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.
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