Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-11-04

these events circulated through III
c;,r and the bust Of indignation whicI
tIey excited, seemed to point TO tina
,.ri,ure ard woald have reRJered j
,fSc,cioas. But the s!oop vas un: Ct
nv. the calamitous situation Of tai
Fl, was adyerted to, nor was II doubt.
ed that captain Felix, would be ar
r.,ted under the gsns Oi Fort st. Phil,
socially a. il wls known that good
ei,iksn ani soidisr Of no ordinary fame,
commanded that post. Au EXPIRE. was
despatched to the tue fort With legal pro-
r,.s directed to the sheriff OF Plaquenine,
sgd BIZ y eat exertrou ;~rivei there be-
tre tire BeaYe'. NJ jnr Humphrey hav-
iar been properly called upon, with his
rSial firmness and promotitude, inform
Ell cant. Felix tra,'he must submit to the
cid authority of the siats, or he would
D. compelled 10 10 Sc.
IamediaieIy after his ar est, capt. Fe-
* was brought 10 this city, where be
received informatisn (,yhieh through mo-
;ivss Oh humanity had been communicate
cd him at Plaquemine) that his deteu-
ton wsuld De prutracted till he caused
tic inLhidaal in whose favor the writ ct
!aSfas corPsS had been issued, to DC forth
co.uins,. The seanan was according
Is sent for, brought back. aud after ma
tuce delIheration, discharged. His hon
O.. til, Judge, regretted that there was
TO law Oh the subject, nor Treaty prOvi-
sion between the two governments, and
thai under these circars stances tue Two
g-sernments must reciprocally suffer Tor
their iuattentisn to the subject: that con-
,-oyers:es Of iris nature mus, be govern
eddy TIE general principles of law, which
rcgliata oTliaary contracts that, there
fore, IL a voluntary contract between the
iniiyidlat and the British government
had been proved, it could only be enforc-
ell, Ike other contracts BY u suii and
that force could not BE- exercised bv in-
ting IaIs without the sanction of law
II thc captain could not have arrested the
Individual on shere, and there iOrced HIN
iutO Compliance with hiB cont; act, he
, could co. exercise force towarGs him on
bond his vessel, while she lay in our wa
Iyrs. For, in country governed BY
laws alone, accident YES 40 rights. and
id ppttls cannot exercise higher au,hO
ri'y ia enforcing compliance with con-
tracts than tAe c,vil authority OF the cOuI-
try. The captain urged with some psau-
sibii;sy, that even in the merchant ser,
vice, descrters could BE- summAriiy az
rested and delivered to tie authority Of
their officers; bat it was answered that
his was authorised by express statutes,
b. tn in England aud in the United States !;
and the fact that statates were deemed
necessary to grant the power in that case,
proved that It could not be exercised in
the other without some legal provision.-
The orders Of lis commanding officer to
arrest all deserters, which were pleaded
by the captain, could not authorize him
To violate our laws-indesd on subjects
of this nature his orders ueIe suspended
by the authority Of those laws, while, by
germissiOn OF our civil officers he remain
ed within their jurisdiction. The man
was liberated.
The captain having pleaded his ignor-
auce Of legal proceedings and the orders
OF his commandins officer; having mani
Tested, moreover, much regret for what
bad occurred. aud made the most ample
apologies, ~as discharged without being
imprisoned or even 6ned.