The Woodstock age. [volume] (Woodstock, Vt.) 1844-1845, 1845-01-09
CASE OF THOMAS w. DORR.

In the Supreme Court of the United
States, on Friday 81 uIt the following opin-
ion was delivered by Mr. Justice Mclean,
everything the motion Of f. G. Tread
well, Esq. in this case:
Thomas w. Dorr was convicted before
the Supreme Court Of Rhode Island, at
the March term 1914, of treason against
the State of Rhode Island, and sentenced
to the State Prison for life. And it APP
pears from the aflidavits of Francis G.
TreadwelI, Councillor at law Of this
court, and others, that personal access to
Dorr in his confinement, to ascertain
whether he desires a writ of error to re-
move the record of his conviction to this
Court has been refused. On this ground
the above application has been made
Have the court power to issue a writ Of
Habeas Corpus in this case? This is
preliminary question, and must be first
considered. The original jurisdiction Of
this court is limited by the constitution to
cases affecting ambassadors, other public
ministers, and consuls, and where a
State is a party. It's appelative jurisdic'
ton is regulated by acts Of Congress-
Under the common law it can exercise no
jurisdiction. And this case cannot be
brought under the head Of original juris-
dic.ion, if sustainable, it must be under
the appellate power The 18th section
of the Judiciary act of 1889, provides that
the Courts of the United States shall have
power to issue writs of scirc faciaS, h0bcas
corpus and all other wrts not specially
provided for by statutes, which may be
necessary "lor the exercise of their re-
spectivc juridctions, and agreeable to the
principles and usage of law. And that
either of the Justices Of the Supreme
Court as well as Judges Of the District
Courts, shall have power to grant writs
of habeas corpus. for the purpose of an
inquiry into the cause of commitment
Proridcd, that the wrts of habeas corpns
shall in no case extend to prisoners in
Jail, unless where they are in custody
under, or by color of the authority ofthe
United States, or arc committed for trial
before some court of the same, or are
necessary to be brought before the Court
to testify. I'm the trial of Dorr it was insist
cd tina, the law of the State under which
he was prosecuted, was repugnant to the
Constitution Of the United State. And
on this ground writ of error Is desired
under the 9th section Of the Judiciary
act above named; that, as the prayer
for this writ can only be made by Dorr,
or by some one under his authority, and as
access to him in prison is denied, it is in
sisted tina, the writ to bring him before
the Court is the only means by which
the Court can exercise jurisdiction in
his case by writ of error. Even ifthis
were admitted, yet the question rccurs
whether this Court has power to lnssue
the writ to bring him before it. That it
has no such power under the common
law is clear. And it is equally clear that
the power nowhere exists, unless it be
found in the 18th section above cited
The power given to the Courts in this
section to issue writs Of Scirc ,faciaS, ha-
beas corpus Sc, as regards the writ off
HuOcuS corpus, TCStIlCtSu " NV Pio'ioo
to cases where prisoner is Gin custody
under or by order of the authority of the
United States, or has been committed for
trial before some Court ofthe same, or is
necessary to be brought into Court to tes-
tify." This is so clear from the language
of the section, that any illustration oft
would seem to be unnecessary. The
words of the provso are unamblguous.-
They admit of but on construction, and
that they qualify and restrict the preced-
ing provisions of the section is indlsputa-
BILE. Neither this nor any other court OF
the United States, or judge thereof, can
issue haJcas corpus to bring up a prIs-
oner who is in custody under a sentance
or execution ola State Court for any
other purpose than to be used as wit
ness. And it is immaterial whether the
imprisonment be under civil or criminal
process. As the law now stands, an M
diridual who may be indicated in a CIR
cut Court, for treason against the United
States, is beyond the poccr Of Federal