The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1861-04-04

which the minister. though actually in a foreign
country. = supposed still 20 remain within the terri
tory OF his own Sovereign He continues s;l.l subject
70 the laws 81 his own country, which govern Ms Eer-
s5nal status and rights q property. whether derived
from contract. inheritance, or Testament MS Ch-
dren born abroad are considered - natives. This
exemption from the local laws and jurisdiction y
founded uppu mutual utility, growing out % the
necessity that public ministers should be entirely II
DEPENDENT u tie local authority, IN order % tu.nt the
duties II their mission. The act of sending ;he min
isrer on the one hand, and q receiving him on the
other, amounts o. a tIclt compact between the two
states that he ,h4l be- subject only 10 the authority
VI his owu uatioE."-Pdgs ri, Section Il
Il j. therefore evident that diplomatic agents
POSSESS special privileges, and that they are not
On the same footing a. subjects OF citizens OF the
country in which they reside. Yet this does
not authorize them % commit any act. which If
committed by a citizen would b. dealt with - a
penal ofen>e. and render him amenable 70 the
laws. Although they are not responsible or
amenable TO the laws Of the country in ordinary
offen-e-. vet they are not from this fact. free
from responsibility. both 10 the Sovereign and
the citizen. How justice may be obtained IS
designated in the Law of Nations. The follow
ing ouetltiJns from Vattel's Law of Nations. bear
ON this question. and afford probably the highest
authority obtainable
e SbguIi an ambassador forget the duties Of his
s,atfor-shou'd he render himself disagreegble and
dangerUu-shouli be form cabals and schemes pre-
judicial % the peace II the citizens. or 10 the state OF
prince % whom he j. seIt-there are various modes
Of furnishing him., prOpOrtiUnate % the nature and
degree Of MS offence. II he maltTeats the subjects Of
the state-if he commits any acts Of injustice or yiO-
leuce against hem-the injured subjects are not 10
seek redress from the ordinary magistrates, since the
ambassador l. wholly independent Of their jurislic-
ton and for the same reason, those magistrates can
not proceed directly against him. On such occasions.
therefore. the plaintiffs are TO make application to
their sovereign, whO demands justice from the ambas-
sadOr'- master, and. ia case Of a refusal, may Jrfer
the iasOlsHf minister 10 quit has domiuiOHs. ''-PGge
Al.
- If the foreign minister i himself the aggressor,
and offeu1s a citizen, the latter may oppose him with
out departing from the respect due 10 the character
which the offender bears. and give him u lesson which
shall both effIce the stain Of the outrage, and make
the author Of IL blush for his misconduct. The per-
son offended may further prefer IL complaint TO his
own sovereign, who will demant for him an adequate
from the minister's master. The great
concerns of the state forbid a citizen, on such occa-
siOns, 10 entertain those thoughts of revenge which
the point Of honor might suggest. although they
should in other respects be deemed allowable. Even
according to the maxims Of the world, a gentleman
IS not di-graced by an affront for which IT i not in
own power 10 procure satisfaction. "-PgEc iG4.
- further admit, that. in all cases Of ordinary
transgres>iOn. all instances of offensive or i~isurderly
behavior, which. though Injurious 10 individuals, or
10 society, DO not cnduugCr the safety OF the STATE or
q the sovereign. there i that degree Of respect due
10 the ambassIdorial character which Is 20 necessary
for the correspondence Ci nations, and 20 the dignity
II the prince represented, that - complaint be first
male to- him IF he conduct nt his minister, together
a demand OF PREPARATION; and that, il no sajisftc-
ion Is ohtliucd, the offended sovereign he then coll
with simply ordering the ambassador to quit his
in case the serious nature of the offences
absolutely require that Il stop be put to them. But
hall an ambassador be suffered with IMMUNITY 10
,abal against the state where he resides, to plo; its
'uin, to stir up the subjects to revolt. and boldly 10
oment the most dangerous couspiracie-, under the
assurance Of being supported by his master: Ifhe
,ehaves az an enemy, shall IL not be allowable TO
rcli him a. such /; The question admits not Of u
lOubt with regard 90 an ambassador who proceeds TO
vert acts, vino takes up arms, and uses violence In
case, those whom he attacks may Tepel him:
elf-defeuce being authorized 10y the law Of nature.
hose Roman ambassadors, who, being sent 10 the
iauls, fought against them with the people "f Gu
ium, Invested themselves of the amba-sadurial char
cter. Can any one therefore imagine that the Gluls
bound to spare them in the hour Of battle. -
Page i76.
"-s' This example leads us to the true rule Of
ne law Of nations, in the cases now IN question. In
ambassador cannot be punished because he IS iHde-
sHdeat: and, for the reasons We have alleged, il il
Oj proper to treat him A. an enemy, TIL he himscJ
rOceedS TO OrsTf acts Of riOisHcs but We are justin
bic in adopting against him every measure which
he circumstances OF the case may reasonably require.
lr the purpose Of defeating his Vaccinations, and
verting the evil which he has plotted. If, in order
disconcert and prevent u conspiracy, II were neces-
TO arrest or even put to death an ambassador
rho animates and conducts il, | do not see why we
hOuld for a moment hesitate to take either of those
only because the safety Of the state Is the
uprene liw, but also because, independent OF that
the ambassadors own deeds give Us II perfect
nd particular right 10 proceed to such eNtremitles.'
Page AS. .
We make these somewhat lengthy quotations.
ecause the work from which they are taken is
OF accessible to all. and the subject is one fire.
uently referred to, and inquired about. The
xtracts are sufficient to establish three things
Ist-A citizen can obtain no redress whatever
ON a diplomatic agent through the courts of the
,untry.
2i.-AIl the redress that the Sovereign or Govern
can obtain Except in cases Of open treasOn) is
send u minister back to his government, or apply
n his recall.
3d-where a diplomatic agent becomes the ag-
resSor, a citizen may oppose him, " and give him Il
sson which shall both etiace the stain Of the out
lge, and make the author OF IL blush for his miscon-
net" And yet a citizen is debarred all % thoughts
revenge for any ofense or assault committed.
Now, - Ichat are the rights IF a cih-cH' in cases /
difficulty with diplomatic agents? Every one
nOws that the Constitution and Laws of the :
,untry are framed and adopted for the purpose
protecting citizens in the enjoyment of what {
-er rights may be granted to them. The Con- ,
tuition expressly declares that each member /
society has a right to be protected by it the c
,yernmentI in the enjoyment Of his life, liberty a
ID property, according TO standing laws" /
very citizen who comes here to reside or who {
ay be a native, is clearly promised the enjoy- r
Of certain rights, among which Is that of c
ing allowed TO follow unmolested any business I
may choose. Hence, no man has q right {
threaten, assault or injure another on any
cfert rhaterer. If acgrieved. he has his remedy /
the law. In case of an assault. or inter /
renee with his rights or privileges, for any
whatever, unsuitable or not. he can carry !
: suit into court. where the aggrcssor becomes u
nenable to the penalty prescribed, if the charge t
sr1. taincd This cnIlrsn Is nnnn In Eli casns of O