Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-03-09
PUBLISHED WEEKLY.
JAMES ATKINSON.
MIR. burgess SPEECH
House of Representatives, Feb. Z, 1881.
PUBLISHER AND PROPRIETOR.

by this appropriation, can be due for an
illegal and void mission? Ambassadors
and other public ministers, though they
may be appointed by any sovereign com
munity, yet, being officers sustained and
sent abroad by the laws of nations only =,
must be appointed and commissioned in
conformity to those laws. The power of
every nation is confined to its own terri
tory; and, therefore no officer Of one ma
tion can, as such, pass into the territory
of any other, and there exercise any Of
fetal functions whatever. Nations being
moral persons, like individuals, have es-
tablished certain laws for their own mu-
tual intercourse. Under these laws
the Offices of IIeralds, Legates, Ambas-
sadors, ENJOYS, and other public minis
ters, have been created, and by them are
the powers, rights and immunitcs of all
such officers governed. Our Executive
can, therefore, create public Ministers,
but it must be seen that the foundation of
their powerto do so, is laid down in the
Laws of N atons. Vat. Book iv. CHI. 8,
sec. 56-7.)
"Every sovereign state, then, has right TO SEM
and receire public ministers; they are the necessa-
nv instruments in affairs which sOpereigns have IL
mong 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 sOrertigns independent states which
constitute the great society Of nations. These are
the powers which belong TO the right OF embassy,
and an unequal alliance or treaty ofprotectlon does
not take away this right"
Our law providing salaries for public
Ministers and Consuls, and the Constltu-
ton, by vestng the power of appointing
them in the President and Senate, has
neither created nor recognized any new
power in the United States, not incident
20 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 civ
ilized nations. Our Executive, can, there
fore, neither give powers to Consuls or
public Ministers, nor send them abroad
for purposes unknown to those laws
Should the President and Senate ap-
point, and send into foreign countries
Consuls, as France once did, with adml-
rally powers on questions OF capture un-
der the laws of war, would these be Con-
suls under our Constitution, unless they
were such under the laws and usagcs of
nations' In like manner, if the Exccu-
tive create Missions, and appoint Minis
ters to 90 into the territories of other ma
tions, there to hear and decide controver-
sizes arising among American citizens, or
to try and punish crimes actually commit
ed by such citizens against each other,
could we be called upon under our law
or Constitution, for appropriations to pay
their outfits and salaries Why not? Be
cause the law of nations has established
no such Consulate, no such Mission, no
such Minister; and no nation can create
new embassy, or one unknown to the
laws of nations.
A Sovereignty may send abroad Am
bassadors, ENJOYS, or resident Ministers
1t may also send ENJOYS Extraordinary
and Ministers Plenipote entiary; grade
Of diplomatic functionaries comprehend
ing the especial officers ofthe Envoy and
the resident Ministers. These ministers,
however, must be sent for some specific
purpose, which must be in its nature pub
lie and national, and they must be ad-
dressed, and carry credentials of their
appointment and character, to some de-
signated sovereign. Sovereigns can ac-
credit and receive resident ministers; but
will it be pretended that they can accrcd-
il and receive NON RESIDENT MIN
ISTERS; such as, when so accredited
and received by the Government of one
nation, are THEREBY authorized and
empowered to reside as ministers to that
nation i'm the territories of any other!-
The act of accrcditing and receiving pub
lie ministers is one of the highest acts of
sovereignty. Under the confederation It
was done in Congress assembled. 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, believe, IN
like manner, performed by the Chief
MAGISTRATE of the nation. Although the
whole sovereignty Of a nation be, IN ac-
creditinr and receiving public minister,
put in roquisition by the Poientato who
performs this great state ceremonial, yet
the legal effects of this act of sovereign
ty must be limited by whatsoever lin''S
all the acts of each and every Sovereign
ty. The Legislative, Judicial, aud fN-
ccutive powers of every nation are lIm't-
ed by the territory of such nation; and,
therefore every exercise OF any OF those