Smith Thompson

“ Although this might not perhaps have been strictly technical, yet as the court gave judgment on the merits, and did not dismiss the writ of error, it is reasonable to conclude, that the special grounds for deciding against the exemption set up by the plaintiff in error, would have been in some way set out in the affirmance of the judgment.
If any doubt or difficulty existed with respect to the matters of fact set up in the assignment of errors, the court for the correction of errors was, by the laws of New York, clothed with ample powers to ascertain the facts. ”

“ It may not be amiss barely to notice another argument which has been pressed upon the court, by the counsel for the defendants in error, although we think it does not properly arise upon this record. It is said, the act of congress does not apply to this case, because, being an action upon a recognisance of bail, it is not an original proceeding, but the continuation of a suit rightfully commenced in a state court. The act of congress is general, extending to all suits against consuls ”

“ If the privilege or exemption was merely personal, it can hardly be supposed, that it would have been thought a matter sufficiently important to require a special provision in the constitution and laws of the United States. ”