Sunday, June 8, 2014

Respublica v. De Longchamps case brief summary

Respublica v. De Longchamps case brief summary (1784; US)

Facts: French national (De Longchamps) was charged under Pennsylvania law withviolating 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 (1): Whether Longchamps should have been sent to France for the trial?

Answer:  No.

Issue (2):  Whether he should have been sent to France for punishment once he was found guilty?

Answer:  No.

Issue (3):  Whether the punishment in PA should have been subject to France's satisfaction, once he was found guilty?

Answer:  No.

Issue (4):  Whether or not PA court can hear this case under law of nations? (see below)
Issue (5):  What governs the punishment? (see below)

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

1 comment:

  1. 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 noLongchamps then sees minister in street, and Longchamps struck minister's

    cane (violence)• Legal issue: Whether or not Longchamps actions violated the law of nations (notPA law)?• Body of int'l law on diplomatsForeign 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 trialDecided 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

    ReplyDelete

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