Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-26
BACKGROUND OF EVENTS
BY PAUL Y. COLLINS.

"Once upon time, the Spanish
Minister had occasion to complain of
breach of the privilege of immunity
due the secretary of the legation. Senior
Rivas Salmon. All that that poor fish
had done was to whip the son Of
native American, Mr. Kirk, and the
foolish father swore out warrant for
Salmon's assault and battery on his
son. Later, the Mr.. Kirk apologized
and explained that he did not know that
Mr.. Salmon was a diplomat when he
Swore out the warrant, so Kirk was
sentenced, but ever since then the
soldier boys have hated salmon and
called it canned goldfish That's how
diplomatic immunity works. Gosh. shall
not diplomat lick native at will?
Secretary of State Henry Clay thought
so, and apologiZed to Spain. Just a
century and a year ago. Remember
the Maine!' had not then been heard of.
We may whip a whole nation. but not
object to an individual, diplomatic
spanking from a minister plenipoten-
tiary and envoy extraordinary. There
Is nothing so diplomatic as a personal
inferiority complex by native Amer
ican."
Nevertheless, sometimes the worm
will turn. Everybody knows about one
Monroe Doctrine. and sometimes that
has been assumed TO be chip on the
shoulder of Uncle Samuel. but here is
quite another Monroe Doctrine. as ex-
pressed by the Department of State,
December 10, 1923:
while the President IS anxious that
every member of the diplomatic corps
should constantly enjoy all the security
inn u-t1i oro mt
by public law, 1t is no less his duty to
exercise all the authority he possesses
to prevent any wrongs from being COM
mitted upon American citizens by any
member Of that corps.
Nothing can justify any functionary
of foreign legation in taking law into
his own hands and carving out the
measure of his own redress. The Presi-
dent. therefore, expects that you will
be able to make out for Mr.. Salmon
(secretary of legation) a satisfactory
explanation or justification of the
assault and battery committed by him
and of the indignity offered to the
process server by tearing I'D the writ
issued by a public magistrate, ETC."
X x X
In 1855 Attorney General Gushing
ruled in a case of a Minister:
If the crime committed by a public
Minister affect individuals only, the
government of the country is to demand
his recall; and If his government refuses
to recall him, he may be expelled by
force or be brought to trial, as no longer
entitled to the immunities of Minister.
If the crime affects the public safety
of the country. its government may,
for urgent causes, either seize and hold
his person till the danger be passed
or expel him from the country by force:
for the safety of the state, which Is
superior TO other considerations, Is not
to be perilled by overstrained regard for
the privileges of an Ambassador"
ALI diplomatic immunity is based upon
the condition that 1t is claimed under
circumstances of good faith and sin
cerity Of the claimant Diplomats must
come TO the White House with legally
clean hands" 1t has been charged
that some attaches of legations. today.
are bootleggers in disguise, peddling the
immune" intoxicantS to corrupt Amer
lean citizens. If such be proved, their
immunity ceases.
In England. some years ago, it was a
common practice for debtors to secure
nominal positions as attaches of lega-
tionS for the sole purpose of avoiding
collection Of their debts, by claiming
immunity. Lord Mansfield records
passage covering such subterfuges. and
our Attorney General Writ. advising
Secretary Of State Adams, III 1918, COM
mented as follows:
THE mischief which Lord Mansfield
points out is not ideal. AS little as it
might be expected from the dignity of
the Office, the English books abound
with instances of attempts of foreign
ministers to screen debtors from their
creditors by the abuse of this privilege,
and some of those cases are marked
with an audacity equaled only by their
absurdity.
Thus, in one case an attempt was
made to protect a debtor on the ground
Of his being ostler to foreign minister,
who. 1t was proven, never kept horses;
in another, on the ground of the de-
PENDANTS being coachman to foreign
minister who kept no coach; In third
of his being a cook to one who kept
no kitchen nor culinary implements; in
fourth, of his being gardener to one
who had no garden; in fifth. of his
being physician, although there was
no proof that he had ever prescribed in
his life: and In a sixth. on the ground
of his being an English chaplain to the
Ambassador from Morocco, who was a
MdlluIiCtdIl.
1t is passe now to screen debtors that
way, but how about modern boot
leggers?
Bert Harte may not have done justice
to the Chinaman. but II he was speak
ing automatically
Which wish to remark
And my language Is plain
That for wayS that are dark,
And for tricks that are vain,
Some diplomats still are peculiar;
Which the same 1 would rise to
explain.
X X y X
Nevertheless. there are real problems
in this diplomatic immunity. Upon the
theory that an embassy or legation is
foreign SOIL" over which our Govern
ment has no jurisdiction-which is not
exactly true-the question was once
propounded to the British Ambassador
as to what would be the right iurisdic-
ton in case he, the British Ambassador.
were to murder the French Ambassador
in front of the American Department
of State. He pondered awhile over the
puzzling question, but finally hit upon
way to cut the Gordian knot by an
swering that he really had no intention
TO murder the French Ambassador.