| 624 United States and of this State do hereby command you to arrest and apprehend the said Joseph Smith, if he be found within the limits of the State aforesaid, and cause him to be safely kept and delivered to the custody of Edward R. Ford, who has been duly constituted the agent of the said State of Missouri to receive said fugitive from the justice of said State, he paying all fees and charges for the arrest and apprehension of said Joseph Smith and make due return to the executive department of this State, the manner in which this writ may be executed.
"'In testimony whereof,' etc.
"The case was set for hearing on the 4th day of January, 1843, on which day Josiah Lambourn, Attorney General of the State of Illinois, appeared, and moved to dismiss the proceedings, and filed the following objection to the jurisdiction of the court, viz.:-
"'1st. The arrest and detention of Smith was not under or by color of authority of the United States, or of any officers of the United States, but under and by color of authority of the State of Illinois, by the officers of Illinois.
"'2d. When a fugitive from justice is arrested by authority of the Governor of any State, upon the requisition of the Governor of another State, the courts of justice, neither State or Federal, have any authority or jurisdiction to inquire into any facts behind the writ.'
"The counsel of the said Joseph Smith then offered to read in evidence affidavits of several persons, showing conclusively that the said Joseph Smith was at Nauvoo, in the County of Hancock and State of Illinois, on the whole of the 6th and 7th days of May, in the year 1842, and on the evenings of those days, more than three hundred miles distant from Jackson County in the State of Missouri, where it is alleged that the said Boggs was shot, and that he had not been in the State of Missouri at any time between the 10th day of February and the 1st day of July, 1842, the said persons having been with him during the whole of that period. That on the 6th day of May aforesaid he attended an officer's drill at Nauvoo aforesaid, in the presence of a large number of people, and on the 7th day of May aforesaid he reviewed
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