Page:United States Reports, Volume 1.djvu/127

116 

1784.

To thefe queftions we have given the following anfwers in writings :—

“ In compliance with the requeft of his Excellency, the Prefident,

“ and the Honorable the Supreme Executive Council, we poftpon

“ed paffing fentence upon Charles-Julian De Longchamps, until

“ we had maturely confidered the three queftions above propofed

“ for our determination. On the 10th and 12th days of July the

“ feveral queftions were argued before the Court by five Counfel,

“ two on the affirmative and three on the negative side. We have

“ kept the matter under advifement until this day, and now deli-

“ ver our opinion thereupon.

1. “And as to the firft queftion, we anfwer, That it is our

“ opinion, that in this caʃe, Charles-Julian De Longchamps cannot

“ be legally delivered up by Council, according to the claim made

“ by the Minifter of France. Though, we think, cafes may occur,

“where Council could, pro bone publico,  and to prevent attrocious

“ offenders evading punifhment, deliver them up to the Juftice

“ of the Country to which they belong, or where the offences were

“ committed.

2.  “Punifhments muft be inflicted in the fame County where

“ the Criminals were tried and convicted, unlefs the record of the

“ attainder be removed into the Supreme Court, which may award

“ execution in the County were it fits ; they muft be fuch as the

“ laws exprefsly prefcribe ; or where no ftated or fixed judgment

“ is directed, according to the legal diʃcretion of the Court ; but

“ judgments muft be certain and deƒinite in all refpects. Therefore,

“ we conclude, that the Defendant cannot be imprifoned, until his

“ moft Chriftian Majefty fhall declare, that the reparation is fatis-

“factory.

3.“The anfwer to the laft queftion is rendered unneceffary

“ by the above anfwer to the fecond queftion.”

The foregoing anfwers having been given, it only remains for the Court to pronounce fentence upon you. This fentence muft be governed by a due confideration of the enormity and dangerous tendency of the offences you have committed, of the willfulnefs, deliberation, and malice, wherewith they were done, of the quality and degree of the offended and offender, the provocation given, and all other circumftances which may any way aggravate or extenuate the guilt.

The firft crime in the indictment is an infraction of the law of Nations. This law, in its full extent, is part of the law of this State, and is to be collected from the practice of different Nations, and the authority of writers.

The perʃon of a public minifter is facred and inviolable. Whoever offers any violence to him, not only affronts the Sovereign he reprefents, but alfo hurts the common fafety and well-being of nations ; —he is guilty of a crime againft the whole world. All