Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault]
Source Note
Trial Report, [, Sangamon Co., IL], 5–19 Jan. 1843, Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843). Published in John McLean, Reports of Cases Argued and Decided in the Circuit Court of the United States, for the Seventh Circuit, vol. 3, Cincinnati: Derby, Bradley and Co., 1847, pp. 121–139. Includes typeset signature marks.
tives from justice and labor, has been delegated to the , and Congress have regulated the manner and form in which it shall be exercised. The power is exclusive. The state Legislatures have no right to interfere, and if they do, their acts are void.—2d and 3d clause of 2d sec. 4th article Constitution —2d vol. laws , 331. 16 Peters 617–18, 623. 4th Wheaton’s Rep. 122, 193. 12 Wend. 312.
All courts of the are authorised to issue writs of when the prisoner is confined under or by color of authority of the —Act of Congress of Sept. 24th, 1789, sec, 14, 2d Condensed 33. 3d Cranch, 447. 3d Peters, 193.
2. The return to the habeas corpus is not certain and sufficient to warrant the arrest and transportation of Smith.
In all cases on habeas corpus previous to indictment, the court will look into the depositions before the magistrate, and though the commitment be full and in form, yet if the testimony prove no crime, the court will discharge . Tayler 5th, Cowen 50.
The affidavit of does not show that Smith was charged with any crime committed by him in , nor that he was a fugitive from justice.
If the commitment be for a matter for which by law the prisoner is not liable to be punished, the court must discharge him. 3 Bac. 434.
The Executive of this state has no jurisdiction over the person of Smith to transport him to , unless he has fled from that .
3. The prisoner has a right to prove facts not repugnant to the return, and even to go behind the return and contradict it, unless committed under a judgment of a court of competent jurisdiction. 3d Bacon, 435, 438. 3 Peters, 202. Gale’s Rev. Laws of Ills. 323. [p. 126]