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


Washington.
Correspondence Of the Herald
"AsHiSaros, Thursday, Dec. IL, 4 A. M.
D'po'IaM movement Relative to Isras in the Hoxs
/" OBSERVATION-DISCLOSURES bill headed oG-Ihe
Chinese I'eafy-Constl to Marssilies
]. q. BENNETT, EsQ;-
have reason to believe that movemen n, will be
made in the House of Representatives this 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 is possible
that Charles J. Ingersol, Of Philadelphia, will be
the medium through which the movement will be
commenced as he is a northern man with true
American annexation views. This will have a
tendency to "head of" Thomas IL. Benton,
and hold him in his present position un-
al he is instructed by the Legislature Of
Missouri as he has already been by large ma
ionty Of the people OF the United States, exclud-
ing the abolitlonlsts
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 TO the Senate as Consul to Marseillea
in place OF Mr.. Croxall the present incumbent, re.
moved.
WASHINGTON, Dec. II, lS44
Application to Supreme Court to Release Governor
Dor-N Nominations from NsW York City.
j. w. bkNNETT, ESQ -
send you below exclusive report Of the mo-
top made to-day by +. G. Treadwell, Esq in the
Supreme Court, tor writ OF habeas corpus to
bring the body Of Governor Dor to this city for
discharge from confinement II will be read with
interest BY your readers, and most especially by the
legal profession
Mr.. TREADwRLI who was admitted last week
IN this Court, presented his application by moving.
"a haIa E1f( ~.
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 briefly stated, are-
Flrst-Thar said Thomas w Dorr was indicted
for treason against the Stale Of Rh.d- Island atore-
said, at Newport at the term oi The Supreme Court
IF Rhode Island holden on III. fourth Monday of
August, 1872, aud tried ia pursuance OF said in
dclment, and verdict OF guilty having been rem
dered by the Jury IN the case, was, on the Is day
If June, 1874, sentenced 10 Be imprisoned in the
States Prison at Providence, in the county Of Pro-
ydence tor the term OF his natural life, and there
kept at hard labor I'D separate confinement"
Second.-Ihat suspeD of the sentence for
one day allowed by the Supreme Court of
Rhode Island, for the purpose Of preparing bill Of
"
error to the Supreme Court Of the United States"
and bill Of exceptions was then prepared.
Third. That the Court refused to suspend the
execution OF the sentence, and to await the de-
csion OF the case by the Supreme Court of the
United States upon a writ Of error, although not-
fed that the imprisonment Of the defendant would
disable him from prose cullDg this defence.
Fourth.-That the Inspectors oil the States Prison
utterly refused to let said Thomas W. Dorr, sign or
see = petition Tor writ of error as aforesaid.
Fifth.--That the Governor Of the State OF Rhode
| Ia md afu md has Ecr ntctr
er, to let said DOrr sign or see such petition.
Sixth.-That sundry citizens of Providence afore-
said have signed petition to this honorable Court
tor writ OF error or tor writ OF habeas corpus,
which petition is now presented with this motion.
The points relied upon for revisal Of this SEN
tence were over-ruled by the Supreme Court of
Rhode Island. and are
First-That the act of the State of Rhode Island
for defining aud Furnishing treason is repugnant 10
the constitution and laws of the United States and
that the crime OF .Teason c cannot be committed
States, and Mr. L. cites Burke's report, page lO46,
to sustain this point
ond-That Mr. ,Dorr was Governor Of the
State, duly elected under the peoples constitution
"a republican constitution and form Of govern
ment, which facts will be presented.
Thlrd.-That the whole record shows that If
Governor DOrr levied war al all II was against
the United States, and cannot be inquired Of by
any State Court.
The authorities relied upon as giving jurisdiction
of this case to the Supreme Court Of the United
States were quoted by Mr. T., as follows:
First-The third article OF the Constitution of
the United States which vests this power in the
court.
Second-The 25th section Of the judiciary act
Of l7s9, which prescribes the mode OF its exercise
by writ of error
Also. That the writ Of habeas corpus is a writ
of right, the privilege of which, under the Const-
tuition OF the United States cannot be suspended,
but in the two contingencies mentioned in the
second clause OF the OH section OF article LIST.
| 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
pedimeats in the way of the exercise Of the con-
| sttutonal right Of Governor Dor to have his de-
fence examined by that tribunal, whose province
i is 10 consrue the constitution and laws Of the
Union.
The motion was submitted and the argument
will probably be opened on Friday. There 10 Iea-
son 10 believe that the motion win be granted.
The nomination OF Governor Van Ness, Collec-
tor OF your port, will be confirmed this week That
OF Henry G. Atwood, for Surveyor, will be sent in
tomorrow. He has presented memorial in his
favor signed by several hundred Of the most extern
| slve shipping and importing merchants Of your
city, which will tend much to aid his confirma.
tim