Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1854-11-23
MIR. soULE's CASE.

NIX. SUULES C6oE.
The ground iaken by those who justify the
exclusion of Mr.. Soule from France by the
French Government, is that, out of the coun-
try to which he is accredited, Mr. Soule has
none of the rights and immunities of his rep
resentative character, and is to be regarded
and treated as any other individual. The
London Times bases its defence of the. act on
this ground, and is followed in SO doing by
the Evening Post, and other American jour
mails which sustain the action of the Govern
ment We apprehend that this position is
not supported by authorities on international
law. Chancellor Kent in his chapter on the
subject says that '.an Ambassador is deemed
under the protection of the law of nations in
his passage through the territories of third
and friendly power, while upon his public
mission, in going or returning from the Gov
ernment to which be is deputed. TO arrest
! him under such circumstances would be a
breach of his privilege as public Minister"
Chancellor Kent refers to the opposite prin-
ciple laid down by Grotius, who held that
the obligation to protect Ambassadors ex-
tends only to the power to whom the embassy
is sent and does not extend to the power
through whose territories the Ambassador pre-
sumes to pass without passport and adds
3
ploded." In Mr. Soule's case, it will be no.
ticed, the absence of passport cannot be
pleaded for he had one duly rised by the
French Minister in London.
This same principle was tested in our own
Courts in 1889, when Mr.. Henderson the
Minister of Texas to France, was passing
through New York on his way home,-Tex-
as being then foreign and independent pow
er. MI. FL. was arrested in this city for
debt. and pleaded his privilege as an AM
bassador as giving him immunity from arrest
not only in the territory ofthe power to which
he was accredited, but within the territories
Of every friendly power. The Superior
Court, within whose jurisdiction the case was
brought, recognized the validity of the plea.
and ordered his discharge. 1t was held that
not even passport was required to insure
him protection The fact that he was the
representative of friendly power was deem
ed sufficient. In this case the ordinary OPP
Grafton of the Courts of law was held to be
suspended towards an individual who was
/ present in the country as the Minister of a
foreign power, although he was not accredit-
+ ed to our own Government.
Upon this principle it will not be easy for
4 the Government of France to clear itself from
the charge of having treated the United
States in an offensive and insulting manner
/ 1t excludes from its soil one OF our official
Representatives, NOT deigning even to give
any excuse therefor, assigning no reasons al
leging no offence,-but so far as appears in
the wantop exercise of power. 1t is said that
Mr.. Soule had been suspected of abusing his
privilege as Minister, and Of distributing
| Mr. Sanders letter and other incendiary doc
uments in France No such reason was as
signed. And if he had been thus guilty the
| true remedy for the French Governmen.
would have been to complain to our Govern
ment of his conduct and to seek redress there
! for
Under all the circumstances, it is not easy
to regard the conduct of the French Govern
ment as otherwise than Intentionally often
! sive The act itself, and the manner Of it,
! as well as the tone said to have been subse-
/ quently assumed in regard to it by the French
| Minister towards Mr.. Mason, seem to have
been designedly unfriendly and insulting =
| We trust our Government Will lose no tims
in demanding immediate and distinct expla
nations and apologies from the Government
of France Nor are we at all sure that the
mere allegation on the part of that Govern
ment, that Mr. Soule's exclusion was purel,
personal and not official, should be accepted
as satisfactory. His exclusion was clear VIC
lation of principle of international law. |
is impossible thus to separate his persona
from his official character So long as h
has the credentials of our government cert
flying that he is our representative, he is en-
titled to be treated as such by every friendl
power And every power which refuses sue
recognition and treatment, must be held t
be, so far as that refusal goes. unfriendly.-
If such an explanation, therefore, should b
offered by France, it ought to be aecompanie
by apologies for the act aud unless it is s.
accompanied, it ought to bo rejected as un
satisfactory.
The rumors and suspicious that have bee
for some months afoat concerning the VI
friendly sentiments of the French Empero
towards the United States, have hithert
found little credit among our people Or
Government has given him no occasion ft
such sentiments, and it is not easy to see no
the stability or the glory of his reign coul
be promoted by policy based upon them
But the whole country will unite in demand
ing that our Government shall repel, wit
, prompt energy and decision, everything Iii
, an insult to our Government, and demar
full reparation and apology for indignities il
, tiicted upon any of our Ambassadors. IN.
!, Times.