Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-11-10
Ayrest Of .Aleocd Cor.nterfeiters
Department News.

ATTORNEY GENERALS OrrICE.--IHs United
States not responsible either to citizens or foreign
ers for tho anskil fi.laess of Public Officers in
| Priuate Coacerns.--l. The nations Of Europe and
America, while independent each of the other in
political sovereignty, are yet associated together
in great commonwealth of States, by the com.
mon ties of the religion of Christ the intellectu
atty of the Greeks, and the legislation of the Ro
mans, modified by the different usages Of race ap-
pertaining to the Celts, the Germans and the Sa.
vonans. II # .l{fe
g. In their mutual intercourse, these nations re-
cognise, and more or less obey, certain rules Of
right partly natural and partly conventional, which
oblige their conscences and control their actions
in war as well as in peace, and which constitute
the law of nations. asr
g. Thsl law of nations issubdivided into two great
parts: one which treats Of the reciprocal duties
and rights Of nations personfed, and in their pub
lie relation as nations; and another, which treats
Of the duties and rights of each nation In its rea-
ton TO individuals OF another nation. s,,
A. Each Of the nations of Europe and America
has exclusive Jurisdiction within itself to pass laws
and to administer them, and TO employ Its aygre-
gate force to maintain obedience TO It's local au-
thorty administered primarily for the good Of the
members Of its own nationality. M SIX 81
5, But each nation admits foreigners Of other
friendly nations to enter its territory for certain
limited peaceful, and private objects of commerce.
instruction, social intercourse, denizenshp or the
like and the legal condition of such foreigners 10
regulated by the international law private, as dis
tinguished from the pubic international law.
s. None Of the nations Of Europe or America
concede to transient, conimorant, or denizen for
eigners all the advantages of the domestic nation.
atty; nor can such foreigners pretend to any spe-
cial or exclusive rights or peculiar privileges at the
hands Of the local government isFe 4
n. In its internal organization, each government
has public officers, administrative, Judicial min
isterial, which officers are the agents Of the COM
munity for the conduct of the public or common
affairs, and of many private affairs and indvd
ualIy responsible to their country, and, In many
cases. to individuals for acts Of political or Official
mlsbehavior; but the government itself Is not re-
sponsble to private individuals for injuries sustain
ed by reason of the acts Of such officers, done by
them in the private business with which they may
be officially concerned, though as public agents,
yet for individual benefit only 4; 1t Is responsible
only for such injury to individuals as may occur by
acts OF such officers performed in the proper be-
hoof and business of the government. air
g. Thus governments hold themselves response
bic 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 corruption
even, Of administrative, Judicial, ministerial Of
fcers, where such officers are administering their
public authority In the interest Of individuals,
distinguished from tho government. sd
o. Hence, the State Of California Ia not rcspon-
sble 10 q citizen OF the United States for injury.
which his vessel may have sustained by the un-
sklfulness Of pilot at San Francisco; and for
fori, that State is not responsible In such case, II
the vessel belonged to citizen Of the Peruvian
republic. isft u ts 1 8
10. Hence, also, the United States are not re-
sponsible to citizen Of the United States for the
failure Of marshal 10 collect an execution and a
yorfiori the United States are not responsible in
such case, II the execution belonged TO citizen Of
the Peruvian republic. " 8
III. In such case, our courts Of law are open TO
the individual.whp presends himself aggrieved by
the act Of the pilot that Of the marshall but the
government is not surety for their acts and the
the premises against the United States for any inn
puted default, either Of lis officer or the off.
Ger of the State Of California. asNN