You say, in your letter to me, that you doubt whether on a habeas corpus the court would have a right to try the question, whether Smith was in Missouri at the time of the commission of the crime of which he is charged. To this I answer, that upon a habeas corpus, the court would be bound to try the question, whether Smith fled from justice from Missouri to this state. The affidavit of Mr. Boggs is not conclusive on this point. It may be rebutted. Unless Smith is a person who has fled from justice, he is not subject to be delivered up, under the express provisions of our own habeas corpus act. He has a right to show that the affidavit is false, and that the order for his arrest was obtained by false pretenses. Again, the affidavit on its face was not sufficient to authorize the arrest of Smith. It is evasive and deceptive. It does not show that he fled from the state of Missouri to evade justice for the commission of the crime of which he is charged by Governor Boggs. Robert G. Williams, in the year 1835, was indicted in the state of Alabama for attempting to incite rebellion and insurrection in that state. He was demanded by the governor of that state of the governor of New York, and the requisition stated that he had fled from justice. The governor of the state of New York (Marcy) took notice that the said Williams was a citizen of the state of New York, and had not fled from justice from Alabama, and on _that ground alone_ refused to surrender him up. This was a stronger case than that of Smith, as an _indictment had been found_. Governor Marcy puts his refusal upon the express ground that, by the Constitution of the United States, the governor {175} of one state had no right to demand, nor the governor of another state a right to surrender up, one of his citizens, unless he had fled from justice; and it was the right and duty of the governor upon whom the demand was made to inquire into the fact whether he had fled from justice before he made the surrender. I have the book containing all the proceedings in this case of Williams. There are several other cases equal in point, and they proceed upon the ground that a governor of a state has no jurisdiction over the body of a citizen to arrest and surrender him up to a foreign state, unless he is a fugitive from that state, unless he has fled from the state to evade "justice," or, in other words, to evade being tried for the offense with which he is charged.