The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-17
A DECISION.
The Juror liz Excused Through Cour-


tesy.
Er parte Wallace Ogden. iuror.-Mr. Ogden
by his counsel asks that he be de-
olRred not iiabls 60 jury duty In this court
becaut no il q, nsul Of tho Argentine Republic
Mr. Ogden Ia citizen OF his State aud parish
qualified % register az u voter.
Ii IL claimed that MIR. Ogden IL EXEMPT by tho
State law. whish re ieves from jury duty pub
lilo officers commissioned under the authority
OF the United States g." He is not % commits
stoned. He hss 4 commission from the PresI-
dent OF The Arsentine Republic, and his treQua-
t,p. from the President OF the United States
Tue latter cunt mt L. In no sense counts
slon. II commits no power 10 Nj Ogden. II
zee an Ssa and permits the exercise aui euioy-
msn, OF the ina,ti'ns i powers and nryltsss
authority of the Argentine Rapubio. The
Unit States hav, no Voice In his selection.
and can neither u si1n to him NJ call him TO
an aecount a. to the exai ciss Of atty duty be
may owe W the A,geutus Rsuub 10 or It's uitl-
gems. Pubic affi.' = commissioned under the
authority of The United htstes' are officers OF
the Unit. States. Commissioned by the United
States under the authority OF their constitution
Ii ID submitted that the courts or the United
Stat, ara alone camprtant to pass upon tbis
matter. 1t II tbe right and the int erativ, duty
OF thia court 10 pet upon the qualifications Of
persons sunni antd " 1t up it, jll faa In
passii q upoh the question how preesni ed, the
court is bound 10 consider not only the lw OF
treaty OF the argentine Rep bill, with the
United Statea under he stluu att ns ri which
Mr. 0sd. q haa b. on commissioned. The trea-
ttea OF The Unit q States are part OF the su
preme law OF this Il put llo. and are not b.
disreg- rd.d by the state courts when they have
any bearing upon questions befor. them;
1t provid q BY the treaty between the two
republics. OF date July ~. 1855. that the diplo-
mHtic agents Aud cnnsuts Of the Argentine Con-
federation shall ~ ", IN the teriitoii les OF the
Unite' States. what. vs. uristlegas exemptions
and immunitits are or shall be RrRi ted to
agents OF the save rank belonging to the most
favored ma ions"
II mr.. Ogden were citizen of the Argentine
Republic this on stion would not have arisen
In that easa he wnnld have been ex.m pt under
the Law ~ the State. Bling q citizen If the
State If Louis ana. privil.xed as .uch, can
he, ~ virtue o. h's commission from foreign
Torrance Of i du'ie.- and evade bis res ponsi-
bill les as efi IL II OF Louisiana?
The treaty declares that he shall enjoy the
privt eyes. axrmRiiDns and 3mmunitfes that
are granted to consuls OF the most favored ma.
Censuls. by the Law 81 rationa. are not entitled
to the peculiar immunities of ambassadors.
In civil AND Grimm 4 Q 49, hey are suhjs tp
The local lava This IL true I Tor. iguers hold
Ing The consular flee There can he no doubt
as To It's application 10 American ctiz sns acting
az consuls far re Rn governments
Ghancel IT Kent ssys Ii has h+ come the GUS
tom to appoint tuhj G of the foreign country
70 be consuls at ~ porte. ami a VMtel says.
the very receiving Of the cossut tAeitly atoAs
him liberty to properly discharge ht funcH ms.
BY a custom. gr,sn rom International oonr-
tesy. it IL the ula that nattv recognized IA
cor sui for for In nation should Do treated
a. though he ware cit n Of the power he
repres nts The Law OF the state might compel
n consnl. qualified TO be q juror. to absent
himsef from MA duties . En .. r. DIS servic+s
RI nresenit.f by him By holli ~ the consul as
n inror In such case. the court would not
violate law. although serious inconvenience