Governor Samuel J. Kirkwood to Governor John Letcher, January 23, 1860

Executive Chamber, Iowa,

Des Moines, January 23, 1860.

To His Excellency, the Governor of Virginia:

Sir: — Your requisition for Barclay Coppoc, alleged to be a fugitive from justice from the State of Virginia, was this day placed in my hands by Mr. Camp. Having carefully considered the same, I am of opinion that I cannot, in the proper discharge of my duty as Executive of this State, grant the requisition, because it does not, in my opinion, come within the provisions of the Constitution of the United States, and of the laws of Congress, passed in pursuance thereof. The certificate of the Notary Public, that the paper purporting to be the affidavit of Andrew Hunter, was sworn to, is not authenticated by his Notarial Seal, and for that reason, is no higher evidence of that fact, than would be the statement of any other citizen. Were this the only difficulty, I would, as it is in its nature technical, feel disposed to waive it in this case; but there is a further defect, which in my judgment is fatal, and which my duty will not allow me to overlook.

The law provides that the Executive authority of a State demanding any person as a fugitive from justice, shall produce to the Executive authority of the State on which the demand is made “the copy of an indictment found, or an affidavit made before a magistrate” of the State by which the demand is made. In this case, there is not a copy of any indictment produced, and the affidavit produced, is made before a Notary Public, who is not, in my judgment, a magistrate, within the meaning of the law of Congress.

This is a matter in which, as I understand, I have no discretionary power. Had the application been made to me in proper form, charging the offense charged in this case, the requisition must have been granted; and as it is, I have not any more authority to surrender the person demanded, than if requested to do so by a private letter.

Very respectfully,

SAMUEL J. KIRKWOOD

SOURCE: Henry Warren Lathrop, The Life and Times of Samuel J. Kirkwood, Iowa's War Governor, p. 97