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

0s
er nc may choose to reside. Sir. will n,
tons admit this kind of non resident N
migratory mission, this diplomatic gossir
plng7- This doctrine of''no localiiy." /,
essential in the Secreteyy's constitution,
creed, to The existence ofa national roa,
ne will lind does not belong to the charac
Ter OF resident public Minister, and reall
has no place among nations out of the Cab
met. so adroitly conducted by himself
II gentlemen still contend that MIR. RIM
dolph Is our Envoy Extraordinary, and Min
ister Plcnipotentiary NON RESlDEN,
at the Court ofSt. Petersburgh, they mus
contend. that ,ohtresoerer he does reside
~ Is still vested with the high diplopati
. f'ifies and attributes, which by the law
ofSnatons, belong to such a public Minis
ter. What are these? They are compre-
hcnded in two very expressive words; per
sonal inriolabiHty Not only are his per
son and effects exempted from oil legal dis
tress, but whosoever shall treat him with
insult or disrespect, is liable to be punish
ed. A public Minister cannot be sued for
contract, or q trespsss; lie cannot be
prosecuted for a felony. If he commi,
homicide, with every circumstance Of NAL
ice, or conspire with traitors to overthrow
The Government to iohich he Is sent, he can
neither be punished nor even questioned d
concerning these crimes. Vattel asserts:
"The necessity and right of embassies being
established, (See Chap w. Of this book) The
perfect security, the inviolability Of Ambassa-
dors and other Ministers is a certain conse-
qnence Of il; for iftheir person be not defend.
ed from violence Of every kind, the right of
embassies becomes precarious and success
very uncertain. A right to the end 10 right
to the necessary means. Euibassies then be-.
ing OF such great Importance in tho universal
society Of nations, and So necessary 10 their
common well being, the person Of Ministers
charged with this embassy is 10 be sacred and
involable among all nations (Ses Book II &
2l6) Whoever offers any violence to nm Am.
bds~sdor, or any other public Minister, not on
ly Injuries the sovereign whom this Minister
represents, but he also hurts the common safe.
ly and well being of nations; he becomes gull
ty of an attrocious crime towards tho whole
world"
This doctrine is further confirmed:
ain ine, ifan Ambassador could be indict.
I'd for common trespasses, be criminally pros.
ncuted, taken into custody, punished, if he
might be sued in civil cases, the consequence
will often be. that he will want the power
eisure. or freedom Of mind, which his mas.
=. snsTs asaSas 1v HHE wi. tss b. a,4n'E Ss
ecton' From all these reasons il is impossi.
,le to conceive, that the Prince, in sending an
A ambassador, or any other Minister intends 10
submit him TO the authority Of Foreign Pow.
sr. This is a fresh reason, which fixes the
Oft public Minister Ii il cam
not be reasonably presumed that his master
means to submit him to the authority Of SOW
ereign, to whom he is sent, this sovereig ign, ia
receiving the Minister, consents TO sdmi, him
m the footing of indepondency. And thus
here subsists between the Two Princes pass.
We convention, giving new force TO the nat
lral obligation
In 1867, Leslie, Bishop OF Ross, came to ihe
Court Of Elizabeth, as Ambassador Of Mary,
Queen Of Scots who was then detained pIis-
,ner by her royu cousin. This man, in taking
,are of the concerns Of Mary, conspirsd with
certain English noblemen to depose Elizabeth,
md place Mary OH the throne of England.
The plot was discovered. The Duke Of Nor
folk and others were executed for treason but,
tho Elizabeth dared afterwards TO steep her
hands in the blood of her royal captive, and
thereby to violate all other laws, human and
divine, she dared not violate The laws OF ma
tions, by Furnishing the Ambassador ofths un-
Queen Of Scotland. In 1854 Men
doza. tho Spanish Ambassador in England,
TO dethrone the Queen, by intfodu-
cling foreign troops into the country. This
nspiracy being discovered, the Court Of E.
lizabeth took the opinions, as Ward tells us,
of the celebrated Albcricus Gentilis, then in
England, and Of Hottoman in France, another
great civilian, concerning tho manner ofpro.
ceeding ugainst Mendoza. "They both asse Tted
that an Ambassador, though a conspirator,
could not he put to death; but mus, be remand.
cd TO his principal for punishment. ia conso-
quence of this. Mendoza was simply ordered
to depart the realm; and a commission sent
TO Spain TO prefera complain, against him."
Three years afterwards, LAubaspine,
the French Ambassador, in his devotion
to Mary, conspired not only 10 dothrons.
but 10 sssasinatc Elizabeth. He actually
hired ruffian from Newgate, to perform
this deed of a,rociiy. Some dsa agreement
the means 10 be used induced
delay in the execution, and led TO discov-
cry. When the Anlbs ssador was called
upon for examination, he replied, 81 will
hear no accusation 10 the prejudice Of Abe
Of ambasssd dors;" and though
Lord Burleigh reproachsd him for bis tur-
pitods, yet the English Court never
thought Of trying him for treason. Ward
3l4-15.
Sir, such are the high and disting gushing
attributes and characteristics Of "sn,bss-
ssdovs and other public minister's" under
the laws Of nations. These immunities
and privileges belong 10 My. Randolph, if
he be the Envoy Extraordinary and Min
istes Plenipotentisry Of the United States,
resident at the Court Of his Imperial Maj
esty the Emperor Of Russia, or in any part
Of his territory. We know, however that
he is non resident there, and are we pre-
pared to say. that, fhe acquired these I'M