consular appointments in the same country; but, by the usage of all the com mercial nations of Europe, such a subordination is considered as of course. In the transaction of their official duties, the Consuls are often in necessary correspondence with their Ministers, or Chargés d'Affaires, through whom alone they can regularly address the Government of the Country in which they reside, and they are always supposed to be under their direction. The Diplomatic Agents will accordingly maintain such correspondence with the Consuls of the United States in the countries to which they are accredited, as they will think conducive to the public interest; and, in case of any vacancy in their offices, which may require the temporary appointment of a fit person to perform the duties of the Consulate, such appointment will be made by the Minister or Chargé d'Affaires, with the consent of the Government of the Country in which he resides, he giving immediate notice thereof to this Department.

50. Passports. Among the ordinary functions of an American Diplomatic Agent abroad, is that of giving passports to Citizens of the United States who apply for them. They sometimes receive applications for such passports from citizens of other countries; but these are not regularly valid, and should be granted only under special circumstances, as may sometimes occur in the case of foreigners coming to the United States. In times of war and internal commotions, such passports are often solicited, and sometimes sought, by fraudulent means, to be obtained, to favor the escape of individuals having no right to such protection, and being in peril of their persons. As such applications may be made to all our Ministers and Chargés d'Affaires abroad, their vigilance should be exercised in guarding against such impositions, and their firmness in resisting such solicitations. Respect for the passport of an American Minister abroad is indispensable for the safety of his fellow-citizens travelling with it; and nothing would be so fatal to that respect as the experience that his passport had been abusively obtained by persons not entitled to it. All passports should be gratuitously given, and a record or list of all those which may be delivered, containing the name and voucher of American citizenship of the person to whom they are given, should be kept in the office of the Legation. They may be refused even to citizens of the United States, who have so far expatriated themselves as to have become bound in allegiance to other nations, or who in any other manner have forfeited the protection of their own. Protections to seamen are not included under the denomination of passports, nor are they even granted by Public Ministers. Seamen may, nevertheless, like other citizens, occasionally want the passport of the Minister, and be equally entitled to it.

51. Presents. A custom prevails, among the European Sovereigns, upon the conclusion of treaties, of bestowing presents of jewelry, or other articles of pecuniary value, upon the minister of the Power with which they are nego

tiated: the same usage is repeated upon the Minister's taking leave, at the termination of his mission. The acceptance of such presents by Agents of the United States is expressly prohibited by the Constitution; and, even if it were not, it can scarcely be consistent with the delicacy of intercourse with foreign Powers, for our Ministers to receive from those Powers, or from the persons administering their Governments, such favors as their own Agents in the United States can never receive from our Executive in return. The usage, exceptionable in itself, could only be tolerated by its being reciprocal. It is therefore expected that every offer of such present, which may, in fufure, be made to any Diplomatic Agent, or other officer of this Government, in foreign countries, will be respectfully, but decisively declined. This having already been a standing instruction to all our Agents abroad, for several years, the rule is, probably, so well known as to prevent the offer of such presents in future; but should there be any reason to expect it, informal no tice that it cannot be accepted, given in the proper quarter, by the Agent to to whom it is to be made, would avoid the apparent harshness of declining an intended favor, by anticipating the necessity of a refusal.

For

52. Forms of Despatches. It has been found highly convenient and useful in the transaction of business in the Department of State, to have the original despatches from our Ministers abroad bound up in volumes. this purpose, and with a view to uniformity, those despatches should be regularly numbered; and, together with the copies made at the Legation of all papers transmitted with them, should be written on paper of the same dimensions, 15 inches long, 8 broad, and a margin of at least 1 inch around all its borders, for stitching, and cutting off the edges, without injury to the text. A sample of the paper is furnished by this Department, with a set of lines adapted to its size, and marking the margin within which the manuscript should be confined; of which the instructions from this Department also exhibit an example.

It would further conduce to the convenience of the Department, if short marginal references were made in the official communications of the Agents of the United States abroad, of the several subjects treated of by them, so as to exhibit at once the parts of their despatches to which particular attention may occasionally be required. The marginal notes in these instructions may be followed as a guide in this respect.

Minute as these particulars appear, they are found to be very essential to the good order and convenience of business in the Department of State; a strict adherence to them is therefore enjoined upon the Diplomatic Agents of all grades, representing the United States in foreign countries.

53. Ambassador's Powers. The powers with respect to an ambassador, are nothing else than what a letter of attorney is, in reference to a private person.

The powers are an essential instrument of the embassy, when a treaty is either to be made or concluded, or a particular affair of importance negotiated: in which case it behoves each party to be sure of the other, as to the execution thereof.

A general power of what extent soever, and whatever clauses may be added thereto, is not sufficient for a particular treaty.

In ordinary affairs, the ambassador has no need of a special power. The Portugal ambassador disputing the rank with that of Hungary at the council of Trent, said this latter had no authentic powers; but the fathers of the council declared, that the letters of credence were sufficient. And indeed, there are a thousand occasions, and a thousand affairs, wherein powers are not only unnecessary, but also where they would be altogether of no use; and there are very few embassies where it is requisite to employ plenipotentiaries.

Powers are not so necessary to the ministers who are the bearers thereof, as to the commissioners or ambassadors that treat with them, and whom it behoves to be well assured, that what they shall negotiate and treat of, with the plenipotentiaries, shall be approved of and ratified, although the powers how ample and absolute soever they may be, have always some relation to the secret orders the ministers receive, which may be changed and altered, and often are according to the conjunctures and revolutions of affairs.

The powers ought not to be limited at all, nor refer to the instructions; because being conditional, they would no longer be a full power.

It is certain, that the powers are at least as necessary to him that treats with the minister, as to the minister himself, as it will appear by the following example: the invasion with which Philip the Bold, King of France, threatened the kingdom of Arragon, in the year 1285, obliged the king, Peter the Great, to send to Sancho the Brave, king of Castile, a gentlemanwhose name was Peter de Bolea, to endeavor to bring him into his interest. This gentleman, who for all powers had only a simple letter of credence, was at a great loss, finding the king of Castile very little disposed to act for the interest of the king of Arragon; insomuch, that being apprehensive least he should declare in favor of France, he told him, that if he would but promise to remain neuter, the king of Arragon would give him the town of Calatayud, after the war was at an end. Sancho remained neuter, and perceiving that Peter had made an advantageous peace enough with France, he demanded of him the town Bolea had promised him. The king of Arragon said, that the gentleman he had sent him, had neither order nor power to promise any thing; but that he might not be wanting in any thing he owed to a king. whose friendship was dear to him, he sent him back the gentleman, to be disposed of by him, as he pleased. Bolea acknowledged to the king of Castile, that he had no orders to offer him any thing; but that it was the great

affection for the king his master, which had obliged him to make those offers; thereby to put him out of those dangers, the junction of the arms of France with those of Castile made altogether inevitable. The king of Castile commended his zeal, and what he had done; treated him, and sent him back to his master. He could blame nobody but himself, for having too lightly given credit to the saying of a minister, who, according to the rules of his profes. sion, did not scruple mingling a little artifice with his probity. Provided ambassadors do but gain their point, they do not make much scruple about The king of Castile ought to have had this promise in writing; and before he accepted of it, have had an authentic copy of the power by virtue of which it was made. And the king of Arragon, on his side, who would have the king of Castile give credit to what that gentleman should say to him on his part, was not obliged to own all that his envoy had done without orders; and he did more than he was obliged to do, in putting into the hands of the king of Castile, the person of whom he might complain for having cheated him; but who, however, had done a very signal service to his

the means.

master.

Sometimes a minister may be treated with, although he may have no powers, provided he be of quality sufficient to make what he does be approv ed, and that he have authority enough for that purpose.

Although there be no safety at all to conclude with a minister who has no powers, and that there be none even to enter into a negotiation with him, whose powers have not their due form, yet it is sufficient, however, that he who, notwithstanding that, is willing to negotiate with a minister who has no powers, or whose powers are imperfect, is contented therewith.Wicquefort.

54. Every minister charged with a negociation, properly so called, ought to be furnished with a full power indicating the degree of authority, with which he is intrusted, and upon the faith of which a negociation can be begun with him. It should be expressly mentioned, if the minister be only authorised to hear propositions, to report, to propose, or to conclude them: and when there are several ministers, if they are authorised to act separately.

The full power may be inserted in the credentials, but the more usual method is to prepare one separately in form of letters patent. The minis. ters sent to a congress, a diet, &c., are not usually furnished with creden tials; they have merely a full power which serves them for a legitimation, and they interchange the certified copies, or place them in the hands of the minister (directeur & mediateur) if there be one.

It is not much in usage at present to furnish a minister with a full power to authorise him to treat with all foreign powers, and which is denominated “actus ad omnes populos." Martens' Manual.

Ambassadors inviolable in their Persons-Declaration of Hol land, in 1651:

(Extract.) Whereas, according to the law of nations, and even that of barbarians, the persons of ambassadors, residents, and the other like public ministers, of kings, princes, and republics, are every where held in such esteem, that no person whatever dare offend, injure or damnify them; but on the contrary, they are in possession of being respected, highly considered, and honored by every body; nevertheless, forasmuch, as we are informed, that some insolent, outrageous, and dissolute persons, have dared to undertake and act the contrary to what is above recited, in reference to some public ministers who have been sent to this Estate, and who reside in our Province: we being willing to provide against the like abuses for the future, have thought fit to ordain very expressly by this our Declaration, and to prohibit and forbid very seriously by the presents, That no person of what nation, state, quality, or condition soever, presume to offend, endamage, injure by word, deed, or look, the ambassadors, residents, agents, or other ministers, of kings, princes, republics, or others, having the quality of public ministers, or to offer them any injury or insult, directly or indirectly, in any manner or kind whatsoever, in their persons; gentlemen of their retinue, servants, houses, coaches, and other things that may belong to them, or depend on them, under the penalty of incurring our utmost indignation, and of being bodily punished, as violators of the law of nations, and disturbers of the public quiet. The whole according to the nature and exigency of the case. Commanding all the inhabitants of this province, and all those who shall there be present, that on the contrary they shew all manner of honor, and pay all respect to this sort of ministers; and even to give them, as also to their domestics, and to those of their retinue, all aid and assistance, and to contribute whatever may be serviceable to their honor, and be aiding to their service and conveniency. Ordaining and commanding the first and the other counsellors of the court of this province, as also all officers, justices and magistrates, and all those to whom it shall belong, to proceed against the transgressors by the execution of the penalties above mentioned, without any manner of connivance or dissimulation whatever. Done at the Hague, under our Great Seal the 29th of March, 1651. Wicquefort.

56. Of the Rights, Privileges and Immunities of Ambassadors, and other Public Ministers. A respect due to sovereigns should reflect on their representatives, and chiefly on their ambassadors, as representing his master's person, in the first degree. Whoever affronts or injures a public minister commits a crime the more deserving a severe punishment, as thereby the sovereign and his country might be brought into great difficulties and trouble. It is just that he should be punished for his fault, and that the state should, at the expence of the delinquent, give a full satisfaction to the sovereign affronted in the person of his minister. If a sovereign minister offends a citizen, the latter may oppose him without departing from the respect due to the character, and give him a lesson which shall both efface the stain of the outrage and expose the author of it. The person offended may further prefer a complaint to his sovereign, who will demand of the minister's master a just satisfaction. The great concerns of the state forbid a citizen, on such occa. sions, to entertain those thoughts of revenge which the point of honor might suggest, though otherwise allowable. Even according to the maxims of the world, a gentleman receives no disgrace by an affront for which it is not in his power, of himself, to procure satisfaction. Vattel.

57. Their Person sacred and Inviolable. The necessity and right of embassies being established, the perfect security, the inviolability of ambassa