Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-09-04


As we have clearly proved in last Saturdays pa
per- by the treaty of 1922 concluded between France
and the u. States the nations agreeing 10 favor
theconmerce and navigation Of each as far possible
have agreed under certain conditions 10 surrender mu-
unlly ALL THEIR DEsERrxas, and not, a. the "Csurer
and Enssirer'' says with its usual display of igno-
rance, only the deserters from ships of war.
The American courts of law by their decisions
have invariably confirmed the clauses Of this treaty,
and have even decided in the NEST positive manner
very lately at Boston, that all the persons shipped
board vessel and drawing pay for their services,
belong ts what is called the cre1u, except the captain
of the vessel and that one of the crew, master
| or any other officer on beard, has the right merely
sailor, Of stopping the vessel and cargo for the
payment Of their wages Now, according to these
well established principles and throwing aside all
the circumstances attending upon Marsaud and Ray
mond previous to their liberation from prison the
charge Of piracy as ordered by the American Judge
at Providence, these sailors found themselves, in
consequence of their refusal 10 60 with the Alexar-
der to France, in the dilemma of being ordinary de-
serters. They were each according TO all therequred
official documents-that is, they belonged TO the
crew Of the French ship Alexander according 10 the
ships company roll which ranked Marsaud as quar-
Ter master in The merchant marine, and commander
on board in consequence of the death of the first
captain, and placed Raymond in the rank of COM
mon sailor and in these capacities they had deserted
their ship. These could be arrested by the local
authorities in any part of the United States, and e-
galy sent TO the Consular Agents Of the nation TO
which they belonged.
If such BE the law, if Marsaud and his companion
be truly in The category of raerc desersrs, who ac-
cordng TO the provisions Of the treaty existing be.
tween France and the United States, ought TO be
gwen up as SUCH what necessity was there for kid
mapping or violence? The warrant of the American
magistrate legally obtained against them, could have
been lawfully executed with the requisite formates
for it cannot for moment be supposed, that Amer
can judges would have found in the circumstances of
these two men, a, least guilty of robbery and bara-
try, sufcien, reasons to have elevated them from
their true position and rights, or in other words, 10
have bestowed upen them the rights and advantages
Of citizenship What then prevented the execution
of so plain right? Il is this: these two deserters
seeing the certainty of being in the end, back
France, by force, wished to make merit of their
good Intentions; and, in surenderine themselves of
their own free will they prevented the serving Of the
writ.
Itlsa matter of notoriety that they went on board
the vessels Of war al noon day. and that they did not
ask the assistance Of any one, though surrounded by
great crowd, protect them frsE the force alleged
to have been used against them.
As 10 the grave assertion that the DdoRfngate was
sent hther expressly from Martinique where she had
been cruising for year past 10 take away by force
these two sahsrs, it is improbable as not even to
merit combustion. Such an act would have been an
unnecessary violation of the institutions Of friendly
country, towards which France and her government
have always manifested the most sincere ssnt-
ments of good feeling and brotherhood.
In conclusion, it should be remembered that
France asks favors of the United States. AL she
asks is the enjoy ment of right voluntarily granted
to her by this countrythe right Of claiming desert
ers from her marine. This right is far more import
an, TO the American merchant marine than 10 that OF
France, fer the former appears in the ports Of the
latter far more frequently than The French flag in this
country.