said it has been duly stated that this Court has nothing before it on which they can act, there is a prisoner brought into court, who was in custody within the province of your honors— those papers have been read but they disclose no crime, no guilt, there are no merits to try, they present no meritorious cause of action, they do not present the prisoner’s guilt in any form whatever, what are the merits? shall we try him for horse stealing, burglary, or arson, or what? the prisoner was arrested for some cause, but for what? you shall hear the merits if you can find them out, then the Court has power to try, is it burglary, arson, or something else? what is the point to try? those papers know no crime, this court knows no crime, there is no merits, no existence of any thing, it is an ignis fatuus, a will-oth-wisp— to arrest somebody for doing nothing, to have the privilege of trying a law suit about nothing, the court never says ever preferred any thing, if there can any merits be hatched up, we will try it.

J. Smith was satisfied that this thing can be brought to trial. it appears I am a prisoner and by the authority of the Circuit Court— I petitioned this Court for hearing, I am a prisoner and aver that it is a malicious prosecution, and a wicked conspiracy got up by men for the purpose of harassing me, and decoying me into their hands. I want to shew that this has joined a set of men, who have entered into a conspiracy to take away my life— after hearing the case you have power to punish, imprison, or fine, or any thing you please, you have a right to punish the offender, if I am a criminal you have power to punish me and send me to the Circuit Court, but if I am as innocent as the angels of heaven, you have power to send the to trial— they have no merit in their cause, I want to shew up this conspiracy, that these men are working their basest corruption, they have lifted up their hands against innocence— you have power to hear the on his oath. I will shew you a precept, look at the federal court of this district, the case was made out by affidavit when the Court decided it just as well as giving oral testimony— the is granted on the testimony of the petitioner, it is the law in Blackstone, that where no other matter is in existence, and the prisoner swears that he is innocent, the Court must set him free, a man must give his testimony and swear it and then goes away as free as the proud eagle, If I have the privilege of testimony under oath to the facts that they make slander off, then they can not do any thing with it— suppose that I am an eye witness to the [p. 2]