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treaty-the conduct of the two governments with respect to other offenders is left, as before the treaty, to their mutual discretion--but this discretion will doubtless advise the delivery of culprits for offences which affect the great Interests of society-The president approves of this opinion and of the communication of it to your Excellency.
Lord Dorchester's information respecting freeman is right-He had been convicted of forgery in the State of N Jersey, and some four or five years ago broke goal & fled to Canada.
The rule prescribed in the treaty for the delivery of persons charged with murder and forgery, will apply to those charged with other offences to wit-to be done on such evidence of criminality as by the laws of the place where the fugitive shall be found, would justify his arrest & commitment for trial, if the offence had been there committed. The expence also to be borne by those, who ask for the delivery of the fugitive
I have honor to be, with great respect, Your Excellency's most obt servt. TIMOTHY PICKERING. His Excellency Governor Chittenden Rutland VermontAfter requesting the advice of the house, His Excellency withdrew, and the house proceeded to business.
On motion, Ordered, that a committee of three to join such committee as the council shall appoint, be chosen, to draft and report to this house a bill, directing the mode of delivering up fugitives who have been guilty of offences in the province of Canada, and have fled to this state. Members chosen, Messrs. [Daniel] Farrand, [Amos] Marsh, and [Matthew] Lyon.'
P. M. Mr. Marsh moved for liberty to lay on the table the following resolution, namely,
Whereas his excellency, the Governor of this state, has communicated to the house a request from Lord Dorchester, to deliver up (if found within this state) two persons (to wit) Ephraim Barns, indicted for highway robbery and horse stealing, in the province of Canada, and James Clarkson Freeman, indicted in said province, for being accessary to said Barns in the aforesaid crimes; and has requested the advice of this house relative to the aforesaid request,
Therefore, Resolved, That it is the opinion of this house, that the great interest of society requires that offenders of the above description should be brought to condign punishment, and that his excellency be advised to deliver up the aforesaid culprits (if to be found within this state) agreeably to the request of Lord Dorchester.
Which being read, was adopted as a resolution of this house.
Mr. Jacob appeared in the house, and delivered the following message, viz.
That Governor and Council has received a resolution of the house, appointing a committee to join such committee as the council shall appoint, to draft and report "a bill directing the mode of delivering up fugitives, who have been guilty of offences in the province of Canada and have fled into this State.' That the object of his excellency, in the communication and request he made this morning, was to have a general law passed, prescribing the mode in which the chief magistrate shall proceed in all cases in which fugitives shall be requested to be delivered up, who have fled to this state from any foreign state; that the powers of the committee, being confined to the province of Canada, does [do] not fully embrace the object contemplated by his excellency the Gov
'Stephen Jacob was joined from Council.
ernor and Council, and they therefore wish the powers of the committee may be so far augmented as to authorize them to bring in a general bill: and he withdrew.
The house took under consideration the resolution appointing a committee to draft and report to the house a bill directing the mode of delivering up fugitives who have been guilty of offences in the province of Canada, and the message of Mr. Jacob, and on Motion, Resolved, That the said resolution be amended, by authorizing the Committee to make provision for the apprehension of fugitives who have fled from any of the United States, or from either of the provinces of Canada.'
An unsuccessful search has been made for any report from the committee, or any act of the legislature on the subject. In 1799, however, the question came up again, on an application from the then acting governor of Massachusetts to the governor of Vermont, for the extradition of Peter Gilson, who had been charged with the crime of forgery in Massachusetts. Gov. Tichenor submitted the application to the Council, when it was decided that Gilson could be arrested and extradited without any authority of the governor, and the agent of Massachusetts was referred to counsel for advice. This decision implied that some act, either of the United States or of Vermont, covered the case; but on further examination, the Council determined that a warrant should be issued by the governor, and the following form was adopted, with the resolution appended to provide for the same warrant in subsequent
"STATE OF VERMONT SS.
To the Sheriffs of the several Counties in this State of Vermont, or their several Deputies, Greeting
[L. S.] "Whereas application has been made to the Executive Authority of the state of Vermont, by the Executive authority of the Commonwealth of Massachusetts, accompanied with an authenticated copy of an indictment against Peter Gilson of Peperell, in the county of Middlesex, and Commonwealth of Massachusetts, annexed thereto, by which it appears, that the said Peter Gilson is charged with the crime of forgery, and that he has fled from justice, and is now residing in Hartland, or some other town, within the State of Vermont; and the executive authority of the said Commonwealth of Massachusetts, according to the Provisions of the Constitution of the United States, having requested the executive authority of the said State of Vermont to cause the said Peter Gilson to be apprehended and to be delivered over to Simon Larned Esquire, Sheriff of the County of Berkshire in said Commonwealth, that he may be brought to justice.
These Presents, are therefore, by the authority vested in me by the Constitution and laws of the United States, and by and with the advice of the Council of this State, to command you, and each of you, immediately and without delay, to cause the said Peter Gilson, if he may be found within your several precincts, to be arrested, and to be secured, within some good and sufficient goal, within the county in which such arrest shall be made, if there be such goal within such county, and if there be no such goal within such county, then to be secured within some
1 Printed Assembly Journal for 1796, pp. 152-154, 160, 161.
For the action of the Council on Gilson's case, see ante, pp. 219-20, 226.
good and sufficient goal in some adjacent county, and immediately upon such arrest and commitment, to give notice thereof, to the subscribing authority. And the keeper of such goal is hereby directed and commanded, to receive the said Peter Gilson, and him safely keep, and deliver to such agent, as is or shall be duly authorized and empowered by the executive authority of the said Commonwealth of Massachusetts, to receive the said Peter Gilson-And if no such agent shall appear, within six months after such arrest, to receive the said Peter, then the keeper of said goal is hereby directed and commanded, to release the said Peter Gilson. And for all and singular, the doings of such keeper of the goal, agreeably to the precepts hereof, a copy of this warrant, attested by the officer executing the same, shall be a sufficient authority. "Hereof fail not, but of this warrant, with the doings thereon, make due return.
"In Testimony whereof, I, Isaac Tichenor, Governor, and Commander in chief, in, and over the state of Vermont, have caused the seal of this State to be hereunto affixed, this 17th day of October A. D. 1799.
ISAAC TICHENOR. RICHD. WHITNEY Secy."
"By his Excellency's Command And Resolved, further, That in future, on application to the Governor and commander in chief, in and over this State, or to the supreme executive power thereof, for a similar purpose; That the Governor, or person filling and exercising the office of Governor, for the time being, be and he hereby is advised by Council, to issue his warrant or precept, mutatis mutandis, agreeably to the foregoing form, without further or other advice of Council.
ADDRESSES OF THE LEGISLATURE OF VERMONT TO THE PRESIDENT OF THE UNITED STATES,
AND ANSWERS THERETO.
ADDRESS TO PRESIDENT WASHINGTON.-1796.
IN GENERAL ASSEMBLY 17th October 1796. On motion, Resolved, That the following persons be a Committee to draft an address in the name of the legislature of this state, to the presieent of the United States, in answer to his late [farewell] address to his fellow citizens, viz. Mr. Speaker [Lewis R. Morris,] Mr. [Amos] Marsh, and Mr. [Daniel] Farrand.
25th Oct.-The committee appointed to draft and report an address to the president of the United States, in answer to his late address to his fellow citizens, reported as follows, viz.
“An address from the legislature of the state of Vermont, to the President of the United States.
"Sir, From the unrecognized situation of this state, the legislature had not an opportunity in common with their sister states, to anticipate by an address, the blessings which were expected from your administration; permit us now, with sincere satisfaction, to assure you, that_the event has justified the most sanguine hopes of the legislature of Vermont, and their constituents.
"When we contrast the gloomy aspect, both of our domestic and foreign affairs, a few years since, with the flattering prospect now before us, we at once appreciate the advantages which immediately result from one general government, and the justice, magnanimity and moderation which has marked your administration.
"Convinced of our true interest, you have successfully opposed faction, and maintained that neutrality so necessary to our national honour and peace-accept, sir, the only acknowledgment in our power to make, or yours to receive, the gratitude of a free people.
"Ardently as we wish your continuance in public office, yet when we reflect on the years of anxiety you have spent in your country's services, we must reluctantly acquiesce in your wishes, and consent that you should pass the evening of your days, in reviewing a well spent life, and looking forward to scenes beyond the grave, where our prayers shall ascend for a complete reward for all your services, in a happy immortal
ity: and we receive your address to your fellow citizens, as expressive of the highest zeal for their prosperity, and containing the best advice to ensure its continuance.
"We cannot, sir, close this address (probably the last public communication we may have occasion to make to you) without assuring you of our affection and respect. May the shade of private life be as grateful to you as the splendor of your public life has been useful to your country. "We shall recollect you with fillial affection; your advice as an inestimable legacy, and shall pride ourselves in teaching our children the importance of that advice, and a humble imitation of your example." Which report was read and unanimously adopted. The same being then signed by the Speaker, and countersigned by the clerk, on motion, Resolved, That the governor and council be requested to concur in the foregoing address to the president of the United States; and that the same be presented to the president by the senators in congress from this
IN COUNCIL, Oct. 27 1796.
An Address from the House to the President of the United States requesting the Concurrence of the Gov" & Council, Read & Resolved to Concurr accordingly.
U. S. Senators for Vermont to Gov. Chittenden.
PHILADELPHIA Jany 24th. 1797 1
Sir On the 12th. ultimo we presented the Address of the Legislature of Vermont to the President of the United States & on the same day received his Answer, which we respectfully transmit to your Excellency to be communicated to the Council and Gen1 Assembly.-We are with perfect Sentiments of Esteem Your Obt & Humble Serts
His Excelly. Thos. Chittenden.*
REPLY OF PRESIDENT WASHINGTON.
To Elijah Paine and Isaac Tichenor Esqrs Senators in Congress from the State of Vermont.
Gentlemen, With particular pleasure I receive the unanimous address of the Council and General Assembly of the State of Vermont.-Although but lately admitted into the Union, yet the importance of your State, its love of liberty and its energy, were manifested in the earliest periods of the revolution which established our Independence. Unconnected in name only, but in reality united with the confederated States, these felt and acknowledged the benefits of your cooperation. Their mutual safety and advantage duly appreciated, will never permit this Union to be dissolved.
I enjoy great happiness in the testimony you have presented, and in the other proofs exhibited from various parts of our Country, that the operations of the general Government have justified the hopes of our citizens at its formation, which is recognized as the era of national prosperity. The voluntary acknowledgments of my fellow citizens persuade me to believe that my agency has contributed to produce this
1 The transmission of the President's answer was delayed, as the legislature was not to meet until the 14th of the then next February. Ms. Vermont State Papers, Vol. 24, p. 97.