Bushrod Washington

“ If, for example, a foreign minister is sued in a State Court by an individual, and that Court should take jurisdiction, and give judgment against the minister, the Supreme Court of the United States may revise the judgment under the appellate powers given to it by the 25th section of the Judiciary Act of 1789, c. 20. So, where the inferior Courts of the Union take cognizance, as Courts of admiralty and maritime jurisdiction, of suits brought by foreign consuls in maritime causes in which their fellow citizens are interested, the appellate power of this Court has been constantly exercised. ”

“ It is obvious, that the law of nations would, in some instances, from the rule of decision; in others, such as civil causes arising out of contract, and questions of property, the laws of the several States would form the rule; but in what manner the jurisdiction of the national Courts is to be exercised in prosecutions against consuls for offences not declared penal by any act of Congress, is a subject on which a great contrariety of opinions has prevailed. ”