You know that by the law of nations, consuls are not diplomatic
characters, and have no immunities whatever against the laws of the
land. To put this altogether out of dispute, a clause was inserted in
our consular convention with France, making them amenable to the laws of
the land, as other inhabitants. Consequently, M. Duplaine is liable
to arrest, imprisonment, and other punishments, even capital, as other
foreign subjects resident here. The President therefore desires that you
will immediately institute such a prosecution against him, as the laws
will warrant. If there be any doubt as to the character of his offence,
whether of a higher or lower grade, it will be best to prosecute for
that which will admit the least doubt, because an acquittal, though it
might be founded merely on the opinion that the grade of offence with
which he is charged is higher than his act would support, yet it might
be construed by the uninformed to be a judiciary decision against his
amenability to the law, or perhaps in favor of the jurisdiction these
Consuls are assuming. The process, therefore, should be of the surest
kind, and all the proceedings well grounded. In particular, if an
arrest, as is probable, be the first step, it should be so managed as
to leave room neither for escape nor rescue.
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