It is the duty of the state of Illinois to make it criminal in one of its citizens to aid, abet, counsel or advise any person to commit a crime in her sister state. Any one violating the law would be amenable to the laws of Illinois, executed by its own tribunals. Those of Missouri could have no agency in his conviction and punishment. But if he shall go into Missouri he owes obedience to her laws, and is liable before her courts to be tried and punished for any crime he may commit there; and a plea that he was a citizen of another state would not avail him. If he escape, he may be surrendered to Missouri for trial. But when the offense is perpetrated in Illinois, the only right of Missouri is to insist that Illinois compel her citizens to forbear to annoy her. This she has a right to expect. For the neglect of it, nations go to war and violate territory. {229} The court must hold that where a necessary fact is not stated in the affidavit, it does not exist. It is not averred that Smith was accessory before the fact, in the state of Missouri, nor that he committed a crime in Missouri; therefore he did not commit the crime in Missouri, did not flee from Missouri to avoid punishment. Again the affidavit charges the shooting on the 6th of May, in the county of Jackson, and state of Missouri, "that he believes, and has good reason to believe from evidence and information now (then) in his possession, that Joseph Smith was accessory before the fact, and is a resident or citizen of Illinois." There are several objections to this. Mr. Boggs having the "evidence and information in his possession," should have incorporated it in the affidavit, to enable the court to judge of their sufficiency to support his "belief." Again, he swears to a legal conclusion, when he says that Smith was _accessory before the fact_. What acts constitute a man an accessory in a question of law are not always of easy solution. Mr. Boggs' opinion, then, is not authority. He should have given the facts. He should have shown that they were committed in Missouri, to enable the court to test them by the laws of Missouri, to see if they amounted to a crime. Again the affidavit is fatally defective in this, that Boggs swears to his _belief_. The language in the Constitution is, "Charged with felony or other crime." Is the Constitution satisfied with a _charge_ upon suspicion?