The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1844-12-19

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tie prospective partition of Texas between the abOliii
Onists aud the Shareholders
.-.- WASHINGTON, Dec. IL, 1914.
Applioaton 10 Supreme CoHttO Release GOUr'0r DOrr--
Nominations from Ncto York City.
j. G. Bennett ESQ., ....
send you below an exclusive report Of ,ihe motion
made 10 day by F. G Treadwell, Esq. in the Supreme
Court for writ of habcG corpus 10 bring the body O.
Governor Dor to this city for discharge from conhne-
menl # will be read with interest by your readers ana
most especially by the legal profession.
Mr. Treadwell, who WIS admitted last week in this
Court, presented his application by moving, in behalf
OF Governor Dorr that writ Of habenS corpus issue
forthwith 70 bring Governor Derr to Washington, and
give him n opportunity to sign petition for wit Of
error in his own behalf and to prosecute the same, TO
1.-The end that The ole record of hs Supreme Court of
The State OF Rhode Islsnd in said case may be certified
in due form ofaw to the Supreme Court OF the United
Estates and the errors therein corrected The facts in
this case, as briefly stated, are:
First.---That said Thomas w. Door was indicted for
treason against the State OF Rhode Island aforesaid, at
Newport at the term of the Supreme Court Of Rhode
|
and tried in pursuance of said Indictment, and verdict
Of guilty having been rendered by the jury in the case,
was, on the 25th day of june 1884, sentenced to "be
imprisoned in the States Prison at Providence in tie
county of Providence for the term of his Natural life
and there kept at hard labor in separate confinement
Second--That suspension of the sentence fol one
day was allowed by the Supreme Court of Rhode Is
land for the purpose OF preparing bill OF exceptions
"wilh view to suing out writ OF error TO the Supreme
Court of the United States" and bill Of exceptions
was th prepared.
Third THAT the Court refused to suspend the execu
on of the sentence and to await the decision Of the case
by the Supreme Court Of the United States upon writ
of error although notified that the imprisonment OF the
Edefudanl would disable him from prosecuting this
defence.
Foursh--That the Inspectors Of the States Prison
utterly refused to let said Thomas w Dorr, sign or
see petition for writ of error as aforesaid e n 4
Fifth THAT the Governor Of the State of Rhode Is
land refuses and he alleges for want OF power, to
let said Dorr' sign or see such petition.
Sixh--That sundry citizens of Providence aforesaid
have signed petition to this honorable Court for writ
oferror, or for writ of habeas corpus, which petition
is now presented with this notion
The points relied upon for revisal Of this sentence
were overruled by the Supreme Court of Rhode Island
and are---
First -lThat the act of the State Of Rhode Island for
defining and Furnishing treason is repugnan to the con-
stiuton and laws Of the United States, and that the
crime of treason cannot be committed against separ-
ate State, but against the United States, and Mr.. T.
cites Burkes report, page TO46 10 sustain this point
4 Second--- -Phat Mr.. Dor was Governor Of the State
duly elected, under the peoples constitution repub
lican constitution and form Of government which ac
will be presented.
Third--.That the whole record shows that # Cover
nor Dor levied war at all it was against the United
Estates, and cannot be enqured Of by any State Court
The authorities relied upon giving jurisdiction
his case te the Supreme Court Of the United State
were quoted by Mr.. T., as follows
First---The third article Of the Constitution Of tn
United States which vests this power in the court.
ond.---The 25th section Of the juditiary act {
1885, which prescrbes the mode Its exercise by
d of errol.
is Also, That the writ ofhabeas corpus is witt G
right the privilege of which, under the Constitution
the United States cannot be suspended but in two
ngencies mentioned in the second clause Of the 9Th
e ion Of article lst That the necessity for the writ
habeas corpus in this case arises because the Suprem
Court Of the State Of Rhode Island and the inspectors
the State prison at providence, lave thrown imped
ments in the way of the execise Of the constitution;
= right of Governor Do to have his defence examine
e by that tribunal whose province it is to constru
OF the constitution and laws Of the Union. 1.e.
The motion was submitted and the argument vi
probably be opened on Friday. There is reason TO b
e, lieve that the motion will be granted
le .