John McLean

“ As the law now stands, an individual, who may be indicted in a Circuit Court for treason against the United States, is beyond the power of federal courts and judges, if he be in custody under the authority of a state.
Dorr is in confinement under the sentence of the Supreme Court of Rhode Island, consequently this court has no power to issue a habeas corpus to bring him before it. His presence here is not required as a witness, but to signify to the court whether he desires a writ of error to bring before this tribunal the record of his conviction. ”

“ As this case cannot be brought under the head of original jurisdiction; if sustainable, it must be under the appellate power.
The 14th section of the Judiciary Act of 1789 provides, 'that the courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law. ”