The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-13

gss,s, - ~ ,ssTts ~ SIS = sssssswsai - ~
ooasly y waath - 80 $50 ,sui 49, shsf ~ paa'
81. 49, y ~ .s. - 80 W 10 5 H.
othsf a. ssasass - ~ $3.50 tAet ~
tA.a ssssss,.es = - 'sss - = sa',si saly go
ys.ss u s.a.gaui - s'.'s" ~, = 1850, -.
5000 s. ~ s1s.satsa y kssasi 4 isl7 - a.
0,lsF ~ ys.rs - " tesssa-.s y sa'.sr ~ q
10 AZ Tss1 ~ sitsAslsss y ~ sas,ssl.gu = Isi6
cSatnasd 81 ~ Jaasraus - sls 80 lsEi ~ ~
asslaaui0sy - - sssas A. : aa8sioa 18th
10 80 AZ - ~ saaisst slsas bsyiaiass ~ sss
81 tht F0Ftralhset Is abh ~ d s-fe3s8 s.t 49,
eassd y. ,s,s,sEs 49, : = f.'y ',sg' Z -
y, a. sat1ag tloa lfsa 4ial pIgssa stieR sau'ly
l. not = nah 80 usttss ttay y 49, sss,fuuEal
4 -. tsr,es,g ~ : tss.at .. :. :. = u.'.h'
though a. auitaazadoF pfitisgst - g. 80 u aFfaIs
aBd ~ baiigEa ,s ~ ,snEH 80 gafHu hsalust -
Law q bAt.rs - fsaFau = ss - ~ F'istf - 49,
X, j. l7bl Bot % sak daibrHha httsfsn aa't frsat-
Jta and sgag - E7sIssis atssa4sss = ugu satt
ted ani tl,ir ekitffiinilHl0 Z 49, eeasusa aatas ~
all pubris,s, aud 70 rrsgGiasa ~ kaFisns "a = rs ~
United States, Is tiatne
Tho whole qststipu . earuFlIy asFsusta ~ Waaaasu
whose views n astUraurs ~ tagFF v GfguEa sNH
By nkrishock which lFrya tFBF heai Caris,ra4upl
Institute, vol. l. A. GEL
Bat The privilege ~ s1syriturtay L 49, eon'srrta 80
public minister - sh'sid - cnnn teF anJ e'a@
which he may ComHiit The Eta,dy saGs seEths 10 -
nature Of the
As 10 offences against the muuirfa aa ~ eorpify
committed by ioitgn uinisi,r ether TFgNuu tnutsa
70 the privilege II dtlouar tsttFnioraliir ~ boys
statute which declares that am wit IfUgas against
them, issued by any court, s utterly hail ed rOA al
Of April 30, 1890, %, Stat - ltfgc q ~ And
this immunity vi public ministers hss btH The fuss, ~
judicial recognition Ia several inslaursA tsec tnttd
States Hand, II Wash. L q, X t5S Uuee Sia,es
Lddls, ibid, p, 20b BK paite CahraR, hia y ia Sc
also Wheaton by Lawrence D 2s4 ksuts Con. vol / D.
49, Opinion Of Nr. Attorney GtGera Ice q July ~
1919
Tie cases Of crminaity on the part Of public minister
may be dis,ing uishsd into the following classes
l. If the crime committed BY the missler afrct indsid
uals only ccI prtra the Eoyern'sent o. The c0utry
is 10 demand bis recall and u ha government refuse %
call him. The goverunieht OF the country may either ,NlV
bin by force bring him 20 trial 10 longer entitled 70
the immunities Of minsier lhluber Drolt de- Gems
I'll Oh. dc Martens Guide iiploBalique tom 81
9 If the crime affect the public safety the country ~
government may, for urgent either seae and bold
his person until the danger be pAsssd, expe him from
the country by force for the safety OF the state which l.
superior other considerations 70 be periied by
overstaned regard for the privileges Of Ambassador
Ibid See also Kent, vol 81 Schooner Exchange -
McFadden, vii Cauch, lie, 1881 uderd has been held
in such in England that the oHe udug party may We
proceeded against for at" Il ia affirmed in the
of Rex rs Owen ian ambassador compass and intend
death TO the kings person In the land where lie hc
be condemned and executed for treason ihx Owen,
ROLES X p 1887 But that dictum 10 not u accord with
preceaehs which, In general go further than the arrest
and confinement and the eventual or the Immediate expul-
sion OF public minister for reasonable aet acts dan
gerous TO the security OF the state.
Signal instances of the summary expulsion OF
public ministers in such case are collected by Bynker-
shock by Wicquefort by Widman, and by Charles ae
| Martens. causes Celebres
very modern OF great Dotoriey Is that Of Sir
Henry Bulwcr who, while British minister at Madrid du
ring the administration OF the Duke Of Valencia GENERAL
farvaeZ being detected In completely with domestic
ouonsts, required by letter OF the Duke Of Soto
mayor the Spanish Minister Of Foreign Afd's, to quit
| Spaiu immediately ahd did (lernaudez Espapay q
Vsconde Palnerston, Madrid lsis This incident oc.
easioned brief interruption OF the diplomatic relations oil
L the hints and .
Henry Bulwer bad acted under the instructions OF Lord
Pamerston, the British Minister Of Foreign Affair." Ihe
British government after some delay and The exchange q
explanations, conscious that II bad been placed in thu
wrong by Lord Palnerston submitted TO send min
lister 10 Madrid Hansards Debates, Third Series vol 80
! p 347)
g. Finally II the offence be grave and not such 10
compromise he public safety, the course of proceeding ia
accordance with the law Of nations and snnctioued by
diplomatic usage is demand the recall OF The minister
aud meanwhile to refuse all further intercourse with
him, according 10 the circumstances.
The Unitrd States have pursued this IN several
instances; OF which a memorable one and exactly peril
nent 10 the present case the demand France For the
recall OF NJ Genet guilty Of enstments 10 this country
without the consent Of It's government An State Papers
| For. AT, vol. l, No CO..
The public law ard usage Ia this respect well stated
| by modern English author, who says
"With respect To the dismissal Of ministers II is usual
where the matter admits Of delay first TO demand his
| call But this Is a act Of courtesy, which
cannot be expected occasions Of imminent peril The
dismissal Of ambassador such occasions is not an
which has denied 10 be legal in the case Of am
| bassadors II an ambassador use iorce he may
be repellrd by 70 &c. When the danger Is immi.
nent an Ambassador may be seized as a public enemy
may be imprisOnedmny be put to death, " Il be ndis
pynsaby necessary to safety iWedman, Institutes,
vol ], p. III.
On the whole the case Of the British minister regarded
the light established rules Of the law Of nations and
diplomatic usage founded thereon would TO resolve
itself ntodt question OF strict right and secondly, Of
discretion IN the exercise OF that right
clearly affecting the security oil the state
and thus needing usdying the iutrrposton OF sum
mary authority in the instance OF the Prince OF Celia
In France tCh. de Martens Causes Ceehres, tom J.
p 1897 Count Gylenberg in Great Britain Fosters Grown
Law y 1870 and many other OF historical and legal
noorey interest No acts OF violence are imputed TO
the British minister, any purpose act THREATENING to
the national stability Of the United States. What Is
charged against him conduct improper in public min
iseC Illegal respects the municipal law, injurious TO the
national sovereignty. II sufficiently shown, II requires to
be repsscd in such effectively TO vEdicaie The
public houor OF strict right The President may, the
Quccn Of spain did in the Of Sir Henry Bnl~er send
his passports 70 the British minister, with inmaon TO
leave the county without delay he may well, in his
discretion, adopt the mder course, President Washing
ton did In the OF ~ Genet that is after afurdng to
the British minister opportunity Of explanation through
factory demand bis recall OF the Queens government
The personal esteem which the British minister justly
Joys here In other respects might counsel the latter course
more especially II the British government assuming the
sponsby Of bis acts should hereupon proceed 70 tender
10 It's own name complete and ample satisfaction for hav
ing authorized or pcpmtied such 1ngrant wrong the
systemauc attempt recruit military force In the United
States by the fundamentally Of the lieutenant governor OF
Nova Scotia,
have the honor to be, very respectfully,
To the President. Y. CUSHING.
LATER FRou HAyrr-A correspondent Of the New York