30 mnmun. nnronrmn.
The warrant of the governor of California, annexed to said return
and made a part thereof, is the same hereinbefore set out as a part
of the judgment and commitment for contempt, and the return of P.
Crowley, chief of police, indorsed thereon. The commission of the
governor of Oregon, also annexed to said return and made a part
thereof, is as follows: ‘
“State of Oregon. [Vignette.] Executive department. To all to whom
these presents shall come:
"Know ye, that I have authorized and empowered, and by these presents
do authorize and empower, Walter. L. Robb to take and receive from the proper
authorities of the state of California one C. H. Bayley, fugitive from justice,
and convey him to the state of Oregon, there to be dealt with according to
law. r
"In witness whereof, I have hereunto set my hand and ainxed the great
seal of the state, at the city of Salem, this fifteenth day of November, in the
year of our Lord one thousand eight hundred and eighty—three.
" [Seal] (Signed) Z. Z. Moonv,
"Governor of the State of Oregon.
“By the governor:
"R. P. Exmmrvr, Secretary of State."
The original of said commission of the governor of Oregon under
the seal of the state of Oregon, and the original of the said warrant
of the governor of California under the seal of the state of California,
were also produced and exhibited to the court at the time of making
said return.
The constitution of the United States provides that "a person
charged in any state with treason, felony, or other crime, who shall
flee from justice and be found in another state, shall, on demand of
the executive authority of the state from which he fled, be delivered
up, to be removed to the state having jurisdiction of the crime."
Article 4, § 2.
The last clause of section 8 of article 1 confers upon congress power
"to make all laws which shall be necessary and proper for carrying
into execution * ** * all * * "* powers vested by this con-
stitution in the government of the United States." And article 11
provides that "this constitution and the laws of the United States
which shall he made in pursuance thereof * "‘ * shall be the
supreme law of the land; and judges in every state shall be bound
thereby, anything in the constitution or laws of any state to the con-
trary notwithstanding." Thus, any laws passed by congress under
those constitutional provisions for the arrest of fugitives from justice
found in any state, and their delivery to the state from which they
fied, are a part of the supreme law of the land, to which all state
laws upon the subject must be subordinate. This power, like the
power conferred in the same section to return fugitives from labor,
the power to regulate foreign and interstate commerce, to declare
war, raise armies, provide for a navy, make peace, etc., it was
thought ought not to be reposed in the states. State jealousies, and