of nations for our guidance. Every person who is charged with a crime in any state, and shall flee in another, shall be delivered up. It is not necessary to be shown that such person is guilty. It is not necessary, as under the comity of nations, to examine into the facts alleged against him constituting the crime. It is sufficient that he is charged with having committed a crime."[1]
But how charged? The law of Congress has answered this question. In order, says the Chief Justice of New York, to give the Governor of this state jurisdiction in such a case, three things are requisite. 1. The fugitive must be demanded by the executive of the state from which he fled. 2. A copy of an indictment found, or an affidavit made before a magistrate, charging the fugitive with having committed the crime. 3. Such copy of the indictment or affidavit must be certified as authentic by the executive. If these pre-requisites have been complied with, then the warrant of the Governor properly issues and the prisoner is legally restrained of his liberty.[2]
In Clark's case, a habeas corpus was awarded, directed to the persons having him in custody, commanding them to bring him before the Chief Justice and to exhibit the cause of his detention. The return upon the writ of habeas corpus, showed that he was detained in custody by virtue of a warrant issued by the Governor of the state of New York, in the following words:
"Enos T. Throop, Governor of the state of New York, to the sheriff of the city and county of New York, and the sheriffs, constables, and other peace officers of the several counties in the said state: Whereas, it has been represented to me by the Governor of the state of Rhode Island, that John L. Clark, late of Providence, in the said state, has been guilty of frauds in abstracting from the Burrilville bank, in that state, money, notes, and bank bills, while president of said bank, in a fraudulent manner, which said acts are made criminal by the laws of that state; and that he has fled from justice in that state, and has taken refuge in the state of New York; and said Governor of Rhode Island has, in pursuance of the constitution and laws of the United States, demanded of me that I should cause the said John L. Clark to be arrested, and delivered into the custody of Henry G. Munford, sheriff of the county of Providence, who is duly authorized to receive him into his custody, and convey him back to the said state of Rhode Island: And, whereas, the said representation and demand is accompanied by an affidavit, taken before a justice of the peace of the said state of Rhode Island, whereby the said John L. Clark is charged with the said crime; which affidavit is certified by the said Governor of Rhode Island to he duly authenticated: You are therefore required to arrest the said John L. Clark, wherever he may be found within the state, and to deliver him into the custody of the said Henry G. Munford, to be taken back to the state from whence he fled, pursuant to the said representation. Given under my hand and the privy seal of the state, at the city of Albany, this fifth day of May, in the year of our Lord one thousand eight hundred and thirty-two."
The opinion of the court as to the validity of the cause of detention appearing by this return, was delivered by chief justice Savage as follows: "It is," said he, "there expressly recited—1. that the Governor of Rhode Island has demanded that John L. Clark be arrested and delivered up as a fugitive from justice; 2. that a copy of an affidavit was presented charging Clark with certain acts, which the governor of Rhode Island certifies are made criminal by the laws of that state; 3. that the affidavit is certified by the Governor of Rhode Island to be duly authenticated.—Here then is a literal compliance with the constitution and laws of the United States; and the Governor of New York had full power and authority to issue his warrant to direct Clark to be arrested, and delivered over to the agent of the state of Rhode Island."
Clark made an affidavit to the following effect: "that according to the information and belief of this deponent, and as he is advised by counsel and believes to be true, this deponent has not committed any act or thing recited in said warrant; and that he is not guilty of any act or thing which is a crime or made criminal under and by the laws of the state of Rhode Island, and which is made the pretence for said warrant and the arrest of this deponent; and this deponent wholly denies the guilt as recited in said warrant. This deponent expressly denies that he has fraudulently abstracted from the Burrilville bank of Rhode Island money, notes and bank bills while president of said bank, or at any time, or in any manner which is made criminal by the laws of that state. On the contrary thereof, this deponent says that he has not at any time abstracted or taken from said bank money, notes and bank bills, other than what has been paid to him by the cashier or other officer of that bank, and upon vouchers or discounted paper entered in course of business upon the books of the bank, and sanctioned by the direction or some part thereof, or committees, or persons duly authorised in the premises."
Chief Justice Savage delivered the opinion of the court as to the effect of this affidavit, as follows: "The prisoner has made an affidavit denying all criminality or fraud in relation to the Burrilville bank which are charged against him in the affidavit presented to the Governor of this state. But whether he is guilty or not is not the question to be decided here. It is whether he has been properly charged with guilt, according to the constitution and the act of Congress. The prisoner does not deny any fact set forth in the warrant upon which he has been arrested. It is not denied that
