New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1855-11-22
Attorney Generals Office.

| me Oatted States NOT Responsi5Ie either 10
| CstsSens or F0retgners for the unsktIfukeess
| of Public 0.6feers in Pripate Concerns.
The Washington Union publishes the follow
| ing as emanatiDg from the Attorney Generals
office:
/. The nations Of Europe and America, while
independent each Of the other in political soye-
reignty, are yet associated together in q great
| commonwealth Of States, by the common ties Of
the religion of Christ, the intellectually Of the
dreeks, and the legislation Of the romans, nodi-
ned BY the different usages of race appertaining
| 70 tne Ceits, the Germans, and the Slavonians.
q. IN their mutual intercourse, these nations
| rscoghizes and more or less obey, certain rules
oi Iighs, partly natural and partly conventional,
Hnicn onilge their consciences and control their
actions, IN war ss well as in peace, and which
constitute the laws Of nations.
b. This law Of nations is subd;yided into two
great parts one, which treats of the reciprocal
duties ana rights Of nations personiied, and in
their public relation as nations: and anotber
which treats Of the duties and risf,fa ~ each
nation, In its relation to individuals Of another
nation.
4. Each Of the nations of Europe and Amer
lea has exclusive jurisdiction within itself TO
pass laws and to administer them, and to en-
pioy Its aggregate force to maintain obedience
70 hs local authority, administered primarily
lot tne good OF the members of its own nation
atty. -
O. But each nation admits foreigners of other
friendly nations to enter its TERRITORY for GER
tain limited, peaceful and private objects Of
| commerce, instruction, social intercourse deni
zenship, or the like; and the legal condition Of
such foreigners is regulated by the international
law private, as distinguished from the nubIie.
| international law
o. None Of the nations Of Europe concede to
transient, commorant, or denizen foreigners all
the advantages of the domestic nationality.
nor can such foreigners pretend to any special
or exclusive rights or peculiar privileges at the
hands of the local government.
Q. In its internal organization, each govern
ment has public officers, administrative, Judi
cial, or ministerial, which officers are the agents
OF the community for the conduct of the public
OF common affairs, and of many private affairs,
and are individually responsible to their coun-
try, and IN many cases, TO individuals, for acts
of political or official misbehavior; but the GOV
ernment itself is notresponsible to private indi-
vlduals for injuries sustained by reason Of the
acts OF such officers, done by them in the pri-
yate business with which they may be ofioia1y
concerned, though as public agents, yet for in
divldusl benefit only it is responsible only for
such injury to individuals as may occur by acts
OF such otficers performed in the proper hehoof
and business of the government.
.. Thus Governments hold themselves respon-
sible TO individuals for injuries done to the latter
BY public officers in the collection Of the revenue
or other administrative acts Of governmental
relation; but not for the errors Of opinion, or
curruption even, of administrative judicial or
ministerial officers, where such officers are ad-
ministering the public authority in the interest
Of individuals, as distinguished from the Gov
ernment sf4
g. Hence, the State of California is not
responsible to citizen of the United States for
injury which his vessel may have sustained by
the unskillfulness of pilot at San Francisco;
and fortiori, that State is not responsible in
such case, if the vessel belonged to citizen Of
the Peruvian Republic.
10. Hence, also, the United States are not
responsible to a citizen of the United States for
the failure of marshal to collect an execution;
and fortiori, the United States are not respon-
sible in such case, if the execution belonged to
a citizen of the Peruvian Republic.
IL. In such case, our courts of law are open
to the individual who pretends himself aggrieved
BY the act of the pilot or that of the marshal;
bat the government is not surety for their acts,
and the Peruvian Republic has no right Of
reclamation in the premises against the United
States for any imputed default, either of its own
officer or the officer of the State of California