P .arEns OF MIRABEAU BuoN.APARTE LAJ1rAR
407
_prefer that Mr Sandusky's contract should continue as made in accord- .ance. with the proposals received from him. Very respectfully JAS. H. STARR
(Addressed:] To His Excellency l\L B. Lamar Present [Endorsed :] · J as H. Starr Secy' Treasury Feb. 8th 1840.
No. 1722. CHARLES H. STEWART TO LAMAR
City of Austin February 14th. rn,10
His Ex. M B LAMAR
President of the Republic of Texas.
.Sm. Permit me respectfully to suggest for the consideration of your Ex- cellency some views in relation to the application I make, as agent for the State of Michigan. The demand is to allow Michigan to arrest one of her Citizens, not being a Citizen of Texas As there is no treaty stipulation nor pro- hibition by the Texian constitution the Government is permitted to ·entertain the demand on the comity & usages existing between the .civilized nations of the world & it is not doubted that this young re- public will give them a construction liberal & extended, to the use of their powers. .l\I r Jefferson has suggested some views on the subject but in these will be viewed the opinions of a single statesman & a great one indeed, but still subject to error. Taking however his views to be correct . . . [faded] when expressed in reference to a de- mand of England on the U. States: considering the great dispropor- tion of punishment to crime in the first country, & the great discrep- .ancy in the punishments in both to the same crime the one punishing a theft of a few pence with death the one a monarchy-& the other a Republic and Jefferson concludes that the comity of nations does [not ?] apply to such a demand however this may be the present presents the reverse: the demand is between republics having the same .general basis-a republican constitution-institutions- views of crime- applications of punishment- All similar countries, too, where con- tiguity of situation similarity of habits, of language-neutral trade & friendly intercourse, draw closer the bond of Union & friendly feeling: All these considerations render Mr Jeffersons reasoning inapplicable to the present demand. Texas tho' an Independent sovereignty, may be considered as one of the great family of the United States, she has .adopted the same forms & general principles as her model, & will she not be governed by the same usages in regard to criminals she has made her demand on Louisiana (. . . [mutilated] by the Consuls letter) and they have been promptly answered: will she not now re- ciprocate on the first formal demand, of a crime of the present nature? Michigan had such conficfonce in her faith that she sent two agents at Great expense; nearly 3000 travelled miles, to make a demand: the crime is one of no ordinary guilt. it contains every aggravation.- perjury-forgery-swindling-& on the largest scale too-have been developed in the legal action : the demanded person has bren the prime mover others are indicted with him but cannot be brought to justice
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