Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-04-06
commonwealth Of Fsnnsylraaia, ]
Nicholas KosLoR

| rrn 'S'.otoo hOStOU.
Inc q Grand Inquest forthe city and coun-
y q OF rhlladelplia, having preferred bill
IuaIctment for Rape against Nicholas
hoslof1, Consul-General Of hi. Imner;aI
Majesty the Emperor of Russia, motion
mas oeen made to quash the Indictment for
want OF jurisdiction In this court. Two
causes are assigned for our want of iur;s.
dictlon. 1st.-That the privilege of immu.
nifty from criminal prosecutions is confer
re- req on Consuls by the law of nations od
nhat Dy the constitution and laws of the
united States exclusive jurisdiction in all
eases affecting Consuls is vested in +bs
Courts of the U. States. " ''''
ist. tlsgranted, that by the modern layv
OF nations, Ambassadors and other nnhl;c
ministers, are in general EXEMPT from cr;-
mlnai prosecutions. Perhaps there arr.
some offences, such as an attemnt nm tbs
NE OF the sovereign near whom tbev 20
SIDE, which would warrant their ni,nisS
ment. But In every thing short of an ex
treme case, it is more Conducive to tbo
peace and more agreeable to the usage of
nations, to send them to their own sove
reign, to receive from him the punishment
tneJ deserve. 1t has not been contended.
mat Consul is public minister but #
Is saio, that Consul General such az Mr..
hoslou, Is prohibited from exercising
trade and commerce, and entrusted WITH
important concerns of his SOVEREIGN. On
nearly resembles public minister. that he
Is entitled to some of his preroeatiyes. and
III particular to exemption from Grimm al
prosecution. In considering this CAGE wa
must exclude from our view. tho anon "t
parsonage to whom aIlusion was msds IN
the argument. Concerning bis b;ah cha
racter, and the intimacy Of tba rsia+;"~o
to be preserved with him. there ia bnt ono
voice, one wish. These considerations
would nave their deserved weight in their
proper place, but before US, there is only
naked question OF right, in which all ma
tions are equally concerned, for we cannot
put see that what is granted as the right of
0ne' must De conceded as the right of ALL
Inc law OF nations is to be sought for IN
the usa1ges OF nations, in the opinions of an
proved authors and in treaties. and in tbo
decisions OF Judges; with regard TO the nr;.
VneSes OF C0nsuls, there is some difference
OF opinion, among respectable authors
| Wicquetort, Bynkershoeck and Mar.
tens allow to a Consul no nr;v;Ieeo
against suits civil or criminal and r.
reason they assign is, that ConsnIs IN No
manner represent the person of their so,e,
reign, but are sent for the purnose of ~
slsting his subjects, particularly in mattsrs
OF commerce, and sometimes of decid;ng
disputes, which may arise between them
Dy permission OF the government in wbose
dominions they reside, (see Wicoueforte
L'Ambassadeur, Book page 65. Bynkers
shoeck detsrotegatoru,n, chap. 10 mace I1o
barbeyrac's Translation into French, MAJ.
tens summary of law Of nations. BooL a
chap 3d. sec. 81 Opposed to them Is Vat
tel, who altho' he does not assert that :
consul is entitled to the privileges of a n,b.
tic munster, IN general, is vet of on;pion
mat IRON the nature of his functions. g be
should be independent of the ordinarv 49,, -
minal justice of the place where he reside
so as not to be molested Ur imprisoned, mn.
Tess ne himself violates the law of na};nns
I Oy some enormous crime.'' VatteI oil q
CHAP 2. sec: 81. am not quite sure ,yb,t
II meant by violating the law of nations ~
tins passage. Grimes against tbo lie, ~
nations are sometimes understood 9o w.
crimes which all nations agree TO nY,;sb y
such are Murder and Rape, among ali =;
wired nations, and il that be tbe 4esn;no
OF Fattel, his authority would not exsmn3
the Consul from the present pfosecnt;op
Du' what Is Of more weight than the iudg.