The Diplomatic Correspondence of the American Revolution, Vol. 10
History
The Diplomatic Correspondence of the American Revolution, Vol. 10
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
These officers, moreover, cannot be subjected to any inspection or
inquisition with regard to the execution of their public functions,
except to that of their own sovereign and his representatives; it does
not belong to any one whatsoever to assume in this respect a power and
an authority, which would become an attack on the rights of the
sovereign of another country, and an injury to its representatives.
This would be a violation of the laws common to nations governed by
the laws of police, and a manifest infraction of the principles upon
which the mutual and necessary communication between friendly nations
is founded, and without which the appointment and the residence of the
respective public officers would become dangerous and impossible, if
in any country whatever these principles were not acknowledged, or if
any person pretended, without the consent of a sovereign, to set up
for a guardian of his officers, and to censure and condemn their
conduct in his name, or under the pretext of his interest. If this
usurped power extended even to actions, the scene of which was without
the territory of the State; if it were allowable to take the property
of a sovereign by force from the place of deposit, notwithstanding the
protest of the civil magistrate, and in a foreign State, to which
alone it would belong to protest against the violence of its laws; in
fine, if after assuming the pretext of taking care of his interests,
any one should dare to sentence explicitly or by implication a foreign
King to pay a penalty or fines, and if the public officers were
represented as enemies of the country, even while they were employed
in affairs of the utmost secrecy and of the greatest importance for
this very country's own interest, they would then be deprived of the
liberty, which every citizen and every other stranger enjoys; while,
on the other hand, the terrified citizens would refuse to take part in
any affair relating to this power, in order to preserve their
reputation and tranquillity. These officers would then be prevented
from fulfilling their duties to their master, particularly if the
crime of falsehood were publicly imputed to them while their title and
quality were called in question, although publicly and authentically
acknowledged by all the powers of the country. Such conduct would be a
marked insult, and this situation very near to a state of hostilities
would tend to destroy all confidence, all commerce, and all
correspondence between the two friendly and allied nations; and there
would remain only one course to be pursued by the representatives of
that which should be injured, and which could not obtain immediate
satisfaction; namely, that of seeking an asylum in a country where the
respect which a nation owes to an independent, friendly, and allied
power, as well as to its representatives, is known, and where, by
conforming to the territorial laws, one can rely upon the effectual
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