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 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.