In re Manchester

The return to the writ shows, that the defendant is held in custody by virtue of a warrant, issued by the Executive of this State, in compliance with a requisition made by the Governor of Ohio, under the provisions of the Act of Congress regulating “fugitives from justice.” The requisition of the Governor of Ohio is based upon the affidavit of one Frederick Franks, taken before one Peter Bell, a Justice of the Peace of Hamilton county, Ohio, and authenticated by the seal of the Court of Common Pleas of said State. Upon this affidavit, the District Attorney of Hamilton county has endorsed his opinion, that the charge is sufficient for the Governor to issue a requisition upon—(whether by virtue of any law of the State of Ohio, making it the duty of District Attorneys to investigate such cases, I know not, but am inclined to think such must be the fact.)

The requisition is in the usual form, and recites substantially the facts charged in the affidavit.

*238 It may be as well to state, in limine, that I do not consider, under the distribution of powers by the Constitution of this State, the Judiciary are denied jurisdiction in this class of cases. The very object of the habeas…