Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1845-01-09

case oi Ihos. w. DOfr, whlch was de-
Ii7ered by MIR. Justice Mclean on FIJI
day of last week.
Thomas w. Dorr was convicted be-
fore the Supreme Court oiRhode Island,
at the March term, l844, OF treason n
gainst the State of Rhode Island, aud
sentenced to the State Prison for life
And il appears from the alfdavits Of
Francis G.. Trcadwell, a counsellor al
law of this court, and others, that person
al access to lorr in his confinement, toI
ascertain whether he desires n writ Of
errcr to remove the record OF his conv!c-
ton TO this Court has been relused.-On
this grourd the above application has
been made. Have the Court power to
issue a writ OF Habeas Corpus n this
case This is a preliminary question,
and must be first considered. The orlgi-
nal jurisdiction Of this court 10 limited by
the constitution 10 cases affecting ambas-
sadors, other public ministers, and con
suls, and where a State is a party. Its
appellative jurisdiction ig regulated hy
acts Of Congress. Under the common
law it can exercise no jurisdiction. As
this case cannot be brought under the
head of original jurisdiction, if sustaina-
BILE, it must be under the appellative pow
er The 14th section Of the Judiciary
act of 1899, provides that the Court of
the United States shall have power to
issue writs of sc;re taciaS, habeas corpus,
ard all other writs not especially pro7i-
ded for by statutes, which may be nee
essary '"for the exercise Of their raspec-
tive jurisdictions, and agreeable TO the
principles and uses Of law. And that
either of the Justices Of the Supreme
Court, as well as Judges Of the District
Courts, shall have power to gran, wrlts
ofhabeas corpus, for the purpose OF an
inquiry into the cause OF commitment
Prorided, that the writs of haJeas corpus
shall in no case extend to prisoners I'M
Jail, unless where they are in custody,
under, or by color of the United States,
or are committed for trial before some
court Of the same, or are necessary to be
brought before the Court to testify
In the trial Of Dorr il was insisted that
the law Of the State under which he was
prosecuted wa1 repugnant to the Consti-
tuition of the United States. And on this
ground writ uf error is desired under
the 25th section of the Judiciary act "a
bove named that, as the prayer for this
writ can cnly be made by Dorr, or by
some one under his authority, and as ac-
cess to him in prison is denied, it is in
sisted that 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 il this
were admitted, yet the question recurs
whe ther this Court has power to issue
the wit to bring him before lt-That il
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 10 the Courts IN this
section TO issue wrts OF Scue jaclas, hd6e-
as corpus, Sc, as regards the writ Of ha-
beds corpus, is restr.ctod by The proviso
to cases where prisoner is Sin custody,
under or by order of the authority Of the
United States, CT has been committed
! for tria! before some Court Of the same,
or is necessary to lie brought into Cour.
! 10 testify" This is 80 clear from the
language Of the section, that any Illus
tra.ion of il would seem TO be unnecessa-
Try. The words Of the proyiso are un-
ambiguous. They admit of but one con
struc,ion, and that they qualify and re-
strict the preceding provisions of the
section is .ndisputable.
Neither this nor Gny other Court OF
the United States, or Judge thereof can
issue habeGs corpus to bring up prls-
oner who is in custody under sentence
or execution of a State Court for any
other purpose than to be used as a wit
ness. And it is immaterial whether the
|. Imprisonment be under civil or criminal
! rrocess. is The lac now stands, an IN
| diriduai rho may &c addicted ma Circuit
Court, for treason against The taded
States, is bcyond he power q Fcderot
Courts aad Judges, i he be IN custody
under The authority ETA State. Dorr is
in confinement under tic sentence o.
the Supreme Court of II. |. conse-
| ouenily this Court has no power to issue
| a habeas corpus 10 bring him before it.
|, His presence here is not required as n
! witness, but TO signify to the Court
! whether he desires a writ of error 10
bring before this tribunal the record OF
| his conviction. The counsel in this ap-
plication praya for writ of error, but,
as il appears from his own admission,
| that he does not act under the authority
Of Dorr, but at the request oEhls friends,
| the prayer cannot be granted. In thus
/ view It is unnecessary to decide whether
! the counsel has stated case which
/ with the authority of his client, entities
! him to n writ of error.
The molten !or hdte0s corpus Is
overrulcd.
\ MASSACHUSETTS The vacancies IN
the Senate of Massachusetts were filled
on Thursday afternoon by the election
of the following Senators:
| District of .Niddtser Stevens Hay
ward, Isaac Livcrmorc, Henry W NlIson,
Royal Southwick Charles Choa,c, james
p. Whitney. w
Dis''ic, Of Hampden.-Jehel Abbott,
Charles Scnrns.
II District of Rcrkshirc. .-Asahel Foot