Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-09-21

~ haagd t'c vessel or, !, ct'er words, 10 !
;oMnrel his dspartI;se from tke u. STATES.
Eases nave nccii red, in which procsss of |
this natare have been Issued but as far as
aiy researcs has gone. thu process has been
exclusively founded upon the courea.iona,
law nj nations, or in other terms, upon
express S'ipntatioas By treaty.
In examining the tats treaty with Great
Rritain (made atGhentl no provision If
'i,c uaturc alluded to is to be found: and.
OF course, the general ta,c of nations only
oan be applied-Undes our former treaty
w'th Franco, an express provision was IN
tr"dneei whethes it has been since con-
'inued by later compact, L cannot ascer-
| am, not lia''ng the public documents un-
der ny inspection.
Nhatthcn is the genera, lac ofrations?
a recourse will mt be had tn quotations
'r"in Vatte'. Grotius, Puifendorf, or other
emiicnt writers; but will be satisfied
with drawing your attention to The reouisi-
ton made by MIR. Genet, the French min.
ister here, 10 17o3, compliance with
which was refus ed by the government OF
the United States. during the administta.
tion of president Washington.
The silence Vt Mr.. Genet unon the re-
ceiPt OF Nc. Jelterson's answer. leads 10
the conclusion that the former acoiiiescel
IN the position assumed by the latter. Tie
i'i'owias Is ti'e substance OF Mr. Genetis
letter
Galbaul. 'Fansuv, and Others, had teen
onboard same Preach vessels in she waters
OF the United States, and had been actors
in mutiny,aud had escaped from on board
the French ship Jupiter, In fhe state of n.
york; the application Of Sir. Genet was.
that the United States governments would
cause them to be arrested.
To this application, Mr. Jefferson, who
was then secretary of state, made reply
: ihe inos If fhis country take no notice
c7'tR'es committed olst of It's Jurisdiction
The most atroeious offender corning within
their pale, is received By them r.. on inno-
cent man, and they haze authorized no one
to seize Or det;rer him.''
am aware of the practices prevalent In
some nations Of Europe; and have no doubt
but that an American seaman desesting in
some OF The foreign ports, would be ordered
10 return to his vessel for the performance
or the voyage. But cases nave occurred,
even IN England, where interference was
refused. Different states have adoptea
different regulations. In some, redrcss
must be sought fur through the aamircl.Y /:
u o5asrs, the municipal ragpat;ons IF the
countrY.t0unded upon statutary provisions.
may suffice; EUt in those 1ations where
there are no established laws. the will of
The magistrate operates rs law. end This
can torn no rule, because the aefs Of one
P1an are not birding Oh MS successor.
~ !ast, however, It is resolved into wbat
IS termed the comfy affections. IFS intro
ductlnh amongst us is mater of desi,e
r9t-ot regret. Strong, however. as that
"eslre may be- reflection win hes ca .e 10
giving an assent 70 the exc cise ofiirlsdI.-
ton, IN cases Of this kind, to .ainc1 Iaauis.
crates, IN hastily sending emigrants from
any country, under thelp protection Of whose
laws they seek refuge
The act of Congress-, which NAV he en- /.
ptatacatty styled part Of oar navigation
system, bears no operation upon this sub
Ject; 1t refers to seamen emploved in ON,
oion r'esSetS, and Mldsi. orr ole6 L1,,S. Il
men. = '0'
The reasons for the refusal to grant ,be
writ, are thus hastily throws togstber. \
may be wrong :but under present impres.
SONS, all process IA cases aoalogons "a
yours WILL be refused. IS z
~ or. ~ ------, .Uerckduf.