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warden is yet in consultation with his counsel, and is prepar-
ing or about to prepare his return.

Mr. Schley.—What will that return be ?

Mr. Alexander.—I don't know.

Mr. Schley.—You are his counsel.

Mr. Alexander.—I am counsel here, Having advised the
arrest of these parties as counsel, I do not care to put myself
in the relation of counsel and client with the warden, and
will confine my labors, therefore, to the discussion of any
questions which uay be present before this court, and all other
proceedings before your Honor in this matter. I was about
to say, though speculating only upon what I have heard, that
the parties wilt be produced in court somewhere about mid-
day, after the return has been prepared. But I make no
pledges upon that subject whatever. But I am inclined to
think that by mid-day there will be no necessity for any fur-
ther proceedings at all, but that is mere speculation upon my
part. I would, therefore, suggest to your Honor that, look-
ing to the quiet and order of the city, there is no purpose to
be subserved by any immediate proceedings of any kind. On
the contrary, I would state, as a gentleman to gentlemen,
that your Honor will, perhaps, best promote every object of
this proceeding by postponing the matter before you until the
hour of 12 or 1 o'clock.

Mr. Schley.—I appear on behalf of the Commissioners ap-
pointed by Governor Swann In their case there is no diffi-
culty about issuing any order directed through the Sheriff,
because they are not one and the same person. But now, you
see the time is delayed, of which you will judicially take no-
tice, one hour and a half, and that you, the representative of
the sovereignty of the State, upon the application of the citi-
zens of the State, in a matter concerning their civil liberty,
have waited patiently for a return from the warden of any
kind or description of the writ you have issued. There is no
liberty in a land wliere a party restrained of his liberty is not
to be heard in some court of justice. I mean to speak as
plainly and as quietly as I can, although my bosom is full of
warm and indignant feeling. Here is a man who has in his
custody three or four fellow-citizens, and he has not deigned
to make any return, but sends counsel here, who say they are
ready to argue any question of the law, but who don.t know
anything about the return. Why have we not an answer?
The warden is here in the court-house, and has been an hour
and a half. He has made no return whatever to that writ.
Are we to sit here, hour after hour, upon the faith of counsel
that he verily believes it will be so and so, and yet
tells us he has no definite information, or that something
may occur outside that will render any further proceedings
unnecessary.