The Diplomatic Correspondence of the American Revolution, Vol. 08
History
The Diplomatic Correspondence of the American Revolution, Vol. 08
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
The letter written to the commanding officer of the frigate, a copy of
which was furnished to the Count de Florida Blanca, is as follows.
TO COMMODORE GILLON.
"Madrid, October 9th, 1781.
"Sir,
"The paper herewith enclosed is a copy of a letter which I received
this morning from his Excellency, the Count de Florida Blanca, his
Catholic Majesty's Principal Secretary of State, and Minister for
Foreign Affairs.
"You will perceive from it that two men on board your frigate are
claimed by this government, as deserters from one of his Majesty's
Irish regiments of infantry; and that you are said to have refused to
deliver them up, because, among other reasons, your crew are the
subjects of his Most Christian Majesty.
"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 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.
Public-domain text, read in full here on John Shaqi.
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