Account of Hearing, 4 January 1843 [Extradition of JS for Accessory to Assault]
Source Note
Account of Hearing, , Sangamon Co., IL, 4 Jan. 1843, Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843); in JS, Journal, 1842–1844, Book 1, pp. 50–73; handwriting of ; JS Collection, CHL.
papers that he is not arrested under the authority of the — but of our state.— Statute of our own state <has Jurisdiction>— not contradictory to laws— <Read> Gales Statu[t]e 315. Page— fugitives f[r]om Justice.
whole proceedings illegal untill they can shew is that this law is unconstitutio[n]al— complia[n]ce on the part of the — with law— <Read> Conklins Treaties 51.— Page— there is no general jurisdiction— in this case— the only autho[r]ity of this court— in the Digest read.— Conklins Treaties 85.— if sheriff refuses to give up a prisoner [p. 53]
Actually, page 318. (An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 318–320.)
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.