"To show how cautious states should be in making such concessions one to the other reciprocally, he would mention a case that occurred when he was attorney-general. A treaty had been agreed upon between the state of New York and the province of Canada, by which the government of each agreed reciprocally to deliver up the citizens or subjects of the other against whom grand juries had found a bill, and who had sought refuge within the territories of the other. It happened that a slave had escaped from his master in New York, and had got to Canada. To facilitate his escape, he rode a horse of his master's for a part of the way, but turned him back on reaching the frontier. The authorities of New York well knew that England would not give up a runaway slave, and that as they could not claim him under the treaty, they therefore had a bill of indictment against him, before a New York grand jury for stealing the horse, though it was clear the _animus furandi_ was wanting. The grand jury, however, found a true bill against him for the felony, and he was claimed under the treaty. The governor, under such circumstances refused to give him up until he had consulted the government in England. He (Lord Campbell) was consulted, and gave it as his opinion that the man ought not to be given up, as the true bill, where no felony had been committed, did not bring the case within the treaty. The man was not given up, and there the matter rested. This, he repeated, showed the necessity of the greatest caution where reciprocal rights of surrender were granted between states. It is not to be presumed that the executive of this state would knowingly, {179} lend his aid in dragging one of our citizens, who is not a fugitive from justice, into a foreign state for trial. The governor has undoubtedly been misled by the evasive affidavit which accompanied the requisition. I would advise that Mr. Smith procure respectable and sufficient affidavits to prove beyond all question, that he was in the state and not in Missouri, at the time the crime with which he is charged was committed, and upon these affidavits, apply to the governor to countermand the warrant he has issued for his arrest. If he should refuse so to do, I am clearly of the opinion that, upon the above state of facts, the supreme court will discharge him upon habeas corpus. Respectfully your obedient servant, JUSTIN BUTTERFIELD. The foregoing letter of Mr. Butterfield (United States' attorney for the district of Illinois,) shows, in a very lucid manner, what our rights and privileges are, pertaining to the habeas corpus, and accords with the opinion of every intelligent man,--the opinions of ex-Governor Boggs, Governor Reynolds, of Missouri, and Governor Carlin, to the contrary, notwithstanding. {180} CHAPTER X.