University of Virginia Library

TO EDMUND RANDOLPH.

My Dear Friend,—Your favor of the 27th. Jany. was
safely delivered to me about a fortnight ago, and was
recd. with the greater pleasure, as it promises a continuance
of your friendly attention. I am sorry that
my situation enables me to stipulate no other return
than sincere & thankful acknowledgments.—On my
arrival here which happened early in Decr. I entered
as soon as the necessary attentions to my friends admitted,
on the course of reading which I have long

meditated. Co: Litt: in consequence & a few others
from the same shelf have been my chief society during
the Winter. My progress, which in so short a
period could not have been great under the most
favorable circumstances, has been much retarded by
the want of some important books, and still more by
that of some living oracle for occasional consultation.
But what will be most noxious to my project, I am to
incur the interruptions wch. will result from attendance
in the Legislature, if the suffrage of my County should
destine me for that service, which I am made to expect
will be the case. Among the circumstances
which reconcile me to this destination, you need not
be assured that the opportunity of being in your
neighborhood has its full influence.

I have perused with both pleasure and edification
your observations on the demand made by the Executive
of S. C. of a citizen of this State.[4] If I were
to hazard an opinion after yours, it would be that the
respect due to the chief magistracy of a confederate
State, enforced as it is by the articles of Union, requires
an admission of the fact as it has been represented.
If the representation be judged incomplete
or ambiguous, explanations may certainly be called

for, and if on a final view of the charge, Virginia
should hold it to be not a casus foederis, she will be at
liberty to withhold her citizen, (at least upon that
ground,) as S. C. will be to appeal to the Tribunal
provided for all controversies among the States.
Should the Law of S. C. happen to vary from the
British Law, the most difficult point of discussion I
apprehend will be, whether the terms "Treason &c."
are to be referred to those determinate offences so
denominated in the latter code, or to all those to which
the policy of the several States may annex the same
titles and penalties. Much may be urged I think
both in favor of and agst. each of these expositions.
The two first of those terms coupled with "breach of
the peace" are used in the 5 Art: of the Confederation,
but in a way that does not clear the ambiguity.
The truth perhaps in this as in many other instances,
is, that if the compilers of the text had severally declared
their meanings, these would have been as
diverse as the comments which will be made upon it.

Waving the doctrine of the confederation, my present
view of the subject would admit few exceptions
to the propriety of surrendering fugitive offenders.
My reasons are these. 1. By the express terms of
the Union the citizens of every State are naturalized
within all the others, and being entitled to the same
privileges, may with the more justice be subjected to
the same penalties. This circumstance materially distinguishes
the citizens of the U. S. from the subjects
of other nations not so incorporated. 2. The analogy
of the laws throughout the States, and particularly the

uniformity of trial by Juries of the vicinage, seem to
obviate the capital objections agst. removal to the State
where the offence is charged. In the instance of contiguous
States a removal of the party accused from
one to the other must often be a less grievance, than
what happens within the same State when the place
of residence & the place where the offence is laid are
at distant extremities. The transportation to G. B.
seems to have been reprobated on very different
grounds: it would have deprived the accused of the
privilege of trial by jury of the vicinage as well as of the
use of his witnesses, and have exposed him to trial in
a place where he was not even alledged to have ever
made himself obnoxious to it; not to mention the
danger of unfairness arising from the circumstances
which produced the regulation. 3. Unless citizens of
one State transgressing within the pale of another be
given up to be punished by the latter, they cannot be
punished at all; and it seems to be a common interest
of the States that a few hours or at most a few days
should not be sufficient to gain a sanctuary for the
authors of the numerous offences below "high misdemesnors."
In a word, experience will shew if I mistake
not that the relative situation of the U. S. calls
for a "Droit Public" much more minute than that
comprized in the foederal articles, and which presupposes
much greater mutual confidence and amity
among the societies which are to obey it, than the law
which has grown out of the transactions & intercourse
of jealous & hostile nations.

Present my respectful compliments to your amiable

lady & accept the sincerest wishes for your joint
happiness of