m
it, especially as it cannot be presumed that the charge made against
them is destitute of probability.

"As to the circumstance of your crew's being subjects of the King of
France, I cannot think that any argument to justify your detaining
them can be drawn from it. For admitting them to be French subjects,
yet as it may be lawful for them (Spain and France being allies) to
enter into the service of Spain, the right of Spain to enlist must
necessarily involve a right to compel obedience, and also to retake
and punish deserters. Besides, as any questions about the legality of
such enlistments concern only those two crowns, Americans cannot with
propriety interfere.

"In whatever light I view this affair, I cannot perceive the least
right that you can have to detain these men, after having been thus
formally and regularly, demanded by proper authority, as deserters
from the service of his Catholic Majesty.

"You may observe that I treat this subject merely as a question of
justice, arising from that general law, which subsists and ought to be
observed between friendly nations.

"I forbear making any remarks on the impolicy of your persisting to
detain these men. I hope never to see America do what is right merely
because it may be convenient. I flatter myself that her conduct will
uniformly be actuated by higher and more generous principles, and that
her national character will daily become more and more distinguished,
by disinterested justice and heroic magnanimity.

"I shall take the earliest opportunity of transmitting a particular
state of this affair to Congress, and I cannot doubt but that your
conduct will merit their approbation, by being perfectly consistent
with a just regard to the dignity and rights of a sovereign, who has
acted not only justly but generously towards our country.

"If your reluctance to deliver up those men should have arisen from an
apprehension of their suffering the punishment, which on conviction
would be due to their offences, that reluctance ought now to cease,
because his Excellency, the Minister, has been pleased to assure me,
that they shall not be punished, but only obliged to fulfil those
engagements, which they ought to have honestly performed instead of
deserting.

"In short, Sir, although on the one hand, I will never advise or
encourage you to violate the rights of the meanest man in the world,
in order to answer political purposes; yet on the other, I shall
always t