rimes as sufficiently punished by the exile.
There is one crime, however, against property, pressed by its
consequences into more particular notice, to wit;
_Forgery_, whether of coin or paper; and whether paper of public or
private obligation. But the fugitive for forgery is punished by exile
and confiscation of the property he leaves: to which add by convention,
a civil action against the property he carries or acquires, to the
amount of the special damage done by his forgery.
The carrying away of the property of another, may also be reasonably
made to found a civil action. A convention then may include forgery and
the carrying away the property of others, under the head of,
3. _Flight from debts_.
To remit the fugitive in this case, would be to remit him in every case.
For in the present state of things, it is next to impossible not to owe
something. But I see neither injustice nor inconvenience in permitting
the fugitive to be sued in our courts. The laws of some countries
punishing the unfortunate debtor by perpetual imprisonment, he is right
to liberate himself by flight, and it would be wrong to re-imprison
him in the country to which he flies. Let all process, therefore, be
confined to his property.
_Murder_, not amounting to treason, being the only case in which the
fugitive is to be delivered;
On what _evidence_, and by _whom_, shall he be delivered? In this
country let any justice of the Supreme Court of the United States, or
other judge of the district where the fugitive is found, use the same
proceedings as for a murder committed on the high seas, until the
finding of the 'true bill' by the grand jury; but evidence on oath from
the country demanding him, though in writing and ex parte, should have
the same effect as if delivered orally at the examination.
A true bill being found by the grand jury, let the officer in whose
custody the fugitive is, deliver him to the person charged to demand and
receive him.
In the British provinces adjoining us, the same proceedings will do.
In the Spanish provinces, a proceeding adapted to the course of their
laws should be agreed on.
March 22, 1792.
LETTER CVIII.--TO GOUVERNEUR MORRIS, April 28,1792
TO GOUVERNEUR MORRIS.
Philadelphia, April 28,1792;
Dear Sir,
My last letter to you was of the 10th of March. The preceding one
of January the 23rd had conveyed to you your appointment as Minister
Plenipotentiary to the court of France.
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