Legal Opinion

Brown's Case

Massachusetts Supreme Judicial Court

Decided September 15, 1873PublishedCited by 16 opinions

Habeas corpus of a citizen of Vermont, arrested under a warrant of his Excellency the Governor of this Commonwealth, which warrant stated that application had been made to him by the supreme executive authority of the State of Vermont, for the delivering of said Brown, “ charged with the crime of selling and furnishing intoxicating liquors contrary to the laws of Vermont, and represented to be a fugitive from the justice of said State of Vermont,” and ordered him to be…

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Habeas corpus of a citizen of Vermont, arrested under a warrant of his Excellency the Governor of this Commonwealth, which warrant stated that application had been made to him by the supreme executive authority of the State of Vermont, for the delivering of said Brown, “ charged with the crime of selling and furnishing intoxicating liquors contrary to the laws of Vermont, and represented to be a fugitive from the justice of said State of Vermont,” and ordered him to be delivered up to be removed to that state. The petitioner contended that the warrant did not show that he had been guilty of…

1Opinion of the CourtGbay, C. J.

The words of the provisions of the Constitution and laws of the United States, and of the statutes of the Commonwealth, upon the subject of fugitives from justice, the history of those provisions, and the judicial expositions of them, conclusively establish that the authority of the Governor of this Commonwealth to order the delivery of fugitives from the justice of another state of the Union extends to a person appearing to be charged with any crime whatever in that state.

The corresponding provision in the Articles of Confederation, art. 4, § 2, included only persons “ charged with treason,…

2Cases cited2 opinions

  1. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  2. In re ClarkNew York Supreme Court · 1832

3Cited by16 opinions

  1. Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1893
  2. Davis's CaseMassachusetts Supreme Judicial Court · 1877
  3. Barranger v. BaumSupreme Court of Georgia · 1898
  4. HarrisMassachusetts Supreme Judicial Court · 1941
  5. BakerMassachusetts Supreme Judicial Court · 1942

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