stated to the court that he considered his prisoner, and he attended this court as a matter of courtesy. and if any one offered resistance he was instructed by government to give their names &c— and wrote the names of the court &

s counsel replied to such a Subterfuge writ.

The court thought it due the court to hear the reasons why the jurisdiction of the court is <​was​> not regarded.

said he did not come to make a speech. but was instructed to arrest the man. He intended to make no defence. He was an agent of the . “Your writ of has nothing more to do with this case than a man in the moon.” I have not been able to get authority and did not come to make defence. Read from Charl[e]s B. Penrose, hand writing (so purporting) 33 sec. of act Sept 24th. 1789. act of congress. Had agreed to wait the decision of this court but have <​had​> not agreed to abide the decision.—

James A McCanse was called by the Court, and asked do you subscribe to the Decision of in the matter,

McCanse would not decide, would like counsel.

said he did not ask any favors of the court He was a Agent.

said if Canse surrenders his claim we will not go into the merits of the case, but if Canse claims the we will go into the merit.

read a petition of for a<​nother​> writ of Habeus corpus. counsel for , said that had given up the on the first claim.

said he did not surrender his claims. had nothing to say about it. Take your own course Gentlemen.

, said he has given him up on the first writ, and now says he says nothing about it. and upon this ground we claim a discharge

. said “we would be defending the writ if before I come here as an Agent of the . The has been taken out of my hands. I consider illegally. I do not come here to prosecute or to defend a writ of Habeus corpus. There is no law, for these proceedings. I know my rights. If this court thinks it right to [p. 98]