Изображения страниц
PDF

STATEMENT OF DISEASES, of it, during the past season, has been ved Froin the 20th of April to the 20th of May. ry successful, and the lancer has been

'Fue weather during the latter part of rather unfrequently emploved. Nu April was generally cool and the winds merous rheumatic affections have appearfrom the north-east. They have boughted this month. Fever has been very us but little of the vernal mildness; for al- common, efpecially among children. though the sky has scarce been covered The invasion of this disease has been with a cloud, yet chilling breezes froón generally fidden and severe, but of short the east have reigned almwort uninterupt- duration. Those chronic affections of ediy. The month, on the wbole, has the lungs,which have exifted some time, becia reinarkable for its cooluefs and dry. have been mach aggravated during this

month, and r.ew ones have appeared. Pikuzonie inflammation has been Small pox has again thrown itself; andin quite a common diseale, during the past the centre of the most populous part of month. In many cases the attack has the town. The early removal of the pur been violent ; but has soon yeiided to the tient prevented the infection being comvigorous application of reinedies, and municated for this time. Vaccination is without much I fi of blood. As far as oot very widely diffused through the town. obiervations and information relative to Scarcely have there ever existed fo many this disease bave extended, the treatment cales at one time, as at present.

We cannot deny ourselves the pleasure of inserting the following speech, which has never before been published, although its length compels us to exclude a part of our usual collection. As the subject dues not respect any local anu teinporary question of party politicks, we do not by its inscrtion depart from our principle of ever intronching on the province of the gazettes. The deeply learned and profound investigations of this liberal and accomplished scholar will be appreciated by all who are qualified to judge.

which siny

shable to

. MR. ADAMS'S SPEECH On the Bilt to prevent the cb48€ of the privilizes and immunities en:

joyed by foreign ministers within the United States.
THE BILL.

personally insult or treat with disrespect the Pre

Titlent of the U. S. for the time being, the faid BE it enacted, lc. "That from and after the President thall be, and is hereby authorised, at his palace of this act, if any foreign amballadur, dulcren), to clerthe said ambalador, minister minister, or other perfor, entitled to eniow within or other perfon footlending, to withdraw from the U. S. The privileges and iminunities of a the fat of goverrunent and the territory of Colforeizu minister, thall commit any violation of urbin, or to depart from the U. S. and the territhe inunicipal laws; which, if coinmitted by a tories thereof; and in case of refusal or negica Pro arenable to the ordinary judicial authori. by such asballauor, minister, or other person as ty of the place, where lach ambalad , mipitter, afurelaid, to obey ruch order within a reasonable or other perfon, may ive at the time of coinnit time, of which the faid president thall judge, the ting luch offence, would be indicrabic by a grand faid prcádens ihall be, and is hereby further aujury, and punithabie by duatli, by corporal pun- tlorisid to fund the said ainballador, minifter, or ith net, or by imprisonnent or continne it to other person as aforelaid, home to his fovercign ; labour, the pretidant of the US. upon applica. and in cither cafe to deinand of the said sovertion in de to bin by the executive authority of eign, the punithinent of such offending amballathe Itars or territory where fuch cifence may be der, minister, or other perion as a forcfiud, accordcoinnited, or upon the complaint to him of any ing to the nature and aggravation of thic offence; perion injured or irricved by such oflchce so 210 conforın bie to the laws of nations. Committed, and upon prof of the facts, fati fic. Sec. 3. That in every case, when the president tory to the laid pretilent, being furned to hiin of the U. S. 1Hall, under the authority of this act, in support of such application or complaint, order any foreign amballa or, minister, or other Arall be, and hereby is authorifol to demnand of perfon entitled to enjoy within the U. S. the prithe fovereion of the faid offending ambastador, vileges and immunities of a foreign minister, to minifter, of other pertun, juttice upon the offend. withdraw from the seat of government and the er, 1111reparation to any person or persons thus territory of Columbia ; or to depart from the

jured or a. icvcd ; and in case of the refurii U.S. and the territorics thereof; or shall send any unelect of the mail foreign to comply with such orfending ambasador, minifter, or other per fuch demand for juttice ans! reparation, the pre. fon as aforefaid, liome to his sovereign the said fident of the U. Sislereby further autoritato President iball, in the order given to such ambasta order lich am yalindor,' minifter, or other perfon dor, minifter, or other perfon as aforesaid, to deto ollending, to depart from the U. ). and the part, or to withdraw, lignify the otience upon territories thereof, or to fend him home to his which fuck order thall be founded ; and shall al fovereign, according to the aggravation of the fiy to the fovereign of the said ambasador, min. offence, and at his the said prchdent's discretion. ster, or other perton as aforesaid, the reacons for

sec. . That froin and after the past ye of this which iuch order ihall have been giveri, er for act, if any forti nambatador, ininistar, or other wlrich the Ghid ainballador, minifter, or other perperfon entitled to enjoy within the U S the wri fun as aforesaid, shall be sent home; particularly vilexes and iminunitice of a forcign roinister, thall specifying that such proceedings are not on acwithin the U. S. or the territories thereof com count of any national differences, but on account mit any act of hoftility or enter into any confpi- of the personal inisconduct of such ambasador Facy against the government of the U.S. or ihall minitter, or other person as aforesaid.

us price and reign

SENATE OF THE UNITED STATES. the destruction of the constitution Monday, March 3. 1806. or government of the state, no jury

of his peers can there convict him MR. ADAMS

of treason. Should he point the

dagger of assassination to the heart THERE are two points of view, of a citizen, he cannot be put to Mr. President, in which it appears plead for the crime of murder. to me to be important that the In these respects he is considered provisions of this bill should be as the subject not of the state to considered : The one, as they rey which he is, sent, but of the state late to the laws of nations; and the which sent him, and the only pun. other, as they regard the constitu ishment which can be inflicted on tion of the United States. From his crimes is left to the justice of both these sources have arisen in his master. ducements, combining to produce In a republican government, conviction upon my mind of the like that under which we have the propriety, and indeed the necessity happiness to live, this exemption of some measure, similar in prin- is not enjoyed by any individual ciple to that which I have had the of the nation itself, however exalt, honour to propose. I shall take ed in rank or station. It is our the liberty to state them in their pride and glory that all are equal turns ; endeavouring to keep them in the eyes of the law : that, how.' as distinct from each other, as the ever adorned with dignity, or arm. great and obvious difference of ed with power, no man, owing altheir character requires, and that legiance to the majesty of the their combination on this occasion nation, can skreen himself from may appear in the striking light, the vindictive arm of her justice ; which may render it the most ef- vet even the nations whose interfectual.

nal constitutions are founded upon By the laws of nations a foreign this virtuous and honourable prinminister is entitled, not barely to ciple of equal and universal rights, the general security and protection have like all the rest submitted to which the laws of every civilized this great and extraordinary expeople extend to the subjects of ception. In order to account for other nations residing among so singular a deviation from printhem : he is indulged with many ciples in every other respect privileges of a high and uncommon deemed of the highest moment nature ; with many exemption. and of the most universal applicafrom the operation of the laws of tion, we must enquire into the the country where he resides,and a- reasons which have induced all the mong others with a general exemp- nations of the civilized world to this tion from the jurisdiction of the ju; broad departure from the fundamendicial courts, both civil and crimin- tal maxims of their government. al. This immunity is, in respect to T'he most eminent writers on the criminal jurisdiction, without the laws of nations have at differlimitation ; and an ambassador, tho' ent times assigned various reasons guilty of the most aggravated crimes for this phenomenon in politicks which the heart of man can con- and morals. It has sometimes ceive, or his hand commit, cannot been said to rest upon fictions of be punished for them by the tribu- law. The reasoning has been nals of the sovereign with whom thus ; every sovereign prince is

e resides. Should he conspire independent of all others and as , such, cannot, even when person- official conduct ; to his acts in the Elly within the territories of anoth- capacity of a minister and not to his er, be amenable to his jurisdiction. private and individual affairs. The An ambassador represents the per minister can represent the person son of his inaster, and therefore of the prince, no otherwise than must enjoy the same immunities: as any agent or factor represents but this reasoning cannot be satis- the person of his principal ; and factory ; for in the first place, a it would be an ill compliment to a foreign misister does not necessa- sovereign prince, to consider him rily represent the person of his as personally represented by his master ; he represents him only minister in the commission of an in his affairs ; and besides repre- atrocious crime. Another objecsenting him, he has a personal ex- tion against this wide-encroaching istence of his own, altogether dis- inference from the doctrine of pertinct from his representative char- sonal representation is, that it is suite acter, and for which, on the prin- able only to monarchies. The minciples of common sense, he ought, ister of a king may be feigned to like every other individual, to be represent, in all respects, the perresponsible ; at other times anoth- son of his master ; but what perer fiction of law has been alledged, son can be represented by the amin this manner ; the foreign min- bassador of a republick? If I am ister is not the subject of the state answered, the moral person of the to which he is sent, but of his own nation ; then I reply, that can be sovereign. He is therefore, to be represented by no individual, being considered as still residing within itself a fiction in law, incapable of the territories of his master, and committing any act, and having no not in those of the prince to whom corporeal existence susceptible of he is accredited. But this fiction, representation. I have said thus like the other, forgets the personal existence of the minister. * It is

+ The representative character of the dangerous at all times to derive ambassador is the sign of representation important practical consequences of the sovereign who fends, addressed to from fictions of law, in direct op the sovereign who receives the minister. position to the fact If the prin. Ambassadors being naturally the mandato

ries of the prince by whom they are sent, ciple of personal representation,

"; the representative character, by the law or that of exterritoriality, annexed of nature, confists in the power of trans. to the character of a foreign min acting any publick business in the name ister be admitted at all, it can in and right of the sovereign, by whom they sound argument apply only to his ate sent, with another lovereign power :

consequently by the law of nature an

Ambassador is not as it were the same moral * It is manifest, that if exterritoriality perfon as he who sends him, so as to be were to be allowed to ministers in the the same as if his master himself were whole extent of the term, it would entitle present ; nor is the prince to whom he them to many rights which they certain is sent bound to consider him as his ely have not : on the other hand the pri qual. And as there is no necesity, either vileges allowed them extend far beyond for the transaction of butineis, or for the what the universal law of nations pre- dignity of the fender, which may be preScibes in their favour on this ground. ferved without it, of that representative Both these positions will be proved here character which confists in the power of after, and also that this extremely loose notion representing the person of the lender, of exterritoriality is not always futhicient neither is the representative character, to ascertain the rights to which a minis. when stretched beyond the rules of naturer may pretend. Martens' Summary ral law, any part of the voluntary lar of of the Modern Law of Nations. Bacle 7, ch.5. nations: and confequently if introduced much on this subject, because I They are the only instruments have heard in conversation these by which the miseries of war can legal fictions alledged against the be averted when it approaches, or adoption of the bill on your table, terminated when it exists. It is and because they may perhaps be by their agency that the prejudices urged against it here.

of contending nations are to be disBut it is neither in the fiction of sipated, that the violent and deexterritoriality, nor in that of per- Structive passions of nations are to sonal representation that we are to be appeased ; that men, as far as seek for the substantial reason up- their nature will admit, are to be on which the customary law of na- converted from butchers of their tions bas founded the extraordina- kind, into a band of friends and ry privileges of ambassadors-It brothers. It is this consideration, is in the nature of their office, of Sir, which, by the common contheir duties, and of their situation. Sent of mankind, has surrounded

By their office, they are intend with sanctity the official character ed to be the mediators of peace, of ambassadors. It is this which of commerce, and of friendship has enlarged their independency between nations ; by their dutics, to such an immeasurable extent. they are bound to maintain with It is this which has loosed them firmness, though in the spirit of from all the customary ties which conciliation, the rights, the honour, bind together the social compact and the interests of their nation, of common rights and common even in the midst of those who obligations. have opposing interests, who assert B ut immunities of a nature so conflicting rights, and who are extraordinary cannot, from the guided by an equal and adverse nature of mankind, be frequently sense of honour ; by their situa- conferred, without becoming liation, they would, without some ex. ble to frequent abuse. As ambastraordinary provision in their fa- sadors are still beings subject to vour, be at the mercy of the very the passions, the vices, and infirmprince against whom they are thus ities, of man, however exempted to maintain the rights, the honour, from the danger of punishment, and the interest of their own. As they are not exempt from the come the ministers of peace and friend- mission of crimes. Besides their ship, their functions are not only participation in the imperfections of the highest and most beneficial of humanity, they have temptautility, but of indispensable neces- tions and opportunities peculiar to sity to all nations, having any mu- themselves, to transgressions of a tual intercourse with each other. very dangerous description, and a

very aggravated character. While by usage it is part of the customary law; the functions of their office place in if by treaty, part of the conventional their hands the management of law of nations. Wherefore the confequen

those great controversies, upon ces derived from this character respecting Ambassadors, belong neither to the law

which whole nations are wont to of nature, nor to the voluntary law of stake their existence, while their nations ; much less do they sanction the situations afford them the means gratuitous additions by which they are and stimulate them to the employe amplified. Hence no nation is bound to

ment of the base but powerful acknowledge them, unless in consequence of express stipulation. Wolf. Inftitutes

weapons of faction, of corruption, of tbe larv of nature and nations. Part. 6,

and of treachery, their very privicb, 10, 9.1242.

leges and immunities concur in

assailing their integrity, by the admitted by the concurrent testi, promise of security even in case mony of all the writers on the of defeat ; of impunity even after laws of nations, and has the sanc, detection.

tion of practice equally universal. The experience of all ages and It results indeed as a consequence of every nation has therefore point absolutely necessary from the ined to the necessity of erecting dependence of foreign ministers some barrier against the abuse of on the judicial authority, and is of those immunities and privileges, perfectly reconcileable with it. with which foreign ministers have As respects the offended nation, it at all times, and every where, been is a measure of self-defence, justiindulged. In some aggravated in- fied by the acknowledged destitustances the rulers of the state, tion of every other remedy. As where the crime was committed, respects the offending minister, it have boldly broken down the wall is the only means of remitting him of privilege under which the guil- for trial and punishment to the trity stranger would fain have shel- bunals whose jurisdiction he cantered himself, and in defiance of not recuse ; and as respects his the laws of nations have delivered sovereign, it preserves inviolate up the criminal to the tribunals of his rights, and at the same time the country, for trial, sentence and manifests that confidence in his execution. At other tines the justice, which civilized nations, popular indignation, by a process living in amity, are bound to place still more irregular, has without in each other.* the forms of law, wreaked its vengeance upon the perpetrators of It seems it may be said on this subthose crimes, which otherwise ję& that there is no casc, in which the must have remained unwhipp'd of

É ordinary tribunals can extend their ju

O risdiction over publick ministers; and justice. Cases have sometimes this with the more confidence, as I find ic occurred, when the principles of is the opinion of Grotius. This is inconself preservation and defence have testible with regard to common offences; justified the injured government, and as for crimes of Itatę, wherein the endangered in its vital parts, in

ambassador violates the law of nations,

particularly if he attempt the life of the arresting the person of such a

prince to whom he is fent, the sovereign minister during the crisis of dan- aione, or the council of state in his beger, and confining him under half, can take cognizance of it, can arrest guard until he could with safety be the traitor in his house, and afterremoved : but the practice which

wards send him with the proofs to the

prince his master for punishment. Wiquethe reason of the case and the

fort's Ambassador, book I, S. 29. usage of nations has prescribed and Princes Tometimes oblige ministers to recognized, is, according to the ag- depart from their dominions, and send gravation of the offence, to order them away under an armed escort. Queen the criminal to depart from the

Elizabeth caused Don Bernardin de Men

doza,ambatador of Spain, and the bishop territories, whose laws he has vio

be of Ross, ambassador from the queen of lated, or to send him home, some

Scots, to be shipped off. Louis 14ch of times under custody, to his sover'- France sent under guard to the frontiers eign, demanding of him that jus- of Savoy a nuncio from the pope. The tie, reparation and punishment, king of Portugal dismiffed in like manwhich the nature of the case re

ner a minister from the pope, in 1646.

And in 1659, under cardinal Mazarin, quires, and which he alone is en

the resident from the elector of Brandenti!cd to dispense. This power is burg was ordered to quit the kingdoms

« ПредыдущаяПродолжить »