Page 1

[seal]

Attorney Generals Office
Jackson, Miss. May 27. 1864

His Excy Chas Clark

Governor

Yrs of yesterday^s date is recd. In reply I state, as my opinion, that the temporary Peni-tentiary canot be located out of the State. The 1^st Sec of the Act of 1863 is explicit on the point of its location. The buil-ding specified in that act is the only one in which the convicts can be legally confined, until ^a^ permanent penitentiary is erected; except, in the case stated in the 5^th Sec, of imminent danger of the place where said temporary penitentiary is situated being invaded by the enemy where they may be removed to some place of safety, and shall be there employed "in the manner most con-ducive to the interests of the State". This answers your 1^st [insty.?] whether the temporary penitentiary authorized by said act can be located out of the State.

Your 2^d [insty?] is as follows ^"If not^ "Can the convicts be legally removed from the custody of the Sheriff until such Temporary Penitentiary is established within the State, & Proclamation made by the Gover-nor, as required by the 4^thSection?

My opinion on that point is that the convicts, after being having been delivered to the Superindent, under their