To John Jay from Oliver Wolcott, 30 January 1796
From Oliver Wolcott
Litchfield January 30th. 1796
Sir
In consequence of the death of our late Worthy Governor,1 the duties of that office have devolved upon me, as Lieut. Governor of the State. And I therefore take the liberty to inclose to your Excellency, the Copy of a Bill, authenticated by George Pitkin Esqr. the Clerk of our Superior Court, found by the G[rand]. Jury of Litchfield County, against Ahimaaz C. Punderson and James Chandler for having commited a fraud upon the Treasury of this State, and who as I am informed have for several Months past secreted themselves within the State of New York— one of whom I am well assured, was a few days ago, in Dutchess County, and there associated with persons of the most suspicious Characters— I have therefore to request Your Excellency that agreeable to a Law of Congress,2 You would issue Your Warrant, to apprehend these men, and that they be delivered to the Order of the Executive of this State, that they may be brought to a legal Tryal— And as they are the fugitives from Justice, I wish that Your Warrant might be directed to every Officer of your State, qualified to serve the Same, and that You will please to transmit it to me, that I might appoint some person to advise relative to the Execution, so as to insure its success—
We have no right to expect that Your Excellency will issue a Warrant unauthorised by Law, at the same time You will permit me to observe, that I conceive that our Criminal Law, as relative to our local Relations, must be extremely precarious in its operation, as it now is, a person may commit the most atrocious felony, and he has only to step over the line of the State, and he is perfectly secure, till a Bill shall be found against him, which by the unfrequency of our Judicial Session, may be several Months after the Crime has been committed, and the perpetrator of it, fully known. In consequence, his escape, is rendered easy and secure into any part of the World—
The National Constitution establishes a right relative to this Subject, but imposes no restraint upon the internal police of a State— Connecticut therefore continues in force, an Ancient law, the substance of which is, that if any person convicted of a Crime for which a Corporal punishment may be inflicted, or shall flee from a prosecution of this Nature from another State into this, the person charged with an Original Order, or having legal authority within the State from which such fugitive fled, to apprehend him, may apply to any magistrate within this State, and obtain a Warrant to arrest such person, and to bring him before any Magistrate, and if upon an examination such Magistrate shall be convinced that such person is a fugitive from Justice, he shall remand him, to some proper Officer within the State from which he fled, to be by him disposed of—
I shall engage the post to deliver Your Excellency this Letter as soon as he shall arrive at New York, and if it shall not be inconvenient, I wish that Your Warrant may be transmitted upon his Return, otherwise that it might be deposited in the post Office—3 I am Sir with respect and esteem, Yours Excellency’s Most Obedient and humble Servant,
(signed) Oliver Wolcott
Governor Jay—
LbkC, N: Governor’s Lbk. 2 (EJ: 03214). An enclosure entitled “Copy of the Indictment” appears in the document following the final signature. It contains the indictment of Punderson and Chandler that was drawn up by the Litchfield County Superior Court on 27 Aug. 1795.
1. Samuel Huntington, governor of Connecticut, 1786–96. Huntington had made a similar request six months earlier. See Huntington to JJ, 14 July 1795, above.
2. “An Act respecting fugitives from justice, and persons escaping from the service of their masters,” 12 Feb. 1793, , 1: 302–5.