1784.
BRYAN, Juftice. The diftinction, between a Conful and a member of the Legation, is not warranted in this cafe ; for, Monʃieur Marbois never ceafed to be the latter. As Secretary to the Legation, his authority defcends from a high fource, his commiffion being made out in the fame form as the Minifter's, and figned in the fame manner, by the King his mafter.
The Jury, as firft, found the defendant guilty of the Affault only ; but, the Court of defiring them to re-confider the matter, they returned with a verdict againft him on both Counts.
The fentence of the Court was fufpended, in confequence of a cafe ftated by his Excellency, the Prefident, and the Honorable Supreme Executive Council, for the opinion of the Judges. It was argued in open Court, on the 10th and 12th of July, by five Council, two for the affirmative, and three for the negative ; and on the 7th of October, the prifoner being brought before the Court, the CHIEF JUFTICE ftated the cafe, repeated the anfwers of the Judges, and, finally, pronounced the judgment of the Court, in the following manner.
M‘KEAN, CHIEF JUʃTICE.— Charles- Julian De Longchamps :— You have been indicted for unlawfully and violently threatening and menacing bodily harm and violence to the perfon of the honorable Francis-Berbe De Marbois, Secretary to the Legation from France, and Conful General of France to the United States of America, in the manfion-houfe of the Minifter Plenipotentiary of France ; and for an Affault and Battery committed upon the faid Secretary and Conful, in a public ftreet in the City of Philadelphia. To this Indictment you have pleaded, that you were not guilty, and for trial put yourfelf upon the country ; — an unbiafed Jury, upon a fair trial, and clear evidence, have founded you guilty.
Thefe offences having been thus legally afcertained and fixed upon you, his Excellency, the Prefident,, and the Honorable the Supreme Executive Council, attentive to the honor and intereft of the State, were pleafed to inform the Judges of this Court, as they had frequently done before, that the Minifter of France had earneftly repeated a demand, that you, having appeared in his houfe in the uniform of a French Regiment, and having called yourfelf an officer in the troops of his Majefty, fhould be delivered up to him for thefe outrages, as a Frenchman to be fent to France ; and wifhed us in this ftage of your profecution, to take into mature confideration, and in the moft folemn manner to determine :—
1ft. Whether you could be legally delivered up by Council, according to the claim made by the late Minifter of France ?
2dly. If you could not be thus legally delivered up, whether your offences in violation of the law of nations, being now afcertained and verified according to the laws of this Commonwealth, you ought not to be imprifoned, until his moft Chriftan Majefty fhall declared, that the reparation is fatisfactory ?
And 3dly. If you can be thus imprifoned, whether any legal act can be done by Council, for caufing you to be fo imprifoned?
