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 demand 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.
If, then, the United States could not deliver up to Governor Quesada,
a fugitive from the laws of his country, we cannot claim as a right the
delivery of fugitives from us; and it is worthy consideration, whether
the demand proposed to be made in Governor Pickney's letter, should it
be complied with by the other party, might not commit us disagreeably,
perhaps dishonorably, in event; for I do not think we can take for
granted, that the legislature of the United States will establish
a convention for the mutual delivery of fugitives; and without a
reasonable certainty that they will, I think we ought not to give
Governor Quesada any grounds to expect that in a similar case, we would
re-deliver fugitives from his government.
I have the honor to be, with the most profound respect and attachment,
Sir, your most obedient and most humble servant,
Th: Jefferson.
LETTER LXXXIV.--TO WILLIAM SHORT, November 24, 1791
TO WILLIAM SHORT.
Philadelphia, November 24, 1791.
Dear Sir,
My last to you was of August the 29th, acknowledging the receipt of your
Nos. 67, 68, 69, 70, 71, and informing you I was about setting out to
Virginia, and should not again write to you till my return. Only one
vessel has sailed fro
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