Samuel Roberts to Joseph Eve, August 17, 1841

Summary: Roberts answered Eve's inquiry about a request by the United States to hand over a thief named Moro Philips. Philips had stolen two slaves from Louisiana and fled to Texas, upon which the U.S. demanded that the Texas government return Philips for trial. Roberts and the President of Texas refused because the U.S. and Texas did not have a treaty covering the return of fugitives between the two governments. Roberts was also disinclined to carry out the request because the U.S. had specifically said that, if the roles were reversed, they would not honor such a request from Texas.

DEPARTMENT OF STATE

Austin August 17th 1841.

SIR:

Your communication of the 31st ult, the receipt of which was acknowledged in my note to you of the 11th Inst. has been submitted to the President and I have his instructions to make the following reply.

Among the papers accompan[y]ing that communication is a certified copy of an indictment "found by one of the Criminal Courts for the State of Louisiana" against one Moro Philips for stealing two negro Slaves in the said State of Louisiana, and who, it is alledged, has "fled with them to the Republic of Texas".

In a subsequent part of your communication you say--"In the absence of a Treaty stipulation with the two Governments, upon the subject of fugitives from justice, I am aware that the surrender of Philips cannot be claimed as a matter of right. It has however been understood and believed in the United States that the Government

of Texas, from feelings of comity which exist between the two Republic's, would not be disinclined to surrender to the proper authorities fugitives from justice from the United States," and that you are "therefore instructed by the Government of the United States to request through you (me) that the Government of Texas surrender the said Moro Philips to the proper authorities of Louisiana." Whatever may be the "feelings" which this Government entertains on this Subject, the avowal of the accredited agent of the United States on a recent occasion, when making a similar demand of this Government, "that the Executive of the United States is not empowered to deliver Criminals to foreign Governments in the absence of Treaty stipulations to that effect" would of itself be amply sufficient to justify the President in refusing to comply with your request even if his constitutional right to do so, was clear and unquestionable; for it surely cannot be expected of one nation, to exercise an act of international courtesy, when it is distinctly informed before hand that the same act, under similar circumstances would not be reciprocated. I do not mean now to intimate, what course this Government would have pursued if the case had been differently presented. I know of no public act or declaration on the part of this Government, which authorizes the inference that it (the Government) would not be disinclined to surrender to the proper authorities, "fugitives from justice from the United States" nor indeed do I understand you as deducing your inference from any such authority. If I am mistaken in this you will correct me. But even then the President would feel himself clearly absolved from any obligation he might otherwise have felt himself under, by the official avowal of the policy as above quoted, which the Executive of the United States would pursue in like cases towards this Government.

In no view of the case does the President then feel that he is called on to deliver to the United State, Moro Philips, who, it is alledged, is a fugitive from justice; and I am therefore instructed by the President to inform you that he declines, for the reasons above given, complying with your request.

It affords me much pleasure Sir, to furnish you with a copy of the Treaty between this Government and France, as you request. It is sent with this Communication.

I avail myself of this occasion to renew to you assurances of my high regard and consideration.

SAML A ROBERTS

Acting Secy of State.

Hon JOSEPH EVE

Charge d'affaires. U.S.A.

Source Copy Consulted: Samuel Roberts to Joseph Eve, August 17, 1841, George Garrison, ed., Diplomatic Correspondence of the Republic of Texas, Annual Report of the American Historical Association for the Year 1908, (Washington, D.C.: Government Printing Office, 1911), 3 vols., 2: 94-95