International law; Natural law; War (International law)
There may often be the best reasons for a sovereign's refusing to allow
of a RESIDENT minister at his court; a practice, so general in the
present day, but totally unknown to the ages of antiquity.
IV. As to the personal exemption of ambassadors from arrest,
constraint, or violence of any kind, it is a subject of some difficulty
to determine, owing to the varieties of opinion entertained by the
most celebrated writers on the question. In the consideration of this
matter, our attention is directed in the first place to the personal
privileges and exemptions of ambassadors themselves, and next to those
of their attendants, and their goods. With respect to their persons,
some writers are of opinion, that it is ONLY from UNJUST VIOLENCE,
and ILLEGAL CONSTRAINT, that the law of nations protects ambassadors.
For they imagine that their privileges are to be explained according
to the common principles of the law of nature. Others again suppose
that ambassadors are not amenable to punishment for ALL offences, but
only for such as amount to a transgression of the law of NATIONS, the
principles of which are of such general extent, as to include the
law of nature: consequently there can be no offences for which an
ambassador is not punishable, except for those actions that are made
such by the positive rules of MUNICIPAL or CIVIL LAW.
Others again consider these public representatives of states and
crowned heads, as only liable to punishment for offences affecting
the dignity or governments of the sovereigns to whom they are sent.
While, on the other hand, there are some writers who maintain that for
any state to punish an ambassador for ANY CRIME WHATEVER is highly
dangerous to the independence of foreign powers; but that all offenders
of that description ought to be left to the laws of their respective
countries, to be punished or not according to their deserts, upon due
complaint being made to the sovereigns by whom they were sent.
Public-domain text, read in full here on John Shaqi.
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