Portland gazette and Maine advertiser., 1807-11-30

4
| Campbell, Esq. commander, and While in
this bay was delivered up in consequence
| of ORDERS from the French Admiral,
| Mons. Rosily
JAMES M'CANN, ConsaLaf Agent.
The above case establishes the following
! principles laid down by one writer-lst.
! That France does not admit the right of
her citizens to expatriate themselves in time
| of War 3D. Thuteshe does lot carry her
courtesy and respect for our flag so far as
| Great Britain dOes-that She claims The
right to demand her seamen (tA0ngh not de-
serteysJ from even our bt.6fc shiPs.-Great-
! Britain on the contrary, rest torres Them ifthey
AeSer, though Englshmen, and she onfy
claims the right to take out her own subjects
from our Private Merchant Ships.
The next case we shall cite, is that
Of the Constitution, Capt Rogers. In
July, 1905, two British sailors who had
entered and were serving on board the
U. S. ship Constitution, Capt Rogers,
deserted from said ship, while lying at
Malta, British garrison, and entered
on board the Pbebe British frigate, cap
tain Capell, and claimed his protection
as British subjects. Capt. Rogers de-
manded these men Of the Captain of
the Phebe, who at first hesitated about
delivering them, but upon further dis
cussion he delivered these British sub
jects up to Capt. Rogers, who caused
them to be punished.
This case is very important II proves
| that in a garrison where the pride of militia
r. power would be expected to be trr9o1ni-
nant, the rights of public armed ship,
! which had entered seamen in a foreign coun-
| try, were considered bayurnatnt to the rights
Of British subjects claiming protection in
| their own country-and this too when Great
! Britain gUdS a, Svdr. We conceive that the
courtesy Of the British officers, and their
| respect for our flag, carried ih,m too far
because we esteem it clear that though a ci-
| .izen Of nation a. peace may sometimes
| lawfully enter into foreign service, vet it is
| perfectly settled that no such right exists in
! time Of war, OF rather-while the country
| Of which such seamen IS a subject Is at 7ray.
But the British officers considered, tha'
the delicscy and respect due to the public
flag forbade them to enqdi z into tile nation
al character Of the deserters, especially in
foreign country, where il could rot Be sllppos-
Cd that the American officers could be pre-
| pared to furnish proofs Of the citizenship Of
| the persons claimed. 50 in the case Of the
/ four Englishmen claimed as deserters from
| the Halifax, 1t could not he expected that
| the officers Of the British ships could
| be prepared to prove that they were ma
! tive Englshmen, though the fact has since
been perfectly established Every man Of
4 sense viii perceive that to admit that the
! officers OF a public armed ship, at 5000 miles
/ from their own country should be compelled
! 10 furnish evidence of the citizenship Of
their crews, would not only be incoTenient
but directly opposed to the settled usage
and principles that The roll or muster Of
public ships company, is conclusive evil
dence of their national character
This latter principle is set up in our oVOn
/ favor III the case Of the deserters received
in the Chesapeake, but if it is forgotten that
where there are conflicting rights of the
same nature, Of the same sacred obligation
| the prior ones must attach. Ii is rot denied
| that the British were the first posse sOrs in
| their public ships of the men demanded as
| well as the men taken, and as such all the
| principles admitted BY Lord Nelson, and
! Capt CaPell applied, and still more strongly
| because they were at 7var and we at beace in
Tie case Of the Chesapeake.
A1other Ca8e.--The Talelreusc
French frigate lost four seamen. They
entered, for aught appears to the con-
trary, into the service Of one of our
merchant vessels without the knoWl-
edge Of the master that they were de-
acrters, They were met with at sea on
board the merchant vessel in which
they had entered, by the French Admi-
raj UTL1aumez-he not only took them
out, but desired Mons Turreau to de-
mand compensation of our Government
for the improper act of one of our ci-
tizens in enlisling ignorantiy French
| de8erter.
This case proves that the French officer
consider that by The law Of Nations, for
F, eign nation cannot even employ the desert
ers from thepublic service Of another friend
| N nation 10 do 50, or to permit il 10 be
done is an offence requiring PREPARATION.
Still another case-In December
1902, the Adams Frigate was lying in
GiJTaltar-one Of the petty officers, the
boatswain's yeoman, deserted and en-
tered the fort, and claimed protection as
q British subject. The commander of
the adams made application TO General
Barnet, the second in command, to have
him restored ; he was arrested, restor-
ed, and though an EngIlshman, brought
away to America.
The above case supports allthe principles
bove stated.
The following Case supports the opinion,
nat officers at distance from their ccuntry
eel justified in supporting the righte Of ,1cir
NM. - Ma o., nr,r,nnl N farce