Decision, 5 January 1843, as Reported by Willard Richards [Extradition of JS for Accessory to Assault]

  • Source Note
  • Historical Introduction

Document Transcript

<​the cou[r]t​> has taken occasion to examine
thanks to gentlemn of th[e] bar [p. 77]
move it is more. [blank] any other case
the fnd [founders?] of th[e] Constituti[o]n of the [blank] states of this
bloodshed— causd by collisi[o]n
nati[o]nal & p◊◊◊tiald [impartial?] Govmt take cha[r]ge
Congress— power to regulate commerc[e] & fugitive [p. 78]
Reat fo this provisi[o]n of constutin [Constitution] of th[e] U. S.—
crime was comm[i]tted in mo if th[e] P. had escaped— f[r]om to
duty of congress—
Laws of its own creation—
not of Partake of th[e] Passions— &
power shoud be [p. 79]
J.—S. appled [appealed?] to the— court.
sangamo[n] Co—
. professes to
Laws of th[e] &
court deemed it.— Repctful [Respectful] that the — be informd
Ex[e]cutive & were infod [informed] Atto[rne]y Gen appeard. [p. 80]
& objected. when th[e] p◊◊◊◊◊ [prisoner?]— was— under [illegible] [oath?]—
under Author[i]ty of S[tate]. Ill.
congress— of — had no power to confer the Authority in th[e]
2d Sec 4 art read.
will be perceivd this clause cannot executee itseeff [itself]
what testimony. shall— [p. 81]
[pages 82–83 blank] [p. 82] [p. 83]
the power of congress to pass &c
shortly after. [blank] ex[e]cutive to
testim[o]ny copy of indictmnt or affidavit
Clause of aff[i]davit c◊◊p◊◊◊ [complies?]
claimed by ex[e]cutive of the state Indictmnt of Affi[davit]—
where Congress has power to Legislate [p. 84]
on <​in​> the of the state of .
in order to maintain the Postin [Position] of th[e] — that congress of
the Law had any effect. power only to carry into effect the Law—
no power to carry th[e] Constituti[o]n
duty of th[e] govener to obey.
authority confirmd by Con[gress]
& laws of U. [S.] [p. 85]
therefor this Cou[r]t has Juris[di]ction— &—
power to issuee .
been contended by U. S. Atto[rne]y Gen. has st Atny
Cou[r]t has no auth[orit]y to— try writs by Gov—
encrochmt [encroachment] from the [illegible]
It was not for petty crime—
but these high [p. 86]
offences. chas. 2d Magna Chata [Carta]
howe free it may be its without . act offered means to evry man of enj[oy]ing that libe[r]ty
no mattr how mean the prisoner. [blank] how high the keeper—
fr[o]m Garret to Dungeon
duty of evry court into full
deny it does not entrd to G◊◊◊. [Govr.?] is ridiculus [p. 87]
ben contended court cannot go behind the warr[a]nt unnecessary to Go behi[n]d into that poi[n]t
& if ever the impotace [importance] of a scrutiny into th[e] acts of the executive
Constituti[o]n. flee m[a]y
be by Indictm[en]t or affidavit
a crime in th[e] state [o]f .—
court will turn
swears [p. 88]
on 6 m[a]y 1842
was shot & his life was dispard.
good reason to beli[e]ve
does not say that he was a fugitive fr[o]m Justice
does not say who he was accessory to
this is evide[n]ce
wh[a]t does th[e] say
knew. no arresti[n]g without pr[i]nciple
accused. accessory to Mr
not a w[o]rd of his flig [fleeing] f[ro]m Jus[t]ice. [p. 89]
. actd on affidavit.
was shot by .
smith accessory
how cautious Judges shud be [blank] & how loosely Executives officers do act
was shot.
Smith accesory
Citizen of
warrant [blank] issue for Joseph— S.
2 parts
Can a citizen of Ill be transp[o]rted to . to be [p. 90]
tried for a off[e]nce committed
cannot violate a law he has not promisd to obey
Man naturally is a sovereign but when he enter into a state of soci[e]ty
up[o]n princ[i]ple of consent that soci[e]ty shall protect
has that society a right to give him up
by tribunals he has
never created
place him befor tribunals [p. 91]
[2 unnumbered pages blank]
from witnesses
would violate every contract.
this is th[e] princ[i]ple
no man here but may be admitt
deliver up Jos Smith. any indiv[i]dual
true every writer— every state should be
responsible shall review no ann[o]yance for the[i]r neighbor . [blank] — [p. 92]
right of Territ[o]rial bou[n]dary
home his castle when depatd [departed?] f[r]om var [various?] crimes may complain of if ther has been aggressi[o]n
bou[n]d to see that no annoyan[c]e is suffered by any state. [blank] milatay [military] <​Expediti[o]n​> agai[ns]t may bring nations amenab[l]e
if J. Smith aided & abetted might be the duty to provide for acts of th[e] kind that has nothi[n]g to [p. 93]
J. S. cannot be trieed in . offence must be committed where— what would necssarly [necessarily] be the acti[o]n Congress. & laws? the evidence should be so specifice as to leave no doubt— a crime was committd.
where the crime was committd— to the state where th[e] crime
the Gov of th[e] state wher crime was committd . is the p[r]oper [p. 94]
if ever there was a case where th[e] Judge ought to scrutinize this is th[e] case—
Court ◊◊◊◊◊◊t [correct?] so any auth[o]rity why he should be gov
Affidavit defntion [definition] J S. is accessory befor th[e] fact.
who constitutd competnt to advise this cou[r]t
quetin [question] of Law— facts cort has to do with
must affirm crime was [p. 95]
committed. Believes & has good reason to believe now in his possession
who ever heard of a mans being arrested.
reasons may have ben futile—
court might not think them very good
another Qu[e]stion now— familiar princ[i]ples own opinion. charged with treason felony or othr crime shall be delivrd suspects J S. as accessory [p. 96]
cou[r]t must put a constrctin [construction]
where there is fear of escapee.
issue a warrant to detain for examination cou[r]t dont concur process on mere suspicion motive fear that he will escape is done away— parties have time to collect testim[o]ny submit it to Grand Jury impeach congress—— only an impechmt [impeachment] charged us[e]d in this Constrctin [Construction]. positive not suspic[i]on [p. 97]
says he was shot on 6[th] May. (Ladies— [blank]) & his affidavit made 20 July following— shall not find a indictment befor Judgm[en]t.
had time to bring a S◊◊◊◊◊◊ [Securing?] of the Citizens of those U. States.— should be transported. unless on positive charge. not on Suspici[o]n—
mature reflection Affidav[i]t so impefits so imperf[e]ct.—
J. Smith be dischar[ge]d & the entry be made so that [p. 98]
<​he shall be​> to secure him from any <​from any further​> furthr arrests on this <​troubled <​no more​> in this matter.— in relati[o]n to this <​the​> matter touchi[n]g this​> prosecuti[o]n—— [p. 99]


  1. 1

    For the remainder of this entry, phrases are disjointed, with irregular spacing. Blank lines in the journal are represented by wider spacing between lines.  

  2. 2

    TEXT: Possibly “more”.  

  3. 3

    TEXT: Possibly “but”.  

  4. 4

    TEXT: Possibly “goveners”.  

  5. 5

    TEXT: Illegible word is possibly “court” or “creed”.  

  6. 6

    TEXT: Possibly “power”.  

  7. 7

    TEXT: Possibly “any”.  

  8. 8

    TEXT: Possibly “accesry”.  

  9. 9

    TEXT: Possibly “he”.  

  10. 10

    TEXT: Or “house”.  

  11. 11

    TEXT: Or “for”.  

  12. 12

    TEXT: Possibly “her”.  

  13. 13

    TEXT: Possibly “these”.