perty, real expense of the Government of the United States, &c. are incidentally answered in the course of the following pages; but with regard to the real independence of the judicial power of America, so vital a question deserves particular attention.

CHAPTER V.

Supreme Court of the United States.—Its judicial independence and high character.-Diplomatic agents particularly interested in its proceedings.-Has jurisdiction in all cases touching the law of nations.-State "Judiciaries."-Associate judges.

It would be quite superfluous on the part of the author of these pages to offer any remarks upon the high personal and judicial character of the Chief Justice and the other individuals composing the Supreme Court of the United States; such a tribute of respect, as he would be proud to offer, could only be regarded, as a matter of course, by those who have been honoured by an acquaintance with these gentlemen, or who have regarded with any attention the proceedings of the court at which they preside.

But the elevated reputation which the decisions and conduct of the Supreme Court of the United States have so justly acquired, is by no means likely to cease with the lives of those now composing it.

*The character of the venerable Chief Justice Marshall is as justly appreciated and respected by those foreigners whose high diplomatic situations have afforded them opportunities of cultivating his friendship, as by his own countrymen. And it is a singular compliment extorted from those who are inimical to the institutions of his country, that they attribute much of the success that has hitherto attended its existence to the personal character of the head of the Supreme Court.

If judicial independence can be secured by any safeguard to be provided by legislative foresight or prudence, it will not be difficult to show that the Federal "Judiciary" of the United States is placed upon as firm a basis as can be well imagined.

The nature of the Supreme Court of the United

* "That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original, but not exclusive jurisdiction; and shall have, exclusively, all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul or vice-consul shall be a party.”— Public and General Statutes of the United States, published by Justice Story, chap. xx. § 13.

any

There are few countries where the immunities and privileges extended by civilized nations to the representatives of foreign powers, are more complete or more strictly protected than in America: thus, "If any writ or process shall, at any time hereafter, be sued forth or prosecuted by any person or persons, in of the courts of the United States, or in any of the courts of a particular state, or by any judge or justice therein, respectively, whereby the person of any ambassador or other public minister, of any foreign prince or state, authorized and received as such by the President of the United States, or any domestic or domestic servant of any such ambassador or other public minister, may be arrested or imprisoned, or his or their goods or chattels be distrained, seized, or attached, such writ or process shall be deemed and adjudged to be utterly null and void, to all intents, construction, and purposes whatsoever.

States is the more interesting to foreigners, as it has original jurisdiction in all suits brought by foreign

§ 26. "That in case any person or persons shall sue forth or prosecute any such writ or process, such person or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violators of the laws of nations, and disturbers of the public repose, and imprisoned, not exceeding three years, and fined at the discretion of the court," &c. This protection is legally assured by a very easy condition, viz., that "the name of such servant be first registered in the office of the Secretary of State, and by such secretary transmitted to the marshal of the district in which Congress shall reside, who shall, upon receipt thereof, affix the same in some public place in his office, whereto all persons may resort and take copies without fee or reward."

§ 27. "That if any person shall violate any safe conduct or passport duly obtained, and issued under the authority of the United States, or shall assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minister, such person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court."Ibid., chap. xxxvi. § 25, 26, and 27. And the most extended and liberal interpretation is given to these provisions.

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In a case that occurred soon after the assumption of the throne by Don Miguel in Portugal, a suit was instituted against one of the agents of Don Pedro, or rather of Doña Maria. As this gentleman was no longer legally a representative (after the recognition of Don Miguel by the United States), it became a question of some interest and doubt whether the usual privileges would be allowed in his case; but the utmost extension of national courtesy was exercised on this occasion, and all proceedings accordingly stopped.

ministers, chargés-d'affaires, &c. It takes cognizance exclusively of all cases affecting envoys and other diplomatic functionaries, consuls, vice-consuls, as well as of all cases connected with the law of nations.

Some important peculiarities are observable in the relations of the United States with other governments, which result partly from the form of its constitution, and partly from legal causes. In the ratification of treaties for instance, the concurrence of two-thirds of the Senators present, is required to carry into effect the ratification of the President of the United States*.

Difficulties also arise in procuring the delivery to the agents of a foreign power of fugitives from justice, &c., somewhat similar to those which the Habeas Corpus Act produces in cases of a like nature in England. This was long ago perceived by a very intelligent observer of American affairs:-"Quoiqu'il en soit, une chose très-positive et qu'il importe de ne pas perdre de vue, lorsqu'on a des rapports politiques, avec le Gouvernement Américain, c'est que sa souveraineté est incomplete. Il en resulte que dans plusieurs cas, où le droit des gens est intéressé, il est impossible au Gouvernement Américain d'accorder la reciprocité sans outre passer ses pouvoirst."

* Vide Constitution of the United States, Art. II. sect. 2. † However this may be, one thing is very certain, and must