## Facts

- Charles Julian de Longchamps, a private French citizen in Philadelphia, confronted François Barbé‑Marbois, a French diplomatic representative (consul and legation secretary).
- On May 17, 1784, in the residence of the French minister, de Longchamps threatened and insulted Barbé‑Marbois in a loud, menacing manner, repeating the insults in the minister’s presence.
- On May 19, 1784, the men met on a public street; after Barbé‑Marbois said he would complain to civil authorities, de Longchamps again insulted him and struck Barbé‑Marbois’s cane before any violent gesture by Barbé‑Marbois.
- Barbé‑Marbois then used his stick forcefully until bystanders separated them.
- De Longchamps was indicted for threatening bodily harm and for assaulting Barbé‑Marbois, alleged to be a breach of the law of nations and against the peace of Pennsylvania and the United States.
- A jury found de Longchamps guilty on both counts.
- After conviction, the French minister requested that the court surrender de Longchamps to France for punishment or imprison him in Pennsylvania until the French King was satisfied.

## Issues

1. Whether the law of nations was part of Pennsylvania law such that violence or threats against a foreign public minister were punishable in Pennsylvania courts.
2. Whether threats and slight physical contact (including striking a cane) could constitute an “atrocious” violation of the law of nations and a criminal assault and battery.
3. Whether, absent positive law, a Pennsylvania court could extradite the offender to France or detain him until a foreign sovereign was satisfied.

## Decision

- The court held that the law of nations formed part of Pennsylvania law and was enforceable in its courts.
- The court treated threats and violence toward a foreign diplomatic representative as a serious breach of the law of nations, notwithstanding slight bodily injury or contact with an object associated with the person.
- The court denied the request to surrender de Longchamps to France or to imprison him indefinitely to satisfy the French sovereign, finding no legal authority for either measure.
- The court sentenced de Longchamps to a fine of 100 French crowns plus costs, 21 months’ imprisonment, and security for seven years of good behavior.

## Legal Principles

- The law of nations is incorporated into the common law of Pennsylvania and may be applied to punish individuals for violations.
- The person of a public minister is “sacred and inviolable,” and violence or threats against such a representative are offenses that implicate the peace and safety of nations.
- Criminal assault and battery may be established by very slight unlawful contact; trivial physical injury does not defeat liability.
- A state court may punish violations implicating the law of nations only through authorized domestic penalties and lacks power to extradite or impose indefinite detention absent statutory or other positive legal authority.

## Conclusion

The court affirmed that Pennsylvania courts could punish threats and an assault against a foreign diplomatic representative as violations of both common law and the law of nations, but it limited the remedy to domestic sentencing and refused extradition or detention conditioned on the satisfaction of a foreign sovereign.


Respublica v. de Longchamps, 1 U.S. (1 Dall.) 111 (Pa. Ct. Oyer & Terminer 1784)