The New York herald., 1844-12-13
BY THE SOUTHERN MAIL.
Warrington.

have reason TO believe that a movement, viii, \.
made in the House OF Representatives thi. morn.
ing at the Opening OF the days session, relative to
the annexation Of Texas. The principles involved
In the Treaty will form the basis, and il 10 possible
that Charles J. Ingersoll, of PhIadeIphs, will BE-
the medium through which the movement will b.
commenced; as he is a northern man with true
American annexation views This will have q
tendency TO "head off, Thomas H. Benton,
and hold him in his present position un-
I'll he is instructed by the Legislature of
Missouri, as he has already been by = large ma.
jority Of the people of the United States, exclud-
Ing the ab0lltOnists.
The treaty with China contains but little more
OF interest than has been previously noticed in the
Herald, although II Is ole quite favorable to our
trade with that empire.
The "biographer OF President Tyler /" has been
nominated 70 the Senate az Consul to Marseilles
in place Of Mr.. Croxall the present incumbent, re-
moved.
WASHINGTON, Dec. II, le44.
Application to Supreme Court to Release Governor
Dor-Nominatiors from Nep York City.
J. G. BENNETT, ESQ.,
send you below an exciusive report OF the mo.
tlop made to-day by F. C. Treadwell, Esq in the
Supreme Court, for writ Of habeas corpus to
bring the body of Governor Don to this city for
discharge from confinement. II will be read with
interest BY your readers and most especially by the
legal profession.
Mr. TREADwELL, who was admitted last week
ia this Court, presented his application by moving.
IN behalf OF Governor Dorr, that a writ Of Aabsas
corpus issue forthwith to bring Governor Dorr
to Washington, and give him an opportunity to
sign petition tor writ OF error in his own behalf,
and TO prosecute the same, to the end that the
whole record of the Supreme Court Of the State of
Rhode Island in said case may be certified in due
form Of law to the Supreme Court of the United
States, and the errors therein be corrected The
facts IN this case, as brie fly stated, are
Flst-That said Thomas w Dorr was indicted
for treason against the State of Rhsde Island aore-
said AZ Newport, at the term ot the Supreme Court
OF Rhode Island, holden on The fourth Monday of
August, 1872, and tried in pursuance Of said in
dIctmtu, and verdict OF guilty having been rem.
deied by The Jury IN ihe Case was, on the Is day
# June. 1874, sentenced to "be imprisoned in the
States Prison al Providence IN the county ~ Pro-
vldence, tor the term II his natural life aud there
Kept at hard labor in separate confinement"
Second.-That suspt Dsi0I OF the sentence for
QUE day was allowed by the Supreme Court OF
Rhodr Island for tne purpose Of preparing hill Of
exceptions. with a view To suing out a writ 0f
error 10 he Supreme Court OF the Unned Slales,"
aud bill q exceptions was then prepared.
Thlrd.--Tbat the Conrt refused 10 suspend the
execution OF the sentence, and to await the de-
cison OF the case by the Supreme Court of the
uult~d States upon a writ Of error, although noii-
fled that the imprisonment OF the defendant would
disable HIM from prost cuunR this defence.
Fourth.-Thst the lnspectorsvt vi the States Prison
utterly refused to let said Thomas w. Dorr, sgn or
see petition Tor writ Of error as aforesaid.
Fiiih.--Thai the Governor Of the State OF Rhode
Island refuses and, he alleges, for want Oi pow-
er, 10 LEI said Dorr sign or see such petition.
Sixth That sund,y citizens Of Providence sfore.
said have signed petition 10 this honorable Court
tor writ OF error, or tor writ OF habeas corpus,
which petition is now presented with this notion
The points relied upon f,r a rsvsal OF this s~n-
,eace were oover-rued by the Supreme Court Of
First -Tba, the act Of the State Of Rhode island
Tor defining and punsping treason is rppuenant 10
the constitution and laws Of the United States and
that The crime of treason cannot be committed
against a separate State. but against the United
States, and Mr. I cites Burke's report, page IO46,
To sustain THIS point.
State, duly elected. under the peoples cohstitu,lcn
IA republican constitution and form Of govern
ment, which facts will he presented.
ird.-That the whole record shows that lf
Governor Dorr levied war at all il wss against
me United States, and cannot be inquired Of by
any State Court.
The authorities relied upon as giving Jurisdiction
of this case To the Surreme Court Of the United
states were quoted by Mr.. t., as follows,
FIRST Tue third article OF the Constitution Of
the United States which vests this power in the
court
second The 25'h section Of the judicisry act
Of 1889. which prescrlbes the mode OF its exercise
by writ Of error.
Also. That the writ o habeas corpus is a writ
Of right, the privilege of which, under the Consti-
tutien OF the United States cannot be suspended,
but IN the two CONTINGENCIES mentioned in the
second clause OF the 9Th section Of article lst.
That the necessity for the writ OF habeas corpus
in this case, arises, because the Supreme Court of
The State OF Rhode Island and the inspectors Of
the State prison at Providence, have thrown i'm
pediments in the way Of the exercise Of the con-
sututiond right OF Governor Dorr to have his de-
ience examined by that tribunal, whose province
y is 10 construe the constitution and laws Of the
Union.
The motion was submitted and the argument
will probably be opened on Fnday There 10 rea-
son TO believe that the motion viii be granted.
The nomination OF Governor Van Ness, Collec-
tor OF your port will be- confirmed this week That
ot Henry q. Atwood, for Surveyor, will be sent in
TO morrow. He has presented memorial in his
favor signed by several hundred Of the most extern
sive shipping and importing merchants OF your
city, which will tend much to aid his confirms-
ton.