5257. [further continued]
Every person, diplomatic
in his own right, is entitled to the privileges of
the law of nations, in his own right. Among
these is the receipt of all packages unopened
and unexamined by the country which receives
him. The usage of nations has established
that this shall liberate whatever is imported
bonâ fide for his own use, from paying duty.
A government may control the number of
diplomatic characters it will receive; but if it
receives them it cannot control their rights
while bonâ fide exercised. Thus Dr. Franklin.
Mr. Adams, Colonel Humphreys and myself, all
residing at Paris at the same time, had all of
us our importation duty free. Great Britain
had an ambassador and a minister plenipotentiary
there, and an ambassador extra for
several years; all three had their entries free.
In most countries this privilege is permanent.
Great Britain is niggardly, and allows it only
on the first arrival. But in this, as she treats
us only as she does the most favored nations,
so we should treat her as we do the most favored
nations. If these principles are correct,
Mr. Foster is duty free.—
To Albert Gallatin. Washington ed. iv, 588.
(W.
1805)