Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-09-01

Our readers were no doubt, astonished at the re-
serve with which we alluded 70 this affair in our
last number. They are deceived, however, il they
attribute to being the wrong side of tho ques-
ton the silence which we were slow to break. Ii
would have been very easy for to have anticipated
the clamor raised against measure the perfect lega-
lily of which we have sustained. But we have been
% disguised At seeing certain prints in New York
nisrepressnt facts and deny principles for the sim
pie purpose of accusing wanlonly friendly nation,
and of breaking up a sympathy Of such long stand
ing between the United States and France now,
doubtless annoying to certain classes that we pur-
posely on this occasion, left the field free to those
who wished TO exhibit their spleen and want of no.
norabe feeling only reservng to ourselves to correct
their Misrepresentation, and 70 hold up to the public
the code OF morals by which they are governed Our
contemporaries have made our task easier, and af-
forded more satisfactory elements for thorough cas-
ugation than we could have dared to hope for. Had
we been permitted TO have anticipated, in order te
Tefute before hand all the falsehood which their en-
nifty and ignorance have suggested in such ahun-
dance, we should have been properly accused of Don
4uisetisn, for the purpose of making enemies at
pleasure in order to afford ourselves the opportunity
Of giving them battle.
The facts are these. Two men, whose suspicious,
ifp0t guilty course of conduct was well known in
this community, for the matter was discussed in every
possible form some time since, have been placed on
board French ship Of war; TO be sent back TO
France where they will have answer for their acts
and deeds. We will not enter into discussion on
the question, how far it proper for journalists to be
igRorant of the treaties existing between France and
the United States of America; but we will inquire if
in matter on which they entertain serious doubts,
they were not bound TO admit the legality of mea-
ordered by responsible functionaes of an order
taken out and executed in open day7 This course
would have left them free to examine At leisure into
the laws and treaties pertaining to the matter in ques-
ton, and 10 defend those statutes if they have been
violated. This course would have been logical one;
but contemporaries preferred to dsdain resort to
reason, and treated the subject in the most passion
ale manner. As we said above, these Journalistic, de-
nyng principles and mis- stating facts, have boldly de-
clarsd that the constitution Of the United States did
not althorise in any case the delivering up of for
cgners, whether guilty not Of crime provided they
placsd themselves under the protection of the laws
Of the country. And what is stranger STILL they
swore though confsssng ignorance of the cir
camstances of the arrest, that all the forms Of legal
protection had been violated! II was urged in reply
that there existed treaties relative to dessrtcrs from
the marines Of the two powers; but instead Of ex.
aiming these treaties ofthese journals have dis
regarded the plea and still continue their declamaiory
abuse Of the French authorities Others, the "Cou-
rier and Enquirer" for instance, have advanced the
notion, that the provisions Of these treaties only re-
lated to deserlers from the war marine of the two
nations. ION this plea" adds the Courer,' "thess
man cannst be considered as descrtera" We need
hardly say here that the height of their fury, the
editors Of the Courier have demanded that all those
concerned in what they call this "higk handed out.
rsge," from the Consul General down TO the Cohsta-
hles should be sacrificed n victims to satisfy this pre-
tended insult upon the national honor.
We should be guilty Of altering fslsehood, il we
said that we de- not take up with pleasure the gaun
lei that the "Courier'' has thrown at our feet We
will oppose him with his own weapons. Ii will be
ssicient to convict that journal of the grossest sr-
ror, 10 cite the text Of known treaties, and state
few usdeniable facts
We have before US document entitled :-"Au treaty
sf Navigation and Commerce between His Majesty
the King of France and Navarro and the United
States of America" tbs dated si Washington, the
24lh day Of Juse, 1922, A. D., and bears the sigma.
tsres Of John Quincy adams and O. Hyde de Neu.
sais, ambassador OF Loui. XVIII. We will loan
sh1 a0"ty WIN Pscs~ssc " my VI wi SOhACshp0ta-
RES who may wish to consult its provisions Here
are two extracts from il
1.-THE hgh contracting parties desiring to favsr BY
all the means N their power their united commerce.
IN giving in their ports every assistance necessary TO
their respective vessels, have agreed, that the Con-
sals and Vice Censuls shall have power 10 cause the
arrest Of sailors making part Of the crew of the ves
sells belonging to the tive respective nations who
might have deserted from the said vessels to send
them back and to carry them out Of the cosntry-
To this effect the sad Consus and Vice Conssls
shall apply 10 the competent tribunals, judges and
officers and shall make Of them in writing, the de-
msnd for said desertsrs justynq il by the exhibition
Of the registers of the vessel or roll Of the ships com
pany or any other eciai docsmenas to the eject that
the said men constituted part Of the said crew. And
upon this demand 30 sustained, the surrender of the
mca 30 claimed shall moi be refused and there shall
be given every aid and assistance to the said Consus
and Vice Consus for the search, seizure and arrest
Of the said deseriers who shall be detained and
kept in the prisons Of the country, NJ their expense
until an oppsuunity for sending them back But IL
they shall not be sent back after detention of three
naonths reckoning from the day Of their arrest they
shall be at liberty and shaIl not thereafter be subject
10 arres, for the same cause"
What does the "Ceurer and Enqurcr" think Of
fhisf Will il persist in saying that the desertsrs
from the war marine only are lawful SUBJECTS Of
readcr7 Will il still insist that we shsuld blindly
Subscribe to its Interpretation Of the Law Of nauons
The provisions Of the treaty above quoted are express
sed in terms 20 precise 40 OK pcit m ~, uccd M cara