Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-10-07


jag Collier former u 5 Collector, In California r''
with Of pnhlc money has been Released ~"
habeus corpus before The Court Of Common Pleas .! 'r
son county Ohio upon thu ground thu The United >'a
District Court ul The State OF California had no nIl'u'"
in the matter The oilrncs committed was c"n'nt'' "'''
California territory. mud The Latc gave the p'@"
Court oi Oregon Louisiana cugnzincr o! offences ''
mltted lheren. California Is now STATE That "a" = :.
,ralrd; aud hence l. maintained thai the G"v" nn'.i
ought have entered suit ia The District Court OF "
ol Ohio Collier under the general la" " Ioh
gress which provides that the offender shall be ed ""e'
appchended u brought As the question tnIefesht
one publish from the New York J"urna oil '"""''''
the points held by Golfers counsel:
| JAS COLLIER vs. THg u. S.--HasEAs C"ErU- M d:
Common Pleas Of Ferson CoTrsterday b.ins ht'a i"i
the hearing Of James Collier iiahras "'P
The defendant appeared In person ana by e"i''' -
Stanton moved To-! the discharge o the d'irhHhh' i
yern nleut represe by Daniel O. hi1i'"h rS9
led States District Attorney, aud hl Charles n",' -
L. States District Attorney Tor western reh''sy
asked leave 10 file motion I" qnash lhc WIN i",S ~
ohe, trd 10 by The defendants counsel VINO ch"ru "a
ever; question would properly arise on hc ln9' /" "s
charm uuon The Marshas return and that they "re ready
10 90 on with The case The counsel for Inc Go,nnh'n
stated that they would mol b. ready 10 proceed WIN t h
rumen, until this morning The C"u Ia"renron ADJOURN
I'd the until this muning. aa" oo4 me 1o'o" '"f
qua shing under udviaement, unIii the aIle'no"a
In the afternoon HE cont permitted The n"'o" I" qu"sh
TO be Gled
Tue following are the ponIo relied on u sustain 'he la
beas Corpus BY Col Golfers counsel
Lames Collier W. The United States On taheaS noi
prs- appears The return Of The tntd states hihi
sha that James Collier citizen OF OH" was arrested IN
that State and in custody upon "arnt 81 't U'fI''
udgc Of Ohio requiring him To he remt' int ''n "''tr
the District Court of the United Stats io me NORTHERN
District Of California, upon an ndctmnt pehdhe W ,ihI
cuur-a copy ol which il attached 10 III. warrant lhr
discharge ol the prisoner Is clntnri " 'e '""o"in"
among other grounds
~
State fixed by the CusliIuun G. lie 'nIsd Sat"s and
thai instrument equr- i.., hc place ~ s ~ al crimes
committed within territory or elsr"hrfr 'hah .o'"'r
shall bc ydG bY Congress previous toh' '"h'n''Si"a'
=. That the when The oiti'" 'haeri Va ie Ia
dicmenI is alleged 10 Rave oeen conn-d jurisdiction 81
all yulaons lhe fevrnus oil lie lned "alre con
n,e in California vested by 81 Of Congress IN the
District Court OF Louisiana and lie Saprtn" ''nf' o
Otcgon and their jurisdiction being tfprara' 's "7hce
only be tried under HE prnvls"n oi h' Hen'". '
Congress directing The procedure IN fi'Hht caT's'
3 That BY an Act Congress directing rfr procedure n
criminal cases crimes committed wnin lr'f'"iS o''"e
Courts are established therein must oe cd 10 III" Si!r =
District "whrre The offender is npprhcncd " ht" "hrA
he may be first brought The p'is aer bcia4 hrAshend~
in the DIsIrc, oi Ohio there he acc S"d 'f nus ifa'
J. Ihu, HE offence charged in r indictment aenih't
lanes Collier therein alleged 10 nave been COMMITTED
while California territory, bel 10 Ia stnr;alaw an
judicial system Of The United aa!es were extended over
and hence: inai GY tit Constitution nu aW n ' o''1
States another place having heen het by Congress Tor ~!
Irla anch offence, the District ;ontt "l c N"5ih'fa
District OF California has IurlsdcioE
s. That criminal Jurisdiction onteifel nP" The Dis
rict Courl California by Of Cngress passed Fehrn
nv e. 1858 nearly ihte years after hc commission "l M
alleged offence: and extend mat Jurisdiction over ih- oi
.ence woul only violate The Cnsuniion by changing
the place trial previously iEei hi woni give - he a
ui Congress the effect ii CT post t.c:o tlw
That the District Cont % Ca:r,nn having n" inr'-
,ic,ion oi the ornce imprisonment and r>Na!i'iun o.
Imcs Collie: l,on STATE fe iril before mai Con
IS uueya, IN view "t lis hnEdshJ. nnd hc Eu!nous
pensr incident tra nec, suCt unlawful tinrvaI i"a
dsIancc from his home, would hh equivalent 'o
cruel and unusual punishment
I Tha, State Courts and judges ss-e concurrent uI-
dc,iDn wh Ihe Courts and Judges of The United States ~
u Iega. cunfinenrn unlc collar "i ir antof!f
nf Luited States: aud the "" o H45do Corpus o.
sutcendum, they may discharge from such unCT!HI M
prisonmenl.
5 That whenever happ.a'- sha tho prisoner l. c"hm
led or held for ,i:G in CoIt nrl-ictnn 10 ~
brought BY hnbeas CORPUS whether nc b. ntGe
%. Stale Federal Count, IL 'i.CaTEe tir prisoner
Persons charged with tis.snh other against II"
United Salss, aud imprisoned Ter the process o Ftdil
Courts have bcen thus discharge oy the Supreme Cuur
The United States by the Chief Justice MARY land aGl
Pennsy vania by The Supreme at u Ncw oik aud u
Courts and Judges In other Stue,
g. That the tiateus Corpus Ac oi The STAT. ono
ciay provides where p,fsDn- ht uuI. coIf
Of authority the United State. and has vested me pur-r
and thereby imposed the duly upon rt" Judges u
Courts discharge persons Lhaw!iP Imprisoned upon
! such authority.