The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
Sir,--I have duly considered the letter you were pleased to refer to me,
of the 18th of August, from his Excellency Governor Pinckney to yourself,
together with the draught of one proposed to be written by him to the
Governor of Florida, claiming the re-delivery of certain fugitives from
justice, who have been received in that country. The inconveniences of
such a receptacle for debtors and malefactors in the neighborhood of the
southern States, are obvious and great, and I wish the remedy were as
certain and short as the latter seems to suppose.
The delivery of fugitives from one country to another, as practised by
several nations, is in consequence of conventions settled between them,
defining precisely the cases wherein such deliveries shall take place.
I know that such conventions exist between France and Spain, France and
Sardinia, France and Germany, France and the United Netherlands; between
the several sovereigns constituting the Germanic body, and, I believe,
very generally between co-terminous States on the continent of Europe.
England has no such convention with any nation, and their laws have given
no power to their executive to surrender fugitives of any description;
they are, accordingly, constantly refused, and hence England has been the
asylum of the Paolis, the La Mottes, the Calonnes, in short, of the most
atrocious offenders as well as the most innocent victims, who have been
able to get there.
The laws of the United States, like those of England, receive every
fugitive, and no authority has been given to our executives to deliver
them up. In the case of Longchamp, a subject of France, a formal demand
was made by the minister of France, and was refused. He had, indeed,
committed an offence within the United States; but he was not demanded as
a criminal but as a subject.
The French government has shown great anxiety to have such a convention
with the United States, as might authorize them to command their subjects
coming here; they got a clause in the consular convention signed by Dr.
Franklin and the Count de Vergennes, giving their consuls a right to take
and send back captains of vessels, mariners and _passengers_. Congress saw
the extent of the word _passengers_, and refused to ratify the convention;
a new one was therefore formed, omitting that word. In fact, however
desirable it be that the perpetrators of crimes, acknowledged to be such
by all mankind, should be delivered up to punishment, yet it is extremely
difficult to draw the line between those and acts rendered criminal
by tyrannical laws only; hence the first step always, is a convention
defining the cases where a surrender shall take place.
Public-domain text, read in full here on John Shaqi.
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