States is the more interesting to foreigners, as it has original jurisdiction in all suits brought by foreign ministers, chargés-d'affaires, &c. It takes cognizance exclusively of all cases affecting envoys and other diplomatic functionaries, consuls, vice-consuls,

§ 26. "That in case any person or persons shall sue forth or prosecute any such writ or process, such person or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violators of the laws of nations, and disturbers of the public repose, and imprisoned, not exceeding three years, and fined at the discretion of the court," &c. This protection is legally assured by a very easy condition, viz., that "the name of such servant be first registered in the office of the secretary of state, and by such secretary transmitted to the marshal of the district in which congress shall reside, who shall, upon receipt thereof, affix the same in some public place in his office, whereto all persons may resort and take copies without fee or reward."

§ 27. "That if any person shall violate any safe conduct or passport duly obtained, and issued under the authority of the United States, or shall assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minister, such person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court."-Ibid., chap. xxxvi. § 25, 26 and 27. And the most extended and liberal interpretation is given to these provisions.

In a case that occurred soon after the assumption of the throne by Don Miguel in Portugal, a suit was instituted against one of the agents of Don Pedro, or rather Donna Maria. As this gentleman was no longer legally a representative (after the recognition of Don Miguel by the United States), it became a question of some interest and doubt, whether the usual privileges would be allowed in his case; but the utmost extension of national courtesy was exercised on this occasion, and all proceedings accordingly stopped.

as well as of all cases connected with the law of nations.

Some important peculiarities are observable in the relations of the United States with other governments, which result partly from the form of its constitution, and partly from legal causes. In the ratification of treaties, for instance, the concurrence of two-thirds of the senators present is required to carry into effect the ratification of the president of the United States.*

Difficulties also arise in procuring the delivery to the agents of a foreign power of fugitives from justice, &c., somewhat similar to those which the habeas corpus act produces in cases of a like nature in England. This was long ago perceived by a very intelligent observer of American affairs:-" Quoiqu'il en soit, une chose très-positive et qu'il importe de ne pas perdre de vue, lorsqu'on a des rapports politiques avec le gouvernement Américain, c'est que sa souveraineté est incomplete. Il en resulte que dans plusieurs cas, où le droit des gens est intéressé, il est impossible au gouvernement Américain d'accorder la reciprocité sans outre passer ses pouvoirs."+

* Vide Constitution of the United States, Art. II. sect. 2. † However this may be, one thing is very certain, and must by no means be lost sight of in any political relations with the Ameri

The members of the federal judiciary are appointed for life, and they can be dismissed from office only by impeachment. In England.no judge can be removed but by conviction for some offence, or the address of both houses of parliament, which may be called an act of legislature. But the judges of the supreme court cannot be reached by address, and enjoy perfect immunity from the measures of either the president or the houses of congress. In some of the states, however, a similar provision to that of our constitution has been adopted, but the dangers to the practical independence of the judges, arising from popular excitement, have been neutralized by requiring the concurrence of two-thirds of each branch of the legislature, in order to effect a removal.

In some of the estates the judges are periodically elective: this I think must be considered as a vicious system, and many persons of experience will be found in the United States who much condemn it, and who regret that the organization is not universally assimilated to that of the judiciary of the federal government.

can government. Its sovereign power is incomplete. From which it results, that in many cases, where the law of nations is concerned, it is impossible for the American government to admit reciprocity, without exceeding its legal powers.-Politica's Aperçu de la Situation interieure des Etats Unis d'Amerique, p. 79.

There is one peculiarity of the state "judiciary" deserving of remark. Two associate judges are appointed, who assist a legal judge presiding on the bench of the courts of the various judicial districts: this has appeared to many foreigners as an injudicious anomaly in legal practice. I am not sufficiently cognizant of the subject to attempt to decide upon its technical propriety; but, practically, the results of this system are good. The associates being generally men of respectability and good sense, well acquainted with the local peculiarities of their districts, and engaged in the ordinary transactions of life, they may often modify the merelegaland strictly literal application of the laws. The presiding lawyer-judge, abstracted by professional pursuits from a similar familiarity with the common business and occupations of his fellow-citizens, has thus an opportunity of obtaining information on particular cases from two persons who may be regarded in some measure as responsible jurors; they may also be considered as answering many of the purposes of our magistrates, of whom by far the greater proportion are not legal men, and often very imperfectly qualified to decide on legal points; they are liable to greater responsibility however than our magistracy, and although sometimes acting de facto as equitable arbitrators, leave points of law to the professional

H.

judge. An appeal also lies from their decisions to the supreme court.

Captain Hall does not think that the independence of judicial functions in the United States is sufficiently assured. His remarks on the subject are so ably answered by the author of a "Review of Captain B. Hall's Travels in North America,"* that I must refer the reader to an extract from it, to be found in the Appendix,† for a much better elucidation of the subject than it is in my power to give.

It is to be regretted that Captain Hall should have so decidedly announced a determination never himself to adopt the old principle of audi alteram partem (on the subject of America), which he justly recommends to others; he might possibly have found that in some instances he has, from the unavoidable disadvantages under which all foreigners labour when describing in detail so extensive a country as the United States, misconceived some points in a moral and political system so very different from our own.

* Attributed, I believe rightly, to the president of the Bank of the United States, Mr Biddle,* a gentleman distinguished alike for sound sense, extensive information, and the pleasing urbanity of his manners.

† Vide Appendix, No. 1.

*Note to American edition. The author is R. Biddle, Esq.