Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-04-06

ment ofauthors however respectable. is the
opaion and the practice Of our own govern
ment, and that of the foreign nations with
whom we have had intercourse. We have
had treaties with France, Spain. Great
britain, Holland, Prussia, and Sweden, ia
all OF which the subject of Consuls has
eeeh introduced, and in not one of which
nave Consuls been protected from suits c;.
WI or criminal. / say nothing Of our trea i.
ties with the Barbary powers. because
mere are special reasons why all nations
VINO send Consuls to them take care to pro
ylde expressly for their personal security.
In the treaty with Great Britain, made in
IS4' Consuls are expressly declared to be
subject TO punishment by the law of the
country in which they reside. By the Con-
suiar Convention with France in 1888.
there is to be full and perfect immunity
concerning the Chancery and its paners.
| put the house of the Consul is to be mo- asv-
ium Tor persons or effects and in our other
treaties the most that is stipulated in favor
Vi Consu's is, that they shall respectively
ENJOY the Same prerogatives and powers.
mat are granted to those of the most favor.
Gu hauons. those treaties afford strong
PROOF Oh the usages Of nations, for it cannot
oe supposed, that they should have omitted
10 secure Consuls from criminal prosecu-
tions, 1t it had been thought desirable or
usual, to afford them that protection. Rut
there is not wanting more direct n,.oof &c
tne opinion ct our own government. In
tne act for the punishment of certa;n
crimes against the United States, passed
April SO, 1870, penalties are inflicted nm
Pelsohs VINO sue out process from any
court against an Ambassador or other null
nc minister but the act is silent as to Con-
SUI suns o ana what IS directly to the point.
tre oth sec. OF the" act to establish the Ju-
aiclal Courts of the U. States" passed Sem
tenioer "a, 1889, vests the District Conrts
with jurisdiction of offences committed Inv
Consuis, In which the punishment did not
exceed fine of 800, &c. &c. Neither
are we ieft, on this important subject with
out the light Of judicial decision. Mr.. Ra.
Vara, Consul from Genoa, was indicted and
convicted of misdemeanor in the Circn;t
court OF the u. States. He was defended
oy, able counsel, who contended for his mr.
vilege on the authority of Vattel. But tba
court decided against him, and il is wor-
my OF remark that z. J. Jay presided, who
mad been long employed in a DIPLOMATS
junction of a high grade at the Court of
Madrid \, and was one of the Ministers of
tue y. states, who negotiated at Paris the
treaty which established our Independence.
no person certainly had better onnortun;
ties OF Knowing the usage of nations. ar =
better capacity for improving those onnor
tunlties. From all these cons;der.tions
cannot hesitate in the opinion, that there is
no.nlnS IN the law of nations which pro-
this indictment. - '"'
20 a more difficult question remains n
De considered. Is the Jurisdiction of this
Sourt taken away by the constitution and
laws OF the U. States Before 90 into An
examination of the constitution and laws.
1t may not be improper to say word or two
respecting the subject out of which this
question arises. An agent Of a foreign po-
vernment, accused of crime committed
In the State of Pennsylvania, claims not AN
exemption from trial, but the right of beino
t1ed by Court of the United States H;s
pubic relations are not with the State nj
pennsylvania, but with the Government of
the U: States, and if the Emperor of Russia
should suppose that he had cause to cam.
pam OF our treatment of his officer. he
must address himself not TO the Governor
OF pennsylvania, but to the President of the
u states. But even where there was mn
cause OF complaint, cases may be easily
supposed, IN which the President might
tmnk 1t more conducive to the peace of fine
nation to send foreign agent out of the
country TO be punished bY his own SovaO
reigh' than to lnflict punishment on him by
our own laws. These considerations are
50 So manifest, that when the people of the U.
states were about to form fedora govern.
ment, through which alone they were TO
MAINTAIN an intercourse with foreign ma
tlohs' IL would have seemed want Of com
mon prudence not to commit To that oo-
Vernment, the management of all affairs
respecting the public agents of those ma.
tlons' Let us now advert to the instru-
rhent OF our federal union, and we shall
soon perceive, that the Statesmen who fra.
med 1t, were perfectly aware of the imnor-
lance OF placing all foreign public agents.
Consus included, under the comolpfe an
PeIlnteRdance of the federal government.
IL was through the judicial power, that
those persons could principally be Affected.
Accordingly NE find it provided by the Cd
sec OF the Sd art. of the Constitution; that
the judicial power shall extend " TO all ca.
ses affecting ambassadors, other public mi
nlsters and cOnsuls''-words more comnre.
henslve cannot be devised. They include
SUITS OF every kind, civil and criminal
ms IS not denied by the Attorney Gene
raj OF Pennsylvania, nor, as 7 nnJsrstand
- IL 1enled, that by virtue of this provi.
slon' congress has a right to declare by
Jaw, ,bat IN no case civil or criminal.
should State COurf hay,o :,,....i. a. '''