swartwout had been taken from the ketch
before the service of the writ. Ogden was produced and
discharged, as his detention was justified on the order of
Wilkinson only.
"On the eighteenth of December, Wilkinson returned the writ of
habeas corpus into the superior court, stating that, as
commander in chief of the army of the United States, he took on
himself all responsibility for the arrest of Erick Bollman,
charged with misprison of treason against the government of the
United States, and he had adopted measures for his safe
delivery to the government of the United States: that it was
after several conversations with the governor and one of the
judges of the territory, that he had hazarded this step for the
national safety, menaced to its basis by a lawless band of
traitors, associated under Aaron Burr, whose accomplices were
extended from New-York to New-Orleans: that no man held in
higher reverence the civil authorities of his country, and it
was to maintain and perpetuate the holy attributes of the
constitution, against the uplifted arm of violence, that he had
interposed the force of arms in a moment of the utmost peril,
to seize upon Bollman, as he should upon all others, _without
regard to standing or station_, against whom any proof might
arise of a participation in the lawless combination.
"This return was, afterwards, amended, by an averment that, at
the time of the service of the writ, Bollman was not in the
possession or power of the person to whom it was addressed.
"On the following day Ogden was arrested a second time by the
commanding officer of a troop of cavalry of the militia of the
territory, in the service of the United States, by whom
Alexander was also taken in custody; on the application of
Livingston, Workman issued writs of habeas corpus for both
prisoners.
"Instead of a return, Wilkinson sent a written message to
Workman, begging hi
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