XI.

#_Procedure of the Court_.

And afterwards, to-wit, on the same day and year last aforesaid, the following order was made in this cause,--viz.:

In the matter of Joseph Smith on habeas corpus.

At this day comes the said Joseph Smith, and, by Justin Butterfield, his attorney, files his written denial, verified by affidavit, of the matters and things set forth in the return to the writ of habeas corpus issued in this cause; and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois, and on his motion it is ordered that this cause be continued for hearing until Wednesday morning next.

And afterwards, to-wit, on the fourth day of January, 1843, Josiah Lamborn, attorney-general of the state of Illinois, filed his objections to the jurisdiction of this court in this cause, and moved to dismiss the proceedings herein, which said motion and objections are in the words and figures following--viz.:

United States of America,

In the Circuit Court of the State of Illinois.

In the matter of Joseph Smith.

J. Lamborn, attorney-general of Illinois, moves the court to dismiss the proceedings herein, for the reason that this court has no jurisdiction.

1st. The arrest and detention of said Smith was not under or by color of authority of the United States, or any of the officers of the United States, but under and by color of authority of the state of Illinois, and by the officers of Illinois.

2nd. When a fugitive from justice is arrested by authority of the government of any state, upon the requisition of any other governor of another state, the courts of justice, neither state nor federal have any authority or jurisdiction to inquire into any facts behind the writ.

J. LAMBORN,

Attorney-General of Illinois.

{242} And afterwards, to-wit, on the same day and year last aforesaid, the following order was made in this cause,--viz.:

In the matter of Joseph Smith, on habeas corpus.

And now, again, at this day, comes the said Joseph Smith, by Justin Butterfield, his attorney; and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois, and enters his motion to dismiss the proceedings herein, for want of jurisdiction; and the court having heard the allegations and proofs herein, and the argument of counsel upon the same, and also upon the aforesaid motion, and not being sufficiently advised took time, &c.