Winfield Smith to James T. Lewis

KYR-0001-006-0102.xml

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Citation
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Accession Number

KYR-0001-006-0102

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Requisitions for the Return of Fugitives from Justice, 1863-1867

Item Location

BR6-129 to BR6-130

Place of Creation

Madison, Dane County, Wisconsin

Date of Creation

22 November 1865

Dates Mentioned

1865-11-22

1793-02-12

Winfield Smith to James T. Lewis, 22 November 1865, Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Requisitions for the Return of Fugitives from Justice, 1863-1867, BR6-129 to BR6-130, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-006-0102, (accessed April 27, 2024).

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{STATE OF WISCONSIN
[FORWARD]}
American Bank Note Company.
Eng^d by Wellstood, Hay & Whiting, New York

OFFICE OF
Attorney General
Madison, Nov. 22. 1865
Hon. James T. Lewis
Governor &c.

Sir: -- I have at your request examined the requisition (and accompanying affidavit) of the Governor of Kentucky upon you for the rendition of Claudius Tift, an alleged fugitive from justice.

I think that the same is defective in several particulars.

It is recited in the requisition, that "Tift stands charged by indictment of John Barnes with the crime of felony &c", but no copy of the inditment has been annexed or produced to you, as required by the Act of Congress of February 12^th 1793, nor is "felony" a sufficient description of the crime committed. The nature of the crime should be stated.

There is no evidence, that the original affidavit is stamped, agreeably to law.

The affidavit also fails to charge Tift with having feloniously ^stolen or^ taken the money, nor is it
alleged therein to whom the letter was addressed. I think it is essential, that it should be shown that Tift feloniously took the money out of a letter, addressed to a third party, and converted it to his ^own^ use.

Besides these points it may not be unimportant to consider the fact, that Tift, whose rendition is sought, is not charged with having committed any offence against the laws of the State of Kentucky or of the United States.

In the whole I think that the present demand ought not to be complied with, the affidavit in particular being substantially defective.

Yours respectfully,
Winfield Smith

opinion of the atty General of Wisconsin

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