Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1876-06-03
Speech of Hon. C. j. Faulkner.

priety in engaging in the Emma Mine specu-
lation, whilst Minister to England, Mr.. Faulk-
ner made the following remarks on the 25th
instant in the House of Representatives
Mr.. FAULKNER. Mr. Speaker, | will
not review any Of the facts of this case. You
have Just heard the report read, aud leave
the facts as there stated to have their proper
impression on your minds. 1t is pleasing
circumstance 10 me that not a bill or report or
resolution has 50 far come from the Committee
on Foreign Affairs during the present session
of Congress which has not been unanimously
concurred in by that committee. Such is the
case with the resolution now submitted for
the adoption Of this body. We have concur
red in acquitting the late American minister
Of any knowledge of the fraud which in
Spiged the Emma mine speculation, and which
50 alroiiy and successfully imposed it upon
the British public yet at the same time we
condemn Gen. Schenck for permitting himself
to be made an instrument by designing men,
to mature aud give character to private bus
mess transaction which has brought reproach
upon American credit in all the bourses aud
exchanges of Europe. While, therefore, we
acquit him Of all such knowledge of the real
character Of that transaction and of the mo-
tivcs of its promoters as would in court of
Justice make him party to the conspiracy,
yet we are equally decided in our conviction
that the active aid aud support which. as the
accredited representative of this nation, he
gave to that unfortunate and disreputable
speculation was an official improperly Of the
grayest character, which ought u receive the
condemnation Of this House.
II Genera! Scheuck had made himself IA
miliaT with the doctrines Of public law, he
would have seen that there has not been pub
lie jurist since the days Of Grotius who, ii he
touched upon this particular branch of the
subject at all, has not expressed his decided
condemnation Of the practice of ambassadors
and ministers becoming engaged in the pur-
suits Of trade aud commerce, or in private en-
terprises Of any kind, in the country to which
they have been accredited. All pursuits and
occupations of that character are utterly in
compatible with the duties, position, and dig
nifty OF the representative of 4 sovereign power.
Such emplOymentS must not only withdraw
his time and attention from the peculiar and
responsible duties which deyolve upon him,
but they impair his social and public standing,
aud often lead to humiiating exhibitions in
the courts of such foreign country. The iu-
volatility attached to public minister is
among the cardinal principles of public law.
Tosuround him with that perfect udependen
and dignity which should belong 10 the repre-
sentative of a sovereign power, his person, his
house, bis Office. his family aud servants,
bis personal property. are all with
drawn from the jurisdiction of the coUatry in
which he resides, aud are placed under the
protection of international law. Nothing can
more sgnally illusirute the general sentiment
Of the enlightened world in notwithstanding
practices of this kind in diplomatic agents
than the doctrine recognized in tne courts Of
this country aud Englaud, aud in every other
court of Justice in Europe, that if minister
departs from the proper sphere Of his duties,
aud engages in the pursuits of trade and COM
merce of any kind, he fJrieitS, as to all pro-
perty So invested and acquired the privileges
OF his diplomatic character, aud such proper
" becomes the subject Of seizure by lo-al pro-
cess Ike that fany ether subject Of the realm.
This connection with private transactions
drags him down from his high position as the
privileged representative of a sovereign power,
and brings him to a level, 50 far at least as
that property is concerned-of an ordinary
liTsaut in the country 10 which he has been
thus accredited.
1t is toav0id this unseemly descent from his
high privileges as a minister accorded to him
by international law, aud to guard against the
disgracelul spectacle Of seeing nations rep
rcseutatiye struggling in the courts of a for
eisn country against grnSpiug and cnrased
creditors that the doctrine has been so i'm
pressiyely announced that no minister can,
without a gross violation of the prophecies of
his position, become engaged in the pursuits
/ Of trade or commerce in the county to which
he has been sent as a minister.
If this be true as to the ordinary pursuits
Of trade and commerce, which are not Obiec-
iionab.e in themselves, how much more az
| Gravated is the improperly when q minister
assumes TO patr0uize an essentially hazardous
/ enterprise, originating in his own country and
/ transferred for the purposes Of speculation to
| the country in which he is accredited when
| he becomes a pint associate and partner in
/ that enterprise; when he becomes one Of its
T recognized aud public managers when he
/ uuites in a prospectus embracing some very
| doubtful facts, inviting the people Of that
: friendly nation % invest their money 10 that
speculation; when he gives the full weight Of
his cfisitl character and position to the success
of tie scheme, and who, when he finds that lie
and others have been deceived by the pro-
moicrs Of this speculation, seeks to retrieve
his losses by the hazards OF the stock board
Now. sir. General Schenrk might not be per-
sonal'y liable 70 have lis body taken before
the British courts while he was minister in
London. yet no one can question that all the
shares Of stock that heacQuirtd in that company
nc after the lSt of January, 1872. they were
worth the pursuit. might have been taken I'M
der proper process of the courts. and the hui
initiating spectacle exhibited OF an American
minister engaged in legal controversy in the
courts Of the coun:ry TO which he had been
accredited.
louJt ii a case has occurred 10 Europe
within the present century where any person
holding the rank Of a minister plenipotentiary
disconnected himself publicly with any private
enterprise in the country Of hismission, unless
It he the case Of the Duke of Sallluha. the
Portuguese minister at the British court This
has been the only case which General Scheuck
has been able TO cite Ia Justification or extenu-
alton Of his conduct and Il was that precedent
which, as he says, led him into the grave er-
ror. which is the subject Of our examination
But even that case if it were precedent
worthy Of notice, differs in many essential
particulars from the Emma Mine enterprise
The concession to construct the Lisbon Steam
Tramway Company was an exclusive conces-
sion made BY the Portuguese government to
the Duke Of Sallanha himself, its minister A.;
be was made in his own country tie president
Of that company and the sole purpose Of his