Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-09-04
One word more about AsrsssA and Ray

mOnd.
As we have clearly proved in last Saturday pa
per, by the treaty Of 1922 concluded between France
and the u States the tive nations agreeing 10 favor
the commerce and navigation ofeach as far spossbe,
have agreed under certain conditions 10 surrender mu-
tualy ALL THEIR DEsERrKns, and not, az the "Csarer
and Ensairer' 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 Boston, that all the persons shipped on
board vessel and drawing pay for their services,
belong 10 what is called the creic except the captain
Of the vessel and that of the crew, master,
or any other officer board, has the right merely
as 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 10 their Liberation from prison on the
charge of piracy as ordered by the American isdge
at Providence, these sailors found themselves, in
consequence of their refusal 10 90 with the Aexan-
der TO France, IN the dilemma of being ordinary de-
sererS They each according 10 all therequlred
official documents-that is, they belonged TO the
crew Of the French ship Alexander according 10 the
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 men could be arrested by the local
authorities in any part of the United STATES, and le-
gally 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 ere desertsrs who, ac-
cording 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 ag,ns, them, could have
been lawful executed with the requisite formalitles
for it cannot for moment be supposed, that Amer
judges would have found in the circumstances Of
these two men, a, least guilty Of robbery and bara-
try, sufficient reasons TO have elevated them from
their true position and rights o., in other words, 10
have bestowed upon them the richts and advantages
of citizenship. What then prevented the execution
of plain right? Ii is this these two deserers,
seeing the certainty of being, in the end sent back TO
France, by force, wished to make merit of their
good Intentions; and, in surrenderinR themselves of
their own free will they prevented the serving of the
writ.
It's matter Of noioriety that they went on board
the vessels of war at noon day. and that they did not
ask the assistance of any one though surrounded by
great crowd, protect them frsm the force alleged
to have been used against them.
As 10 the grave assertion that the DidoR frgate
sent hher expressly from Martinique where she had
been cruising for year past TO take away, by force
these sahers, it IS improbable as not even to
merit confut alton Such an act would have been an
unnecessary violation of the institutions ola friendly
couatry, towards which France and her government
have always manifested the most sincere ssRti-
ments of good feeling and brotherhood
In conclusion, it should be remembered tina,
France asks no favers of the United States All she
asks is the enjoyment of right voluntarily granted
to her by this Countryside right Of claiming desert
ers from her marine. This night is far more import
an, 10 the American merchant marine than TO that OF
France fer the former appears in the ports of the
latter far more frequently than the French flag in this
country.