Your general powers being
comprehensive enough to take in this subject, no new ones are issued.
I have the honor to be, with great respect, Gentlemen, your most
obedient and most humble servant,
Th: Jefferson.
[The annexed are the papers referred to in the preceding.]
_Project of a Convention with the Spanish Provinces_.
Any person having committed murder of malice prepense, not of the nature
of treason, within the United States or the Spanish provinces adjoining
thereto, and fleeing from the justice of the country, shall be delivered
up by the government where he shall be found, to that from which he
fled, whenever demanded by the same.
The manner of the demand by the Spanish government, and of the
compliance by that of the United States, shall be as follows. The person
authorized by the Spanish government, where the murder was committed,
to pursue the fugitive, may apply to any justice of the Supreme Court
of the United States, or to the district judge of the place where the
fugitive is, exhibiting proof on oath that a murder has been committed
by the said fugitive within the said government, who shall thereon
issue his warrant to the marshal or deputy-marshal of the same place, to
arrest the fugitive and have him before the said district judge; or the
said pursuer may apply to such marshal or deputy-marshal directly,
who on exhibition of proof as aforesaid, shall thereupon arrest the
fugitive, and carry him before the said district judge; and when before
him in either way, he shall, within not less than ---------days, nor
more than ---------, hold a special court of inquiry, causing a grand
jury to be summoned thereto, and charging them to inquire whether the
fugitive hath committed a murder, not of the nature of treason, within
the province demanding him, and on their finding a true bill, the judge
shall order the officer in whose custody the fugitive is, to deliver
him over to the person authorized as aforesaid to receive him, and shall
give such further authorities to aid the said person in safe-keeping and
conveying the said fugitive to the limits of the United States, as
shall be necessary and within his powers; and his powers shall expressly
extend to command the aid of posse of every district through which the
said fugitive is to be carried.
Pages:
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287