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Page:United States Reports, Volume 2.djvu/241

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Stratus Coun or Penwluania. ag; For the defendants, it was urged, byDaIIu: 8c DuPon¢eau, on typ;. ' the r/lpoint, that the Confular Convention extended to all dy'eren· lov`! ee: andpeit: between Freneb citizens; that a foreign attachment was, unqueiiionably, a fuit; and that the dilference, or fuit, exill:· ing in the United Stater, it was not material, either to the words or fpirit of the article, that both the parties {hould be aétually reli- dent within the United State:. On the zdpoiut, it was anfwered, that the plaintif necelfarily remained a Freud: citizen, ’til1 he me- nounced his allegiance, or had done fome a£t incompatible with it ;—that he was not a citizen of the United State: ; and unlefs he was a citizen of France, he exhibited the extraordinary fpeflacle of a human being who had no country! Br run Comer. - Many important topics have been difcnifed, in the courfe of this argument; but we do not think it neceffary to detide on more than one of them. The fole queition is-- were both the plaintif and the originaldefendants citizens of the French Republic, at the time of infiituting this fuit? We are clearly of opinivtl, from the fa£l:s difclo ed in the amdavits which have been read, that the plaintiff was not then, nor is he now, a citizen of Fmnee, It is true, that he has lmt acquired the rights of eitizenihip here ; nor, as it appears, in any other country`; but, whatever may be the inconvenience of that {itu- ation, had an undoubted right to diifent from the revolution ; _ and, as a member of the minority, to refufe allegiance to the new government, and withdraw from the territory of Friar:. Every thin that could be faid or done to manifclt fuch a deter. mination, has been faid and done by the plaintifli except the a& of becoming the {ubje&, or citizen, of another country. ` Let the rule be difcharged." - - Gg a ~ - Hnmntts-

  • On the fubjeéi of the Confular Jurifdiéiion, I have been favored

with a note ofthe following tlpcilion, taken from the Records of the Circuit Court for the Dillriét of Ilassuclgurettr, iu Jlfgy '[ernr rggg, Vrtteucuvz - oerrur Bnnton._ IT 'was agreed by the parties to fubmit this queliion-to the Court, . to wit:-Whether the Convention gave to the I":-encb Couful eognizance of all.dili`eren`ces and fuitt between Frencbmen; or contined the lame to the defcription of cafes therein enumerated, or other cafes not ariling from tranfaéiions in the United Stutes Z And, further, that il the Court ihould be of opinion, that the Confular jurifdiélinn. exlnds generally to alldiifercnces and fuits between Frencbmm, that then the plaintilf {hall difcontinue the prefent aéiion without coil:. Tut Couxvr, after hearing the counfel-of both {idea, on the quellion propoled, were of opinion, that the Confulur jurifdiction doer not ex-. tend generally to all differences and {hits between Frenclmten. The plaintili`, thereupon, prayed leave to difcontinue hisfaid action __ Without coils; which being granted, he did dikontinue accordingly.