1784.
to be committed upon his perfon. That therefore his having fuffered a fecond infult, muft be impofed to his refufal to accept that fecurity.
It is pretended, that by the menaces at the houfe of the Minifter, the law of nations was violated ; yet, it muft be remembered, that the reparation fought, and the remedy offered, are confined to the municipal law of Pennʃylvania yields no further relief, than the impofition of a legal reftraint on the execution of thofe menaces. The degree of outrage is, likewife, to be computed by the quality of the perfon offended ; and as the application of the defendant was to procure a certificate from the Conʃul oƒ France, if Monʃieur Marbois has been at all infulted, it is only in that character, which is not protected by the law of nations. Vat, lib. 4. §. 75. and confequently there is no redrefs, but what the law of the State provides.
On the fecond Count, of the Indictment, they argued, that it was not fufficiently proved, that De Longchanps was the aggreffor.. One witnefs have fworn pofitively, that the firft blow was given by Monʃieur Marbois, and another defcribes the parties to have laid their hands on each other, at the fame inftant. Though other witneffes did not fee thefe circumftances, yet they are grounded upon affirmative teftimony, which cannot be deftroyed by that which is merely negative. Gilb. L. B. 157. If, therefore, the evidence of the defendant was entitled to credit, it appeared, that Monʃieur Marbois was the author of the outraged ; and, it is fo well eftablifhed that no elevation, rank, or immunity of character, can abrogate the right of felf defence that if a Sovereign Minifter offend a Citizen, the latter may oppofe hime, without departing from the refpect due to his ftation, and give him a leffon that fhall both efface the ftain and expofe the author of the outrage. Vatt. lib. 4. §. 80.
The Attorney General, affifted by Wilʃon, fupported the profecution. The neceffity of fuftaining the law of nations, of protecting and fecuring the perfons and privileges of Ambaffadors ; the connection between the law of nations and the municipal law ; and the effect which the decifion of this cafe muft have upon the honor of Pennʃylvania, and the fafety of her Citizens abroad, were ftated at lenght from 3 Burr. 1480. 1 Bl. Com. 70. Vatt. preƒ. 6. page 203. Vat. lib. 1. §. 6. lib. 4. §.84.§. 80. Ayliƒƒ's Pandect. lib. 2. 132.
On the firft part of the Indictment, they obferved, that the meaning of the menace ufed in the Minifter's houfe, was to be fought for in the opinion of the French nation. With them, the phrafe extended farther than colloquial difhonor (that Monʃieur Marbois had already fuffered) it implied perfonal violence. This was the idea, likewife, of his Excellency, the Prefident of the State, and the event confirms it beyond a doubt. If, therefore, the menace had been attended with its natural effect, impreffing Monʃieur Marbois with an apprehenfion for his own fafety, the Conful General of France,
