Journal, December 1842–June 1844; Book 1, 21 December 1842–10 March 1843

  • Source Note
  • Historical Introduction
Page 77
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Editorial Note
’s disjointed phrases in the following entry reflect his efforts to capture Judge ’s decision as it was given.
In his decision, agreed with that extradition was a constitutional matter and that the federal circuit court was an appropriate venue for the hearing. To the objection of attorney general that the court was not empowered to go behind the writ to look at the merits of the case, Pope stated that “the court deems it unnecessary to decide that point, inasmuch as it thinks Smith entitled to his discharge for defect in the [] affidavit. To authorise the arrest in this case the affidavit should have stated distinctly, 1st. That Smith committed a crime. 2d. That he committed it in Missouri.
“It must appear that he fled from Missouri to authorise the Governor of Missouri [] to demand him. . . . The Governor of Missouri, in his demand, calls Smith a fugitive from justice . . . [and] expressly refers to the affidavit as his authority for that statement. , in his affidavit, does not call Smith a fugitive from justice, nor does he state a fact from which the Governor had a right to infer it. Neither does the name of appear in the affidavit, nor does Boggs say Smith fled. Yet the governor says he has fled to the state of . But Boggs only says he is a citizen or resident of the state of Illinois.
“For these reasons,” concluded, “Smith must be discharged.”

5 January 1843 • Thursday
January 5, 1843 8½ repaired to s room. 9. enterd Cort Room— the room was crowded— before the[y] Entered, with spectators. Mostly of a very respctable class in society. anxious to hear the decision— although the public exp[r]ession was decididly in favor of an acquittal
9 & 10 mituts [minutes] the Judge. . enterd preceded by 2 ladises [ladies].— court opend—
Docket called— 4 more Ladises enterd and took seat beside th[e] while the docket was reading (four councillors sworn &c) <in> matter of J Smith <the cou[r]t> has taken occasion to examine
thanks to gentlemn of th[e] bar [p. 77]

Editorial Note
’s disjointed phrases in the following entry reflect his efforts to capture Judge ’s decision as it was given.
In his decision, agreed with that extradition was a constitutional matter and that the federal circuit court was an appropriate venue for the hearing. To the objection of attorney general that the court was not empowered to go behind the writ to look at the merits of the case, Pope stated that “the court deems it unnecessary to decide that point, inasmuch as it thinks Smith entitled to his discharge for defect in the affidavit. To authorise the arrest in this case the affidavit should have stated distinctly, 1st. That Smith committed a crime. 2d. That he committed it in Missouri.
“It must appear that he fled from Missouri to authorise the Governor of Missouri [] to demand him. . . . The Governor of Missouri, in his demand, calls Smith a fugitive from justice . . . and expressly refers to the affidavit as his authority for that statement. , in his affidavit, does not call Smith a fugitive from justice, nor does he state a fact from which the Governor had a right to infer it. Neither does the name of appear in the affidavit, nor does Boggs say Smith fled. Yet the governor says he has fled to the state of . But Boggs only says he is a citizen or resident of the state of Illinois.
“For these reasons,” concluded, “Smith must be discharged.”

5 January 1843 • Thursday
January 5, 1843 8½ repaired to s room. 9. enterd Cort Room— the room was crowded— before they Entered, with spectators. Mostly of a very respctable class in society. anxious to hear the decision— although the public expression was decididly in favor of an acquittal
9 & 10 mituts [minutes] the Judge. . enterd preceded by 2 ladises ladies.— court opend—
Docket called— 4 more Ladises enterd and took seat beside the while the docket was reading (four councillors sworn &c) in matter of J Smith the court has taken occasion to examine
thanks to gentlemn of the bar [p. 77]
Page 77