The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-05-10

utniot extent. That is whit ohliges NE 10
fpeak about them, (contignei Wiqueiortl aud
to flew, that although IN, fame difference,
that is infeparable from the cha:aSfer, is not.
ALWAYS paid them, they notwjtSfapdirg can
not fail TO enjoy the fame advantages which
the laws OF nations and pubic fahh affords to
all thof, to whom the appGldtion of Lsgatus
can be given
The fame Wiquefort, in fame vol. page 400,
says: the great Hugo Grosius, OF whom we
ought never to fpeak without veaeration, con-
firms thar, albe, that the rights or Laws OF ma
tons lhou d not ierve as cover. or inpnnity,
common magistrates cannot ought not howe
8 yer to know about iuch pcrons rs enjoy the
6 fame. They nua be tcut TO their fovereign.
9 Whole right it is to puniih bis own fubects, if
{ thoe maGitrates with MOTTO become accom-
6 plicesin the injury done tothem.'
The sforefaid Wiqucfort. IN fid tome IT,
6 fol. so7, quotes thus: 'thi ambaiiatlor is the
{ more particularly Obliged I, afford protection
{ to his domeaics, lin conied ieuce more efpeci
6 ally To thoie inverted with public charaSte,,
6 and who are moreover appointed by The To-
vereiGn) that no iniult can be done unto them
{ but what reflects upon hinttlf'
The fame author, in the FOL- fra referred to,
relates everal facts which rt3ve the refpect that
nloud b. paid, not only I'd the members OF the
corps diplomatic, but evet to the attendants
and fervants OF ambaiadorssnd minilters. On
page SOC, .he following fact found
"a fervant of Monlieur De Thou, ambaiia-
dor at the Hague Tor Frau e, was arrefted in
the night for violence cohmitted upon wo-
man. The patrole havi 1g caught him, hin
dered him, and took H.a TO the corps-de-
garde, meaning il the moling TO give him I'D
to the hands of iuftice. The ambanador be-
ing apprifcd of this, CLAIM cd his man, and the
councillors, deputed from Holland, who re-
preiented the fovereigp ii the province in the
aoience OF the Rates, had him returned to his
matter, that the latter night have him tried.
De Thou, was in the right TO make the claim
for his man, and TO convince them at the be-
ginning of his functions. that he was not un
worthy of the character with which the king
had honored him =; and the tates of Holland
on their part gave tettiG,ony OF their reflect
for the laws of nations
The governor of Pennfylvania ought TO know
that, the minilter penipottntiary of his catholic
ualefty, far from giving his content for the i'm
pr,sonment of a member.of his '!eeation, flould
preven' it, and claim the member :: the former
could MOI at leaf he onght not to be ignorant,
that II the laid ,niniiter has acceded thereto he
mas not actedN conformity, but in contradicli-
on with the ;naxws efab!ifhed by publiciits :;
ana that II the miNiGer p'enipotentiary would
take upon hunielf refpr 1iibility with refpe9
to ms fovereIgn, the govsrnent could not per-
mt MN to cauie my imprt nment to be made
by the officers of jufice of this country.-But
to be convinced of the little circnmI,eEfion on
the part of the governor in his behaviour in this
affair, it fuffices to perufc the opinions of Gro-
thus adopted by Wiquefort, in fol. $50, of vol.
1T, on ambafadors and their functions, exprcr
fed in thefe terms to witt
II Teens thatit can be faid, there exits no
s4/eln which common ju!tice can extend its
jurlidiction over thoie who enjoy the Eaqvs of
6 nations; and this lis fad) more ahuredly that
perceive IT is the opinion of M. Hugo Groot,
Tor Grotius) that is inconteitible with refpe6t
TO common mlidemeanors and as to what
concerns crimes of ftatr, wherein the Iazys of
nationJ are violated, especially where an at
tempt is made on the life of the prince in
:, Whole country one refdes, the fovereign alone
cor the council of fate by him appointed, can
only take knowledge of the affair, caufe the
: traitor to be put under confinement in his
own houie, and afterwards fend him, with
proper evidence, TO the prince his matter, in
order that he may receive punifhment.'
Hence it refuts from the maxims OF Crotius
and Wiqucfort not only the magifrates, nor
the Judiciary, have no power to take cogni-
zance ofany civil aud criminal affair of thofe
who are under the protection of the Lazus of
nations, but there does not, nor cannot exit a
hhSiC SdiSB III WhiCtI common Civil 1uftICS can
exercife any jurifdidion on thofe protected by
the laws of nations.
Let us now confront the opinions ofthefe all
thors with that of Others, who have latterly writ
ten on the fame head, and have defined their
maxims more exactly by confulting the Sd vol.
of Vattel's works onthe laws of nations: fol.
49s, 494, and perufng ALTO what he fays. fol.
47s. There the options of the prior W, tiers.
will be found confirmed but with much more
explicit accuracy image 500 of the fame vo-
lume, in terms TO thi purpofc
The inviolabilty of the ambaGador, is
6 likewile communicable to the people of his
9 train, and bis independence extends to all
{ that forms his houhold. All his people are
6 in fuch manner attached to his perfon, that
6 they are bound by his fate, and are exempt
9 ed from the jnridi1ion of the country in
6 which they refidej and they cannot be infuIt-
6 ed without infltirs the felffa ambaffador:
6 ifthe fervants and all the train, of foreign
{ minifter were not Independent, it NAV be con-
6 ceived with what facility they are liable TO
{ be iDfulted, moeAed and injured in the exer-
{ cfe oftheir functions. Thofe maxims are ev-
{ cry where, ard confirmed by cuftom.'
Finally the Baron dc Bielfeldt in his "InRifu-
fioat PohtigneJ," fp. 462, 469, 464, tome sd,
in a politive manner affirms, that,
when, therefoc, public mininer has any
6 SERVANT guity,about him, he muif either
L = -