be
reciprocally open for the demand and recovery of debts due to any person
inhabiting the one, from any person fled therefrom and found in the
other, in like manner as they are open to their own citizens; likewise,
for the recovery of the property, or the value thereof, carried away
from any person inhabiting the one, by any person fled therefrom and
found in the other, which carrying away shall give a right of civil
action, whether the fugitive came to the original possession lawfully
or unlawfully, even feloniously; likewise, for the recovery of damages
sustained by any forgery committed by such fugitive. And the same
provision shall hold in favor of the representatives of the original
creditor or sufferer, and against the representatives of the original
debtor, carrier away, or forger; also, in favor of either government or
of corporations, as of natural persons. But in no case shall the person
of the defendant be imprisoned for the debt, though the process, whether
original, mesne, or final, be for the form sake directed against his
person. If the time between the flight and the commencement of the
action exceed not ------ years, it shall be counted but as one day under
any act of limitations.
This convention shall continue in force --------- years, from the
exchange of ratifications, and shall not extend to any thing happening
previous to such exchange.
_Heads of consideration on the establishment of conventions between the
United States and their neighbors, for the mutual delivery of fugitives
from justice._
Has a nation a right to punish a person who has not offended itself?
Writers on the law of nature agree that it has not. That, on the
contrary, exiles and fugitives are, to it, as other strangers, and have
a right of residence, unless their presence would be noxious; e. g.
infectious persons. One writer extends the exception to atrocious
criminals, too imminently dangerous to society; namely, to pirates,
murderers, and incendiaries. Vattel, L. 1.5. 233.
The punishment of _piracy_, being provided for by our laws, need not be
so by convention.
_Murder_. Agreed that this is one of the extreme crimes justifying a
denial of habitation, arrest, and re-delivery. It should be carefully
restrained by definition to homicide of malice prepense, and not of the
nature of treason.
_Incendiaries_, or those guilty of _arson_. This crime is so rare as not
to call for extraordinary provision by a convention.
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