The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-15

he showed me-one substantially as this-that
he was not to be regarded as entitled to the
privilege OF a secretary OF the Chilian Legation
Mr.. Stoughton--That has been explained.
Mr.. DIckinson-That is all true. Shortly af
forwards, your Honor, received the following
despatch from Mr.. Seward, from the Department
OF State:-
TELEGRAM FROM Mr.. SEWARD.
STATE DEPARTMENT WASHINGTON, February Z,
1866.-lo Daniel s Dickinson. United States ID s.
trIct Attorney: - Benjamin v. Mckenna is not
known TO this GOvernment as having any diploma
tic privilege. lou will proceed accordingly.
WILLIAM H. SEWARD.
After our interview in Court the other day lhe
learned counsel elected to serve these papers
and make this motion. / subsequently ION
Saturday last) received the papers from my
learned friend and Immediately inclosed them
to Secretary Seward, with note stating that
motion would be made to-day, and urging that
the papers be returned with an answer as
speedily as possible, and yesterday / received a
document as follows from the State Department.
1t Is a certificate from the Secretary OF State:-
CERTIFICATE prom THE SECRETARY OF STATE.
United States OF America Department OF State
TO all TO whom these presents shall come greeting
ce tify Thai it appears from the records and files
OF this department hat s. njamn Vicuna McKenna
is not now anu never has been secretary to the
Chilian Legation IN the UDned states, and that lie
IS and never has been accredited to the Govern.
ment IN any capacity which would entitle him to
the privileges and immunltes Of dlUlo matte agent,
pursuant to the law of Danons and the act of Con-
Rress IN such case provided
-
Secretary of State of the nited states have here
unto subscribed my name ard caused the seal OF the
Department of State to ne affixed.
Done at the City o. Washington, this IL h day OF
February, 1866 and of tne Indeeendence OF the
WILLIAM ii. SEWARD.
This constitutes and gives the whole history
of the course Of the Government in this matter.
have read the document, which iustifies, as |
suppose, with Difference, its action. We have no
disposition to turn to the right hand or the left
do TO bring ODDrpSSiOn TO this n
tleman. But we simply treat him according to
what we understand is due to the viola ion OF
the laws if it shall be proved that he has vio-
lated them, as we are advised.
We do not wish to hurry on the matter to his
OF his cOunsers inconvenience. We do not wish
to delay;t to his,inconvenience, or to the detri-
ment OF justice on the other hand. We wish to
take the usual course, and to deal with him as
a stranger, and as bound to regard him as a
gentleman until he is proved otherwise. We
but regard him as the law regards all-all are
alike entitled to equal rights and privileges.
This, your Honor, is our position, and we are
content with the proposition of The learned
counsel on the other side
MR.. sToUGHToNs REPLY.
Mr.. Stoughton repled-May it please your
Honor, in reference to the certificate just read
by my learned friend, your Honor is perfectly
aware that an act of Congress provides that any
person concerned in the arrest OF a minister of
foreign country to this Government-which is
held TO eXtendGto Secretary OF Legation pro
vides that any person who shall arrest or cause
the arrest OF minister so accredited, whether
he may have been at the time received or not,
coming TO this country in that capacity, is re-
garded as disturber of the repose and public
peace of the country and is punishable unstable
/ mention this, because my. learned
friend has read certificate from Mr..
Seward, Secretary of State, which certificate
accords entirely with the statement Of Mr..
McKenna, that he has not been presented in
that character here. My learned friend argues
that from the whole inference to be drawn from
this circumstance he would not be entitled to
the privilege. 1t is held that a person who
comes TO this country in that capacity comes
within the provisions of the act OF Congress.
do not wish to appear here as waving or pre-
tending to waive something which have not
the best reason to suppose exists, or that make
this explanation on account of the Secretary of
States certificate.
Mr.. Dckinson-The certificate Is part of The
history of this case as to the course the Govern
ment feels bound to take and as sh owing that
the Government is acting in goou faith, and
according TO the record | do not understand
any other rule than this, that the Government
is justified in its course. What its relations are
to the representative of O foreign country does
not come under discussion here.
Mr.. Stoughton-lt relates to the privileges OF q
minister or other privileged person passing
through to the seat OF Government.
MIR. DickinsOn-No person is recognized as q
minister till he is accredited and accepted as
such. am prepared to accept such disposition
of the case as may be most convenient to Mr..
MCKenna and the learned counsel. MIR, Mckenna
returns plea of not guilty.
Mr.. Stoughton-You do not want to go through
the ormality of an indictment.
THE ExEoUATUR TO DIR. ROGERS, CHILIAN CONSUL,
REVOKED.
The exequatur issued on the 18th day of Octo-
ber 1864, recognizing Estaban Rogers as Consul
dd interim of the Republic of Chilli for the port
of New York and its dependencies, and declar-
ing him free to exercise and enjoy such func-
tions and privileges rs are allowed to consuls,
has been revoked by the President.