Ex parte Graham

The petitioner, being held a prisoner by the representatives of the state of Tennessee under a warrant issued in extradition proceedings by the Governor of California upon the requisition of the Governor of Tennessee, seeks by habeas corpus to obtain his discharge from such imprisonment.

The Constitution of-the United States provides as follows:

To give effect to this constitutional provision Congress passed an .act, approved February 12, 1793, c. 7 ( 1 Stat. 302 ), the substance of which is reproduced in section 5278 of the Revised Statutes (U. S. Comp. St. 1901, p. 3597) as follows:

Objection to the jurisdiction of this court in the premises was made, but was subsequently withdrawn, and as such jurisdiction is, I think, beyond question, nothing further on that subject need be said.

[1] The petitioner being held under warrant issued bv the Governor of California, there are but two questions open to the consideration of this court — one a question of law, and the other a mixed question of law and fact. The former is as to the sufficiency of the indictment against the petitioner. The Supreme Court in the case of Pierce v. Creecy, 210 U. S. 387, 401 , 28 Sup. Ct. 714, 718 ( 52…