But in this instance, I must confess, I have failed to perceive the analogy between your argument and the case in question. That the subject has not been lost sight of by me, will appear from the following passage in my last letter where I distinctly stated, -
"If the deserter under a lawful engagement on board an American (or any other) vessel, and having no other claim to the protection of the Prussian Flag than that of being a Prussian subject (or vice versa the Prussian Government having no claim against him) have attempted to evade his obligations by taking refuge on board a Prussian Man of War, the American Naval or Local Authorities plainly have a right to demand his surrender,
And in such a case neither the Commander nor should I have attempted to refuse such a request, though for a moment I have been tempted to advise to the Contrary."
The above remarks, I hope, will go far to support my assertion that the main points of the two cases bear no resemblance to each other, beyond that both deal with the crime of desertion - but desertion under different circumstances, in the one case involving the maintenance of an international principle and the acknowledgement of the Sovereign right