Page:United States Reports, Volume 1.djvu/89

 78  in the Common Pleas in England—But where the original writ iues out of the court, returnable into the ame court, as was the to that tate, was attached in Philadelphia. The delegates in Congres from Virginia, conceiving this a violation of the laws of nations, applied to the upreme executive council of Pennylvania, by whom the heriff was ordered to give up the goods.

The council for the plaintiff, finding that the heriff uppreed the writ, and made no return of his proceedings, obtained, September 20, 1781, a rule that the heriff hould return the writ, unles caue was hewn.

They contended that the heriff was a miniterial officer: that he could not dipute the authority of the court out of which the writ iued, but was bound to execute and return it as his own peril. 6 Co. 54.

That thoe caes in England, where the heriff was not compelled to return writs iued againt ambaadors or their retinue, depended upon the tat. 7. Ann. c. 12. which did not extend to this tate.

The Attorney General, on the part of the heriff, and by direction of the upreme executive council, hewed caue, and prayed that the rule might be dicharged.

He premied, that though the everal tates, which form our federal republic, had, by the confederation, ceded many of the prerogatives of overeignty to the United States, yet thee voluntary engagements did not injure their independence on each other; but that each was a overeign, “with every power, juridiction, and right, not expresly given up.”

He then laid down two poitions. Firt: that every kind of proces, iued againt a overeign, is a violation of the laws of nations; and is in itself null and void. Secondly: that a heriff cannot be compelled to erve or return a void writ.

I. The firt point he endeavoured to prove, by conidering firt the nature of overeignty; and econdly, the rules of law, relative to proces iued againt ambaadors, the repreentatives of overeigns.

He aid, that all overeigns are in a tate of equality and independence, exempt from each other’s juridiction, and accountable to no power on earth, unles with their own conent.

That overeigns, with regard to each other, were always conidered as individuals in a tate of nature, where all enjoy the ame prerogatives, where there could be no ubordination to a upreme authority, nor any judge to define their rights, or redres their wrongs.

That all juridiction implies uperiority over the party, and authority in the judge to execute his decrees: but there could be no uperiority, where there was a perfect equality—no authority, where there was an entire independence.

That the king of England, as overeign of the nation, is aid to be independent of all, and ubject to no one but God: and his crown is tiled imperial, on purpoe to aert that he owes no kind of ubjection to any potentate on earth. No compulory action can be brought againt him, even in his own courts.

That a overeign, when in a foreign country, is always conidered by civilized nations, as exempt from its juridiction, privileged from arrets, and not ubject to its laws.

Hence this inference was drawn, that the court having no juridiction over Virginia, all its proces againt that tate, mut be , and conequently void. 1 Vatt. p. 2. 133. 2. Vatt. 158. 1 Blackt. 141. 5 Bac. 450.

It was then oberved, that there being no intance in our law books, of any proces againt a overeign, it was proper to conider the rules of law relative to proces againt their repreentatives.

The tatute of Ann was read, with the hitory of the outrage that gave birth to it; which act declares that all proces againt the peron, or goods, or dometics of an ambaador hall be null and void, and all concerned in iuing or serving it, hould be punihed as infractors of the laws of nations.

That this tatute was not introductory of any rule, but barely declaratory of the laws of nations. That there was nothing new in it, except the claue percribing a ummary mode of punihment. That it was a part of the common law of the land before, and conequently extended to Pennylvania. 4 Blackt. 67. 3 Burr. 1480. 4 Burr. 2016.

cae

Hence