The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-01-10
SDnssle8ttc.
GEOR.

Shoh' MILLEDcEvILLE, December TO-
Tht. session of the Ed raj Circuit Cour,
commenced Mt this place on F day last and ter
minated on Monday During The term a mum.
Der ct persons we're indicted 70 Trespasses Z,
M dcmeanors. or :, The Creek land, over the
no d'ry line ). and, gener4ll rue bills were
lonnd-Soms we're traversed, and SOM of the
defendants did not appear
In the case Of the y ,itcd States vs. Rober,
F'uker an ]. Morgan t..r :, c murder of Stricl.-
lad true bill was found. On Monday th,.
p 9ners were arralgned. and Col. Berrien.
>. Jones, Esq. aud Col. Dooley, were assigned
q. the Court as Counsel Tor the prisoners The
lndictnen, having been resd, Gil Berrien mo-
yea = court 10 quash il. H. stated. that frorr,
III" face of tie indictment, the Court had no in.
riscl, ION to try the prisoners. The fac. char.
ged happened the house Of the deceased. or.
uie dera' ID, Beyond the temporary boun.
'dary Inc OF lis state, md was not stated to be
Wthin the exclusive jurisdiction of the United
S'Atcs-fhat this state had ne Jurisdiction, AID
tho1Th the Federal Cons. tuition had empnwer-
e. Congress 10 pass q law far tle punishment a
all offences commit tied by cur CT ize MS in the II,
dan Territory, yet they ID never exercised ,hs,
poweI;-"nd there was no provision by law to
Punl.h this crime.
Mr. Bullock, the Attor; ey General, conten.
ded, 'hat although he had not "a en- able to find
al" embracing this cas-, yet that TIM
ought to be allowed him, to look ;n,o the law
could ind them-But if the cont ,hoiild be DIS
pos q 10 support .hr motion, he should move %
ma me prisoners rec gnzed or committed,
fll there could be Legislative provision.
Jnd,e J 'hnsoR decided, that the Enlistment
must ae quashed-That however necessary II
might be to bring deiinquents to punishment. vet
L US lar more d. sirahie to preserve our L. US
an ate. He admit d, that the Constitution
authorised Con p OXIDE by Law for the pu-
instrument OF all crimes committed in those terri
eoi 'e' but that they nd h,ver exercised that
an, ty IN cases OF murocr by Legislative pro
Vlsi"n-Th t no law coudbe passed by Coneres s
wh'cSi Should embrace this case, as il wou,d
nave an e.: Post facfo operation He said. tn,
Congress had eg;slated on most of the minor F..
fences committed in those territories bv orr c-
hzcns but that the crime Of murder had sscso-
ed legislative interposition--That our citizens.
residing m the Indian territories, were in ne.
cu',. s'tuation- They were subject to three Ju-
flsdi. ions the States could exercise iurisd;c-
t'On over their own citizens removing respec-
lively 10 territories, over which the Indians had
never nslinqrRshed sovereignty, and which was
gu fanteed to them by the Federal Constitution
thty are >ublect to the usages, customs or laws
OF the lHdian tribes respectively, where they rc-
side, when the question is between an Indian and
q Hizen and they subject 10 the iurjsdic.
no. OF the U ). wherever provision is made
III dded, at ifthere were even remote ms.
sibinll, that the prisoners could be punished by
any tribunal, he would recognize them and pei
maps dctaIn them but none could be devised.
TIE PRISONERS, on motion II their counsel, were
dis ch"T8ed-Georgia Journal