Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, the entire Austin term, and the first part of the Tyler term, 1875. Volume 43. Page: 203

                                
1875.]           HIBLER v. THE STATE.           203
Opinion of the court.
upon the authority of the Governor of the State of Texas to
act in the premises must fall to the ground.
The whole object of the amended petition is to assail the
authority of the Governor of the State of Texas to act, for
the want of the proper evidence upon which to act. It is
not alleged or pretended to be shown that there is in fact
no such indictment. It is not denied that there was such
an indictment found against him; and no evidence was
offered to prove that he had been acquitted of or otherwise
relieved from the charge. The evidence before the Governor
of Texas that there was a subsisting valid indictment
against him for murder stood unimpeached; and that being
established, his being found and arrested in this State
established his position as a fugitive from justice in the
meaning of the Constitution and laws of the United States.
There is nothing developed in this case which makes it
necessary for this court to express any opinion as to the
power of the Court to look behind the action of the Governor
of Texas or that of the Governor of Mississippi, and
afford a remedy against illegal imprisonment, however it
might be covered up under the forms of law.
In this case the law has been fully complied with, and
nothing has been shown to indicate the use of its forms to
accomplish an improper object or a perversion of justice.
This provision of the Constitution of the United States,
requiring the surrender of fugitives from justice, is in the
nature of a treaty stipulation between the States of the
Union, and it is equally binding upon each State and all
of the officers thereof for its faithful execution, as though
it was a part of the constitution of each State, whether
Congress had passed laws relating thereto or not. Those
laws have been passed to establish uniformity in the mode
of performing this constitutional duty resting upon each
State. When its execution is put into active operation by
the proper authority of this State, the Governor, based
upon the authentic information and demand as required
S