Opinion of the Attorney General Concerning British Recruitment in the United States

United States. Dept. of Justice

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If the crime affect the public safety of the coun- try, its government may, for urgent cause, either seize and hold his person until the danger be passed, or expel him from the country by force ; for the safety of the state, which is superior to other considerations, is not to be perilled by overstrained regard for the privileges of an ambassador. (Ibid ; see also Kent, vol. i, 38; 22 schooner Exchange vs. McFadden, vii Cranch, 116, 139.) Indeed, it has been held, in such a case, in England, th...at the offending party may be proceeded against for treason. " If," it is affirmed in the case of Rex w.
Owen, " an ambassador compass and intend death to the king's person, in the land where he is, he may be condemned and executed for treason." (Rex vs. Owen, RoUe's R., p. 188.) But that dictum is not in accord with precedents, which, in general, go no further than the arrest and confinement, and the eventual or the immediate expulsion, of a public minister, for treasonable acts, or acts dangerous to the security of the state.

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