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22o CORRESPONDENCE AND PUBLIC PAPERS.
If the men in question are citizens of one or
other of the United States of North America, and
admitted to be such, refusing to deliver them up, as
deserters from the service of Spain, may be proper,
because, while their own country is at war, they
cannot without her consent enter into the service
of any other power.
If they are Spaniards, then they are the subjects
of his Catholic Majesty, and ought not to be withheld
from him.
If they are foreigners, in that case whatever right
they might have to enter into the American service,
they certainly had an equal one to enter into that of
Spain ; and if they had previously engaged with the
latter, their subsequent enlistments with you were
void, and Spain being in friendship with us has a just
right to reclaim them.
If they deny their having enlisted in the Spanish
service, still like all other foreigners who come into
this kingdom they ought to submit to the justice of
the country, and you ought not to screen them from
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 tp retake and
| Title | The correspondence and public papers of John Jay - 2 |
| Creator | Jay, John |
| Publisher | G.P. Putnam's Sons |
| Place of Publication | New York, London |
| Date | [1890-93] |
| Type | Books/Pamphlets |
| Title | 00000241 |
| Type | Books/Pamphlets |
| Transcript | 22o CORRESPONDENCE AND PUBLIC PAPERS. If the men in question are citizens of one or other of the United States of North America, and admitted to be such, refusing to deliver them up, as deserters from the service of Spain, may be proper, because, while their own country is at war, they cannot without her consent enter into the service of any other power. If they are Spaniards, then they are the subjects of his Catholic Majesty, and ought not to be withheld from him. If they are foreigners, in that case whatever right they might have to enter into the American service, they certainly had an equal one to enter into that of Spain ; and if they had previously engaged with the latter, their subsequent enlistments with you were void, and Spain being in friendship with us has a just right to reclaim them. If they deny their having enlisted in the Spanish service, still like all other foreigners who come into this kingdom they ought to submit to the justice of the country, and you ought not to screen them from 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 tp retake and |
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