The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1845-01-10


where the robbers leaving 10 trace behind them.
Two years after, it was stated in the Algcmeine
Zeitung, that their famous bandit chief, Geta1o,
who had been for some time in possession OF the
monastery of Saint Nicolas-le-Vieux, upon mount
Etna, which he had turned into place ofren-
devious for his baud-had been taken. after ter
ribe combat, sustained against an English regiment
and hung, much 10 the satisfaction of the inhabit-
ants of Catanil-frum whom he, al last, so far had
his audlcity carried him, exacted tribute.
THE CASE OF GOVERNOR DORR. 40
TION FOR A WRIT OF HABEAS CORPUS
FROM THE SUPREME COURT OF THE
UNITED STATES.
WAsHINGToN, SIS,
SUPREME COURT, DECEMBER TERM,
Tenth day, December II, 1914
In the case Of the State of Rhode Island and
Providence plantation,
US:
Thomas Wilson Dorr now confined in the States
prison at Providence, Rhode Island, aforesaid.
| Francis C. Treadwe of counsel in behalf of
said Dorr, moves the court that writ of habeas
corpus issue forthwith to bring out the said Dorr 10
Washington aforesaid, and give him an opportuni-
ty to sign petition for 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 ne 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, briefly stated, are:
! First. That said 1'homls W. Dor was indicted
for treason against the State OF Rhode Island afore-
said at Newport at the term OF the supreme court
Of Rhode Island, holden ON the fourth Monday OF
August, 1912, and tredin pursuance Of said indict-
meEt, and verdict ofguilty having been rendered
by the jury in the case, was, on the 25th dayof
June, 1914, sentenced 10 "be imprisoned iii the
State prison at Providence, in the county of Prov
dence, for the term of his natural life, and there
kept at hard labor in separate confinement"
Second That suspension of the sentence for
one day was allowed by the supreme court OF Rhode
Island, for the purpose OF preparing bill of excep
tions "wth view to suing out writ of error TO
the Supreme Court of the United States" aud
bill of exceptions was then prepared. and makes
part Of the record, at page 81.
Third. That the court refused to suspend the
execution 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 defendant would disable
him from prosecuting his defence. See Durke's
report, page 4047
Fourth. That the inspectors Of the State'slprison
' ma, ,oi,, Lat. nor
see petition for writ of error as aforesaid.
Fifth. That the governor of the State of Rhode
Island refuses, and, as he alleges, want of power.
to let said Dorr sign see such petition.
ShM. That sund7y citizens of Providence afore-
said have signed petition to this honorable court
for writ of error, for writ Of habeas corpus,
which petition is now presented with this motion.
The documents, papers, and evidence herewith
submitted, and prayed to be considered as part of
this motion. consist
FIRST OF the petition ofsundry citizens of Rhode
Island, named in the sixth specification of facts
aforesaid, marked, One
Second Ofthe affidavit of Samuel Fessenden,
esq, marked Two, with the letter of Thomas M.
Burgess, esq, mayor of Providence, marked Three
annexed, The affidavit of John S. Eddy, esq,
marked Four, and the affidavit of Francis C. Tread
well, marked Five, with the copy of an application
OF said Treadwe to the mayor Of Providence, an
neyed and marked A.
Third. The record OF the trial, indictment, and
judgment aforesaid certified by William GiIpin,
clerk Of said court.
Fourth. The petition presented by Gen. Fes-
senden to Thomas M. Burgess, mayor of Provi-
dence, and returned by him with his letter. mark
ed Six.
Fifth. The report of the select committee of the
House of Representatives upon the affairs of Rhode
Island, by Edmund Burke, esq, chairman.
} The points relied upon for a reversal of the SEN
tence are three, all OF which the supreme court Of
the State of Rhode Island overruled.
) First. That the act Of the State of Rhode Island
for Furnishing treason is repugnant to the consti-
tuition and laws the United States; and that the
crime of treason cannot be committed against
separate State, but against the United States-See
Record, p 80, Bwke's Report, p. 1921.
Second. That said Dorr was governor of the
State duly elected, under the peoples constitution;
a republican constitution or form ofGovernment-
and that he offered to prove these fact.-Recoyd.
p. so, 81, II.
Third That the whole record shows that III slid
Dorr levied war at all, it against the United
States and cannot be inquired ofby any State court
The authorities relied upon as giving jurisdic-
ton of the to this court, are
FIRST The third article of the constitution of
the United States, which vests the power In this
court.
Second The twenty-fifth section of the Judicial
ry act of 1889, which prescribes the mode of its
exercise by writ of error. 7hs
The writ Of habeas corpus in this case is, ar-
prehend, writ ofright the privilege which, un-
der the constitution Of the United States, cannot