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-made in order that he might be delivered to the authorities of the Republic of Ecuador by virtue of and in conformity to a treaty existing between that Republic and the United States of America, it seems proper to consider as to whether or not the laws of the United States have been complied with.
Section 5270 of the Revised Statutes of the United States prescribed the procedure necessary in such cases, an dapparently intends to set forth and, in the opinion of the court, does set forth the proper method of procedure. This is as follows in the order named:
(1) There must be a treaty relation between the United States and the country making the demand;
(2) There must be a complaint upon oath charging an extraditable crime committed in the demanding country;
(3) The judicial officer shall issue his warrant upon the oath above referred to for the arrest of the accused.
These are the preliminary and essential steps necessary to bring a fugitive from justice before a court, after which the court is enjoined by the statute to the following further steps:
(4.) To hear all the evidence adduced;
(5) If the evidence produced at the hearings is sufficient, in the opinion of the judge or other judicial officer, to warrant
suchactonthe prisoner shall be committed to custody;
(6) The judicial officer shall certify the testimony taken before him to the Secretary of" State;
(7) From this testimony so certified a warrant may issue, ordering the delivery of the prisoner to the agents or proper authorities of the demanding Government for extradition.
Numerous authorities might be cited to sustain the position that no person charged as a fugitive from justice can be lawfully arrested and held, except the preliminary steps are firstI taken, which are the complaint on oath charging a crime, as contemplated by this statute, and a warrant of arrest issued by a competent judicial officer.
"The arrest and detention of a person cannot be justified against a petition for habeas corpus by a telegram from the authorities of another State, stating that they have a warrant for his arrest, a copy of which is included in the message, and that

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