The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1831-03-03
Vol. "a.

shege ms hnmunities az public minister
: and refuse to "hear any accusation TO the
= prejudice ofthe privileges of an,ba assa dors. y
sir, The absurdity is too enormous TO be
en,ortained by any man Of sane mind and
ordinary understanding. II, then, he have
!, no' tneso iumunities, he is not . public
minister OF the United States; and il il a
mockery Of the nation 70 call on their
: Representatives to appropriate money for
the payment Of his salary.
we are not to suppose that public min
ls'er' because he is exempted from legal
process 10 the country to which he IL seat,
Is, therefore, not amenAble 10 any laws
whatever, for any part Of his conduct. He
Is not within the legal Jurisdiction OF the
country where he is accredited, although
al the capital and court of the soversivn.
and protected by his whole civil and mill
tary power; but he carries with him the
Jurisdiction Of his own country ; and Il is
because he is, by force Of the laws Of ma
tlons, within the jurisdiction of his own
country, that he cannot be within that Of
tho country. where he is accredited and
received as public minister. Those who
travel their fleets Of ships and vessels, ei-
ther the mercantile or naval, though their
home seems to be on The deep,n yet, BY
force OF law, are they within the body or
lho country, and district Of our country.
from which they departed on the voyage,
or to which they may return, when thatis
finished. Their contracts, or trsspasscs.
or crimes, though done on the deep sea, In
The most Distant ocean, yet are within the
legal jurisdiction Of the country. In like
manner, your public ministers, to whstey-
er court you send them, and wherever thsy
are accredited, carry with them, and are
there surrounded by the jurisdiction ofthc
United States. The highest officer Of
justice in the country, when they are re-
ceived, whom he stcps over the Threshold
OF their house, becomes, as in the District
OF Columbia, an ordinary citizen; and the
imperial state warrant in his pocket 10
whi,ened into blank paper, and can NO
more be executed by him there on public
minister, than II he stood on this floor with
the same warrant IN his hand, he could by
virtue oft, arrest me or you, Mr.. Speaker.
have not spoken without authorities on
'his subject. Ward tells US, page 29Y:
"An Ambassador neither knows, nor sub
mts to the laws of country to which ho
is sent, he goes not on his own account. On
private business, or private pIessue; bus
presensatien of,he dignity, pfI pfisfIs ies.ipJ5Eke
or, und .ighis which others would enjoy.
had they continued within their own pre.
cincis. And thus. BY consent, and sense
OF mutual advantage, he Is allowed TO rep.
resent and personify, II may 30 call il, all
those high privileges in the very bosom Of
another community, for the sake Of trsNs-
acting better the whole business Of tho
world"
Vattel says, page 54s:
"But It 10 not on account Of the saorod-
ness Of their persons, that sInba ssa dors eau
not be sued il is because they DO not de.
pend on the jurisdiction Of the country
whittier they are sent and the solid rea-
sons for this independence may be seen q.
bovc. Let US here add, that It is entirely
proper, and even necessary, that an smbas-
sadOf should not be liable 70 any judicial
prosecution even for civil cause, that no
may not be disiurbed in the exercise afhis
functions" 6.fa
He further tells US, page 554:
"Thc independence Of tho ambassadov
would be very imperfect, and his security
weakly founded, did not the house in which
be inaccessible to the officers Of Justice.
The ambassador might be disturbed under
a thousand prctences his secrets might he
discovered by searching papers, and his
person exposed 10 insults. Thus all the
reasons which establish his independence
and inviolability, concur likewise to secsre
the freedom Of his house,"
This independence and exemption from
foreign jurisdiction belongs TO the public
functionary; not to the man; 10 given for
the public, and not for his own benefit;
and, therefore, canno, be laid aside, even
so far rs 10 become party in suit, while
he continues 10 be minister, without the
consent Of his master. To this effect,
Vawsl says, page $40:
"But II the smbassador will partly re-
cede from his independency, and subject
himself in civil affairs to the jurisdiction
of the country, he unquestionsbly may,
provided it be done with his masters con
sent. But without such consent the am
basssdor has no right 10 have privileges IN
which the dignity and service Of his SOW
ereign are concerned; which are founded
on the masters righis, and mado for his
sdvsntsge; end not for that ofthe minister"
Has Mr.. Randolph carried the jurisdic-
tion of,he United States with him into
England; and does that jurisdiction now
surround him % !. does each one Of Us, nnd
exclude from his person, his effects, aud
his house, oil English jurisdiction Tho
case Of the Russian Ambassador in Eng-
land is in point. II happened in the limo
of Queen Anne. 1907. The Russiun Aw-
basssdor at her Court was arrested in die
street for debt, taken out fhis coach, and
carried BY the tipsiaf 10 common spuug-
l.,....I sba IN unsil Ia.