The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1893-03-09
THE IMMUNITY. OF Foreign DIPLOMATS
FROM LOCAL LAWS
{ Report for Class c by +. L. H.

rather curious thing to contemplate is the
location in the National Capital of a number of
patches of land which are not parts of the
United States territory. nor subject to the laws
of this nation, being in fact portions or frag-
mentS of foreign countries scattered about
Washington.
The United States does not possess over for
egn legations even the right of "eminent do
main. that is to say. it has not the power to take
possession of them, as it can do with any other
land in the country, by condemning and paying
for the property. Nay, more. its authority can
not cross their boundaries without permission.
To attempt to enter a legation and arrest Min
lister. any member of his family. one of his suite,
a servant. or guest within his gates, would be a
cdsJs bcUi with the nation outraged. unless
ample amends for the transgreSSion were made.
Not only is the house and land occupied sacred,
but the furniture and all things appertainng to
it. Nothing in it can be seized for debt or to sat
isfy any legal process. If any action is brought
to recover according to law every person taking
part in bringing and prosecuting the action
would be deemed "viOlatOr of the law of ma
tons and diSturber of the public repOSe " subj ect
to sentence of imprisonment for not more than
three years and fines at the discretion of the
court The United States government never in
terfereS in such matters. considering them be-
meath the dignity of its notice. But the mmll-
nifty of the diplomat from legal process does not
merely attach to him and his property within the
bounds of the legation. He is not subject to az
rest anywhere. or under any circumstances in
this country. The law says he is entitled to
entire exemption from local Jurisdictions either
civil or criminal Wherever he goes the Min
lister represents the rights and dignity of the
sovereign or state by which he is deegated his
person is - sacred and inviolable' And this in
volatility extends to his suite family. and serv-
ants. none of whom is subject to United States
laws or to arrest on any account If the Minis
ter from China should kill one of his attaches or
servants the United States government would
make no attempt to punish him; it would simply
communicate the facts to the China foreign Of
flee and request that something be done. Even
supposing the Minister should choose to kill an
American citizen he would not be arrested. The
notification sent to the home office would simply
be more urgent that is all. The people of the
legation are subject only to the laws of their own
countries. If the servant of Minister should
commit a violation of the law he may be tried
and sentenced by the Minister, but the practice
is to send the accused home for trial. But as ex-
empt as they are from local Jurisdiction criminal
and civil, they cannot make themselves annoying
without rendering themselves undesired in the
eyes of our government. Once SO regarded they
are likely to be requested to go home. Such d
request is not conveyed to them directly of course
but their government is respectfully asked to re-
call them. If any demand of the sort were not
complied with, as it always is, the Objectablt
diplomat would undoubtedly be sent nOlens 10
lens. The person and papers of a Minister car
never be seized unless he is regarded as menace
to the country wherein he resides; in that case il
is necessary to arrest him and send him away
under escort. One other privilege enjoyed by
diplomats is that of importing from abroad free
from duty whatever they want for their own use