Dows' case
Supreme Court of Pennsylvania
Habeas corpus before the Supreme Court, at the instance of Joseph Dows. Joseph Dows was a fugitive from justice from the county of Allegheny, Penna., being at the time he fled charged, by indictment, with forgery, and, by complaint of W. Thompson, with obtaining money under false pretences. It being ascertained that he was in the state of Michigan, a requisition was made by the governor of this state upon the governor of Michigan for his surrender.
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Habeas corpus before the Supreme Court, at the instance of Joseph Dows. Joseph Dows was a fugitive from justice from the county of Allegheny, Penna., being at the time he fled charged, by indictment, with forgery, and, by complaint of W. Thompson, with obtaining money under false pretences. It being ascertained that he was in the state of Michigan, a requisition was made by the governor of this state upon the governor of Michigan for his surrender. In pursuance thereof, the governor of Michigan issued his warrant to arrest and surrender the said Dows to the authorities of this state.…
1Opinion of the Court
The opinion of the Court was delivered by
Hibson, O. J.
Had the prisoner’s release been demanded by the executive of Michigan, we would have been bound to set him at large. As regards all but federal stipulations, the states of the Union are independent sovereignties; and the only right which one of them has to claim the arrest of a fugitive from its justice in the territory of another, is conventional. It is created by treaty stipulation in the federal constitution; and it can be exercised only in the way therein pointed out. But the governor of Michigan, so far from resenting the prisoner’s…
2Cited by19 opinions
- In Re CollinsCalifornia Supreme Court · 1907
- Commonwealth Ex Rel. Master v. BaldiSuperior Court of Pennsylvania · 1949
- Commonwealth Ex Rel. DiDio v. BaldiSuperior Court of Pennsylvania · 1954
- Commonwealth Ex Rel. Rushkowski v. BurkeSuperior Court of Pennsylvania · 1952
- Commonwealth Ex Rel. Master v. BaldiSuperior Court of Pennsylvania · 1950
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