Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
To remit the fugitive in this case, would be to remit him in every case.
For in the present state of things, it is next to impossible not to owe
something. But I see neither injustice nor inconvenience in permitting
the fugitive to be sued in our courts. The laws of some countries
punishing the unfortunate debtor by perpetual imprisonment, he is right
to liberate himself by flight, and it would be wrong to re-imprison
him in the country to which he flies. Let all process, therefore, be
confined to his property.
_Murder_, not amounting to treason, being the only case in which the
fugitive is to be delivered;
On what _evidence_, and by _whom_, shall he be delivered? In this
country let any justice of the Supreme Court of the United States, or
other judge of the district where the fugitive is found, use the same
proceedings as for a murder committed on the high seas, until the
finding of the ‘true bill’ by the grand jury; but evidence on oath from
the country demanding him, though in writing and ex parte, should have
the same effect as if delivered orally at the examination.
A true bill being found by the grand jury, let the officer in whose
custody the fugitive is, deliver him to the person charged to demand and
receive him.
In the British provinces adjoining us, the same proceedings will do.
In the Spanish provinces, a proceeding adapted to the course of their
laws should be agreed on.
March 22, 1792.
LETTER CVIII.--TO GOUVERNEUR MORRIS, April 28,1792
TO GOUVERNEUR MORRIS.
Philadelphia, April 28,1792;
Dear Sir,
My last letter to you was of the 10th of March. The preceding one
of January the 23rd had conveyed to you your appointment as Minister
Plenipotentiary to the court of France. The present will, I hope, find
you there. I now enclose you the correspondence between the Secretary
of the Treasury and Minister of France, on the subject of the monies
furnished to the distressed of their colonies. You will perceive that
the Minister chose to leave the adjustment of the terms to be settled
at Paris, between yourself and the King’s ministers. This you will
therefore be pleased to do on this principle; that we wish to avoid any
loss by the mode of payment, but would not choose to make a gain which
should throw loss on them. But the letters of the Secretary of the
Treasury will sufficiently explain the desire of the government, and be
a sufficient guide to you.
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