Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-03-09

lister is accredited and received by the
Executive Potentatc Of any nation, like
the laws and judicial decisions ofthat ma
tion, can have no efficiency, no legal ex-
istence, otherwise than as a mere matter
of fact, beyond the territorial limits Of that
nation. Whenever, therefore, any SOW
ereignty does accredit and receive Res
ident Minister, such Minister receives
thereby no powers which are not, like the
powers of that sovereignty itself, limited,
and confined to the national territory. -
For the Executive power of one nation
to accredit and receive Minister, as Il
resident minister at his own Court, and
in its own territory, and, at the same time,
to authorize and empower such Minister,
thereby, to reside at any other court, or
in any other country, would be nothing
short of direct usurpation in the EXecu-
tive doing it: for, to accredit and receive
u public Minister, is one of the highest
exercises Of sovereignty, and, therefore,
whenever the Executive of one nation
does accredt and receive Minister, to
reside in the territory Of another nation,
such Executive does exercise one of the
highest acts of sovereignty over that ma
tion. This would be usurpation.
Before gentlemen contend, that this
power of accredting and receiving non
resident ministers belong to severe ignties,
they must shew some warrant for it from
the laws of nations. DO they contend,
that the right of embassy is derived from
the law of nature, and not from the con-
venton and agreement of nations, and
that, therefore, one sovereign might,
by the laws of nature, receive Ambassa-
doris from another, and by endorsing their
credentials, authorize them to pass into
the territories of any other nation; 1t is
admitted that Heralds, ENJOYS, and Am
bassadors were sent, and received, and
respected, between armies and armies,
nations and nations, by virtue of the law
of nature, | presume; for this was GER
tainly done both in Asia and Europe, be-
fore any such code as the law of nations
existed in the world. These Ministers
derived their powers, and protection, from
the necessity ofthe case, and were COM
PEELED to go right forward on the errand
for which they were sent; and when that
was finished, to return in the most direct
route. These principles, as the historian
of CorteZ tells us, were found by the
Spaniards to exist in Mexico. For the
ENJOYS, sent by him to Montezuma, were
protected while they kept directly on
their journey, and in the highway; but if
they left that path, they forfeited all pro-
lection. Even these necessary messen-
gers of war, or peace, of congratulation,
or alliance, between sovereignties,
could receive no powers, either from
those who sent them, or from those to
whom they were sent, to so ourn for any
purpose in any other country; nor were
they permitted to tarry, either in the
place where their business was to be done
after that was finished, or to loiter on their
way home. This power of non residence,
therefore, was wholly unknown to the in
tercourse of nations, derived from the
laws of nature.
Resident Ministers do not derive their
powers from the laws of nature. For
surely that could never require any com
munty to permit the citizens of any other
community, to come and reside in their
territory, unless they become sub jected
to their laws and jurisdiction. Accord
ingly, we find such Ministers were un-
known in Europe until the 18th century.
The right to send, and the power to
accredt and receive Ministers at any
Court, being matter OF convention and
agreement among nations, it will be found
that all the causes which conspired to
produce that agreement, do unite in ex-
cuding the very idea of accrediting and
receiving non resident Ministers. Nay,
sir, so unwilling have nations been to en-,
ter into any agreement, that one sover-
eighty shall have power to accredit and
receive Ministers to RESIDE in the ter
ritory of any other, that they have not
yet agreed to protect Ambassadors, while
passing through their territories in gong
to, or returning from the place OF their
mission. Ward, and the authorities CIV
en- by him, Notwithstanding Waiter Is oil
n different opinion, do establish this doc
trinc.
Sir, what is the mission inrented in this
case by Mr.. Secretary Van Buren,; and
what the diplomatic character of the mn
ister now under consideration? This
gentleman was, by order of the Execu-
tive, carried out from Norfolk to Russia
in national Ship, with every circum-
stance of high respect, and at cost oil
not less than $4,000 for his passage
He arrived at st. Petersburgh; was pre-
scntcd to his Imperial Majesty the EN-
pcror of Russia exhibited his credentials; /;
was accredited as Envoy Extraordinary
and Minister Plenipotentiary of the UNI
ted States at that Court; retired and took
Lii drnn rfnrn from Tho Rnssinn IcrrltOrIe s