Joseph Smith is before the court, on , directed to the of , state of Illinois. The return shows that he is in custody under a warrant from the executive of , professedly issued in pursuance of the Constitution and laws of the , and of the state of , ordering said Smith to be delivered to the of the executive of , who had demanded him as a fugitive from justice, under the 2d section, 4th article of the constitution of the , and the act of Congress passed to carry into effect that article. The article is in these words, viz: “A person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall on demand of the executive authority of the state, from which he fled, be delivered up to be removed to the state having jurisdiction of the crime.” The act of Congress made to carry into effect this article, directs that the demand be made on the executive of the state where the offender is found, and prescribes the proof to support the demand, viz: indictment or affidavit.

The court deemed it respectful to inform the and of the state of , of the action upon the habeas corpus. On the day appointed for the hearing, the of the state of appeared, and denied the jurisdiction of the court to grant the habeas corpus.

1st. Because the warrant was not issued under color or by authority of the , but by the state of .

2d. Because no habeas corpus can issue in this case from either the federal or state courts, to inquire into facts [p. 128]