{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