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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0151 Enlarge and print image (4M) |
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Federal Gazette & Baltimore Daily Advertiser 1807/01-1807/06 msa_sc3722_2_6_1-0151 Enlarge and print image (4M) |
| For the FEDERAL GAZETTE. " Cum ferro, cum metu, cum ftrivilagio, iwiit scrvittUe oppressam csvitatem tene- ment. Cibertatt'i sigithmfiotxiemnt.tnagfs ad Ijaibrium itnpit/icntie, qmun. ad simulatio- ncni Migiunis^rr-Ciccro, orqt. pro demo sua ad Pontificet—section 51. It is with a regret, which.I am unp.l-Je to express, that I find myself Qpnstraiaed to meet the public eye, in fhe following' narra- tive', v.i-.i'.h I submit to tie serious attention of ths (-eider ; and reluctantly ncknow- ledge the superior advantages whicji my ac- cuser derives from rank and patronage, whilst I have nothing but truth and honor to support me. Some few days after general Wilkinson "had denounced Aaron Burr as a traitor, at tne government-house in New-Orleans, and when he himself had become an object of ridicule and distrust, I was informed that Dr. Bellman was then under arrest at the instance of the general, and without any .©''.her than his own arbitrary authority—Not being sufficiently intimate with the Doctor to feel any thing like friendship for him, I yet felt that as a man, and particularly as a Stronger in the country, he had claims upon my professional exertions to arrest, if I could, the strong arm of military power which had been raised apparently to crush him, and being at the same time particular- ly requested by the lady with whom he liv- ed, to do what I could in his behalf, I im- mediately presented an affidavit of the fact to the senior judge of the superior court, and requested lam to allow, a writ of habeas corpus ; this, from a fear of disobliging so great a man as the general, or being actuated by some other prudential motive, judge Sprigg refused to do unless he had the ap- probation ox his brother judge, and express- ed a wish that I would defer it until the next day, when the court would be in ses- sion— I told him that something ought to be done immediately ; that in the morning it might possibly bo too late ; and at last pre- vailed upon him to accompany me to the lodgings of judge Mathews. Mathews was not within—I waited for him a considerable time, whilst his learned brother of the court was ineffectually exploring the pages of Ba- con's Abridgment, in order to comprehead the mysterious nature of a writ of habeas corpus ; and at the same time making shrewd remarks upon the inapplicability of British statutes and English doctrines to the wit (which, as he wisely observed, was not the statute) of habeas corpus in the United States, or their dependencies. I was confounded—indignation, mingled with con- tempt and astonishment, possessed me en- tirely—I went home and delayed the mat- ter until the next morning. The next day, when the judges had re- sumed the hearing of an old cause, I enter- ed the Court-room, and taking advantage of a short interval of suspense, rose, and told the judges " That I must beg leave to inter- rupt their present business, as I had a mo- tion of great urgency to make—-one of more moment than had ever been presented to their consideration before : that it was no less than to assert the sacred right of the subject to the writ of habeas corpus ; and that, it was grounded upon the affidavits, which I then read to them,—I also quoted the general doctrine from Blackstohe, shew- ing that the common law writ, is entitled to all the advantages of the provisions of the several statutes ; and after hinting at. The probable consequences of such an out- rage in a territory •but newly acquired by the United States, and just emerging from a system of tyranny, I finally expressed a strong hope that the court possessed suf- tcient firmness to grant my motion.", Mr. Livingston, at my request Jecon led me, and as it were prophetically observed, " That he well knew the miserable attempt. ¦which would be made to implicate himself and me in some base suspicion, for what we had done that day, but he thanked God ! that he had a heart and a mind to despise it." Another affidavit was then added, by way of supplement, and even, then, will it be credited ?--the court applied to Mr. James Brown, United States' attorney for the Or- leans district, for his opinion : and hearing from him, that the law was too clear to ad- iryt of a doubt, they at last ventured to al- low the writ, altering the time of the return from instanter to eleven o'clock the liext day. It was then delivered to the she- riff who was directed to serve it. Eleven, twelve and one o'clock elapsed the next da}', and no return was made to the writ. I then addressed the following letter to the general : Sirt I take the liberty of informing yrou, that unless a return to the writ of habeas corpus allowed by the court, and directed to you, he made within, a reasonable time after the receipt of this letter, I shall consider it as my illdispeifSible duty to move the court .whih-t in session, for a writ of attachment against you. I give myself this trouble, to the end that you may be perfectly apprized. of the measure, and am, sir, Your obedient servant. JAMES ALEXANDER. To gen. James Wilkinson. After dinner I returned to court, and Mr. Livingston handed me a letter addressed by the general to the judges. It stated in sub- stance, that he had no intention of resist- ing the civil authority, but that business of the highest consequence to thier " common country,'' would prevent him from making any return to the writ before the next morning. Mr. Lewis Kerr having obtained a writ of habeas corpus from judge Workman, in be- half of Mr. Peter V. Ogden, who had also been put under arrest, by a similar illegal order of the general, and who was detained on board the bomb-ketch /Etna, and being himself indisposed, requested me by note to attend to that business for him. I did so accordingly ; and lieutenant Jones, who Commanded on hoard the jfStnn, and com- modore Shaw, both appealing in obedience V> the writ, and having declared that they had no charges to exhibit, the judge ordered Mr. Ogden to be set at large. This gentle- man accompanied me home, ami spent the night with his friend Mr. Williamson. Upon leaving vn) house I gave him a brace of pis- tols, and n id him that if an attempt should be made to arrest him a second time, with. out the sanction of any civil authority, a:yi the force should lie such as he could resist without shedding blood unnecessarily, he ought to defend himself. wout was also a prisoner on board the ketch, I took his affidavit to that effect, and ap- plying to judge Workman, obtained his al- lowance-to the other writ of habeas corpus. This I served myself upon,Mr. Shaw, and waited at the judge's for the return. About ten o'clock at night lieutenant Jones came to the judge's, and informed me, that dur- ing his absence on Shore, Mr. Swamv-.mt had that very evening been removed from theiEtna, inconsequence of an order from general Wilkinson to that effect, counter- signed by commodore Shaw. The next morning I went on board the ketch, where I obtained an affidavit of the fact from the officer who had delivered Mr. Swartwout up, and ascertained that he had been co n vey ed across the river. I i m med i a tely obtained writs of habeas corpus, & delivering one of them to thesherifftoserveupDnthege- neral, I went across the river & found Mr. Swartwout at the magazine, in the custody of an officer, to whom I delivered one of them, and required his obedience to it. He said, that having positive orders from the ge- neral, he.could not act but under his directi- on, and then sent off a boat in order to in- form the general of what had taken place & to know his. pleasure. I waited there until this officer was relieved ; and the one who Succeeded, having no instructions with re- gard to the writ of habeas corpus, I served another upon him: he told me that he could not receive it ; upon which I informed him of its nature and left it in the guard room. : When I returned to town, I was informed of the general's oratorical and patriotic flou- rish to the return made to a writ of habeas corpus, as stated by Mr. Livingston in his address to the public ; and nowthat I no- tice that address, I beg leave to express my entire conviction of the innocence of that gentleman. I most sincerely lament that his generous ellbrts in my favor should have again disturbed the subsiding malice of the general ; and I blush for human nature it- self, when I see the guilty hand present the poisoned chalice to the unoffending lips of innocence. The next morning, steady to my duty, & not in the least discomposed by the gene- ral's denunciation, finding that no return had been made to the habeas corpus in the case of Mr. Swartwout, and the sheriff hav- ing informed me that he had twice called at the general's for the purpose of serving it, but had been refused admittance, I applied tojudge Workman for an attachment. He directed the sheriff to go once more to the general and inform him of the nature of his business. On the same day, after dinner, as if it were the necessary consequence of perform- ing my duty, captain Bradish, with a troop of horse, arrested me by virtue of an order from general Wilkinson, unsanctioned by any civil authority. After drinking a glass of wine with me, he asked me whether I would consider myself as under arrest, and was about to dismiss his troop ; I requested him to shew me his orders, and having pe- rused them, told him that an illegal order was no order, and that I could not consider my- self as under arrest. I also expressed a wish that he would retain his troop, observing that I should be unwilling to shed his blood, but that I was prepared. I then remarked to the troop rhat 1 was unable toresist them, and after a few minutes I was conducted to the general's quarters, where I found air. Ogden who had been sent there a short time befort. The general never condescended to visit us, but as he passed by averted his head, as if afraid to meet the looks of those whom he had injured : here upon the ground floor, in a place infested by rats, we passed the night together ; and the next morning before Bun-rise, in order to prevent any gene- rous effort from being made for our rescue, we were hurried across the river, to the mi- serable shed, which had just before been oc- cupied by Mr. Swartwout. Upon my arrival there, I wrote two notes, one addressed to Mr. Philip Jones, and the other to the collector of New-Orleans; the former contained thisunpardonablesentence, " as it regards myself, internally all is well, and I enjoy a tranquility of soul which is truly enviable ;"—and the other concluded with the following words, "if you have e- ver entertained a favorable opinion of me I request that you will retain it, fori pledge myself to come out in the sun-shine of inte- grity." These letters, I am convinced, were never delivered, and let me add, that I ne- ver received Mr. Livingston's note or the supplies which he was so good as to put up for me. Here we learnt that Mr. Swartwout had been removed down the riverto fort St. Phi- lip, the preceding night. No person was permitted to visit us, and even the common offices of nature could notbe performed with- out the superintendance of a corporal and a file of men. We continued there about a week, when we also were sentdown to fort St. Philip—thence I was transported to this city, without money, in a vessel badly found as it regards sails and rigging, exposed to the danger of a winter voyage raid the in- clemency of the season, described to be a ' man of great art and address and of daring courage," prohibited the use of pen and ink, and forbid to speak to any one but a com- missioned officer. And yet all this has happened, not in the heart of a despotic empire, not at a period of foreign war, or intestine trouble, but at a moment of profound peace and domestic tranquility: in a country where the consti- tution of the United States is the primary and transcendental law, where the writ ©f habeas corpus has been given to the subject, as a boon of inestimable value ; in a land said to be reclaimed from servitude, where the civil power of the magistrate alone is felt, and military force is a stranger—and it has happened too, under the eye of an Ame- rican governor, appointed to his magistracy by the president of the United States, and one of the objects of this unheard-of outrage, is a young member of the bar, acquainted with very few of the inhabitants of N. Or- leans, a stranger to their language, without influence or authority of any kind, either to exfc'ite or aid an insuirection, and well known, so far as any knowledge of him ex- tends, to he from principle attached to a firm and energetic government, and utterly to detest all the despicable arts by which gro- velling ambition would ascend to orrvver. t ..... " Can such thing's be, And overcome us, like a summer cloud, Without our special wonder 2" JAMES ALEXANDER. Baltimore, Feb. 13, 1BD7.' ' rimvTY-Fouirm Bulletftf. Berlin, November 22. No intelligence has yet been received that the suspension' of arms, signed on the 17th, has been ratified by the king of Prussia, and that the exchange cf ratifications has taken place. In the mean, time hostilities continue to go on, as they axe not to cease till the perj id of exchange. General Savary, whom the emperor ap- pointed to direct the siege of Him el n, had a conference on the 20th with general Lecoq, and the Prussian general, and made him sign a capitulation. 9000 prisoners, amongst whom are six generals, magazines, sufficient to sub-sist ten thousand men for six months, stores of all kinds, a company of horse ar- tillery, and SOO cavalry are in our power. .-. Savary set off immediately' for Nieuburg, in order to make that fortress capitulate, in which it is thought there is a garrison of from two to three thousand men. A Prussian battalion of 8000 men, in gar- rison at Czentoschau, at the extremity of Palish Prussia, capitulated on the 18th be- fore 150 light horse of the 2d regiment, united to 300 Polish confederates, who ap- peared before the fortress. The garrison are prisoners of war ; considerable magazines have been found in it. THIRTY-NINTH BULLETIN OF THE GRAND ARMY. Posen, December 7, 1805. General Savary, after having taken pos- session of Hameln, proceeded to Nieubourg. The governor hesitated to surrender. Gene- ral Savary entered the place, and after seve- ral conferences he concluded the articles of capitulation, A courier has just arrived with the news that the emperor cf Russia has declared war against the Porte ; that Choczin and Bender are surrounded by his troops ; that they have passed the Dniester and posted themselves from that to Jassy. General Mi- chelion commands the Russian army in Wallachia. The Prussian army, commanded by gen. Benissen, has evacuated the Vistula, which marshal Davoust has passed and established his head-quarters before Praga : his advanced posts are on the Bug. The grand duke of Berg continues at Warsaw. The emperor's head-quarters are still at Posen. FORTIETH BULLETIN OF THE GRAND ARMY. Posen, 9th December, 1806. Marshal Ney has crossed the Vistula, and entered Thorn on the 6th. He bestows par- ticular praise on colonel Savary, who, at the head of the 4th regiment of infantryr, with the . grenadiers and voltigeurs of the 90th and the 6th light infantry, crossed the Vis- tula, the first. He had an engagement at Thorn with the Prussians, whom he forced, after a slight battle, to evacuate the town. He killed some of their men, and took twenty prisoners. This affair exhibits a remarkable trait.— The river 400 fathoms across, was covered with floating ice : the boat which carried our advanced guard, being stopped by the ice, could not advance ; on the opposite bank, some Polish boatmen rushed forward under a shower of balls to clear the boat. The Prussian boatmen attempted to oppose them, upon which a scuffle with fists ensu- ed. The Polish boatmen threw the Prus- sians into the water, and piloted our boats to the right bank. The emperor has in- quired tiie names of these brave men, for the purpose of rewarding them. The emperor received to-day the deputa- tion of Warsaw, consisting of Messrs. Ga- tokourtk-i, grand chamberlain of Lithuonia, knight of the orders of Poland -r Gorzeuski, lieutenant-general, knight of the orders of Poland : Lubienski, knight of the orders of Poland ; Alexander Potocki-; Rzetkowki, knight of the order of St. Stanislaus ; Lus- zewski. FORTY-FIRST BULLETIN OF THE GRAND ARMY. Posen, Uth December, 1806. The general of brigade Helair, of the corps of marshal Ney, set off from Thorn, the Pth of this month, and marched towards Galup. The 6th battalion of light infantry and the chief of squadron Schoeni, with 60 men of the 3d Hussars, met a party of 400 of the enemy's cavalry. The two ad- vanced posts had a skirmish. The Prussians lost an officer and five dragoons made pri- soners, and thirty men killed, whose hors- es remained ill our possession. Marshal Ney bestows great praise on the chief of squadron Schosui. Our advanced posts on that side reach as far as Strasburg. The 11th, at six o'clock in the morning, a cannonade was heard ontheside of the Bug. —Marshal Davoust made the gen. of brigade flauthier, cross the river Bug, at the mouth of the Wike, opposite the village of OJuinm. ¦ The 25th of the line and the 89th, having crossed, and covered themselves by a tete de pont, and had advanced to the village of Pomikuwo, when a Russian division pre- sented itself to carry this village ; it made- only useless efforts, was repulsed and lost a great many men. We had tweaty men killed or wounded. The bridge of Thorn, which is upon pil- lars, is repaired ; the fortifications of this place are repairing. The bridge from War- saw to the suburbs of Praga is finished ; it is a bridge of boats. A fortified camp is throwing up at the suburgs of Praga ; the general of engineers Chasseloup lias the chief direction of these works. On the lOLh, marshal Augereau crossed the Vistula, between Zakroczyn and Utra- ta. His detachments are working upon the right bank to cover themselves with en- trenchments. The Russians appear to have forces at Pulttisk. Marshal Bessieres is stretching out from Thorn with the second corps of the reserve of cavalry, consisting of the division of light cavalry of general Tilly, of the dragoons of general Grouchy and Sahuc, and of the Cuirassiers of general d'Hautpoult. Messrs. de Lucchesini and de Zastrow, plenipotentiaries of the king of Prussia pass- ed on the loth, through Thorn to repair to Koeningsberg to their master. A whole Prussian battalion of Klockhas deserted from the village of Brok. It took its way by different roads to our posts. It partly consists of Prussians and of Poles.— They are all indignat at the treatment they .old a; to lie say they, " we _____________'RnsstunE,'1 will not go with them." The enemy • have burnt the two suburbs of Rreslaw, many woman and children pe- rished in the fire. Prince Jerome has .suc- coured these Unfortunate inhabitants'. Hu- manity prevailed over the laws of war, which prescribe to drive into a besieged place the useless mouths- the enemy should .endeavor to remove from it. The bombardment was begun. General Gouvion is appointed governor of Warsaw. FORTY-SECOND BULLETIN OF THE ¦ GRAND ARMY. Posen, lstk December, 1806. ' The bridge upon the Narew, at its mouth in the Bug, isfinished. The tete de pont is finished and mounted with cannsn. The bridge upon the Vistula, between Za- ' kronczym and Utrata, near1 the mouth of the Bug is in like manner finished. The tete de pont, armed with a great number of batte- ries, is a very formidable work. The Russian armies are coming in the di- rection of Grodno and ill that of Biclik, a- long the Narew and the Bug. The head- quarters of one of their divisions was ri 10th at Puttusk upon the Narew. I General Dolauloi is.appointed governor of Thorn. The 8th corps of the grand army com- manded by marshal Mortier, is advancing ; it has its right at Stettin, its left at Rostock, and its head-quarters at Ankklm. The grenadiers of the reserve of geri. Ou-. dinot are about to arriveat Custrin. The division of cuirassiers, newly formed under the command of-general Kspagne, is coming to Berlin. The Italian division of gen. Lecchi is as- sembling at Magdeburg. The corps of the grand duke of Baden is at Stettin ; in a fortnight it will be able to- enter into the line. Tne hereditary prince has constantly followed The head-quarters and has been present at every engage- ment. The Polish division at ZayonSchek, which has been organized at Hagenau, and 6000 strong is at Leipsic for the purpose of being clothed. His majesty has ordered a regiment to be raised in the Prussian states beyond the Elbe ; it will assemble at Munster. The prince of Hehenzollern Sigmaringen, is ap- pointed colonel of the corps. A division of the army of reserve of mar- shal Kellerman, is set off from Mentz. The head of this division is already arrived at Magdeburg. Peace with the elector of Saxony and the duke of Sax-Weimar, was signed at Posen. All the princes of.Saxony have been ad- milted into tie. confederation of the Rhine. His majesty has djisapproved of the levy of contribute- he states of Sax- Gotha and Sa. ungen, and has ordered what has beei received, to be restored. These princes not having been at war with France, and bavin1,:-; furnished no contingent to Prussia, ought not to be subject to war contributions. The army has taken possession of the country of Mecklenburg. This is a conse- quence of the treaty signed at Sch werin, the 25th October, 1805. By this treaty the prince of Mecklenburg had granted a pas- sage over his territories to the Russian troops commanded by gen. Tolstoy. The season astonishes the inhabitants of Poland. It does not freeze. The sun ap- pears every day, and it is still autumnal weather. "',.. The emperor sets off to-night for VV*-" saw. From the National Intelligencer. UNITED STATES,^ vs. ¦ •¦' ' Messrs. BOLLMAN & SWARTWOUT. The following opinions were delivered on the 30th ult. in the circuit court of the district of Columbia, on the motion to commit the prisoners. Chief judge Cranch delivered the follow- ing opinion : It is the opinion of a majority of the judges, that Eric Bollman and Samuel Swartwout should be committed for trial for the crime with which they are charged.— It is also the opinion of a majority of the judges that they should not be admitted to bail at present. Upon the motion heretofore made to this court by the attorney of the United States, for a warrant to arrest Dr. Bollman and Mr. Swartwout upon a charge of treason against the United States, I thought myself bound to dissent from the opinion of my brethren on the bench, because I did not think that the facts before us, supported by oath or affirmation, showed probable cause to be- lieve that eitheir of the prisoners had levied war against the U. States. After further deliberation, and a more mature examination, both of the evidence and the law, my doubts are very much con- firmed. In times like these, when the public mind is agitated, when wars, and rumors of wars, plots, conspiracies and treasons excite alarm, it is the duty of a court to be peculiarly watchful lest the public feeling should reach the seat of justice, and thereby precedents be established which may become the ready tools of faction in times more dis- astrous. The worst of precedents may be established from the best of motives. We ought to be upon our guard lest our zeal for the public interest lead us to overstep the bounds of the law and the constitution ; for although we may thereby bring one cri- minal to punishment, we may furnish the means by which an hundred innocent per- sons may sutler. The constitution was made for times of commotion. In the calm of peace and prosperity there is seldom great injustice. Dangerous precedents occur in dangerous times. It then becomes the duty of the judiciary, calmly to poise the scales of jus- lice, unmoved by the arm of power, uridis- aye from the Russians. " Our prince has ! tur^ed by the clamor of the multitude. Whenever an amplication is. nu in oak'judicial character, we are hound, not only by. tire nature o! our office, but bv our solemn oaths, to administer justice accord- ing- to the laws and constitution of the U. States. No political motives—no reasons of state ' can justify a disregard to that solemn iu-N junction. In cases of emergency, it is for the exe- cutive department of the government to act upon its own responsibility, and to rely upon the necessity of the case for its justifi- cation—but this c .urt is bound by the law and .the constitution, in all events. . When therefore the constitution declares . that " the right of the people to be secure in their persons," " again a ¦ unreasonable seizures," " shall not be violated," and that - " no 'warrants shall issue but vporr-probab/e cause, supported by oaiii or ajj'fm.ithn"— this court is as much bound as any indivi- dual magistrate to obey its command. The cause of issuing'a warrant ol arrest comir.itted'by the person charg- ed'. Probable cause there!" re, is a probabi- lity.that the crime has been committed by that person. Of this probability, the court' or magistrate issuing the warrant must be sa- tisfied by facts sup} erf edby oath or ctjjirmatu on. The facts therefore which are., stated' upon oath, must induce a reasonable proba- bility that all the acts have been done which constitute' the offence charged. The question bother a crime has been ¦¦ committed is a question partly of law and partly of fact. What acts c^istitute the crime is a ques- tion of law.- Whether those acts have been done is a question of fact. The orime charged in the present case is I treason against the. United States. The question of law is what acts consti- tute that crime ? - The third section of the third article of ' the constitution of the United States says, that '* treason .against the United States shall consist only, in levying ivar against them, or, in adhering to their enemies, giving them aid and comfcrt," As it.isnot contended that the prisoners are guilty under the second clause of the definition ; if guilty at all, it must be of trea- son in laying itiar against the United States. To a man of plain understanding it would seem to be a matter of little difficulty to declare .what was meant in the constitution by levying ivar ; but the subtleties of law- yers and judges, invented in times of heat and turbulence, have involved the question. in some obscurity. It is not my intention, at this time to say how far the expression ought to be limited, nor how far it has been extended. It is, however to be hoped that we shall never in this country adopt the long list of construc- tive treasons invented in England by the worst of judges in the worst of times. It is sufficient to say that the most comprehen- sive definition of levying war against the , king, or.against the United States, which I have seen, requires an assemblage of men, ready to act, and with an intent to do some peasendbU'-iCi, . lin warlike manner, or else assembled in such numbers ... to su- percede the necessity of arms. The advocates for the prosecution have. not as I understand, contended for a mote unlimited definition than'tins. ,. It is unnecessary, and perhaps would be improper'for me. at this time to say more oil the question of fact, than, that iri my opi- nion, there is.no piobable cause, supported by oath or affirmation, within the mean- ing of the constitution to charge either dec- tor Bollman, or Mr. Swartwout with trea- son by levying, war against the United States. ...... . From some of the doctrines urged on the part of the prosecution, I must, most ex- plicitly, declare my dissent. I can never agree that the executive com- munications, not on oath or affirniatioij^- can, under the words of our constitution, be received as sufficient evidence, in a court of.justice, to charge a man with treason, much less to commit him for trial. If such doctrines can be supported, there is no necessity of a suspension of the privi- vilege of the writ of habeas corpus, by iltcs authority of the legislature. As it is admitted that such communications cannot be evidence on the trial, and as an. opinion on that point, therefore, cannot be considered as prejudging any question which can occur in a subsequent stage of the pro- secution, I have thought proper to be thus explicit on that point. To have said less, I should have deemed a dereliction of duty. The substance of JUDGE DVCZETT'scpi' nion. IMr. D. said he should not make many ob- servations in addition to what he bad re- marked on granting the district attorney's motion, for a warrant to arrest the prisoners on the charge of treason, Nor should ha make any professions of scruputous attach- ment to the right of personal liberty in the citizens of our country ; because, if the whole tenor of his conduct through life, had not evinced such attachment, he felt as- sured, that no professions on his part could on this point secure the confidence of tl.e public. He concurred in the sentiment, that no reasons of state, no political motive should be suffered to influence in the sli gree the decision of .the present question ; but while on the one hand, a due regard should he paid to the riyi.t of personal it- berty in the citizen, we should not be en- tirely forgetful of the duty we owed to the public, of preserving the constitution and government of the country. That on the question then before the court he would observe, as' he had done win warrant issued, that he would at that time- give no opinion, as to what constituted a levying of 'ivar within the definitionoi tre>a» son in the the co:i':t;iv,.a; oi the |