Henry Billings Brown

“ The distinction between cases of kidnapping by the violence of unauthorized persons without the semblance of legal action, and those wherein the extradition is conducted under the forms of law, but the governor of the surrendering state has mistaken his duty, and delivered up one who was not in fact a fugitive from justice, is one which we do not deem it necessary to consider at this time. ”

“ While the power to issue writs of habeas corpus to state courts which are proceeding in disregard of rights secured by the constitution and laws of the United States may exist, the practice of exercising such power before the question has been raised or determined in the state court is one which ought not to be encouraged. ”

“ We have no doubt that the governor upon whom the demand is made must determine for himself, in the first instance, at least, whether the party charged is in fact a fugitive from justice, (Ex parte Reggel, 114 U.S. 642, 5 Sup. Ct. Rep. 1148; Roberts v. Reilly, 116 U.S. 80, 6 Sup. Ct. Rep. 291;) but whether his decision thereon be final is a question proper to be determined by the courts of that state. A proceeding of that kind was undertaken in this case when Cook applied to the state circuit court of Chicago to obtain a writ of habeas corpus to test the legality of his arrest. ”