Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-03-09
Y MORNING, MARCH 8, 1881.

the PTeJuuiCe Vi tHe privileges OF aInDas-
sadors:" and though Lord Burleigh re-
preached him for his turptude, yet the
English Court never thought Of trying
him for treason. Ward 3I4-lo.
Sir, such are the high and distinguishing
attributes and characteristics of "ambas-
sadors and other public Minister'S" un-
der the laws of nations. These immuni-
ties and privileges belong to MIR. Ran
dolph, if he be the Envoy Extraordinary
and Minister PIenipotentiary OF the u.
States, resident at the Court of his I'm
perial Majesty the Emperor of Russia,
or in any part ofhis territory. We know,
however, that he is non resident there,
and are we prepared to say; that, if he
acquired these immunities by his visit to
that court, and his being accredited there
he now carries them with him wherever
he may make it his pleasure 10 sojourn' ,
If he be public minister, he has these
immunities; if he be without them, then,
is he no public minister. What lawyer
in this House, or nation, or indeed in the
civilized world, would pledge his char
acter upon the allegation that John Ran
dolph might, like the Bishop of Ross,
Mendoza, and L'Aubaspine join a con-
spiracy 10 dethrone and assassinate the
sovereign of England; and, like them,
when questioned for the treason, allege
his immunities as public minister, and
refuse to hear any accusation to the pref
udice of the privileges of ambassadors. D."
Sir, the absurdity is too enormous to be
entertained by any man of sane mind
and ordinary understanding. If, then,
he have not these immunities, he is not
public minister of the United States;
and il is a mockery Of the nation to call
on their Representatives to appropriate
money for the payment Of his salary.
We are not to suppose that public
minister, because he is exempted from
legal process in the country to which he
is sent, is, therefore, not anenable to any
laws whatever, for any part of his con-
duct. He is not within the legal juris-
diction ofthe country where he is accred-
tied, although at the capital and court OF
the sovereign, and protected by his whole
civil and military power; but he carries
with him the jurisdiction of his own coun'
try; and it is because ne is, by force o
the laws of nations, within the jursdic.
ton of his own country, that he cannot
be within that of the country where he
is accredited and received as a public
minister. Those who travel the ocean
in your fleets of ships and vessels, either
the mercantile or naval, though their
"home seems to be on the deep" yet,
by force of law, are they within the body
of the country, and district Of our coun-
try, from which they departed on the
voyage, or to which they may return,
when that is fnished' Their contracts,
or trespasses, or crimes, though done on
the deep sea, in the most distant ocean,
yet are within the legal jurisdiction OF
their country. In like manner, your
public ministers, to whatever court you
send them, and wherever they are ac-
credited, carry with them, and are there
surrounded by, the jurisdiction Of the
United States The highest officer OF
Justice in the country, when they are
received, when he steps over the thresh-
hold of their house, becomes, as IN the
District of Columbia, an ordinary cltl-
zen; and the imperial state warrant IN
his pocket is whitened into blank paper,
and can no more be executed by him there
on "a public minister, than II he stood on
this floor with the same warrant III his
hand, he could, by virtue Of it, arrest me
or you, MIR. Speaker. -.
have not spoken without authorities
on this subject. Ward tells us, page 297:
"An Ambassador neither knows, nor submits
TO the laws Of the country TO which he Is sent,
he goes not on his own account, on private busl-
ness, or private peasure but as the representative
of another as the presentation OF the dIgn'ty, PRIV
ileges, power, and rights which Others would en-
JOY had they continued within their own precincts
And thus, by consent, and sense OF mutual
advantage, he is allowed TO represent and person
ify, if may so call it, all these high privileges IN
the very bosom Of another community: for the
sake oftransacting better the whole business ofhe
world"
Nattel says, page $40:
"}ut it is not on account of the sacrcdness OF
their persons, that ambassadors cannot be sued; It
is because they do not depend on the jurisdiction
of the country whittier they sent and the solid
reasons for this independence may be seen above
Let here add, that it is entirely proper, and even
necessary, that an ambassador should not be liable
to any judicial prosecution even for a civil cause,
that he may not be disturbed in the exercise OF his
functions"
lie further tells us, page SD:
"The independence Of the ambassador would
be very imperfect, and his security weakly foun-
ded, did not the house in which he lives enjoy an
entire exemption, so as 10 be inaccessible TO the or
binary officers Of justice. The ambassador might
be disturbed under thousand pretences; his Sc
crets might be discovered BY searching his papers
and his person exposed to insults. Thus all the
reasons which establish his independence and in
yolability, concur likewise to secure the freedom