CH. XXXVIII.]
JUDICIARY—JURISDICTION.
523
side.[1] Yet, as they are the public agents of the nation, to which they belong, and are often entrusted with the performance of very delicate functions of state, and as they might be greatly embarrassed by being subject to the ordinary jurisdiction of inferior tribunals, state and national, it was thought highly expedient to extend the original jurisdiction of the Supreme Court to them also.[2] The propriety of vesting jurisdiction, in such cases, in some of the national courts seems hardly to have been questioned by the most zealous opponents of the constitution.[3] And in cases against ambassadors, and other foreign ministers, and consuls, the jurisdiction has been deemed exclusive.[4]
- ↑ See Vattel, B. 2, ch. 2, § 31; id. B. 4, ch. 6, § 75; Wicquefort, B. 1, § 5; 1 Kent's Comm. Lect. 2, p. 40, 43, [2d edition, p. 41 to 44;] 2 Brown's Adm. Law, ch. 14, p. 503; Viveash v. Becker, 3 Maule & Sel. R. 284; Rawle on Const. ch. 24, p. 224 to 226.
- ↑ The Federalist, No. 80; Cohens v. Virginia, 6 Wheat. R. 396; 1 Kent's Comm. Lect. 2, p. 44, (2d edition, p. 45;) Rawle on Const. ch. 24, p. 224 to 226.
- ↑ 2 Elliot's Debates, 383, 384, 418; 3 id. 281; 1 Tucker's Black. Comm. App. 183.—Under the confederation no power existed in the national government, to punish any person for the violation of the rights of ambassadors, and other foreign ministers, and consuls. Congress, in November, 1781, recommended to the legislatures of the states, to pass laws punishing infractions of the law of Nations, committed by violating safe conducts, or passports granted by congress; by acts of hostility against persons in amity with the United States; by infractions of the immunities of ambassadors; by infractions of treaties, or conventions; and to erect a tribunal, or to vest one, already existing, with power to decide on offences against the law of nations; and to authorize suits for damages by the party injured, and for compensation to the United States, for damages sustained by them, from an injury done to a foreign power by a citizen. This, like other recommendations, was silently disregarded, or openly refused. See Journal of Congress, 23d of Nov. 1781, p. 234. Sergeant on Const. Introduction, p. 16, (2d edition.)
- ↑ Rawle on Constitution, ch. 21, p. 203; id. ch. 24, p. 222, 223;
