The Secretary of the United States for the Department of foreign Affairs, to whom on the 14th. Instant was referred the Requisition of the Chargé des Affaires of France, that a certain Charles Julian De Longchamps, now in Custody at Philadelphia, in Pursuance of the Judgement of a Court of Law against him, be delivered up to his most Christian Majesty—Reports thereupon as his Opinion.—

That it appears that the said Charles Julian de Longchamps was indicted at a Court of Oyer and Terminer and general Goal Delivery held at Philadelphia in 1784 “for an Infraction of the Law of Nations, and for an Assault and Battery”—And that both those Offences consisted in violences offered by him against a Consul General and Secretary to a Legation of France, residing at Philada. under the Faith and Protection of the Law of Nations and the other Laws of the Land.—

That it further appears that the said Charles Julian de Longchamps was in due course of Law tried for the said Offences, and being thereof found guilty, was judicially sentenced to pay a fine of one hundred Crowns, to be imprisoned until the 4th. of July, which will be in the Year 1786, and then to give good Security to keep the Peace and to be of good Behaviour to all public Ministers, Secretaries to Embassies and Consuls, as well as to all the liege People of Pennsylvania, for the Space of seven Years; by entering into Recognizance, himself in one thousand Pounds, and two Sureties in five hundred Pounds each, to pay the Costs of the said Prosecution, and remain committed until that Sentence be complied with.—

That it also appears that the said Charles Julian de Longchamps is now actually confined in the Prison of Philadelphia in Execution of the said Sentence.—

Your Secretary considers the following Principles to be unquestionably true—Viz:

That every friendly Foreigner coming to any Country on lawful Business, is entitled to the Protection of the Laws of that Country on one hand, and owes Obedience to them during his Residence, on the other.—

That whenever such Foreigner breakes the Peace or otherwise violates the Laws of the Land, he is as amenable to them as any other Person; and that the Sovereign Power of the State has undoubted Right to punish him in the Manner and Degree prescribed by the Laws of the State.—

That where the said Laws sentence such offending Foreigner to Imprisonment for a limited Time, the State has a clear Right to hold and detain him in Prison accordingly; and are not bound to release, or deliver him up to his Prince, for any Purpose whatever, before he shall have satisfied the Laws of the Land which he has violated, by undergoing the Punishment decreed thereby for his Offence.—

Your Secretary is therefore of Opinion, that the Requisition in Question is premature; for admitting Charles Julian de Longchamps to be a frenchman, admitting that he has offended his Prince, either here, or elsewhere, admitting further that his Prince has a Right to demand him, and that the United States were bound by Treaty or otherwise to deliver him up—Yet, it is not to be denied, that he has broken the Peace and violated the Laws of this Country; and having been legally condemned to Imprisonment for the same, a compliance with said Requisition at present, cannot possibly be required by the Law of Nations.—

How far it would be right and proper for the United States, afterwards to demand of the State of Pensylvania, to deliver the said Charles Julian de Longchamps to be tried and judged in France, for that Part of the aforesaid Offence against the Peace, Government and Dignity of that Commonwealth, which consisted in his having there violated the Rights and Privileges of his most Christian Majesty’s Legation, and how far such Demand would be warranted by the Law of Nations and the fœderal Compact between the States, are Questions so new, so deeply and intimately connected with the Nature of our Constitutions and Confederation, and so extensive and important in their Consequences, as to require very ample Discussion, much Reflection and serious Consideration.—

Your Secretary is further of the Opinion, that the Minister Plenipotentiary of the United States at the Court of France, should be instructed to submit the above Facts and Reasons to the candid consideration of his most Christian Majesty; to assure him that it would give them great Pain to have their Conduct viewed by him in an unfavorable Point of View; and that they flatter themselves the Reasons which render it impossible for them at present to comply with his Requisition, will appear as conclusive to him as they do to Congress. That they will maturely, candidly and earnestly consider, how far a Compliance with it, when the Prisoner shall be legally released, may be free from Objections. That they wish and will endeavour in the mean Time, to make that very important Question the Subject of mutual and friendly Discussions. That as the Man himself can be no Object with the States, and as neither their Interest nor their Inclination can lead them to give just Cause of Umbrage to their first and best Friend and Ally, they hope he will have perfect Confidence in their Sincerity, when they declare, that Obstacles to their complying with his Requests, will always give them as much Concern and Regret, as Opportunities of manifesting their Respect, their Regard, their Gratitude, and their Attachment to him, will always give them Pleasure and Satisfaction.—

All of which is humbly submitted to the wisdom of Congress—1