The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1845-01-10
+. C. TREADWELL,
or counsel in behalf of said Dorr.

vi counsel IN behalf of said Dorr.
affidavit Of Samuel Fessenden.
i, Samuel Fessendsn, of Poi lland, in the county
law, on oath state: that | was employed by the
friends OF Thomas Wilson Dorr, confined in the
State prison in Providence, Rhode Island, Pursuant
to the sentence Of the supreme court of Rhode Isl.
and and Providence Plantation, on conviction in
said court on an indictment charging said Dorr OF
having committed the crime of treason by levyng
against said State, counsellor at law, prac.
sing in the circuit court of the United States, to
render my aid in carrying up the case of the said
Thomas Wilson Dorr, on writ Of error to the Su-
correction of the stated and set forth in
the record Of his said DORIS trial and conviction;
that in the discharge ofmy duty by virtue of said
employment, Healed on Mr.. Justice Story of the
Supreme Court of the United States, who inform
ed me that, as an indispensable preliminary TO the
granting writ of error, petition signed by said
Dorr must be presented, praying that writ of err
ror might be granted
then drew up petton-such as Judged to be
suitable and proper for said Dorr TO sign-and in
company with Francis C. Treadwell, esq, pre-
sented said petition to Thomas M. Burgess, esq +,
mayor of the city of Providence, and by virtue of
his office chairman of the board ofinspccors of the
States prison in Providence, where said Dorr is
confined, with the request that said Dorr might
have said petition placed in his hands for pernsal
and with liberty TO sign the same should he think
proper.
The said Burgess then informed me that he had
no idea that said Dorr would be permitted to see
sign said petition; that he himself should be OPP
posed to III that It was, as he believed, the deter
mination of the authorities of the State that said
Dorr should have no opportunity to carry up his
case by writ of error, aad that they did not intend
that there should be any interference on behalf of
said Dorr for that end. With much persuasion, |
induced the sald Burgess. the mayor, to take said
petition, and consult with the other members of
the board of ofnspectors. He took the petition for
that purpose, saying at the same time thath knew
they would not permit it, and that he as one ofthe
board should not consent to have said Dorr see
or sign said petition.
On this twentieth day of November, received
the annexed letter from said Burgess, with the Pc
tition which handed to him; and the sheets con-
tanning said petition have marked with the ini-
tials Of my name
SAMUEL FESSENDEN.
UNITED STATES OF AMERICA.
District Of Maine.
On this Goth of November, 1874, personally ap-
peared before me the above named Samuel Fessen-
den, and made oath to the truth of the fact stated
in the above affidavit by him subscribed.
ASHUR WARE,
Judge of United States for the District of Maine.
PROVIDENCE, November lS, 1914.
GENTLEMEN, have seen several of the in
spectors of the State prison this afternoon, who
agree with me- that we ought to take no action
upon your request, because it is very similar in
its character to one which the general assembly,
at their October session, virtually refused to grant
enclose the papers, and remain, respectfully,
your obedient servant,
THOMAS NJ. BURGESS.
To Messrs. FEssENDEN and TREADwELL.
.lfidapit of John S. Eiiy
l, John S. Eddy, of city and county of Prov-
dence, and State of Rhode Island, gentleman, on
oath state, that on the twentyfitth day of Novem-
ber, A. ID. eighteen hundred and forty-iour, in
Company with Francis C. Trcadwe, esq, call
ed upon James Fenner, esq, governor Of the State
Of Rhode Island aforesaid at his residence in Pro-
violence Aforesaid, when the said Treadwel present
ed to said Governor Fenner petition addressed to
the chief justice and associate justices of the Su-
said justices in either of the circuits, praying that
a writ of error may be granted in the case of the
State of Rhode Island against Thomas Wilson
Dorr, confined in the State prison in Providence,
Rhode Island, aforesaid, pursuant to the sentence
OF the supreme court of Rhode Island and Provi-
dence Plantations, on conviction in said court,
on an indictment charging said Dorr with having
committed the crime of treason against the said
State, and requested the said Governor Fenner to
permit said Dorr to read SAID petition, and to sign
the same, if he, the said Dorr, should desire 10 d.
So That the said Governor Fenner replied to said
lreadweU, that he, SAID Governor Fenner, hau no
power to hold intercourse, with said Dorr, or with
any other person confined in the State prison afore-
said, nor to permit any other person so to do
That by the laws Of the State of Rhode Island
aforesaid, the inspectors of said prison were the
only persons who had power to permit such inter
course, to allow any person to see any prisoner
confined in said prison; and the said Governor
Fenner, thereupon, for the reasons above stated,
refused to give permission for the said Dorr to siga
or 10 see the petition aforesaid.
JOHN S. EDDY.
The Slate of Rhode Island and Providence Plan
tafions, Pr0uid'nce county, SIS.
In Providence, this twenty sixth day Of Novem-
ber, A. D. eighteen hundred and forty-four.-
Subscribed and sworn to, by John S. Eddy. Be-
rrENrDU MADu,fN