Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-01-20
INGToN NEWS AND GOSSIP.

correspondence COmmuntcateu 10 SoDSIoee "
the President relative to the refusal of the
Netherlands Minister to permit its diplomatic
agents to testify in our courts Of law.
Mr.. Marcy to Mr.. Belmont.
DEPARTMENT OF STATE,
Washington, May Is, 1856
SIR l regret to be under the necessity Of
requesting you to invite the attention of Mr..
Van Hall, Minister of Foreign Affairs, to the
course OF Mr.. Dubois, resident Minister near
this Government, in regard to the melancholy
Washington few days ago
1t will be sufficient for my present purpose
TO state that while he was at breakfast in tho
public dining room Of the hotel, difficulty
arose between q member Of Congress and one
Of the walters Of the hotel, and personal con-
fict ensusd between these parties, which re
suited in the death Of the waiter, from pis.
tol-shot fred by the member of Congress. He
appeared before the magistrates for the pur-
pose of a judicial investig CATION, and the Dis
trict Attorney, charged with the public prog
ecution Of the offence, invited Mr.. Dubois to
attend the court and give his testimony In the
case. This he declined to do, and the In
fuence Of this department was invoked to in
duce him TO waive his privilege under the law
Of nations, and appear as a witness:
l have most cheerfully complied with the
earnestly endeavored to convince Mr.. Dubois
that he would not only contribute largely to
the administration Of justice by attending,
but increase his claims upon the goodwill al
this community, and greatly augment his
means Of usefulness to his Government. I
regret that he has not been able to view tho
matter in the light in which have presented
il TO him This, perhaps, ought not to create
surprise, as he has but lately arrived in the
country, and is an entire stranger among Us,
and, in bis embarrassment, 1t is not unreason-
able that he should have consulted his col
leagues in the diplomatic corps. 1t is under.
stood that they have advised him to persist in
his refusal to appear before the court. It Is
not doubted that both by the usage Of nations
aud the laws of the United States, Mr. Dubois
has the legal right to decline to give his testi-
mony, but he is at perfect liberty to exercise
this privilege to the extent requested, aud by
doing so be does not subject himself to the ju.
risdiction Of the country. The circumstances
of this ease are such as to appeal strongly to
the universal sense of justice. Mr.. Dubois
was, il is believed, the only unprejudiced per-
son who witnessed the whole affair, and It is
not probable that justice can be done in the
case without his evidence. If the accused
acted in self-defence, as is alleged, be is limo
cent Of the crime charged, and there is high
moral obligation upon Mr.. Dubois to contr.
butte his testimony to establish the fact. But
if on the contrary, he is guilty, the claims Of
Justice arc not less imperative, and they are,
besides, augmented by the interest of the
whole community.
fuence upon Mr. Dubois to which they are
believed to be entitled, and hope they may
prove to be more convincing to the mind of
Mr.. Van Hall. In the event of his suggesting
that Mr. Dubois might give his deposition out
of court IN the case, you will not omi: to state
that by our constitution, in all criminal prose
cutions, the accused has the right to be con-
fronted with the witnesses against him, and
hence, In order that the testimony should be
legal, it should be given before the court.
L am, sir, respectfully, your obedient ser'vt,
W. L. MARCY.
August Belmont ESQ.,, Hague
MI. Belmont replies under date Of June 10,
1856, that he has had an interview with Baron
Van Hall, of the Netherlands Government,
and was informed By him that the conduct of
Mr.. Dubois was fully approved of by his Coz
eminent, at the same tims he was authorized
to testify under oath, at the State Depart
ment, but that the character Of Dir. Dubois,
as representative of his royal master, would,
on no account, admit Of his appearing in court
as an ordinary witness, and of his being sub.
jected to vexatious cross examination.
Mr.. Belmont failed to induce Mr.. Van Hall
to recede from his position by telling him that
by the proceedings prescribed by the constitu-
ton of tie United States in criminal prosscu-
tions, any concession Of Mr.. Dubois, short of
his willingness to testify in open court, and to
be confronted with the accused, would not be
of the slightest avail, as his evidence would
only be admissible on such conditions, and
by representing to him the vital importance Of
the case, and the sacred obligations 1t imposed
upon Mr.. Dubois, whose testimony, as per-
haps the only unprejudiced witness through
out the whole disgraceful scene, might prove
indispensable either to save the life of fell
low being, or to avenge the majesty of the
law.
Mr.. Belmont transmits the letter to him
Of Mr.. Van Hall, affirming his decision off,
cially, giving it as his conviction that the
difficulties of a criminal suit to be carried on
in America, as a common witness, could not
compOrt with the dignity of the character of
a minister of the King residing at the seat of
government Of the republic, nor yet could i.
do so with the duties of his Office. In con.
concluding, Mr.. Van Hall says:
IL beg you, sir, to communicate this an
swer Ct mine to Mr.. Marcy, lattering myself
that he will be pleased to derive from il n
conviction that, in the act of authorizing it's
minister resident at Washington to give his
sworn deposition to the Secretary of State, the
government Of the Netherlands did all that
was nationally feasible under tho circum-
Stances, and that the government of the United
States will appreciate the sentiments Of cour.
tesy and friendly disposition which suggested
such an authority"
Mr. Dubois, under date of June 81, 1856,
writes to Mr.. Marcy that he has instructions
TO the same effect from his government, to
which Mr.. Marcy replies that under our sys-
TEN Of administering Law in criminal cases
such declaration as that proposed could not
be admitted az complete evidence.
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