James Madison Papers
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https://founders.archives.gov/documents/Madison/01-14-02-0228

To James Madison from Thomas Jefferson, 16 March 1792

From Thomas Jefferson

Mar. 16. 92.

Th: J. to J.M.

I inclose you my thoughts on a subject extremely difficult, and on which I would thank you for any observations. The exchange of criminals is so difficult between a free & an arbitrary government, that England never would consent to make a convention with any state on the subject. It has accordingly been hitherto the asylum of all fugitives from the oppressions of other governments. The subject is forced on us by the importunities of Govr. Pinkney,1 & in a day or two I must report on it to the President.

I will call for you a little before 4. to-day.

RC (DLC). Addressed by Jefferson. The enclosure was probably the report on the convention with Spain, which Jefferson later enclosed in his letter to the president of 22 Mar. 1792 (Ford, Writings of Jefferson description begins Paul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99). description ends , V, 481–85).

1On 18 Aug. 1791 Charles Pinckney, governor of South Carolina, had written the president concerning American fugitives in Spanish Florida, particularly Saint Augustine (DNA: RG 59, State Department, Miscellaneous Letters). Washington referred the matter to Jefferson (see Jefferson to Washington, 7 Nov. 1791, Ford, Writings of Jefferson description begins Paul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99). description ends , V, 385–87; Washington to Pinckney, 8 Nov. 1791, Fitzpatrick, Writings of Washington description begins John C. Fitzpatrick, ed., The Writings of George Washington, from the Original Manuscript Sources, 1745–1799 (39 vols.; Washington, 1931–44). description ends , XXXI, 413; Jefferson to Pinckney, 15 Dec. 1791, and enclosures [DLC: Jefferson Papers]). In a letter of 1 Apr. 1792, Jefferson indicated to Pinckney, using arguments similar to those in his letter to JM, that William Carmichael and William Short would propose a fugitive convention incorporating sufficient safeguards in their negotiations for a treaty with Spain (Ford, Writings of Jefferson description begins Paul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99). description ends , V, 492–93).

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