1753. CONSULS, Punished.—[further continued].
If there be any doubt as
to the character of his offence, whether of a
higher or a lower grade, it will be best to
prosecute for that which will admit the least
doubt, because an acquittal, though it might
be founded on the opinion that the grade of
offence with which he is
charged is higher
than his
act would support, yet it might be
construed by the uninformed to be a judiciary
decision against his amenability to the law, or
perhaps in favor of the jurisdictions these
consuls [Genet's appointments] are assuming.
The process, therefore, should be of the
surest kind, and all the proceedings well
grounded.—
To Christopher Gore. Washington ed. iv, 55.
Ford ed., vi, 405.
(Pa.,
Sep. 1793)