The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-01

note 70 wheaton. 29). The Romans held the per-
son OF puoic minister to be lny,0lable and en-
nails. 10 eacn minister WAS gwen the immunity
to he tried before The tribunals Of the country by
winch nc was delegated.
Interesting was the case Of Mr.. Wheaton with
the Prussian government, where an article OF the
civil code emitting the lessor lien on the NOV
able property OF the less was brought IN ques-
ton. To enforce the article the AID OF the Court
was necessary. The Prusslan government sus-
ta,nei the landlord, but Mr. Wheaton replied that
he was thus put on level with His Prussian
Majesty's subjects Alter considerable correspond
ence between the two governments the question
Was dropped. The point 10 settled with many that
q Minister cannot be demanded to appear as wit
ness IN case. because thereby authority over his
time Is necessltated In 1856 the Minister o. the
MEMBRANES at washington was requested (the
right OF refusal being admltted). but not demand
ed, TO appear as witness y the Herbert murder
case, but lie declined The question has been
much discussed whether an ambassador may vol
unfairly appear before the courts. This point
concerns tue minister's sovereign. and his perms-
sion must nrst be sought. Does he waive his
rights and come before the courts he ls subject to
the usual ordsr OF procedure lWneaton, Philmore).
Minister OF Foreign Affairs Tor protection IL Is his
duty to extend II tBluntscbID.
King Alphonso vi, Of Portugal. were seized Tor
debt and publicly sold. In 1868 the Minister under
took to leave The Hague without having satisfied
his creditors. Inc latter applied to the Neither
lands government for protec ION, whereupon the
Minister was first detained in q hotel with
guard, bat subsequently, placed in a connon
prison. The case resulted in "a decision made In
1879 Dy the Netherlands government, "tnas am
bassadors, ministers. their suits ana ianiles,
whether residing In or passing through the coun-
try, cannot be ARE tea or detained for any debts
which they NAV contract" An interesting case
was the arrest, In the rei4n Oi queen Anne, l10S,
Of the Russian Ambassador, IN London, who was
taken from mis- coach Tor debt o. $50. Tue Car
resented the aifront and demanded tie execution
OF the sheriff and all Others concerned In the ar
rest. The Queen replied that sne would In1ict no
punishment on ner subjects unless warranted by
the law Of the land. Nevertheless. an act OF Par
lament was immediately passed by her orders
freeing foreign ministers rom arrest ana the jurls-
dictlon OF her tribunals. copy OF thls act was
engrosSed and Illuminated and O minister extra
ordinary despatched with 1t st. Petersburg. SO
the CZars wrath was allayed.
international law, therefore, should have taught
the Vienna Foreign once not to insult minister
by supporting the summons OF its courts.
NOW, WINE u we nusI CONSIDER me CONDUCT OF tne
interfere ~ all in the matter directly at vari
ance with International law and custom, 1t is still
a question as 10 how lar MIR. Jay has acted morally
right. Legally, he has the law on his side, for a
positive and distinct understanding which the
landlord entered with him on the new lease has no
value, because the new contract was never signed.
An eminent Vienna lawyer has expressed the
opinion that since the written contract, because
quenty, perfect right to give half years notice
instead OF whole year, and thai he Will succeed
Mr.. Jay gave notice to the Imperial Dis
trlct Court OF his determination to leave
at the expiration Of six months nonce,
over his head. The landlord denying this (Mr. Jay
accepted the rumor as true), Mr.. jays case would
have been very leaky but Tor the fortunate circcm
produced IN Vienna is, OF course, unIavorable TO
Mr.. Jay; yet we cannot bring ourselves to sympa.
JhiZe with the landlord who would do WELL In
stead Of grooming over his loss to relet his house
instead OF allowing 1t TO remain empty. The whole
correspondence in the matter has been trans
mitted to President Grant. 1t Is said that the
landlord intends to ask the United States govern
ment tor satisfaction anu justice In the matter.
Mr.. Jay sails from Liverpool With his family IN the
second week or May The Hon. II. Garretson, our
chief Commissioner at the Vienna Exposition, sails
with him.