Motion, circa 3 January 1843 [Extradition of JS for Accessory to Assault]
Source Note
, Motion, [, Sangamon Co., IL], [ca. 3 Jan. 1843], Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843). Copied [6 Jan 1843] in Transcript of Proceedings, [23]; handwriting of ; JS Collection, CHL.
Attorney General of moves the Court to dismiss the procedings herein for the reason that this Court has no Jurisdiction.
1st. The arrest & detention of Said Smith was not under or by Color of authority of the or any of the offices of the but under and by color of authority of the state of and by the officers of
2d when a fugitive from Justice is arrested by authority of the Governor of any State upon the requisition of any other Governor of another State the courts of Justice neither State or Federal have any authority or Jurisdiction to enquire into any facts behind the Writ.