14.
15
273
and
having
no other claim
to the protection of the Prussian
a
Flag than that of being Prussian subject, had attempted to evade his obligations by seeking refuge on board a Prussian Man of War, the American Consul
or Local Authorities plainly
had a
right to demand his
surrender, and in such
case neither the Commander
would have been led to
attempted to refuse such a
request,
and I should not have thought for a moment of advising him to the contrary. But in
this instance the case lies
differently.
As soon
as the man left
the "Arcona" with the criminal
intention to desert, his person became forfeited to
the Prussian Government,
whose claim could not be
superseded by lapse of time, or change of condition;
the deserter remained amenable to the offended Law of
Prussia until justice should have been satisfied.
Had the man even never
left the Sancho Panza, to
demand
his surrender,