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STATEMENT OF DISEASES, From the 20th of April to the 20th of May. THE weather during the latter part of April was generally cool and the winds from the north-eaft. They have bought us but little of the vernal mildness; for although the sky has fearce been covered with a cloud, yet chilling breezes from the east have reigned almoft uninteruptedly. The month, on the whole, has been remarkable for its coolnefs and dryness.

Pneumonic inflammation has been quite a common disease, during the past month. In many cafes the attack has Been violent; but has foon yeilded to the vigorous application of remedies, and without much lofs of blood. A far as our obfervations and information relative to this disease have extended, the treatment

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of it, during the past season, has been ve
ry fuccessful, and the lancet has been
rather unfrequently employed.
merous rheumatic affections have appear-
Fever has been very
children.
ed this month.
common, especially among
The invafion of this disease has been
generally fudden and fevere, but of short
duration. Thofe chronic affections of
the lungs, which have exifted fome time,
have been much aggravated during this
month, and new ones have appeared.

Small pox has again fhown itself; and in the centre of the most populous part of the town. The early removal of the pa tient prevented the infection being comVaccination is municated for this time.

very widely diffused through the town. Scarcely have there ever exifted so many cafes 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 The subject does not respect any local and temporary question of party politicks, we do not by its insertion depart from our principle of ever intrenching on the province of the gazettes. deeply learned and profound investigations of this liberal and accomplished scholar will be ap→ preciated by all who are qualified to judge.

MR. ADAMS'S SPEECH

On the Bill to firevent the abuse of the privileges and immunities enjoyed by foreign ministers within the United States.

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THE BILL.

BE it enacted, &c. That from and after the pallage of this act, if any foreign amballador, minitter, or other perfon, entitled to enjoy within the U. S. the privileges and immunities of a foreign minister, thall commit any violation of the municipal laws; which, if cominted by a perfon amenable to the ordinary judicial authori by of the place, where fuch ambafiador, minifter, or other perfon, may be at the time of committing fuch offence, would be indictable by a grand jury, and punithable by death, by corporal punhment, or by imprisonment or comfinment to labour, the prefident of the US. upon application made to him by the executive authority of the state or territory where fuch offence may be commited, or upon the complaint to him of any perfon injured or aggrieved by fuch offence fo committed, and upon proof of the facts, fatisfactory to the faid prefident, being furnithed to him In fupport of fuch application or complaint, hall be, and hereby is authorifed to demand of the fovereign of the faid offending amballador, minifter, of other perfon, juftice upon the offend er, and reparation to any perfon or perfons thus injured or aggrieved and in cafe of the refufal of neglect of the faid fovereign to comply with fuch demand for justice and reparation, the prefident of the US. is hereby further authorised to order fuch an affador, minister, or other perfon to offending, to depart from the U. S. and the territories thereof; or to fend him home to his fovereign, according to the aggravation of the offence, and at his the faid prefident's difcretion.

Sec. z. That from and after the paff ge of this act, if any foreign ambassador, minifter, or other perfon entitled to enjoy within the U. S. the privileges and immunities of a foreign minister, fhall within the U. S. or the territories thereof commit any act of hoftility or enter into any confpifacy against the government of the U. S. or thall

perfonally infult or treat with difrefpect the Prefident of the U. S. for the time being, the faid Prefident thall be, and is hereby authorifed, at his difcretion, to order the faid ambasador, minifter or other perfon fo offending, to withdraw from the feat of government and the territory of Columbia, er to depart from the U. S. and the territorics thereof; and in cafe of refufal or negica by fuch amballador, minitter, or other perfon as aforefaid, to obey fuch order within a reasonable time, of which the faid prefident thall judge, the faid prefident thall be, and is hereby further au thorised to fend the faid ambaffador, minifter, og other perfon as aforefaid, home to his fovereign; and in either cafe to demand of the faid fovercign, the punishment of fuch offending ambaffa der, minifter, or other perfon as aforefaid, accord. ing to the nature and aggravation of the offence; and conformable to the laws of nations.

Sec. 3. That in every cafe, when the prefident of the U. S. thall, under the authority of this act order any foreign ambaffador, minifter, or other perfon entitled to enjoy within the U. S. the privileges and immunities of a foreign minitter, to withdraw from the feat of government and the territory of Columbia; or to depart from the U.S. and the territories thereof; or fhall fend any fuch offending ambalador, miniiter, or other perfon as aforefaid, home to his fovereign the faid prefident thall, in the order given to fuch ambaffador, minifter, or other perion as aforefaid, to depart, or to withdraw, fignify the offence upon which fuch order fhall be founded; and fhall af fign to the fovereign of the faid ambaffador, min. ter, or other perfon as aforefaid, the reafons for which fuch order shall have been given, er for which the faid ambaffador, minifter, or other per fon as aforefaid, fhall be fent home; particularly fpecifying that fuch proceedings are not on ac count of any national differences, but on account of the perfonal misconduct of fuch ambaffador minifter, or other perfon as aforefaid.

:

SENATE OF THE UNITED STATES. the destruction of the constitution

of the state, no jury

or government Monday, March 3, 1806.

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 re- which he is sent, but of the state late to the laws of nations ; and the which sent him, and the only punother, 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 exalthonour 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, howas 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- yet even the nations whose interfectual.

nal constitutions are founded upon By the laws of nations a foreign this virtuous and honourable prinminister is entitied, 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 printhen : he is indulged with many ciples in every other respect privileges of a high and uncommon deemed of the highest moment nature; with many exemptions and of the most universal applica. from the operation of the laws of tíon, 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 The 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 sovereigo with whom thus ; every sovereign prince is he resides. Should he conspire independent of all others and as

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such, cannot, even when personally within the territories of another, be amenable to his jurisdiction. An ambassador represents the person of his master, and therefore must enjoy the same immunities: but this reasoning cannot be satisfactory; for in the first place, a foreign misister does not necessarily represent the person of his master; he represents him only in his affairs; and besides representing him, he has a personal existence of his own, altogether distinct from his representative character, and for which, on the principles of common sense, he ought, like every other individual, to be responsible; at other times another fiction of law has been alledged, in this manner; the foreign min ister is not the subject of the state to which he is sent, but of his own sovereign. He is therefore, to be considered as still residing within the territories of his master, and not in those of the prince to whom he is accredited. But this fiction, like the other, forgets the personal existence of the minister.* dangerous at all times to derive important practical consequences from fictions of law, in direct opposition to the fact. If the principle of personal representation, or that of exterritoriality, annexed to the character of a foreign minister be admitted at all, it can in sound argument apply only to his

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It is manifeft, that if exterritoriality

were to be allowed to minifters in the whole extent of the term, it would entitle them to many rights which they certainly have not on the other hand the privileges allowed them extend far beyond what the univerfal law of nations prefcibes in their favour on this ground. Both thefe pofitions will be proved hereafter, and also that this extremely lofe notion of exterritoriality is not always fufficient to afcertain the rights to which a minif ter may pretend. Martens' Summary of the Modern Laro of Nations. Book 7, ch.5.

official conduct; to his acts in the capacity of a minister,and not to his private and individual affairs. The minister can represent the person of the prince, no otherwise than as any agent or factor represents the person of his principal; and it would be an ill compliment to a sovereign prince, to consider him as personally represented by his minister in the commission of an atrocious crime. Another objection against this wide-encroaching inference from the doctrine of personal representation is, that it is suitable only to monarchies. The minister of a king may be feigned to represent, in all respects, the person of his master; but what person can be represented by the ambassador of a republick? IfI am answered, the moral person of the nation; then I reply, that can be represented by no individual, being itself a fiction in law, incapable of committing any act, and having no corporeal existence susceptible of representation.t I have said thus

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The reprefentative character of the ambaffador is the fign of representation of the fovereign who fends, addreffed to the fovereign who receives the minister. ries of the prince by whom they are fent, Ambaffadors being naturally the mandatothe reprefentative character, by the law of nature, confifts in the power of transacting any publick bufinefs in the name and right of the fovereign, by whom they are fent, with another fovereign power: confequently by the law of nature an Ambaffador is not as it were the fame moral perfon as he who fends him, fo as to be the fame as if his master himself were prefent; nor is the prince to whom he is fent bound to confider him as his equal. And as there is no neceflity, either for the tranfaction of business, or for the dignity of the fender, which may be preferved without it, of that representative character which confifts in the power of representing the person of the fender, neither is the reprefentative character, when ftretched beyond the rules of natural law, any part of the voluntary law of 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 has 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 duties, 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 But 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 lia, tion, 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 comthe 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 tempta, utility, 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 it 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 ta 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 employ, amplified. Hence no nation is bound to ment of the base but powerful acknowledge them, unless in consequence weapons of faction, of corruption,

. of the law of nature and nations. Part. 6, and of treachery, their very privi, cb. 10, $. 1242.

leges and immunities concur in

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assailing their integrity, by the promise of security even in case of defeat; of impunity even after detection.

The experience of all ages and of every nation has therefore pointed to the necessity of erecting some barrier against the abuse of of those immunities and privileges, with which foreign ministers have at all times, and every where, been indulged. In some aggravated instances the rulers of the state, where the crime was committed, have boldly broken down the wall of privilege under which the guilty stranger would fain have sheltered himself, and in defiance of the laws of nations have delivered up the criminal to the tribunals of the country, for trial, sentence and execution. At other times the popular indignation, by a process still more irregular, has without the forms of law, wreaked its vengeance upon the perpetrators of those crimes, which otherwise must have remained unwhipp'd of justice. Cases have sometimes occurred, when the principles of self preservation and defence have justified the injured government, endangered in its vital parts, in arresting the person of such a minister during the crisis of dan ger, and confining him under guard until he could with safety be removed: but the practice which the reason of the case and the usage of nations has prescribed and recognized, is, according to the aggravation of the offence, to order the criminal to depart from the territories, whose laws he has violated, or to send him home, sometimes under custody, to his sovereign, demanding of him that justice, reparation and punishment, which the nature of the case requires, and which he alone is entitled to dispense. This power is

admitted by the concurrent testimony of all the writers on the laws of nations, and has the sanction of practice equally universal. It results indeed as a consequence absolutely necessary from the independence of foreign ministers on the judicial authority, and is perfectly reconcileable with it. As respects the offended nation, it is a measure of self-defence, justified by the acknowledged destitution of every other remedy. As respects the offending minister, it is the only means of remitting him for trial and punishment to the tribunals whose jurisdiction be cannot recuse; and as respects his sovereign, it preserves inviolate his rights, and at the same time manifests that confidence in his justice, which civilized nations, living in amity, are bound to place in each other.*

It feems it may be faid on this fub, ject that there is no cafe, in which the ordinary tribunals can extend their ju rifdiction over publick minifters; and this with the more confidence, as I find it is the opinion of Grotius. This is inconteftible with regard to common offences; and as for crimes of state, wherein the ambaffador violates the law of nations, particularly if he attempt the life of the prince to whom he is fent, the fovereign alone, or the council of state in his behalf, can take cognizance of it, can arrest the traitor in his houfe, and afterwards fend him with the proofs to the prince his mafter for punishment. Wiquefort's Ambaffador, book 1, §. 29.

Princes fometimes oblige minifters to depart from their dominions, and fend them away under an armed efcort. Queen Elizabeth caufed Don Bernardin de Mendoza,ambaffador of Spain, and the bishop of Rofs, ambaffador from the queen of Scots, to be shipped off. Louis 14th of France fent under guard to the frontiers of Savoy a nuncio from the pope. The king of Portugal difmiffed in like manner a minifter from the pope, in 1646, And in 1659, under cardinal Mazarin, the refident from the elector of Branden

burg was ordered to quit the kingdom i

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