by John Marshall Harlan

“ Under the act of congress, it became the duty of the governor of Utah to cause the arrest of Reggel, and his delivery to the agent appointed to receive him, when it appeared (1) that the demand by the executive authority of Pennsylvania was accompanied by a copy of an indictment, or affidavit made before a magistrate, charging Reggel with having committed treason, felony, or other crime within that state, and certified as authentic by her governor; (2) that the person demanded was a fugitive from justice. ”

“ In recognition of this right, so reserved to the states, the words of the clause in reference to fugitives from justice were made sufficiently comprehensive to include every offense against the laws of the demanding state, without exception as to the nature of the crime. ”

“ Any agent who receives the fugitive into his custody shall be empowered to transport him to the state or territory from which he has fled. And every person who, by force, sets at liberty or rescues the fugitive from such agent while so transporting him, shall be fined not more than five hundred dollars, or imprisoned not more than one year.' 1 St. c. 7, §§ 1, 2.
It is not necessary to consider the question suggested by counsel as to the right of the governor of the territory to have withheld the papers upon which he based his warrant for the arrest of the accused ”