Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-20
VIRGINIA ARGUS.
RIG NJ o Nd:
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TUESDAY, JANUARY 20, 1907.

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has claimed the public attention for some
time past, that we have not had room, to
devote as much of our paper to tie pro-
cecdings OF Congress, as our wishes and the
puOhc expectation have required. The
debates have not hitherto been very inter-
estlng, 50 tar rs we have seen them. The
mi L prcVens the importation of slaves af-
ter the year 1908, created 4 difference of
cpiniNn in one respect only. The bill pro-
vldes that the ship employed in the trans
erosion, shall be forfeited as well as the
cargo. The more jealous advocates for
emancipation, contended that the forfeiture
should extend only to the ship, but the car
go OF slaves be liberated
The resolution Of Mr. Dana, for making
enquiry into the existing common law Of
hDei as 1t respects the u. States, seems
merely 70 have been intended To give him
an opportunity of drawing public attention
10 the prosecutions against the fedora.
printers, parsons, sc. in Connecticut. We
nave before had occasion to observe, that
we deemed this procecdingin Connecticut,
unwarrantab!e hut that il is one, ofNyhicb
men of Mr.. Dlna's princil les have no
right to complain.
The nefarious attempts which are max
ing in the western country. to disturb the
tranquility Of the United StateS, and leo.
Pardize their SAFETY, has given rise 70
bill "providing for the punishment of GER
tam crimes against the Unled Statcs"-
3y the existing laws Ut Congress, every Of
tentc must be tried III the court Of that dis.
trict, in which the offence was committed
Row the otflnce OF cunspiring against the
peace and tranquility of the Il. States, and
preparing military expo dition against
their territories, NAV consist in a great va
r1ety OF acts, all Of them necessary TO con-
stitute the crime, and each of lnen COM
mitted III different district. Should a Cas-,
~ this kind occur (and as Mr. B. is a cum
ming lawyer 1t probably has ocCurrcd) the
offence being completed in no one district
the offender will escape punishment alto
gether.
TIE obviate this difficulty, the bill pro-
vidcs, that in such cases, the offence shall
T. tried IN that district where either OF the
acts OF criminal tendency took place 1t
has been proposed as an amendment to the
bill, that it should be so modified, as that
the offender should be tried in the district
IN which he shall have been arrested be-
cause in the former case, the prosecutor
wou!d have discretionary power of select
Ing the district in which he might prefer to
Conduct the trial, discretion which m chit
be exercised for unjust aud improper pur-
poses. This amendment appears coheenial
TO that spirit of Justice and clemencv VIII CHI
pervades cur constitutions and laws, and il
probably will prevail
We are Of opinion, that the laws of the
United States are deficient in another res
pect. in not arming the executive with suf-
hclent power to suppress Vaccinations hos
tile to the public wcifire. | aI,ude 10 the
case offoreign Ambassadors. There seem
to be the best grounds for Believing, that
the ex-minister d'YIuio has had an impor-
tant agency in the conspiracy which now
agitates the public mind: Whether in con-
formity TO the wishes and Instructions of
ms court, or whether traltcrcusly opposed
to the interests OF his king as well as those
OF the United States. is uncertain and un-
important TO the present enquiry. IVewill
suppose him for the present invested with
the character f a foreign minister, and IN
strumcnta, IN promoting a mi itary expe-
dltlon against the territories of the Tn ted
states, or some nation IN amity with them
IL is generally admitted, that foreign Am
b2ssad0rs are not amcn.ble 60 the ordinary
judicial power Of tic country in which they
reside. The well known case Of Don Pan
taieoD Saa who was tried and executed for
murder, is the only instance which histo-
ry ali rdS OF dcpar urc from this princi-
pie OF the law Of nations. But THAI case is
generally considered by Jurists, as viola
ton OF an established pTInciple, JUST fed bv
the helnOus extremity of the offence. and
DIS such acquiesced in by foreign courts,
rather than 4 precedent on which rule
could be established. There arc MANY ex-
anpcs on record, where even the servants
Of Ambassadors have escaped punishment
for the crime Ct murder itself, under The
inviolabie sanctity which is supposed to be
annexed to the diplomatic Character.
On the other hand, il is the indisputable
right Of the eIcign, with whom the To-
reign minister is accredited, to divest him
OF his ministerial character, and III case of
transgression of the laws Of the country,
to arrest him and send him for trial to the
government of which he is the representa-.
tive. Such is the condition Of ambassadors,
according to the law OF nations; and from
hence it results, that the United States in
their sovereign capacity, possess the right,
without infringing the laws Of nations, of
torcibly sending foreign minister out Of
the country. But taking into view the par
ticular constitution of our government, and
the distribution Of its powers, il remains TO
he considered, whether, under the existing
state Of our laws, this power could be cx-
ere sod by the president, or any other func-
tionary, without An assumption If arbitrary
and undciigatcd power
a bill for the above purpose which pas
sed the Senate, during the last session Of
r.