“ In the absence of the constitutional provision, the State of Missouri would stand on this subject in the same relation to the State of Illinois, that Spain does to England. In this particular the States are independant of each other. A criminal, fugitive from the one State to the other, could not be claimed as of right to be given up. It is most true as mentioned by writers on the laws of nations that every state is responsible to its neighbors for the conduct of its citizens so far as their conduct violates the principles of good neighborhood. So it is among private individuals. ”

“ The warrant of the King and his Secretary of State could claim no more exemption from that searching inquiry, 'The cause of his caption and detention,' than a warrant granted by a justice of the peace. It is contended that the United States, is a government of granted powers, and that no Department of it can exercise powers not granted. This is true. But the grant is to be found in the 2d section of the 3d article of the Constitution of the United States. ”

“ Again, the affidavit is fatally defective in this, that Boggs swears to this belief.
The language in the Constitution is 'charged with felony, or other crime.' Is the Constitution satisfied with a charge upon suspicion? It is to be regretted that no American adjudged case has been cited to guide the Court in expounding this article. Language is ever interpreted by the subject matter. If the object were to arrest a man near home, and there were fears of escape if the movement to detain him from examination were known the word charged might warrant the issuing of a capias on suspicion. ”

“ The Court can alone regard the facts set forth in the affidavit of Boggs, as having any legal existance. The mis-recitals and over statements in the requisition and warrant, are not supported by oath, and cannot be received as evidence to deprive a citizen of his liberty, and transport him to a foreign State for trial. For these reasons Smith must be discharged. ”

“ His reply was that Judge Hall had issued a writ of habeas corpus for him, on which Colonel Arbuckle wrote to me asking advice. I directed him to keep the prisoner as long as he could wield a bayonet, unless he was liberated by my order. Having made inquiry into the matter and found that Hall had so issued the writ, I forthwith gave orders for the arrest of Dominick A. Hall, and sent Captain Butler, of South Carolina, and Dr. William Butler, with a file of men for that purpose. ”

“ In consideration of all which, he is entitled to the ægis of that community to defend him from wrongs. He takes upon himself no allegiance to any other community, so owes it no obedience, and therefore cannot disobey it. ”