Page:Henry Adams' History of the United States Vol. 3.djvu/352

340 to the liberty of the country, or to agree that this invaluable privilege shall be suspended because it has been already violated,—and suspended, too, after the cause, if any there was for it, has ceased to exist. . . . With whatever epithets gentlemen may dignify this conspiracy,. . . I think it nothing more nor less than an intrigue!"

The Bill was accordingly rejected by the great majority of one hundred and thirteen to nineteen. On the same day the attorney-general applied to Judge Cranch of the District Court for a warrant against Bollman and Swartwout on the charge of treason, filing Wilkinson's affidavit and a statement given under oath by William Eaton in support of the charge. The warrant was issued; Bollman and Swartwout at once applied to the Supreme Court, then in session, for a writ of habeas corpus. February 13 Chief-Justice Marshall granted the writ; February 16 their counsel moved for their discharge; and February 21 the chief-justice decided that sufficient evidence of levying war against the United States had not been produced to justify the commitment of Swartwout, and still less that of Bollman, and therefore that they must be discharged. Adair and Ogden, who had been sent to Baltimore, were liberated by Judge Nicholson.

The friends of the Administration, exasperated at this failure of justice, again talked of impeaching the judges. Giles threatened to move an amendment of