Respublica v. De Longchamps

Supreme Court of the United States
1 Dall. 111, 1 U.S. 111 (1784)

ELI5:

Rule of Law:

The law of nations is an integral part of the domestic law of a state. An assault on or threat against a foreign diplomat is a punishable offense under that domestic law, as it violates the inviolability of diplomatic persons and threatens the peace between nations.

Facts:

Charles Julian de Longchamps went to the residence of the French minister plenipotentiary in Philadelphia.
While inside the minister's house, de Longchamps verbally threatened Francis Barbe de Marbois, the Secretary to the French legation, with bodily harm.
At a later time, de Longchamps encountered Marbois on a public street in Philadelphia.
During the street encounter, de Longchamps committed an assault and battery against Marbois by striking his cane.

Procedural Posture:

The Commonwealth of Pennsylvania indicted Charles Julian de Longchamps in a state court on two counts: threatening a foreign diplomat and assault and battery.
De Longchamps pleaded not guilty and was tried before a jury.
The jury initially found de Longchamps guilty of the assault count only.
After the court instructed them to reconsider the matter, the jury returned a verdict finding him guilty on both counts.
The court suspended sentencing to answer questions posed by the Supreme Executive Council of Pennsylvania regarding demands from the French minister for the extradition of de Longchamps to France.

Premium Content

Subscribe to Lexplug to view the complete brief

You're viewing a preview with Rule of Law, Facts, and Procedural Posture

Issue:

Do threats and assault against a foreign diplomat, including acts committed within the minister's residence, constitute a violation of the law of nations that is punishable under the domestic law of Pennsylvania?

Opinions:

Majority - McKean, Chief Justice

Yes. Such acts constitute a violation of the law of nations, which is part of the law of Pennsylvania and is punishable by the state's courts. The court reasoned that the principles of the law of nations are incorporated into the state's municipal law, making offenses against those principles prosecutable domestically. The person of a public minister, and by extension his household and secretary, is 'sacred and inviolable,' and an offense against him is considered a 'crime against the whole world.' The minister's residence is a specially protected space, and making threats there is a grave offense. The court also defined assault broadly to include striking an object attached to the person, such as a cane, because the 'insult is more to be considered, than the actual damage.' The court asserted its sole authority to punish de Longchamps under Pennsylvania law, rejecting the French minister's demand for extradition and refusing to impose an indefinite sentence contingent on the French king's satisfaction.

Analysis:

This seminal case established the principle that the law of nations is not merely an abstract set of rules between countries but is incorporated directly into the domestic common law of the states. It affirmed the judiciary's role in upholding international norms, such as diplomatic immunity, through domestic prosecution. The ruling balanced the need to provide justice for offenses against foreign diplomats with the state's sovereign power to define and impose punishments according to its own legal traditions, rejecting foreign demands for extradition or indefinite sentencing.

Gunnerbot

AI-powered case assistant

Loaded: Respublica v. De Longchamps (1784)

Try: "What was the holding?" or "Explain the dissent"