Ex parte Rosenblat

Under the Constitution of the United States and the act of Congress, a State is bound to surrender a fugitive for whom a proper requisition has been-issued by the Governor of the sister State. The act of the Legislature was passed as auxiliary to the proceedings under the Constitution and act of Congress, but is based solely on principles of comity; and the Legislature had power to affix as many conditions as to the mode in which the preliminary arrest and examination should be conducted as the Legislature deemed proper.

We are inclined to the belief that a person thus arrested, with a view to his being surrendered on requisition expected to arrive, is entitled to his discharge if his examination is not brought on before the magistrate within six days. The act of the Legislature which authorizes such preliminary arrest should be strictly complied with, but we do not think it necessary to decide that question in the present case.

*288 This is not a ease in which writs have been issued both from a State court and a United States court, where the officer of the State or Federal court,, as the case may be, first serving the writ is entitled to retain possession of the body.

We…