by John Marshall Harlan

“ It is, we think, equally clear, that the executive of the state in which the fugitive is at the time may decline to honor the requisition of the governor of the demanding state if the latter fails to furnish a copy of an indictment against the accused, or of any affidavit before a magistrate. But, has the executive of the state upon whom the demand is made for the arrest and extradition of the fugitive, the power to issue his warrant of arrest for a crime committed in another state, unless he is furnished with a copy of the required indictment or affidavit? ”

“ In a general sense a magistrate is a public civil officer, possessing such power legislative, executive, or judicial-as the government appointing him may ordain. In a narrow sense, a magistrate is regarded perhaps, commonly regarded-as an inferior judicial officer, such as a justice of the peace. ”

“ It is therefore material under this interpretation to inquire whether the affidavit made the basis in this case of the requisition by the governor of Georgia, and which is certified to be authentic, was such an affidavit as the Revised Statutes of the United States required (in the absence of an indictment) to be produced to the governor of Alabama as the basis of any warrant of arrest that he might issue. ”