Sunday, March 25, 2012

Respublica v. De Longchamps case brief

Respublica v. De Longchamps (Ct of Oyer and Terminer at Philly 1784; p. 233)
  • DeL was indicted that he did threaten and menace bodily harm and violence to person F, a French diplomat. L struck F’s cane and F struck w/ cane. L wanted F to refute slanderous accusations which had been in the newspaper. L was found guilty by an unbiased jury. France wanted L delivered up to them, but the ct said no. Ct says he can’t be imprisoned-- is fined.
  • Both Foreigners—trying to assert sovereignty so it doesn’t allow Fr to try him. Crime was one against the law of nations b/c F was a diplomat.
  • Today: Vienna Convention on Diplomatic Relations (1976)—person wld be tried here and fined unless an extradition treaty said otherwise.
  • How does intl law become pt of American law? Flimsy evidence of this being a violation of intl law and assumes intl law is a pt of Pennsylvania law.
  • How does intl law become pt of state law?
    • Statute (like Alien Tort Act)
    • Customary Law
  • p. 237, n. 1: Is the “law of nations” also pt of supremacy clause (Art 6, cl. 2) ? The ct just assumes here that it is. But the Constitution only makes reference to treaties. Mention is made in Art. 1 of the law of nations.
  • P. 237, n. 2 and 3 (political context): Shld he have been punished under the law of nations but which is so unclear? We discussed this in the Elam case—doctrine of incorp into American law—exec agreements.

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