1784.
and the Secretary of the French Legation to the United States, and have been prevented from paying a proper attention to his appointments, which is certainly a violation of the law of nations. Vatt. lib 2.§. 218. Upon the fame principle that the infringement of a Statute, is an indictable offence, though the mode of punifhment in not pointed out in the Act itfelf, and offence againft the laws of Nations, while they compofe a part of the Law of the Land, muft neceffary be indictable.
With refpect to the affault, they contended, that the weight of the teftimony proved De Longchamps to be the aggreffor ; and the refpective characters of the parties tend to confirm it: Monʃieur Marbois preferved during the whole tranfaction, his conftitutional temperament—cool, deliberate, and felf poffeffed ; while De Longchamps, naturally captious and impetuous, became incenfed at the imaginary injuries he had received, and, by his own declarations, was determined to be revenged.
The CHIEF JUSTICE, after minutely recapitulating the evidence, and applying it to the charges in the the indictment, expreffed the following fentiments
M‘KEAN, Chief Juʃtice. This is a cafe of the firft impreffion in the United States. It muft be determined on the principles of the laws of nations, which form a part of the municipal law of Pennʃylvania ; and, if the offences charged in the indictment have been committed, there can be no doubt, that thofe laws have been violated. The words ufed in the Minifter's houfe, (which is to be confidered as a Foreign Domicil, where the Minifter refides in full reprefentation of his fovereign, and where the laws of the State do not extend) may be compared to the fame words applied to the Judges, in a Court of Juftice, where they fit in reprefentation of the majefty of the People, of Pennʃylvania, In that cafe, the offender would be immediately committed to jail, without the preliminary procefs of an indictment by a Grand Jury; and, in the cafe before us, it the offender is convicted, he may certainly be punifhed by fine and imprifonment.
In actions of Slander, words were formerly conftrued in the mildeft fenfe they would admit ; but reafon has fuperceded fuch forced interpretations, and words are now to be taken according to their ordinary import and meaning. Thofe expreffed by the defendant, are evidently of a tendency fo opprobrious and violent, that they cannot fail to aggrevate the outrage which has been committed.
As to the affault, this is, perhaps, one of that kind, in which the infult is more to be confidered, than the actual damage ; for, though no great bodily pain is fuffered by a blow on the palm of the hand, or the fkirt of the coat, yet thefe are clearly within the legal difinition of Affault and Battery, and among gentlemen, too often induces dwelling, and terminate in murder. As, therefore, anything attached to the perfon partakes of its inviolability ; De Longchamps’ striking Monʃieur Marbois’ cane, is a fufficient juftification of that gentleman's fubfequent conduct.
BRYAN
