f extend to consuls at all. They
are not of the diplomatic class of characters, to which alone that law
extends of right. Convention, indeed, may give it to them, and sometimes
has done so; but in that case, the convention can be produced. In ours
with France, it is expressly declared that consuls shall not have the
privileges of that law, and we have no convention with any other nation.
Congress have had before them a bill on the subject of consuls, but have
not as yet passed it. Their code then furnishes no law to govern these
cases.
Consequently, they are to be decided by the State laws alone. Some of
these, I know, have given certain privileges to consuls; and I think
those of Virginia did at one time. Of the extent and continuance of
those laws, you are a better judge than I am.
Independently of law, consuls are to be considered as distinguished
foreigners, dignified by a commission from their sovereign, and
specially recommended by him to the respect of the nation with whom they
reside. They are subject to the laws of the land, indeed, precisely as
other foreigners are, a convention, where there is one, making a part of
the laws of the land; but if at any time, their conduct should render
it necessary to assert the authority of the laws over them, the rigor of
those laws should be tempered by our respect for their sovereign, as far
as the case will admit. This moderate and respectful treatment towards
foreign-consuls, it is my duty to recommend and press on our citizens,
because I ask it for their good towards our own consuls, from the people
with whom they reside.
In what I have said, I beg leave to be understood as laying down general
principles only, and not as applying them to the facts which may have
arisen. Before such application, those facts should be heard from all
whom they interest. You, who have so heard them, will be able to make
the application yourself, and that, not only in the present, but in
future cases.
I have the honor to be, with great esteem, your most obedient, humble
servant,
Th: Jefferson.
LETTER LXXIX.--TO MR. HAMMOND, October 26,1791
Mr. Jefferson has the honor of presenting his compliments to Mr.
Hammond, of expressing his regrets that he happened to be from home when
Mr. Hammond did him the honor of calling on him, and was equally unlucky
in not finding him at home when he waited on him on Monday. Being
informed by Mr. Bond, that Mr. Hammond is charged with a p
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