| 625 the Nauvoo Legion in presence of many thousand people.
"The reading of these affidavits was objected to by the Attorney General of the State of Illinois, on the ground that it was not competent for Smith to impeach or contradict the return to the habeas corpus. It was contended by the counsel of the said Smith, 1st, That he had a right to prove that the return was untrue. 2d, That the said affidavits did not contradict the said return, as there was no averment under oath in said return that the said Smith was in Missouri at the time of the commission of the alleged crime or had fled from the justice of that State. The court decided that the said affidavits should be read in evidence, subject to all objections; and they were read accordingly.
"The cause was argued by J. Butterfield and B. S. Edwards, for Smith, and by Josiah Lambourn, Attorney General of the State of Illinois, contra.
"J. Butterfield, counsel for Smith, made the following points:-
"1. This court has jurisdiction.
"The requisition purports on its face to be made, and the warrant to be issued, under the Constitution and laws of the United States, regulating the surrender of fugitives from justice.-2d section, 4th article, Constitution United States. -1st section of the act of Congress of 12th February, 1793.
"When a person's rights are invaded under a law of the United States he has no remedy except in the courts of the United States.-2d section, 3d article, Constitution United States.-12th Wend. 325.-16 Peters 543.
"The whole power in relation to the delivering up of fugitives from justice and labor has been delegated to the United States, and Congress has regulated the manner and form in which it shall be exercised. The power is exclusive. The State Legislatures have no right to interfere, and if they do, their acts are void.-2d and 3d clause of 2d section, 4th article, Constitution United States.-2d volume laws United States 331.-16 Peters 617, 618, 623.-4th Wheaton's Rep. 122, 193.-12, Wend. 312.
"All courts of the United States are authorized to issue writs of habeas corpus when the prisoner is confined under or
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