The Morning herald., 1876-02-11
THE HERALD.
WILMINGTON, FEBRUARY II, 1875

WILMINGTON, FEBRUARY II, 1879
our MINISTER TO BNaLAND.
We have been rather unfortunate now
and then. in the choice Of our Ambassador.
and Envoyslto Foreign Courts. Our MIN
lister to Portugal about fifteen years ago
was guilty of correspondence with some
leading men in the Southern Confederacy.
soule behaved quite badly in Spain !; Cen
eral Fitzpatrick was compelled to leave
Santiago for his open proaigacy and indie
cency. 1t was bad enough truly, that in
England We we're made the subject Of ridi-
cule BY the famous effort Of Minister
schenck, to teach the Britons how to play
poker this was triAing--to the scandal
relative to the Emma Mine. We do not
believe, and indeed it would be hard to
convinoe US, that Mr.. schenck went into
that scheme with any dishonest intent !
but his blunder n being led into the doing
Of that-which was obnoxious to the char
acter of an Ambassador was SO gross as to
sink almost to the level Of crime.
We. are in great part represented
abroad by ss7
"Mute ambassadors who grandly scornto
Main any language save the one theyre
born TO-"
But this is not ALIVE are frequently repre-
sented by men who are ignorant of inter-
national law, or At least show by their con-
duct, that they are ignorant thereof
How it was that Mr.. schenck permitted
himself to become partner in CONNER
cial concern, is amazing. 1t can only be
accounted for, upon the score Of Ignorance
of the requirements of his position as an
ambassador. In the many articles we have
read upon this subject, some denunciatory
some apolegetic-we have failed to see one
that specially informed the general public,
in what particular our Minister violated
the immunities Of his position, and rem
dered his recall a duty which the
President owed to the American people.
"The independence of public minister, -
says Vattel in his Lac of Nations, ''is the
true reason of his exemption from the jur-
isdictien of the country in which he resides.
No legal process can be directly issued
against him, because he is not subject to
the authority of the Prince or the Magis.
trates."
1t is true that Vattel also lays down the
rule, that if minister so far forgets his
dignity as to
Embark in any kind of commerce or
trade, although no legal process can issue
against him for debts so contracted; he
may nevertheless, by attachment of the
property connected with the mercantile
adventure, be thus indirectly compelled to
plead in his own defence"
1t ia thus that Minister !5chenck has
been forced to plead in the English Courts
as a defendant.
If Mr.. schenck had kept in sight the
following paragraph from Vattel, wherein
is clearly stated the principle Of interna-
tional law as applied to ambassadors: he
would have not fallen, from an honored
position, to that he now occupies.
"But if an ambassador chooses to renounce
part of his independency, and to subject
himself in civil affairs to the jurisdiction OF
the country, he is at liberty to do SO, pro.
vided It b. done Nth his sovsreign's consent
Without such consent, the ambassador has
no right to renounce privileges in which the
dignity and service OF his sovereign is con
cerned, which are founded on his sovereign'f
rights, and instituted for his advantage
not for that of the minister. p Tattels Lau
Of Nasto~s, book ". chap. VIII.
Burying the slander about the attend
ant trickery Of the mining adventure ou
Of sight, as fact not proven, and on,
which Mr.. Schenck may be we'll able tt
answer, it is however not creditable to re
tain as Ambassador, gentleman wht
either through ignorance, or belief in th'
"Higher Law" so common in the school o
politics in which he was a shining light
sins against the very letter, and spirit @
that international code which regulates tn
immunities, rights, and duties Of nations
and their representatives. If he has slime,
through ignorance he is unfit, and if h
has sinned wilfully he has disquali6e'
himself by crime against the majority o
the American people.
We graciously pray our 1mperator t.
recall Mr.. Schenck at ence.