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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 5 they must still have entered the port: the loss of their vessel and cargo being the lesser evil. But the cha racter of the lawgiver assures them, that the intention of his laws are perverted, when misapplied to persons, who, under their cir cumstances, 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 other, and that, without measuring the size of their vessel.
Upon the whole, they protest themselves to have been as inno cent as they have been unfortunate. Instead of relief in a friendly port, they have seen their misfortunes aggravated by the conduct of officers, who, in their greediness for gain, can see in no cir cumstance any thing but proofs of guilt. They have already long suffered and are still suffering, whatever scanty sustenance, an in clement season and close confinement, can offer most distressing to men who have been used to neither, and who have wives and children at home participating of their distresses ; they are utterly ignorant of the laws and language of the country, where they are suffering ; they are deprived of that property which would have enabled them to procure counsel, to place their injuries in a true light; they are distant from the stations of those who are appointed by their country, to patronise their rights ; they are not at liberty to go to them, nor able to have communication through any other, than the uncertain medium of the posts ; and they see themselves already ruined by the losses and delays they have been made to incur, and by the failure of the original object of their voyage. They throw themselves, therefore, on the patronage of the govern ment, and pray that its energy may be interposed in aid of their poverty and ignorance, to restore them to their liberty, and to ex tend to them that retribution, which the laws of every country mean to extend to those who suffer unjustly.
