Canandaigua July 13 40
Gov Seward
Dr Sir
Eliazor Miles was indicted at the last US. CC held
here for robbing the mail, and committed to the jail of this county
and on the 23^d instant with other broke jail and escaped: he has
since been arrested in Ohio. and is confined in jail in to Geauga Co
The Sheriff is anxious to get possession of him, I have been doubting how
the enquisition should be made
Breaking Jail was a crime recognised at the adoption
of the constitution. and seems to be within its meaning,: but I understand
from the Sheriff that an application for a requisition made by the dis-
trict attorney has heretofore failed, and I have deemed it best to write you
before making out the papers: The Statute provides that the jails of the
several counties shall be used for confining prisoners charged with offences
against the U.S. the question is whether a person thus confined and
breaking jail commits an offence against the State or the U.S. The Statute 2^d
Vol R S. 571 S. 24 makes it felony for any person ^lawfully^ confined for any cause
whatever to break jail, The breaking of the jail is not the gist of the offense
he must "be lawfully confined" — and does the Statute refer to a confine-
ment under the Authority of this state; 2^d Vol R S. 454. S. 3. appears to
leave no doubt but that it is an offense against the statute to break
jail although confined under process of a U.S. Court: but then the
question returns. Is this offence thus defined.one within the meaning of
the constitution: it not being at the adoption of the constitution, an
offence as against a state, to break jail, when confined on the process of
the U.S courts, and whether the statute dictating it so, gives the Executor
the same authority to demand a fugitive under such circumstances,
as would arise in case the person ^was^ confined under the laws of the state
But should it be proper to open a requisition will the affidavit

of the Sheriff with the warrant of committment be sufficient?
Enough must be stated, I think at all events to show that the
person was lawfully confined under the authority of the U.S. and one
step in apprehension that our loco foco dist atty will not make
out the papers regular has applied to me, and I confess my entire ignor-
ance of the matter. yet I infer that it may be necessary to present
you the original indictment, the original warrant of commitment
issued therein, and the affidavit of the sheriff that the prisoner broke
jail—and so in my ignorance I apply to the high source of
Wisdom and authority, and will thank you to let me know
what to do.
Weed was here on Saturday—and felt rejoiced to breathe
a pure untroubled whig atmosphere: he says he will stop a day
or two on his return, and that it will be a relief to be in a county
even for so short a time where there is nothing to do politically
the people do that thing up here in their own way—I was
glad to learn that all was right about Bradish it will not do
to drop him: and let him bide his time: two years more will
suffice for him—We are Straight forward here, and every thing
is right.
We are all well. Lazette expects Frances & the children
here soon, are you not coming?—Letters will not be -
next week—Is Cayuga safe.
Truly
AWorden

Gov. Seward
Auburn
CANANDAIGUA N.Y. JUL 13
PAID
A. Warden
July 13, 1840