when they
came into port will prove this, and they were seen by witnesses enough,
to whom their accusers, being at their liberty, can have access.
Besides, the sale of a part of their tobacco is a fact, which, had it
taken place, might have been proved; but they deny that it has been
proved, or ever can be proved by true men, because it never existed. And
they hope the justice of this country does not permit strangers, seeking
in her ports an asylum from death, to be thrown into jail and continued
there indefinitely, on the possibility of a fact, without any proof.
More especially when, as in the present case, a demonstration to the
contrary is furnished by their clearance, which shows they never had
more than eight hogsheads of tobacco on board, of which one had been put
ashore at Hampton in Virginia, as has been before related, and the seven
others remained when they first entered port. If they had been smugglers
of tobacco, the opposite coast offered a much fairer field, because the
gain there is as great; because they understand the language and laws of
the country, they know its harbors and coasts, and have connections
in them. These circumstances are so important to smugglers, that it
is believed no instance has ever occurred of the contraband tobacco,
attempted on this side the channel, by a crew wholly American. Be this
as it may, they are not of that description of men.

As to the second charge, that they have entered a port of France in
a vessel of less than thirty tons' burthen, they, in the first place,
observe, that they saw the guager measure the vessel, and affirm that
his method of measuring could render little more than half her true
contents: but they say, further, that were she below the size of thirty
tons, and, when entering the port, had they known of the alternative of
either forfeiting their vessel and cargo, or of perishing at sea; they
must still have entered the port: the loss of their vessel and cargo
being the lesser evil. But the character of the lawgiver assures
them, that the intention of his laws are perverted, when misapplied to
persons, who, under their circumstances, take refuge in his ports. They
have no occasion to recur from his clemency to his justice, by claiming
the benefit of that article in the treaty which binds the two nations
together, and which assures to the fugitives of either from the dangers
of the sea, a hospitable reception and necessary aids in the ports of
the othe