m to accept his return to the superior
court, as applicable to the two traitors, who were the subjects
of his writs. On this, Livingston procured from the court, a
rule that Wilkinson make a further and more explicit return to
the writs, or show cause why an attachment should not issue
against him.
"Workman now called again on Claiborne, and repeated his
observations, and recommended, that Wilkinson should be opposed
by force of arms. He stated, that the violent measures of that
officer had produced great discontent, alarm, and agitation, in
the public mind; and, unless such proceeding were effectually
opposed, all confidence in government would be at an end. He
urged Claiborne to revoke the order, by which he had placed the
Orleans volunteers under Wilkinson's command, and to call out
and arm the rest of the militia force, as soon as possible. He
stated it as his opinion, that the army would not oppose the
civil power, when constitutionally brought forth, or that, if
they did, the governor might soon have men enough to render the
opposition ineffectual. He added, that, from the laudable
conduct of Commodore Shaw and Lieutenant Jones, respecting
Ogden, he not only did not apprehend any resistance to the
civil authority from the navy, but thought they might be relied
on. Similar representations were made to Claiborne by Hall and
Mathews; but they were unavailing.
"On the twenty-sixth, Wilkinson made a second return to the
writ of habeas corpus, stating that the body of neither of the
prisoners was in his possession or control. On this, Livingston
moved for process of attachment.
"Workman now made an official communication to Claiborne. He
began by observing, that the late extraordinary events, which
had taken place within the territory, had led to a
circumstance, which authorized the renewal, in a formal manner,
of the request he had so frequently urged in conversation, that
the executive would make use of the constitutional force placed
under his command, to maintain the laws, and protect his
fellow-citizens against the unexampled tyranny exercised over
them.
"He added, it was notorious that the commander in chief of the
military forces had, by his own authority, arrested several
citizens for civil offences, and had av
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