Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-03-09
SUPREME COURT or THE Y. STATES
Caselef the Schooner E1cHsi 9 - g:
OPTNroN--coNcLUD ED. :;

rest lmpelllnss tnCtl ~ n'ueu ''s.. -, 80, 49,
an interchange of good offices with each other,
have given rise to class OF cases IN winch
every sovereign is understood 70 wave the ex-
ercise of part Of that complete exclusive ~,
territorial jurisdiction which has been stated
to be the attribute of every nation.
l.t. One of these is admitted to be the eS-
emption of the person OF the sovereign from
arrest or detention within foreign territory.
IF he enters that territory with the know
ledge and licence of its sovereign, that hcence'
although containing no stipulation exemPting
HE nerson from arrest, is universally under-
stood to imply such stipulation.
WHY has the whole civilized world concur
red in this construction? The answer cannot
be mistaken. A foreign sovereign is not uh .
derstood as intending to subject himself to a
jurisdiction incompatible with his dignity and
The DIGNITY of his nation and it is to avoid this
subection that the llcence has been ootalheo.
The character to whom it Is given, and the ob-
iecs for which it is granted, equally require
that it should be construed TO impart tuli Sc
curitv TO the person who has obtained 1t. lhls
secnrity. however, need not be expressed; Il
is implied from the circumstances OF the case.
Should one sovereign enter tine territory OF
another without the consent OF that other, eS-
pressed or implied, it would present ques-
ton which does not appear to be pertecuy
settled. decision of which is not necessary
TO any conclusion to which the court may
come in the cause under consideration. 1T he
did not thereby expose himself TO the terflto-
rial jurisdiction of the sovereign whose DOM
Mons he had entered, it should scen to DC be-
IIadl enc -. M
avail themselves ola power oserthclr equaiS,
which a romantic confidence III tleir magma
ni,aitv has placed in their hards
Cd A second case, Sta,di1S on the same
principles with the ffst,is the inn,,ilty which
all civilized nations allow to foreign minis
tiers.
Whatever may be the principle on which
this immunity is established, "hether we con
slider him as la the place cf the sovereign ne
represents, or by political hation suppose
him to be xtra-tcrr!torial, and therefore, IL
point oflaw, not withia the jurisdiction OF the
SOVEREIGN at whose court he resides; still the
immunity itself is granted by the governing
power ofthe nation to which the minister Is
.ssputed. This fiction of ex-tcrr'toriailty could
SSa,be erected and supported against the VIII
OF 9fle sovereign of the territory. lie is sup
posed to assent to 1t. -.
The consent is not expressed. 1t is true
that in some countries, and III this among o.
theirs, a special law is enacted tor the case.
But the law obviously proceeds OF the idea OF
prescribing the punishment OF act previous
" unlawful. not of granting to foreign mi
Mister privilege which lie would not other
wise possess.
nretant and extensive, exemptions rom terri
torial Jurisdiction which are admitted to attach
70 FOREIGN ministers, is implied from the con-
s;deratiors that, without such exemption, eve
rv sovereign would hazard his OWE dignity by
employing public minister abroad His mi
Mister would owe temporary ano local aliegl
snce TO foreign prince, and would be less
competent to the objects of his mission. A
sovereign committing the interests of his na-
ion with foreign power to the care OF per
son whom he has selected for that purpose,
cannot intend to subject his rainister in any
degree to that power and, therefore, con-
sent to receive him, implies consent that he
shall possess those privileges which his prin-
cipal intended he should privileges
which are essential to the dignity OF his soye-
reign, and to the duties he is bound to per-
FORM
In what cases minister, BY infractng the
laws of the country in which he resides, may
subject himself to other punishment than Will
be inflicted by his own sovereign, is an inQnl-
nv foreign to the present purpose. II his
crimes be such as to render him alnenable to
the local jurisdiction, it must be because they
forfeit the privileges annexed TO his character;
and the minister, by violating the conditions
under which he was received as the represent
tatiye of foreign sovereign, has surrendered
the immunities granted on those conditions
or, according to the true meaning of the ORR
pipal assent, has ceased to be entitled to