The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-11


lions iurni he'd by his government constitute
'ne ae'ua' character of foreign envoy. lie is
NUM- 3 for all other purposes. Save in those
'ases where discretionary powers are confided to
iir !. he is as incapable OF mischief as the pens.
ok and paper with which he writes. Even
when invested with discretion, if he should pre-
sent for discussion an exceptionable subject a
simple intimation that the question could not be
entertained would dispose of it definitely, with
out more words If minister be duly accred-
tied by his government and deport himself with
decency, that is sufficient 1t is utterly farcical
to suppose that ministry have so little to think
about as to heed the ribaldry of writer's, or to
institute an inquisiton into the antecedents Of
their diplomatic guests. If it were otherwise.
the reception of minister by any power would
be almost radically impossible. 1t is case,
without precedent. that nations should scruple
to receive distinguished envoy, representing
a friendly State, for no better reason than that
his opinions and department at home should
not have comported with their own caprices.
But it is contended that, under the interna-
tonal code, Spain, in common with all other
governments, is empowered to reject an envoy
without the assignment of any reason for it. This
right is assumed to be an established and recog-
Missed usage, and one which has been enforced
time and again by civilized nations. Our own
example is cited by way of precedent; and thus
Spain is not only justified by the law but by
the practice, if she should think proper to put
in force against us this extraordinary prerO-
gative. Not satisfied with demonstrating this
point. both by argument and usage, much stress
is given to the law itself. Wheaton. a distn-
gushed American jurist, is appealed to, and
the doctrines as laid down by him are declared
to be decisive. Having made out a clear case
to their own satisfaction, they go on to con-
slider how far it is incumbent upon Spain to
give Mr.. Soule fiat rejection, and send him
home. Upon this point the Oracles are divided.
A word of argument on this whole propo-
sition:
In the first place. these papers know as little
of international law as of the opinions aud
speeches of Mr.. Soule. There is no probability
that they have perused solitary paragraph
of either. 1t is not true that nations have
the right to reject ministers plenipoten-
tiary without the rendition Of a reason.
Acts so arbitrary are unknown in diplo-
matte history International law authorizes
nothing Of the sort. Neither the United States
nor any other power has ever pretended to
such stretch of authority. Nor do the cases
quoted from this practice of the United States
lend the slightest support to such view Of the
subject. In those cases the question decided
was not question Of reception. Both minis
tiers had been fully received, and had resided
for length Of time near this government They
were simply dismissed and for the excellent rea-
son that they were deficient in good breeding
As to the language Of Wheaton, the opinions,
assertions and arguments of The Spanish press
are just as groundess as upon all the other
points Of their case. So far from sustaining
them, however he gives them as firm and fiat
negation as could well be embodied either in the
English or Castilan tongues. His words are
these: $50, also, one court may absolutely re-
fuse particular individual as minister from
another court, alleging the motives on which
such refusal is grounded" Nor does he stand
alone in this position. Merlin, Martens, Bynk
ershak; in fact, all the leading authorities, are
positive upon the same side. Nor is any autho
rity to the contrary anywhere to be found
higher or heavier than Spanish gazette.
Contemplating the question, then. upon the
plain ground where it is thus leftsit is manifest
that this whole agitation is altogether unofficial
and absurd. As to the remarkable change Of
policy on the part Of the States toward Spain"
which is assumed to exist by the Spanish press,
there is room for very little doubt that those
most sapient periodicals take counsel rather of
their fears than of their wits. Had one of them
sought for an expression of the real policy of
this government, in proper spirit and in
proper place that policy might have been in
contestibly ascertained, with very slight ex-
pendture Of trouble. The inaugural address
of the President contains the following words
Indeed, it is not to be disguised that attitude
as nation and our position on the globe, render the
acquisition OF certain possessions, not within u
risdicton emnently important for protection, if
not in the future essential for the preservation Of the
rights OF commerce and the peace OF the world.
Should they be obtained, it will be through no grasp
ing spirit, but with view to obvious national nte-
rest and security and in entirely consistent
with the strctest observance OF national faith. We
have nothing in our history position to invite az
gresson--we have everything to beckon Us to the
cultivation OF relations of peace and amity with all
nations. Purposes, therefore, at once just and pa
Cic, will be significantly marked in the conduct of
our foreign affairs. | intend that my administration
shall leave no blot upon fair record, and trust
may safely give the assurance that no act within the
legitimate scope of my constitutional control will be
tolerated, the part of any portion OF citizens,
which cannot challenge a ready justification before
the tribunal Of the civilized world.
To add another line to the overwhelming re-
ply afforded by this passage to the complaints in
question. would be more than supererogation /;
and it may be safely asserted that this govern
ment did not appoint Mr.. Soule for nything
like illibustero procliyities. but because he was
gentleman, scholar and statesman.
The probability is. that the real objections to
the opinions of Mr.. Soule are not to anything
he has advanced which could have given honest
mn bra 0a to tho cCurt nf Sr,rIn nr which cauId