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whe its justice,to cause the arrest of the elleged fugitive from justice whenever the execullve suthority of any State demands such person as a fugitive from justice,and produces a copy of an indict.cant found, or affidavit m da befora a Magistrate of any State,charmirg the person demunded with having committed a crime therein,certified asa authentic by the Governor @ chief magistrats of the State fras whence the person 80 charged has fled, It mst appear,there fore,to the Governor of the Stae to whom auch a demand is presented, before he can lawfully canply with it,first,that the person denand is substantially charged with a orime against the laws of the otate from wybce justice he is ale legod to have flicd,oy an indictment m offidavit ocerti- fied as authentic oy the Governor ofthe State making the demand ,andgecond, that the person deganded isa fugitive from the iuetice of the Stata tho ardativa anthart ty of the justice tate, the exddutive autherit which oskes the demand, The first of- these pre-requisites ta a question of lsw,and is clways opég upon the face of the papers to judicial inqviry,om applicats under a vrit of habeas fact thich the Govern SZ Illinois, ex rol .cHichols vsTRnee, Ex U.5.100,52 Leod.l2l ,leceleS3 Pgel25: "One arrested ufd held as isfre fran justice is entitled, of ri, ht,upon | aS corpus) \to qvestion the lawfullness of his arrest and {uprie onmoat showlng by competent evidence, as a grouml for his release,iig} he wus not,within the meaning of the Constutition and laws gf the United States, a fugitive from the. just ice\.6f the nding State,ard thereby overcome the presumptfron to trary arising from the face of the peed criminal is or fis not such fugitive fran Peras the Constitution md laws of the United byned, be determined ty the oxecutive upon whom figde in such way as he deem: satiafactory, and ltged to demand proof apart from requisition papers State tnat the accused ls a fu, Lascelles v Georcia,l48 0.8,.541, 37 L.ed,549, lec 551s Pe.5512"The sole object of tre reoviston of the Constitution md the Act of Congresa to carry nte effcct is to sscure the surren- der of persons accused of crime, «ho neve e ran tho fustice vi nor the «act of Congress provi for the rendition of fugit. ves upon proper requisitions being made, con~- fors ,either expressly or by liplication,sny cight or orivile;e upon such fugitives under and by virtue of whic they can assert, ir the State to which they ere returned, exemption from a,