The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1831-03-03
MR. burgess SPEECH,
On the Russian Mission.

ask the house to inquire, whether ths
salary to be provided, under our law, b,
this appropriation can be due for an illega
and void mission? Ambassadors and 9th.
or public ministers, though they may be
appointed by any sovereign community
yet, being officers sustained and sent a
broad by the laws of nations only, must be
appointed and commissioned in conformity
70 those laws. The power of every nation
ls confined to its own territory; and, there
fore, no officer of one nation can, as such,
pass into the territory of any other, and
there exercise any official functions what.
ever. Nations being moral persons, like
individuals, have established certain laws
for their owa mutual intercourse. Under
these laws the officers of Heralds, Legates.
Ambassadors, Enjoys. and other public
ministers. have been created, and by tn EN-
are the powers,rights and immunities of all
such officers governed. Our Executive
can, therefore, create public ministers:
but it must be seen that the foundation OF
their power to do SO, is laid down in the
Laws of Nations.
Every sovereign state, then, has right
to send and receive public minis ters; they
are the necessary instruments in affairs
which sovereigns have among themselves,
and to that correspondence which they
have right Of carrying on. In the first
chapter Of this work may be seen what we
mean by sovcreigps and independent states
which constitute the great society Of na.
tons. These are the powers which belong
TO the right Of embassy, and an unequal
alliance or treaty of protection does not
take away this righL"--(Vat. book ". ch.
S, 56.7J
Our law providing salaries for public
Ministers and Consuls, and the Constitu.
ton, by vesting the power Of appointing
them in the President and Senate, has
neither created nor recognized any now
power in the United States not incident to
them in common with all other nations;
nor can any authority be drawn from this |
law, or the Constitution itself, to appoint !
public Ministers or Consuls. other than |
such only as are known, acknowledged
and established by the great code Of laws
governing the intercourse Of all civilized
nations. Our Executive can, therefore.
neither give powers to Consuls or public
Ministers, nor send them abroad for pur-
poses unknown To those laws.
- Should the Precedent and Senate ap-
point. and send into foreign countries Con-
suls, as France once did, with admiralty
powers on questions Of capture under the
laws Of war. would these be Consuls under
our Constitution, unless they were such
under the laws and usages Of nations In
like manner, If the Executive create mis-
sions, and appoint Ministers to go into the
territories Of other nations, there 10 hear
IL tnsr, 20
American citizens, or to try and punish
crimes actually committed BY such citi-
zens against each other, could we be called
upon, under our law or Constitution, for
appropriations 10 pay their outfits and sal
sries? Why not? Because the law ofn
tions has established no such Consulate, no
such Mission, no such Minister; end no
nation can create new embassy, or one
unknown to the laws Of nations.
A Sovereignty may send abroad Ambas
sadors, Envoys or resident Ministers. 1t
may also seud Enjoys Extraordinary and
Ministers Pleuipotentiary; grade Of di-
plomatic functionaries comprchendng the
especial Offices Of the Envoy and the resi-
dent Minister. These ministers, however
must be sent for some specific purpose,
which must be in it's nature public and ma
tional, and they must be addressed, and
carry credentials Of their appointment and
y character, to some designated sovereign.
Sovereigns can accredit and receive resi-
dent ministers; but will it be pretended
that they can accredit and receive NON
RESIDENT MINISTER'S; such as, when
so accredited and received by the Govern
ment Of one nation, are THEREBY au-
thorized and empowered 10 reside ms min
isters to that nation in the territories Of
any other The act Of accrediting and
receiving public ministers is one Of the
highest acts Of sovereignty. Under the
confederation it was done in Congress as.
ssmbled. BY the constitution, this august
attribute Of sovereignty is conferred on the
President. In all the governments Of the
old world this act Of sovereignty is, be-
lievs, in like manner, performed by the
Chief Magistrate ofthe nation. Although
the whole sovereignty of nation be, in
accrediting and receiving public minister,
put in requisition by the Potentate who
performs this great state ceremonial, yet
the legal effects Of this act Of sovereignty
must be limited by whatsoever limits all
the acts of each and every sovereignty.
The legislative, Judicial, and Executive
powers Of every nation are limited by the
territory Of such nation; and, therefore,
every exercise Of any Of those powers
must, in their operations, be confined TO
the territory offhe nation exercising them.
The august act Of sovereignty, therefore,
BY which q public minister is accredited
and received by the Executive Potentate
oS any nation, like the laws and judicial
decisions Of that nation, can have no efAc.
;anev. no legal existence, otherwise than