| 628 effect this article, directs that the demand be made on the executive of the State where the offender is found, and prescribes the proof to support the demand; viz: Indictment or affidavit.
"The court deemed it respectful to inform the Governor and Attorney General of the State of Illinois of the action upon the habeas corpus: on the day appointed for the hearing, the Attorney General for the State of Illinois, appeared, and denied the jurisdiction of the court to grant the habeas corpus.
"1st. Because the warrant was not issued under color or by authority of the United States, but by the State of Illinois.
"2d. Because no habeas corpus can issue in this case from either the Federal or State courts to inquire into facts behind the writ. In support of the first point, a law of Illinois was read, declaring that whenever the executive of any other State shall demand of the Executive of this State, any person, as a fugitive from justice, and shall have complied with the requisition of the act of Congress in that case made and provided, it shall be the duty of the Executive of this State to issue his warrant to apprehend the said fugitive, etc. It would seem that this act does not purport to confer any additional power upon the Executive of this State, independent of the power conferred by the Constitution and laws of the United States, but to make it the duty of the Executive to obey and carry into effect the act of Congress. The warrant on its face purports to be issued in pursuance of the Constitution and laws of the United States, as well as of the State of Illinois. To maintain the position that this warrant was not issued under color or by authority of the laws of the United States, it must be proved, that the United States could not confer the power on the Executive of Illinois. Because if Congress could and did confer it, no act of Illinois could take it away, for the reason that the Constitution and laws of the United States passed in pursuance of it, and treaties, are the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
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