Page:United States Reports, Volume 1.djvu/128

Rh 

1784.

All the reafons, which eftablifh the independency and inviolability of the perʃon of a Minifter, apply likewife to fecure the immunities of his boujo : It is to be defended from all outrage ; it is under a peculiar protection of the laws ; to invade it‘s freedom is a crime againft the State and all other nations.

The Comites of a Minifter, or thofe of his train, partake alfo of his inviolability. The independency of a Minifter extends to all his houfhold ; theʃe are fo connected with him, that they enjoy his privileges and follow his late. The Secretary to the Embaffy has his commiffion from the Sovereign himfelf ; he is the moft diftinguifhed character in the fuite of a public Minifter, and is in fome inftances confidered as a kind of public Minifter himfelf. Is it not then an extraordinary infult to ufe threats of bodily harm to his perfon in the domicil of the Minifter Plenipotentiary ? If this is tolerated, his freedom of conduct is taken away, the bufinefs of his Sovereign cannot be tranfacted, and his dignity and grandeur will be tarnifhed.

You then have been guilty of an attrocious violation of the law of nations ; you have gofsly infulted gentlemen, the pecuilar objects of this law (gentlemen of admiable characters, and highly efteemed by the government of this State) in a moft wanton and unprovoked manner : And it is now the intereft as well as duty of the government, to animadvert upon your conduct with a becoming feverity,—fuch a feverity as may tend to reform  yourfelf, to deter others from the commiffion of the like crime, preferve the honor of the State, and maintain peace with our  great and good Ally, and the whole world.

A wrong opinion has been entertained concerning the conduct of Lord Chieƒ Juʃtice Holt and the Court of King's-Bench in England, in the noted cafe of the Ruffian Ambaffador. They detained the offenders, after conviction, in prifon, from term to term, until the Czar Peter was fatisfied, without ever proceeding to judgment ; and from this it has been inferred, that the Court doubted, whether they could inflict any puniʃhment for an infraction of the law of nations. But this was not the reafon. The Court never doubted, that the law of nations formed a part of the law of England, and that a violation of this general law could be punifhed by them ; but no punifhment lefs than death would have been though by the Czar an adequate  reparation for the arreft of his Ambaffador ; This punifhment they could not inflict, and ʃuch  a fentence as they could have given, He might have though a frefh infult. Another expedient was therefore fallen upon. However, the Princes of the world, at this day, are more enlightened, and do not require impracticable nor unreafonable reparations for injuries of this kind.

The fecond offence charged in the indictment, namely the Affault and Battery, needs no obfervations.

Upon the whole after a moft attentive confideration on of every circumftance in this cafe, do award, and direct one to pronounce the following fentence :–– That