James Madison Papers
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To James Madison from Thomas Jefferson, 8 August 1806

From Thomas Jefferson

Monticello Aug. 8. 06

Dear Sir

Your’s of the 4th. is recieved. I think the course which has been taken for sending Mellimeni home is the best: & I concur with you in the expediency of giving no answer to Turreau. Indeed his letter does not seem to call for one. In the present state of our affairs it will certainly be better not to appoint a Consul at St. Thomas’s. We must not risk great things for small. A Consul merely to patronise a commerce which the laws forbid, would be a measure in opposition to the law, & not for it’s execution. I have recieved an impression from some cause or other that we had a convention with Spain for the mutual surrender of fugitives from justice in cases of murder & forgery: but on examining my collection of the laws here, (which however is imperfect) I do not find such an one. If we have such a Convention the murderer of his negro must certainly be given up.1 If we have not, he as certainly cannot. Of this I imagine you can satisfy yourself. If he is to be given up our constitution secures to him a previous trial by jury. He should be regularly indicted for having committed a certain crime within the territories of Spain, and the jury finding him guilty, the judgment of the court should be that he be delivered up to the Spanish authority. The case is of new creation by the convention, and should therefore take the course of analogous cases already known to the law.

The fact mentioned by Govr. Lewis, that the British have a fort on the isthmus near Carleton or Buck island is equally unknown & astonishing to me.2 Certainly we are bound to look into it immediately. The first step to be taken I think is to ascertain the fact, for which purpose I should suppose it best that Genl. Dearborne should send a discreet judicious officer to the place, with orders to do nothing more than to satisfy himself of the fact and report it to him. I think a new marshall should now be appointed for N. York, & will thank you to order a blank commission for this purpose to be forwarded to mr. Gallatin, as was settled before we parted.

I now return you the letters of P. Edwards, Cathcart Govr. Lewis, Turreau, & Govr. Claiborne;3 and I inclose to you for your office Mellimenni’s letter to me, Browne’s with an official report,4 Jones’s petn for a pardon,5 Govr. Claiborne’s & judge Hall’s recommendation in Perryman’s case,6 on which two last, pardons are to be issued; and Phelps’s letter to be lodged in the patent office.7

I am likely to be detained here a week more before I can set out for Bedford. My absence will be of about 10. days. If you can have my great coat put into the hands of the stage driver as he passes on Wednesday afternoon, I shall get it in time for my journey, and be very thankful to you for the accomodation. My affectionate salutations are tendered to yourself & mrs. Madison

Th: Jefferson

RC (DLC); FC (DLC: Jefferson Papers). RC docketed by JM. For surviving enclosures, see nn. 4–6.

1Jefferson evidently referred to the case reported in Cowles Mead to JM, 27 June 1806.

2Jefferson evidently referred to Morgan Lewis’s 26 July 1806 letter to JM, which has not been found. JM acknowledged its receipt in his 12 Aug. 1806 reply.

3Jefferson may have intended to refer to acting Mississippi Territory governor Cowles Mead (see note 1 above).

4Jefferson evidently enclosed Louisiana Territory secretary Joseph Browne’s letter to him of 8 or 14 July 1806 (DNA: RG 59, TP, Louisiana).

5Jefferson evidently enclosed an undated letter to him from John Law and others, recommending that Jason Jones be pardoned owing to his poverty and general good behavior, with a 1 Aug. 1806 note from judges William Cranch and Nicholas Fitzhugh seconding the request (DNA: RG 59, Petitions for Pardon). On 9 Sept. 1806 Jefferson remitted Jones’s fine for “assaulting and beating” three men in the District of Columbia (DNA: RG 59, PPR).

6Jefferson enclosed William C. C. Claiborne and Dominick A. Hall’s 27 June 1806 letter to him requesting a pardon for Muntford Perryman, who had been convicted of knowingly passing counterfeit notes of the Bank of the United States. Claiborne and Hall enclosed letters from Perryman’s brother stating why he should be pardoned (DNA: RG 59, Petitions for Pardon). The pardon was issued on 9 Sept. 1806 (DNA: RG 59, PPR).

7The enclosure has not been found, but see Jefferson to JM, 2 Aug. 1806, and n. 3.

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