by John Marshall Harlan

“ It is thus seen that neither the constitution nor any act of congress defining the powers of the courts of the United States has made the jurisdiction of this court, or of the district courts, exclusive of the circuit courts in suits brought against persons who hold the position of consul, or in suits or proceedings in which a consul is a party. The jurisdiction of the latter courts, conferred without qualification, of a controversy between a citizen and an alien, is not defeated by the fact that the alien happens to be the consul of a foreign government. ”

“ But as this court and the district courts are the only courts of the Union which, under the constitution or the existing statutes, are invested with jurisdiction without reference to the citizenship of the parties, of suits against consuls, or in which consuls are parties, and since the circuit court was without jurisdiction, unless the defendant is an alien or a citizen of some state other than New York, it remains to consider whether the record shows him to be either such citizen or an alien. ”

“ Crawford, ubi supra, it was said by Chief Justice TANEY that, 'in this country, as well as others, it often happens that the consular office is conferred by a foreign government on one of our own citizens.' It is because of this practice that the question has frequently arisen as to the extent to which citizens of a country, exercising the functions of foreign consuls, are exempt from the political and municipal duties which are imposed upon their fellow citizens. ”