The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-09-16

bill was in the following words:
4 Sec. 9. Ord Be IL further eaaae<. That from,
and liter the pafiagc of this act, if any foreign
amb.liador, minifer, or other pcrfon entitled
TO enjoy within the U. States the privileges aud
mmunities OF a foreign n,iniRer, ihall within
the U. States or the territories thereof con. init
any ACT of nobility, or enter into any confpiracy
againf the government of the U. States or fl,ail
perfonaIly infult or treat with difrefocSt the
Preident Of the u. States for the time being.
the faid PreGdeur fhall be, and is hereby au,ho-
rfed at his difcretion, to order the faid ambaf.
| fadsr, minifter or other perfon 70 offending, to
| withdraw from the feat of government and the
territory of Columbia, or to depart from the u.
States and the territories thereof; and in cafe
OF refuial or neglect 10y fuch ambaTador, minif.
ter or Other perfon as aforeiaid, to obey fuch
order within reaionable time, Of which the
faid PRECEDENT fhall judge, the fad Prrhdent
ihall be, and is hereby further authorized to
tend the faid ambafador, miniiter or other per-
Ton as aforefaid, home to his fovcrrign: and in
either cafe to demand Of the faid fovereign, the
punifhment of fuch offending ambaffador, mi
niiter, or other perlon as aforefaid, according
to the nature and aggravation of the offence, s
| Comfortably to the law of nations.
This bill, however, was never carried. "It
was difagreed to, under the impreiion Gays
the reporter) that full powers are to be found
IN the ldsv of nationt to meet the cafes con-
| temp'ated by the bill"
1t is worthy of remark, what an aftoniihine
difference prevails betwcea the Interpretation of
the law of nations as made by the Senate and
by the Marquis Yrujo. The Marquis in his
letter aferts, that an eaDoy extrasr1iaary & mi.
hitter Pienipotentiary " could receive no or
ders except from his fovereign: !" In other
words, that he is completely exempted from
the jurifdittion of the country where he relides.
The Senate however fupport very different
doctrine. In laying down the proviiions of
this bill, which, they afterwards decided, were
agreeable to the law of nations, they do not
he6tate to aiiert that the privileges of foreign
! miniiters may nc abufed that there are fsveral
c afes, in which they are fuhjetted to the execu-
tive jurfditt;on of the country where they re-
tide; & that one of the po pcrs Of that executive
contits in ordering themto depart front u.
S. & the territories thereof" But s'I conititu,e
an excsptionto thisruie, excains thenoblc NJ ar
quis. am al envoy extraordinary and riniter
p.enipoteutiary." The Senate however IS deaf to
the expotuiation. They draw no kind of diff
.;n.t:cc he, :--: -. c:,- &C a, a.
ny Others. Their bill equally applies to
"any foreign ambailador, mnItcr, ar other
perfon entitled to enjoy within the United
'' States the privileges aud immunities of 4 TO-
reign miniIter." Neither does the law of natl
ons recognize the dIftnction advanced by the
noble Marquis. Vattei does not once notice II.
And Martens expressly fays that {" whatever
difference rigorous attention, to theory
might make as to prerogafives SIC. between
| negociators and other minltcrs, in the Srac-
=" tiee, the Eane prerogatiyes are enioyed
"by embaliies of ceremony, PERPETUAL en5aHes,
"and embaiiies in ordinary" But if the fame
prerogatives be common to them all, they con-
| fequentiy ihare the fame retrenebaeut of pre- 70
gative. In this latter clafs, both according to
he ,Rrna pnfth Jtha
| tons of the law of nations, is the necefTity of
departingthe country, entheexecutve of that
cosntry may dem md it. Such then is one of
the prerogatives OF our pr hdent over this mott
luxurious representative of Spain.
| Was it then proper for the preiiient to have
exercifsd this prerogaive? This i. the prec(e
euelton, which we propofed to difcufs and
| Mr.. Ma1ifon's letter furniil,es the following
! facts, TO ALT us in the deciiion:
| Our govern nent had dclired the recall of the
Marquis Yrujo.
The cabinet of Madrid virtually promifed to
recall him; aut anxious to fave the feelings of
its miniter, propof2d new arrangement nv
which his recall might wear the appearance of
| a voluntary return to his country
| In the foirit of conclilti,n, our government
a ,quiefced in this new arrangement, and every
| moment expette that it would be carried into
cfTaf.
o'AIccn 'aOHtnS however haf eIlpfed, with
out the Ie1f app arance Of fuch an intention.
| 1t might have been inconvcnient for the M ,rauis
70 have Immediately left this cou try. This is
! true. Why ihoald not his government then
have fufoeadcd his Diplomatic functions, and
| appointed his fucceGf,r?
| Within this interval, it was to have been no.
| ped that Yruj o would have attempted to re-
| purchafs the good will of our government to-
wards him Bat what has been the fact He
has added additional acts to the long lit of d.
| ploBatic abufes: ats, which would have been
Of themfeIves fufhcent reafou for demanding
! his recall {:
| He has " bearded our PRECEDENT" by his in
decent vift To Wilmington
| He has " ferieuny irrtatcd" his court aganf
| us 90 by mfchevous and uncandid reprcfenta-
tons" Mr.. +. NJ Randoph's circular:
| His underhanded tamperings in the Miranda
buiinefs are unworthy the representative of a
| dignifed nation.
| He had not however left our country, agree
ably To the pronifss of his court. His court
| had not recalled him. No fucceTor had been
| appointed. 1t was therefore the inconvertibIe
| right OF orr government, to order him home
/ In not having done 70, it had given the ftrong-
eft pollible proof, of its dehre to- fave the feel
| ings of Spain, and to preferve her frendhip.
| And what has Spain now done She is faid
| to have re-appointed this fame recalled, obnox-
| ions, and intriguing mniltcr to the very fame
| pot, from which we had demanded his recall.
Our objections TO the Marquis d'Yrujo, were