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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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