Page:Henry Adams' History of the United States Vol. 2.djvu/365

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346
HISTORY OF THE UNITED STATES.
Ch. 15.

reciprocally. In conversation with Thornton he lamented, with every appearance of sincerity and candor, the deficiency of the existing laws, and did not dispute that Great Britain could hardly be blamed for refusing the surrender of seamen on her side; but when Thornton asked him to order the return of a man who under aggravated circumstances had deserted from the British ship-of-war "Andromache" in the port of Norfolk, and had been immediately engaged on the United States revenue cutter there, Madison replied in a note coldly reiterating the fact, with which both parties were already acquainted, that neither the law of nations nor the provisions of any treaty enjoined the mutual restitution of seamen. This recognized formula, under which govenments commonly express a refusal to act, was understood by Thornton as equivalent to an avowal that the new Administration, controlled by Virginians, would not venture, even in the future emergency of a demand for extradition under treaty, to risk the displeasure of Virginia.[1] Desertion, therefore, received no discouragement from the United States government; on the contrary, deserters, known to be such, were received at once into the national service, and their surrender refused. Under such circumstances the British government was not likely to be more accommodating than the American.

As the summer of 1802 approached, President

  1. Thornton to Hawkesbury, Oct. 25 and Nov. 26, 1802; MSS. British Archives.