| 630 of the peace. It is contended that the United States is a government of granted powers, and that no department of it can exercise powers not granted. This is true. But the grant is to be found in the 2d section of the 3d article of the Constitution of the United States: 'The judicial power shall extend to all cases in law or equity, arising under this Constitution, the laws of the United States, and treaties made and which shall be made under their authority.'
"The matter under consideration presents a case arising under the 2d section, 4th article of the Constitution of the United States, and the act of Congress of February 12, 1793, to carry it into effect. The judiciary act of 1789 confers on this court (indeed on all the courts of the United States) power to issue the writ of habeas corpus, when a person is confined 'under color of or by the authority of the United States.' Smith is in custody under color of and by authority of the 2d section, 4th article of the Constitution of the United States. As to the instrument employed or authorized to carry into effect that article of the Constitution (as he derives from it the authority to issue the warrant), he must be regarded as acting by the authority of the United States. The power is not official in the Governor, but personal. It might have been granted to anyone else by name, but considerations of convenience and policy recommended the selection of the Executive, who never dies. The citizens of the States are citizens of the United States; hence the United States are as much bound to afford them protection in their sphere, as the States are in theirs.
"The court has jurisdiction. Whether the State courts have jurisdiction or not, this court is not called upon to decide.
"The return of the sheriff shows that he has arrested and now holds in custody Joseph Smith, in virtue of a warrant issued by the Governor of Illinois, under the 2d section of the 4th article of the Constitution of the United States, relative to fugitives from justice, and the act of Congress passed to carry it into effect. The article of the Constitution does not designate the person upon whom the demand for the fugitive shall be made; nor does it prescribe the proof upon
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