The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1861-05-23
THE PACIFIC
Commercial Advertiser.
T'''" ~ T7TyH"s-I0 ~ Wy IT
DIPLOMATIC IMNTNITIFS.--No, :.

general principle Of invioIahilitv and cvtra-tcrrlr,ri-
atty. n applied to diplomatic agents But I have
been toid that my errephoas 10 the rule are. M some
quarters, called IN question. n unwarrnutahle under
the law Of nations. In other words. the ruiz. with
international righf.
The first proposition deemed Li,ctionabIe-tha %
citizen may defend himself within the bounds 81
reason against IL" uuprpv0kcd assault bv a public
minIster-wa- sustained bv q very clear and cSrIicit
quotation from Nattel. a high authority on such sub
jects. There arc many eases stated I'm Z. ward. Inv
OF Nations. and cited in {" .llipt', Diplomatic Code
lpp 900 and f2DI which strongly and most urc-
qutvocnlly sustain the same position.
l may rr-stite the case rs follows. \ diplomatic
agent IN character o. such. acting within the rules
oi International law. j. wholly exempt from the iu-
r~dicuon IT MS Temporary residence. But. II he he
come dts"tdcriy. a dI-turbcT 0tthc peace, "a scditiou-
1T, or . plottcr against the rights or TRANQUILITY of
the government 20 which he - accredited. III. i'm
munIty terminates. He may. IN case Of cxI.rucy,
De- put under constTaiut. and sent out of the king
dom at the first opportunity. or intercourse with him
can he suspended, or his passports be furnished.
and ms speedy departure directed. The principle
appiicHhlc To such matters i very succIntly repre-
scented ~ the case Of Loiic. q Minister from Mary.
Queen Of Scots. To the court of Queen Elizabeth.
See Wards Law OF Nations, and all Other writers
on public Law. who unanimously state the rule a. /
have given i'll EIlIot's Code contains a compcudi-
um ct thus description OF eases The Supreme Court
OF the United States. Chief Justice Marshall urrSid-
ing. held that u public minister may forfeit the inn
munitics pertaining To- his official character by viu-
iatIng the implied conditions of good behavior on
which he was received. T. Crauch. 1I6, 1881. There
are. II / mistake not. three ease, IN American dipIo-
matte history which were disposed of on this ;rinci-
plc-that "f Genet. during Washinston'S time that
Ot Pou~,iu. during the Provisional uuch Govern
mcnt OF lSiS. and that OF Champion, for prc>uming
To sanction the enlistment ct soldiers for tho Crime
an war, III the territory of the United Staic~. The
action in Tcgrrl To- them. was al least sanctioned bv
acquIcscucc. In addition. the eases of Brown and
Ten Eyck. which occurred here NAV be cited. about
which there was never objection or cnmuIliut Inv
the American authorities. Mr.. buchanan. Sccrctn-
~ of State under Nr. Polk. and then the Immediate
official superior at Mr. Ten Eyck. always conceded /
that the action 1T this government could not bc
called IN question. These are illustrations intro
duced more with reference To the local knowledge of
our community than from a want of abundance of
European authorities. /
The writers on public law arr unanimous ON the
subject. and j can give. If necessary, a volume OF
quotations from their work.. (Scc Wvqucfort. Gro
titus, Martens. Nattcl and Wheaton These autlori-
ties are all within the reach ct any one disposed TO
examine them. y compendium of European cg>c>.
fully JusifytuE the views / have expressed, may bc
found in d" Wards Law vi Nations under the head
ct =. Public Ministers Privileges" =. EIliots DipIo-
matte Code also contains references To most of the
European eases. and has in addition the decisions of
the American courts which bear on the subject.
IL may be stated in addition 10 what | have formerly
said. that where the functions Of a Commissioner. or
other political representative. cease from any cause. his
privileges and rights do not necessarily expire ut the
same time. lie retains them till he returns 10 his own
country. or has had q sufficient opportunity OF return.
But II II only as a returning agent of A foreign country
that he can claim this privilege His character rs n
political representative does not end before he has had
n reasonable opportunity Of rendering 10 his uriucip,l
nm account. ih Person, IT his proceedings. His immu-
mites - far continue, aud must be respected.
The same rule applies to his attaches. if they have
the quality o. extra territoriality. Otherwise. when
their service ends. they resume all the obligations of
local jurisdiction the same as before their employment
in such service.
1t ought not to bc disputed. thought it is said to be.
that diplomatic agents possess no control over their
domiciIcd ia this kingdom, unless attached
TO their legations / am unable To comprehend the
TrincipI or reason on which this assumption, If IT has
really been made. j. based.
\ lomiclei alien i for the time being. subject only
20 the laws Of hts residence. The Commissioner. or
diplomatic representative of his native or adopted
country. has nothing to 10 with him. except 10 defend
hi~ rights IN case 81 gruss violation. On this point |
ncci not enlarge The public law y too plain for con-
trovcrsy- Nc discussion J. required 10 sustain nv Do
sitIou or rrpcl contrary assumptions. l stand ON the
truad platform OF international law. and can cite all the
TuhliristS ~ witnesses IN behalf Of what l have said.
The rule. briefly stated. i this domicilcd aliens are
for the time being. subject 10 Hawaiian jurisdiction.
They are solely undcr ITS control. unless some gross
violation 81 International right can be established.
and l might say undo almost every err
they are bound by the same law rs native
liawaiiaus- For the time being. they stand in the
same position. AMI all their rights ana duties are gov
crued by the same laws and principles.
10 Is unnecessary 20 renew discussion on most Of the
other points Of my last communication. | must. how
evsr- make an observation in regard - diplomatic
oourte=icS. in addition 10 what | formerly took occasion
10 submit to your readers.
ST. { courtesy - one Of the highest obligations If the
pIP0natlst. He - bound 60 he a gentleman in all
respects His intercourse with the government TO
which he j. accredited. and all its officers. sbnuIl h.
and mild Ii i uo, his province TO seek
oUt occasions Il quarrel. His functions are not 10
Srau~le and hnd occasion for trouble, but 70 harmon
SO. 20 suppress diseu>ious. AMI promote the prevalence
II gcod feeling His mission l., OF ought 10 be. one Of
peace.
I have spoken in my last cOmmunicati ton Of the i'm :
1utatiuu q motive. Between gentlemen, such = thing \
i iuaimi>,ib.e. In diplomacy the same rule ought 10 :
'v5>L The Representative l., supposed 10 be the gen
lcmau. or he could not be though; 1T to I'LL his po-
iuou- =
II = rumor on the streets that base motives have :
assigned 20 the action ii our Courts III some cases
ocrnty aijuI5c1teI I 10 not believe Il. l stand up .
n the ground Of charity. and contend for a fair allow =
o the scandals & = small town. with = rJpIIc Is y
SItc A. the world. tor Iuuccvut talk. frcS Conversations q
mt harmless ucpartcr- "
What I mention = not the worst Il i Saii that a
flying = carrcut- Il ! declared that We have
n eur mii>fla ~ nature and liars by habit Society. =,
- rrFutci. take thcm both within IT. cub-lce- The
cmaIc heads of ticfy are set / WI A. the chief SIN 81.
erS-sbcther properly or B0t : vii MT assume - /
Scandal = called the peculiar vIcc q the Esrtlcr 81
rst >sarcr. AMI al her IA Ehtcr> arr presumed g = O.
AYR - foGCw IN her footsteps Lovely and attractive 90
; these fair daughters 0f"the drs;o - wuuan-AIuI are -
aLsd- : J. thought right O. make them responsible &-
al the scandals whch iI>tuTb our peace
In this couutry there =. amCuE ug- t0yi-u p-puL- -
cu, bat little rc-pcct g. the virtue q charity, and no
nit 70 the crime ct ietrlcti,u- The high and thel1w, I
rhatCvcT their cuutlfuu. are sltrCt g. a>V<T>Ilu>. - =
audcrs AMI dis-racriul comments. made wIthJa; f-uu-
at-ou. AMI u>usiy organizing % mere til>chgoi. n -
'aHcc. Or motives % ~. deeper uaIEuity- y. this =.
al y FaS~cl over without auy important Sl.ya,e q -
rcFrcty- Il I Ncrr . foreigner I should iccu . . -
uty O. rbukc the scld>h and cJutcu6og> spirit - some =
Z car jOmtcilsl Ucssicnt,. But beng % '"the manor
orn. 7 an rs,rliuci within the Limits u V-STrc;y.
~ ! hoFc q COURTESY. which. % : O. bc regretted. arc
% always Observed by ~prCaes>Nl frcais u thoir inter
'arsc With car TNFle, with whom they assume - - |
n terms q equality, L
They SoErtimcs call rs hari name. We 10 Dot
a-c tr thAL They tauut - about racc and color. In
az respect. We sEV J~uiscrrrt GI has maiE Us -
are ani We thinS IL ~Froyuieucc hs tSs deter