Ex parte Smith
U.S. Circuit Court for the District of Illinois
This case came before the court upon a return to a writ of habeas corpus, which was issued by this court on the 31st of December, 1842, upon a petition for a habeas corpus on the relation of Joseph Smith, setting forth that he was arrested and in custody of William F. Elkin, sheriff of Sangamon county, upon a warrant issued by the governor of the state of Illinois, upon a requisition of the governor of the state of Missouri, demanding him to be delivered up to the governor…
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This case came before the court upon a return to a writ of habeas corpus, which was issued by this court on the 31st of December, 1842, upon a petition for a habeas corpus on the relation of Joseph Smith, setting forth that he was arrested and in custody of William F. Elkin, sheriff of Sangamon county, upon a warrant issued by the governor of the state of Illinois, upon a requisition of the governor of the state of Missouri, demanding him to be delivered up to the governor of Missouri, as a fugitive from justice; that his arrest, as aforesaid, was under color of a law of the United States,…
1Opinion of the Court
And afterwards, on the 5th day of .Tanuary. 1843,
POPE, District Judge,
delivered the following:
The importance of this case, and the consequences which may flow from an erroneous precedent, affecting tiie lives and liberties of our citizens, have impelled the court to bestow upon it the most anxious consideration. The able arguments of the counsel for the respective parties, have been of great assistance in the examination of the important question arising in this cause. When the patriots and wise men who framed our constitution were in anxious deliberation to form a perfect union among the…
2Cited by39 opinions
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
- Rice v. AmesSupreme Court of the United States · 1901
- Ex parte HartCourt of Appeals for the Fourth Circuit · 1894
- Davis's CaseMassachusetts Supreme Judicial Court · 1877
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