Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-07-13
DECISION.
: Ha6eds Corpus.

wm Robbins vs. an, o,.,. Ha0eas Corpus.
The return is objected 10 by counsel for Prisoners
the following grounds:
lst 1t shows offence committed against the act of
Congress TO regulate trade and intercourse with the In
dans.
ID. The Officer shows no authority for his arrest he
does not show Capt Braly's orders from the govern
nen nor his own orders from Capt. Brady, and that
his bare unsupported statement of these facts are moi
suncient evide nee of his authority
o. mat II there was an offence committed by these
individuals, the arrest was Illegal, for it was not done
upon the view OF the military force but derived entire
~ from the hercsly testimony of individual unsup
porter ny oa,n ana one not connected i'll any way with
the force sent TO remove the in'ruders.
4ih. That Congress have no right to pass law max
ing any act an offence whc: does not Immediately relate
TO the regulation of nerce anon the Indian tribes
ana tha the digging OF )d in the nation dctunlIJ COM
"ffc much less, the declaration Of an intention to do
so without carrying that intention into effect is no act
which comes within the right OF Congress to punish un
der said power 10 regulate commerce..
Ana otn That the Territory is Georgia's always was
and over 1t she has exclusive jurisdiction and HAVING
from the LIST day Of this month organized said territory
by extending her laws over the same, the authority Of
the u States il it had any in this pariic
lar case, and The state possesses Jurisdiction of all
offences committed on said territory and if any has been
committed by said Individuals, they alone amenablc
TO the state laws.
Without being reduced TO the necessity at all times
painful, OF disputng with the General Government the
extent of its powers, in relation to Jurisdiction within
the territorial limits of Georgia. the court thinks that this
point can be settled by proper consideration the LIST
SneW
crime TO have been committed against the act Of
Congress to regulate trade and Intercourse with the In
clan tribes The law that subject as well as every
other penal law requires the declared 10 be illegal
TO have been actually perpeGted The declaration of
an intention to commit crime does not amount to the
crime seli; there must be ''unon Joint operation of
act and intention" The mere declaration TO Bean that
they would dig gold, and this constitutes the intru-
sion any, does not amount to that offence and if il did
the Information nsworn TO by Bean is not sufficient owl
dence Of The lact TO authorize arrest Ii would be
dangerous TO the liberties of the citizens in the very
highest degree, to suffer such information TO be the
foundation of arrest for the commission Of supposed
crlm9. It's boosted principle OF our laws that the
military shall be subject to the civil authority: but what
can he more opposite TO such valuable privilege than to
suiier the military TO arrest the citizen upon much less
evidence than the civil officer and which ifdon, bv him
would be considered false imprisonment magistrate
dare not arrest upon such information much less would
he arrest an individual for trial who had merely said il
was his intention TO commit crime, without having
pcrpetratedh Upon this ground, therefore the prison
crs must be discharged, and avn glad that am relicv.
ed from the decision Of tho other points berau.e IL is
extremely desirable that there should exist tbe utmost
! harmony between the state and general government
ana no act should be done which will endanncr that oh
IJec and must take this occasion say, and wish the
remark hereafter to be recoeced, that the going int
the nation for the purpose of doing any act which will
inurc the property of the state or disturb te
sive possession of the Indians is calculated TO produr,
That truly unpleasant result, and against the sate
interest ~ highly Illegal and contrary TO the proclaoa
ion OF the Governor in this regard which must he re-
spscied hope the citizens Of the state will be warn
ed by the circumstances OF this TO orbear in future
from trcspassng upon that territory and nv no means
consider that the discharge Of these individuals will h,
license 10 future nrusiOns upon the public proner,,
OF Georgia IL will be very dousvc idea and one
which may involve them in great and serious nsforinnes
= A. .. CLAYTON.