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Supreme Court — Part 7
Page 59
59 / 107
Appleyamt v Massachusette, 203
Po.l163t "A person charged by indict
= 3~
tained in the Act of 793, 1 Stat.at L.302, ever since con-
tinued in force,and nov embodied in sections 5278 end 5279
of the Revised statutes, h.s established the validity of
ita logislat ton om the subject. "This duty of providing
vy law", said Chief Justice Tanay, delivering the opinion
of the Court in Kentucky v Dannison, 24 How,104 (65 U.Se,
16 L.ed.717,7B), *the regula ti ons necessary to carry
od comm ot inta exe@ition, frm the natura ar tha duty
and the object in view, was "manifestly devolved upon Con~
gress, for if it was left to the States,each State mirht
require different procf to authenticate the judicial proceed=
ings upon “hich the demand was founded, and as the aut of the
Governor of the State where the Pagktive-wes 3 ia, in
on “he cald not
lawfully issue a warrant to arrest an in vidual without a
law of the Stata ar of Congresa ta aut cornice 1+” -
1.0.1633
trate with the commission
by ibs laws, and who, af
Crime. loaves the State
nor under what belfLef-be the time of such leavine
and <1thin the meaning of *2 Stibtution ond the laws of ‘hne
UnitedStatos, a fugitiv fron ‘faatice,and | if found in mother
Stace cust be Jeligerst-up by tia Jovemor of such State to
the State whose laws are ai, exed\ty have been violated,on the
production of h indictme or affidsvit,certified es authen=
4ie by the Go nor of the te from which the accused de-
parted. Such ia \the command the supreme law of the landg
which may not te\disregarded/by any State.
tate of a crime covered
of the comission of such
r what purpose or motivee
LM ist on relating to fucitives from jua
tice the h history y of its adoption will show, is in the
of a tre atipuletion entered into for thu purpose
pteand efficient administration of the
he several states, an object of the first
le of the entire *eount and woilen each
con
Sia fidelity to tis Constitution to roco7nlzé@e
A fal “‘Orous enforcement of that stipulation is.vital
to the y and welfare of the States ,and while a State
should take oare.vithin the lintts of the law,thet the richts
of tts people are protected against ills gal action, the {udi =
¢1al authorities ar ins Union should e: take care a
ct onstitution be ue so narrowly interes
rreted @ z to Sore OFF: andars eeainet the ee SP aT SES Fo
fird a a petmanent esy lun in the territory of anothar State Ge
"In Roberts v.Heil:y,ll16 U.s.50, 95,97, 29 L,04.644,540, 6
Sup»Ct Hep.29l, thia Court said thet the Act of Con; ress ,S€Ce
5273 of the Revised Statutes.made it toe cvty of the axceutive
authority of the State in which is found « pereon charred with
crime ogainst the lawe of another State,and who hoes fled from
ee
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