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"But I take leave to sugest that, inasmuch as the facts seem
to disclose a case of failure on the part of the United States authorities to fulfil the stipulations of the treaty, it is due to the Government of Saxony, if that Goverment should desire to make further efforts to secure the extra- -dtion of Luller, and if its representative should be able to ascertain his present residence, that the Government of the United States should not only issue such letter of authorization as will move to action the proper judicial authority for his rearrest and re-examination, but afford such other aid in the premises as will convince the Govern- -ment of Saxony of its earnest purpose to preserve unbroken the obligations of the treaty".
(After the discharge of Trangott Luller by Judge Leavitt,
he was rearrested, and brought before Judge Cadwalader, at Philadelphia, under whose decision he was surrendered to the
Prussian Government.)
Vol. X, Opinions of the Attorneys General, p. 506.
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STATE COURTS.
The statute of the State of Minnesota contains a section not un-
-like, and evidently based on, section 5 of 31 Car. II C. 2, it reads:-
*No person who has been discharged upon a habeas corpus shall
again be imprisoned or restrained for the same cause, unless
indicted therefor, convicted thereof, or comitted for want
of bail, by a court of record having jurisdiction for defect
of proof, or for some material defect in the commitment in a
criminal case, he is again arrested on sufficient proof, and committed by legal process".
It is submitted that this section contains an excellent statement of the present law of England upon section five of the Habeas Corpus Act. It was construed by the court of last resort in a case where one Holm, who had been committed for the grand jury, sued out a writ and obtained his discharge on the ground of defective proof on the
: