The Law of Nations in American Law

Case: Respublica v. De Longchamps (1784; US)

Facts: French national (De Longchamps) was charged under Pennsylvania law with
violating the international law protecting diplomats, by insulting and assaulting
(by hitting his cane) the French consul-general in his residence. Longchamps
pleaded not guilty, but jury found him guilty on both counts, following a trial.

Issue: Whether Longchamps should have been sent to France for the trial? -No.
Whether he should have been sent to France for punishment once he was found
guilty? -No. Whether the punishment in PA should have been subject to France's
satisfaction, once he was found guilty? -No.
Whether or not PA court can hear this case under law of nations?
What governs the punishment?

Reasoning: The court concluded that defendant could not be legally delivered by
the Supreme Executive Council to the Minister of France and also could not be
imprisoned until his most Christian Majesty declared the reparation to be
satisfactory. The court determined that, because the person of a public minister
was sacred and inviolable, defendant had committed an atrocious violation of the
law of nations when he threatened and menaced bodily harm and violence to the
person of the Secretary of the French Legation.

Notes
• Long history of referring to the law of nations.
○ Beginning of American jurisprudence on the law of nations
• Facts:
○ Longchamps insulted/threatened in minister's home
§ Longchamps was looking for paperwork fro minister; minister says no
○ Longchamps then sees minister in street, and Longchamps struck minister's
cane (violence)
• Legal issue: Whether or not Longchamps actions violated the law of nations (not
PA law)?
• Body of int'l law on diplomats
○ Foreign diplomats have immunity, and certain rights - protection of
minister is very important here
• French gov't asks for him to be brought to France for trial
○ Decided under law of nations, they wont send them back to France
○ Punishment has to be inflicted in same country he is tried
○ They said that they would not imprison D unless France says ok