issued by the Marine Magistrate for the arrest of the Defendant, which was published out the town of the boast of City decisions.
"The United States Consul attended, accompanied by a considerable number of her entrymen, and, through his legal adviser, formally claimed the right to sit with the Justices in the Court - a right to which he favourably had us claim. It is quite in the breast of the Court to allow or refuse any party to sit on the Bench, but this right now demanded and associated with a claim to jurisdiction on the part of the United States Court over American Citizens in cases of offences committed within the Queen's Dominions, the Chief Magistrate refused to recognize the right on further grounds, and, in doing so, was fully warranted in such refusal.
The Chief Magistrate declares that he stated to the United States Consul that he had been in the habit of allowing a consul a seat upon the Bench as a matter of courtesy, but felt compelled to deviate from usual practice, and to ignore the Consul's claim, refusing it contrary to Mr. Keenan having on a recent occasion, quitted the Bench, to which he had been invited, in order to rescue a prisoner from its custody, and to assault its officer. The Chief Magistrate denies having used "insulting language" or resisted the authority in a "mudditive and insulting manner", and states that his Brother Magistrate, Captain Wathing, ...
Page 65/9