H. OF R.] Minister to Russia. [FEB. 3, 1831. purpose leaving the city, on the 4th instant, a few days, on TO JAMES HAMILTON, Jr. Esq. &c. than confidential. H. CLAY. tomb. Permit me to speak a word concerning Daniel P. Cook; because every man who hears me did not know him, as many of us did, who sat in this House with him. He was a man whom the gentleman from New York would probably not call a genius; but his mind was of that cast and capacity in the transaction of human affairs, to which every man would wish to commit the management of his own. His sense was that of the every day intercourse of men; and would pass, like the most precious or most useful metals, wherever such a commodity could be in request. A man, in whatever may be required of manhood; a child, in all that singleness of heart and purity of purpose which render childhood so amiable. With those who knew him well, he had so fixed himself in their hearts, that though they might wish to forget the pain of their loss, they can never cease to remember his useful public labors, and many endearing social qualities. Our relations with Cuba have long been interesting and A plain, honest, and full statement of facts was not wanted. important. Gentlemen will call to mind that we have The magnanimous gentleman from New York wished to strike a blow at the President and Secretary; he chose to frequently heard from Europe that Cuba might be trans-do it by mining; and if, in his subterranean course, he ferred from Spain to some other sovereignty. Such a the House? Every statesman must perceive at once the Why not receive and communicate this confidentially to indecorum of giving it to the House in any other manner What! place on our ordinary journal, publish in our papers, and send to Europe, that the friendship of General Vives, the Intendant General of Cuba, had induced him confidentially to communicate to the agent of our Government, concerning the disposition of Spain to sell, and of England to buy, the colonial sovereignty of that island. A confidential communication would not do. report was rife in this country in the winter of 1826-7 should dig into the grave of Daniel P. Cook, how could It was believed by friends of the last administration, that he doubt that the exigencies of the public service would a confidential agent was by Mr. Adams sent to Cuba, to justify this violation of the sanctuary of the tomb? He ascertain, if possible, the truth of this report; and that chose to follow the trail of an informer, who had so little Daniel P. Cook was that agent. He had, it was believed, been paid out of that fund which Congress has ever since the foundation of the Government annually or otherwise appropriated, and placed in the hands of the President, for the compensation of confidential services. All this may be known to the gentleman from New York now; and, had there been fraud in the transaction, we should have heard it on this occasion, called, at his mouth, by its harshest English name. The gentleman might have known the whole affair at that time. This appears from the following letter from Mr. Clay, then Secretary of State: confidence in this inquisition, that he would not "commit" even his own foul name to the gentleman's safe keeping. Mr. Cook, it was known, was in very delicate health, and was about to visit Cuba for the benefit of the climate. In the examination of the witnesses, the whole labor of the gentleman was directed to prove that the state of his health would not permit his doing any public service, and that, if he received any compensation, he must have receiv ed it for nothing. The gentleman was discomfited by the result; for it came out in evidence, that, feeble as was his health, he had performed all that was required of him. His compensation was not ascertained; but it is probable, say the committee, that he received more than one thousand dollars; and this is set down by the magnanimity of the gentleman as an act of "Executive favoritism, or flagrant abuse." Mr. DEPARTMENT OF STATE, Washington, May 1, 1828. Compare this service and expenditure with the mission, SIR: I have received your letter under date this day, stat- and minister, and appropriation, now under debate. ing that "it having been ascertained that the late Daniel Cook was in delicate health; but that served to place him P. Cook, late a representative in Congress from the State above suspicion of any sinister purpose in visiting Cuba. of Illinois, received a sum of money from the Government, His acquaintance with General Vives, while in this counduring the spring or summer of the last year, for certain try, the known integrity and obvious simplicity of his chaservices supposed to have been either foreign or diplo-racter, the amenity of his manners, and even his delicate matic, you are instructed by the Committee on Retrenchment to request me to inform you where they are to look for the auditing of the sum said to have been received by Mr. Cook, and, if not audited in the usual course, what was its amount." health, all combined, must have placed him at once in relations of entire confidence and frank intercourse with the Intendant, and enabled him to obtain speedily from that Governor all which it was proper for him to communicate, or for our Executive to know. Let the gentleman Without admitting or denying the correctness of the taunt us for a want of magnanimity. Let the nation judge information which the committee are stated to have re-between us. ceived, I have the honor to observe that I am not aware The next case in this record, to which I ask your attenof the disbursement of any money through the agency of tion, is that of John H. Pleasants. The House will have this department, the account of which has not been, or, in a full knowledge of this case from two letters, the first a regular course of settlement, is not to be, audited in the from Mr. Pleasants to Mr. Clay, the second from Mr. Clay usual way at the treasury, or passed upon a certificate of to the Committee on Retrenchment. Mr. Pleasants to Mr. Clay. LIVERPOOL, July 7, 1825. the President, in conformity with the provisions of the 3d section of the act of the 1st of May, 1810, entitled "An act fixing the compensation of public ministers and consuls residing on the coast of Barbary, and for other pur poses." I cannot presume that it was the intention of the MY DEAR SIR: If you are surprised at the date of my committee to inquire into any disbursement which may letter, I am scarcely less surprised at the circumstance have been made agreeably to that section; and all others myself. To be in England at all, is what I never expectare accessible to them, in like manner with other expen-ed. To be here when I expected to have been in Buenos ditures. I have, however, the authority of the President Ayres, seems rather the effect of enchantment, than of for saying that I will make to the committec a confidential ordinary causation. It remains, sir, for me to account for communication, in relation to the expenditure to which this apparent dereliction of duty; and I cannot but hope they are supposed to allude, if they will signify their de- that a plain statement of the circumstances which changsire for such a communication. In that case, I should be cd my destination, will exculpate me from any blame in glad to learn their pleasure as soon as convenient, as I your eyes, solicitous as I am to preserve that good opi FEB. 3,1831.] Minister to Russia. [H. OF R. nion which procured for me the charge conferred by the tunity of coming home, instead of proceeding to Europe. Department of State. It was within the discretion of the department to have compensated him as the bearer of despatches from Mr. King; but it was not deemed proper to make him any allowance for that service." After many ineffectual attempts to secure an earlier passage, in which I was baffled by the diminished intercourse between the United States and the provinces of South America which lie beyond the Spanish Main, I Were these explanations satisfactory? What did the succeeded in procuring a passage in the brig William committee say then? These are their words: Tell, which sailed from New York on the 28th May for "Amidst the numerous appointments of messengers the River Plate. This vessel was not such a one as I'made by the present administration, they will select should have selected, had had my choice. Being sim- the account of J. H. Pleasants, editor of the Richmond ply a merchant ship, it was destitute of comfortable ac-‘Whig, because that case, in their estimation, presents commodation; nevertheless, becoming impatient for ac-the most flagrant example of abuse." Sir, Daniel P. Cook was pursued by the gentleman, because he was dead; John H. Pleasants was in like manner pursued, because he was alive. He tion, and foreseeing that if I neglected that opportunity, "Either his despatches were or were not of importance: I might meet with no other, I availed myself of it, and if they were of importance, like a sold er on post, no sailed, as stated, on the 28th May. I speedily had cause consideration should have induced him to have deserted to regret my precipitation in choosing such a ship. The them: if they were of no higher importance than to have cabin, not fifteen feet square, was destined to accommo-rendered it safe that they should be confided to the date, in a voyage which would occupy from sixty to ninety captain of an ordinary merchant vessel, then they should days, twenty-five passengers. When the hor have gone through this channel, and Mr. Pleasants ought rors of sea-sickness were superadded to the other painful not to have been appointed.” circumstances attending my situation, my sufferings became greater than I can describe. Deprived of every comfort, with not ten feet square for exercise, a pestilential air, and most offensive smell, pervading every part of the The case of Mr. Brooks is another on this record. ship, and even without the most common medicines, I assure was a clerk in the office of the treasury. Grown old and you, sir, that death would have been no unwelcome visiter. becoming enfeebled, his fellow-clerks, with a generosity I was seized with a high fever, and in ten days reduced, in of purpose peculiar to themselves, performed his duties my own opinion, and in that of those around me, to the in the hours of recess, or by extra labor, and permitted brink of the grave. At this time, we spoke an American this aged and destitute man to receive one-half of the ship from New York, bound to Antwerp: the captain, salary. This instance of redoubled diligence and chariwho was likewise ill, was bearing for Fayal, in the Azores, table provision for a superannuated follow-laborer, in these and, by great persuasion, was induced to take me on generous men, is set down in the gentleman's diary of board, in a miserable condition. Two days after this re-abuses, and the Executive is censured, because this aged moval, my new captain recovered his indisposition, and man, with his family, was not thrown out to perish in the resumed his course for Antwerp. Having no inclination streets. to visit Holland, I determined to avail myself of the next The case of Anthony Morris is another. He is a clerk ship that we might speak, and return to the United States, in the Register's office. Mr. Morris is an old man, is one or go to England. From the time that I boarded the of those few veterans of the revolution and old Congress vessel in which I then was, I had begun slowly to recover, now alive, who by their employment and memory connect from the superior comforts of its accommodations. On the present with the past Government. He is a literary the 20th of June, we spoke the brig Olive, from Newman, the only one, says Mr. Michael Nourse, in the office. York to this port, and the captain consenting to receive What of that? In consideration of his advanced age, inme, I arrived in Liverpool on the 1st instant, having been at sea thirty-three days. The despatches which were entrusted to my care, I forwarded to Mr. Forbes, in charge of Captain Hinman, of the William Tell, to whom he was consigned; stating the reasons of my not bearing them in person, and requesting him to forward those for Mr. Raguet at Rio. If the William Tell goes safely, the despatches will safely reach their destination. firm health, and that of his dezghter, he might be absent from the service three months in the year--one month more than the ordinary allowance to all the clerks. This case, sir, is, by the magnanimity of the gentleman, marked down among the instances of gross Executive abuse. What can the gentleman reply to these exploits of his magnanimity? I leave it to the nation to compare Rufus King with John These, sir, are the circumstances which have brought Randolph; and the mission of one to England with that of me to England, and I hope that they are such as to ex-the other to Russia. Let them also compare the recess cuse my abandonment of my charge. As I am here, I of Mr. Brown, minister to France, after years of service, have determined to devote a few weeks to the purpose of and after sending home his resignation; let them, I say, run seeing the country; after which, I shall have the pleasure of giving you, in person, a more detailed account of my voyage. the parallel betwen this recess of Mr. Brown for a few days to the South of France, or the Lake of Geneva, and the Hegira of John Randolph, after a ten days' visit from St. Petersburg to some place, no one can tell where, in England. The people will do justice in all these cases. The gentleman from New York has thrown his pondechair-weight of eulogy on the Russian minister overwhelining rosity into the scale of panegyric, thereby to render the With high respect, your obedient servant, Extract of a letter from Mr. Clay to Mr. Hamilton, --scrap iron increases the weight not the value of gold. "It was not believed that the visitation of Providence He docs admit some sort of talent in speaking, to the parwith which he was afflicted, ought to deprive him of all liamentary rivals of himself in cloquence--to Lowndes, allowance for expenses, and all compensation for services; to Clay, and to Webster. Cicero took his family name but it was not thought right that the per diem should be from a bean on some part of his faces and doubtless many continued during the whole period of his absence from a coxcomb has believed himself to be an orator, because, home, and until his return to New York, on the 22d Oc-like Cicero, he had a wart on his nose. Somebody has tober, 1825. It was therefore limited to the 224 August, said that "Man, of all the animal creation alone, is endow1825, that being the time when it was estimated he might ed with vanity." Who ever saw the cock sparrow meahave returned to the United States, if, after abandoning suring his wing in flight with the falcon? I believe there the voyage to South America, he had sought an oppor-are gentlemen in this House who could give us good rea H. OF R.] Minister to Russia. [FEB. 3, 1831. sons why the eloquence of the orator of Roanoke is so of it. In that school the great axiom is, "every thing is well recollected by the gentleman from New York. No worker on the Roanoke plantation has better reasons to remember the eloquence of the overseer. Much as that eccentric man loved his joke and his sarcasm, he loved his fame more; and he would have spared the lash on that occasion, could he have suspected it might bring him into the poor condition of enduring praise at the hands of the gentleman from New York. Such revenge for such a cause is said to be peculiar to that gentleman, and one species of one other race among us. fair in politics," and, to him, are not politics every thing? Let him go on to improve the condition of the press. Let him extinguish the light of truth wherever he can extend the finger of power. Let him do one thing more-aided by his minions, no matter where-let him persuade the people that the honest, the independent papers of this country, are vehicles of falsehood, and mere rumor; let them be, as they have been on this floor, branded as false, foul, and dirty; and let the member who quotes from their pages the history and impress of the times, be reproached as a blockhead, a blackguard, a slanderer; and what more could the Secretary of State desire, which he would not be sure to obtain? Sir, such a consummation would have saved to Charles the throne of France; and to the patriots of that country, their revolution. Has the gentleman so long been a mere adjective to the Secretary of State, that he thinks it slanderous to associate the name of that politician with any other accident? Children, in these scientific times, who have advanced somewhat into the mysteries of chemistry, do, after beating up soap and water together in a basin, I did quote for the secret article, in the Turkish treaty, amuse themselves with a clean pipe in blowing up bubbles, from the newspaper: dares the gentleman question the and sending them off from the bowl inflated and glitter-truth of the quotation? Had I drawn a bow with a more ing, to sail away a moment, and then burst and vanish into advised aim, could the pigeon on the pole have fluttered their original nothingness. For aught I know, the Secre- more manifestly? The gentleman has, notwithstanding all tary may be amusing himself by the same innocent experi- these assertions, accused me of drawing my facts from a ment. Who would interrupt the sentimental harmony of perjured Senator. Has it come to this? Was it found political friendship! For all which he is distinguished, necessary not to commit our first treaty with the great the character of the Secretary is fixed; it cannot be elevat-disciple of Mahomet to the christian Senators of the United ed by any labors of the protege-it cannot be lowered by States, until their lips were sealed by the solemnities of the efforts of others. God forbid that I should throw a straw an oath? It is a new formula in the executive department in the way of any man's advancement. Their friends are of the Senate, and will appear, by the published journals daily carrying and laying at the gate of the treasury those of that body, to have had no place in their proceeding who have every thing to recommend them except the until the present session. When treaty in 1795 was piety and good works of the beggar in the parable; and published by a Senator against an injunction of that body, who, all alike, desire to be fed from the crumbs which fall who accused him of perjury? The gentleman whose misfrom the tables of those feasting within. "Hope deferred," sion is now under consideration, did, on this floor, prowe find, does "not make every heart sick." Gentlemen, doubtless, have assurances that cach political Lazarus shall be served in his turn. The next basket of broken meat brought out may be sent to New York, and amply satisfy the appetite, sharpened by a two years' want of it. nounce a studied eulogium on Stephens Thompson Mason, the Senator who published that treaty. Would he eulogize perjury? Sir, the secret article was published before the treaty was announced to the House, or sent to the Senate. The correspondence on the West India question was published in the same manner. Has the Secretary of State adopted this method, and put out his feelers to take the national pulse? The gentleman accuses me of a departure from the question, to bring into the debate our late treaty with the Sublime Porte. Sir, every thing rendering our Russian relations important, comes into any question concerning I do not ask what warranted, but who authorized, or Do not our new relations with the great European instructed, or encouraged the gentleman to connect perrival of Russia demonstrate more strongly our need of jury with that venerated word which designates the an efficient mission at the court of St. Petersburg? The members of a national council, the most dignified and Secretary has told us in the message, that the Black Sea honorable on earth? them. has been opened to us by our treaty with the Sublime How could I shun insult, when such men are reviled? Porte. The gentleman does know full well that the I do not ask by what statesman, or gentleman, but by swords of our brave Russian friends not only hewed their what apology for a man? In what other assembly on earth way through the Balkan down to the plains of Adriano- has "the hoary head" been used as a term of reproach? ple, but that, by the treaty of that city, they, for all pur- Has the gentleman passed so far beyond the vigor, and poses of navigation, widened the Bosphorus to a breadth bloom, and modesty, of juvenescence, that he has forgotequal to the Hellespont, and thereby united the Euxine ten the amiable instinct of our nature, which warns our with the Egean, Levant, whole Mediterranean, the At-youth to pay in advance that consideration to age which lantic, and all other seas and oceans. What may our Rus- it may come to desire for itself? Though grey hairs have sian imperial friend say to us for receiving from the Turk been held in respect by barbarians in all countries, and by as a boon, to say nothing of our promise in return, what even the most profligate and unmannered in all ages, yet, his valor, blood, and treasure had conquered for us and knowing him, (ab ovo ad plumas,) I am not disappointed all nations? Omitting, therefore, the secret article, does in the language or demeanor of the gentleman from New not the opening the Euxine, either by the Russian power, York. Men, better than I am, have been reviled in their or by the Turkish treaty, mightily enhance the import-age, by men no better than he is. Washington was called ance of this question, and call imperatively on the Execu- a "hoary headed incendiary," by a vagabond of almost tive for an efficient mission at the court of St. Petersburg unparalleled mendacity and impudence. The "bald head" If the gentleman cannot perceive this, he is less a states- is, I assure the gentleman, no joke, though he seems to man than he would seem to be; and even much less such, be original in using it as such. This inconvenience, or, if that were possible, than others have esteemed him. if you please, imperfection, has been suffered by some But I drew my facts from unprincipled partisans, and very great men, but quite rarely, if ever, has it been exnewspaper rumor! I said so before; I drew part of the perienced by any very little ones. Cesar is said to have truth from the Secretary-the treaty: the other part, the been more grateful to the Roman people for granting him secret article, from the newspaper. the right to wear the laurel crown, than for any other of their gifts, because the wearing it enabled him to conceal the exterior baldness of his head. If it be true, as Shakspeare tells us it is, that what nature has scanted men in Sir, it has been the labor of the Secretary's life to establish newspapers, entitled to no credit; and to discredit all others. He has founded a school, and is at the head FEB. 3, 1831.] Minister to Russia. [H. of R. wit, she has made up to them in hair, then the gentleman, In like manner, if the Executive create missions, and apI believe, should he win a laurel crown, would never, like point ministers to go into the territories of other nations, Cæsar, have occasion to wear it, for any lack of that com-there to hear and decide controversies arising among modity. Who reviled the prophet, returning from the American citizens, or to try and punish crimes mutually blazing translation of his master, with a countenance bright committed by such citizens against each other, could we with the glories of opening heaven, and wrapt in the be called upon, under our law or constitution, for appromantle of Elijah--who, sir, reviled the prophet for his priations to pay their outfits and salaries? Why not? Be"bald head?" Profligate young men, boys, children, as cause the laws of nations have established no such consulate, they are called; the scum and sweepings of the city, and, no such mission, no such minister; and no nation can create as we find by the historian, fit only for food for those a new embassy, or one unknown to the laws of nations. animals which are fed on offal. A sovereignty may send abroad ambassadors, envoys, or The gentleman is equally out in his ornithology, as in resident ministers. It may also send envoys extraordinaevery thing else. The bird of Jove, not the vulture, is ry and ministers plenipotentiary; a grade of diplomatic that soaring wonder, by men called the "bald eagle;" functionaries comprehending the especial officers of the and, sir, never was that "soaring eagle, in his pride of envoy and the resident minister. These ministers, howplace, hawked at, and brought down by the mousing owl." ever, must be sent for some specific purpose, which must Sir, my remarks have been excursive, but I have tra- be in its nature public and national, and they must be advelled over no ground where some one of the gentlemen dressed, and carry credentials of their appointment and had not placed himself before me. If these gentlemen character, to some designated sovereign. Sovereigns can are out of the field, and I do not see them in force on any accredit and receive resident ministers; but will it be prepoint of the argument, I will return to the questions made tended that they can accredit and receive non-resident by us under our motion. ministers, such as, when so accredited and received by [At this period of his speech, Mr. BURGES gave way to the Government of one nation, are thereby authorized and a motion for adjournment. On the Monday following, empowered to reside as ministers to that nation in the terwhen the subject was resumed by the House, Mr. B. con-ritories of any other! The act of accrediting and receiv tinued as follows:] ing public ministers is one of the highest acts of sove I ask the House to inquire, whether the salary to be reignty. Under the confederation, it was done in Congress provided, under our law, by this appropriation, can be assembled. By the constitution, this august attribute of due for an illegal and void mission? Ambassadors and sovereignty is conferred on the President. In all the Goother public ministers, though they may be appointed by vernments of the old world, this act of sovereignty is, I beany sovereign community, yet, being officers sustained and lieve, in like manner, performed by the Chief Magistrate sent abroad by the laws of nations only, must be appoint-of the nation. Although the whole sovereignty of a naed and commissioned in conformity to those laws. The tion be, in accrediting and receiving a public minister, put power of every nation is confined to its own territory; in requisition by the potentate who performs this great and, therefore, no officer of one nation can, as such, pass State ceremonial, yet the legal effects of this act of soveinto the territory of any other, and there exercise any reignty must be limited by whatsoever limits all the acts official functions whatever. Nations being moral persons, of each and every sovereignty. The legislative, judicial, like individuals, have established certain laws for their and executive powers of every nation are limited by the own mutual intercourse. Under these laws the offices of territory of such nation; and, therefore, every exercise of heralds, legates, ambassadors, envoys, and other public any of those powers must, in their operations, be confined ministers, have been created, and by them are the powers, to the territory of the nation exercising them. The aurights, and immunities of all such officers governed. Our gust act of sovereignty, therefore, by which a public minExecutive can, therefore, create public ministers, but it ister is accredited and received by the Executive potenmust be seen that the foundation of their power to do so tate of any nation, like the laws and judicial decisions of is laid down in the laws of nations. (Vat. book iv, ch. 5, that nation, can have no efficiency, no legal existence, § 56-7.) otherwise than as a mere matter of fact, beyond the terri“Every sovereign State, then, has a right to send and torial limits of that nation. Whenever, therefore, any receive public ministers; they are the necessary instru-sovereignty docs accredit and receive a resident minister, ments in affairs which sovereigns have among themselves, such minister receives thereby no powers which are not, and to that correspondence which they have a right of like the powers of that sovereignty itself, limited, and concarrying on. In the first chapter of this work may be seen fined to the national territory. For the Executive power what we mean by sovereign and independent States which of one nation to accredit and receive a minister as a resiconstitute the great society of nations. These are the dent minister at its own court, and in its own territory, powers which belong to the right of embassy, and an un-and, at the same time, to authorize and empower such equal alliance or treaty of protection does not take away minister, thereby, to reside at any other court, or in any this right." other country, would be nothing short of direct usurpation in the Executive doing it: for, to accredit and receive a public minister, is one of the highest exercises of sove. reignty, and, therefore, whenever the Executive of one nation does accredit and receive a minister, to reside in the territory of another nation, such Executive does exercise one of the highest acts of sovereignty over that nation. This would be usurpation. Our law providing salaries for public ministers and consuls, and the constitution, by vesting the power of appointing them in the President and Senate, has neither created nor recognised any new 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 Before gentlemen contend that this power of accreestablished by the great code of laws governing the inter-diting and receiving non-resident ministers belongs to sovecourse of all civilized nations. Our Executive can, there- reignties, they must show some warrant for it from the fore, neither give powers to consuls or public ministers, laws of nations. Do they contend that the right of emnor send them abroad for purposes unknown to those laws. bassy is derived from the law of nature, and not from the Should the President and Senate appoint, and send into convention and agreement of nations; and that, therefore, foreign countries, consuls, as France once did, with admi-one sovereign might, by the laws of nature, receive amralty powers on questions of capture under the laws of bassadors from another, and, by endorsing their credenwar, would these be consuls under our constitution, un- tials, authorize them to pass into the territories of any less they were such under the laws and usages of nations? other nations? It is admitted that heralds, envoys, and II. of R.] Minister to Russia. [FEB. 3, 1831. ambassadors were sent, and received, and respected, be- them. Not to send them, therefore, has been sometimes tween armies and armies, nations and nations, by virtue regarded as an affront." of the law of nature, I presume; for this was certainly done The right to send, and the power to accredit and receive both in Asia and Europe, before any such code as the law resident ministers at any court, being natter of convention of nations existed in the world. These ministers derived and agreement among nations, it will be found that all the their powers, and protection, from the necessity of the causes which have conspired to produce that agreement, case, and were compelled to go right forward on the er- do unite in excluding the very idea of accrediting and rerand for which they were sent; and, when that was finish-ceiving non-resident ministers. Nay, sir, so unwilling ed, to return in the most direct route. These principles, have nations been to enter into any agreement that one as the historian of Cortes tells us, were found by the Span- sovereignty shall have power to accredit and receive miiards to exist in Mexico. For the envoys, sent by him to nisters to reside in the territory of any other, that they have Montezuma, were protected while they kept directly on not yet agreed to protect ambassadors, while passing their journey, and in the highway; but, if they left that through their territories, in going to, or returning from, path, they forfeited all protection. Even these necessary the place of their mission. Ward, and the authorities messengers of war or peace, of congratulation or alli- quoted by him, notwithstanding Vattel is of a different ance, between sovereignties, could receive no powers, opinion, do establish this doctrine. either from those who sent them, or from those to whom they were sent, to sojourn 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 intercourse 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 community to permit the citizens of any other community to come and reside in their territory, unless they become subjected to their laws and jurisdiction. Accordingly, we find such ministers were unknown in Europe until the sixteenth century. Ward, in that part of his history and foundation of the law of nations which relates to the sixteenth and seventeenth centuries, says: "I cannot quit this interesting and remarkable subject, without observing that the privileges in question have been carried by some to an extent even greater than that which we have been examining. In the treatise of Vattel, we find the following positions: that, although the sovereign to whom an ambassador is addressed, is particularly called upon to protect him in his privileges, yet that the same duty extends to other sovereigns to whom he is not addressed, but through whose country he is obliged to pass for the purposes of his mission. To insult him, says Vattel, is to affront his master and his whole nation; to arrest him, or to offer violence to his person, is to wound the rights of embassies which belong to every sovereign. "This doctrine arises out of some considerations upon the case of Rincon and Fregoze, ambassadors of Francis I of France, the one to the Porte, the other to Venice. "Within this period, among the States of Europe, be. These ministers, passing down the Po in their passage, and gan that remarkable and characteristic custom, of enter- being suspected of bearing despatches prejudicial to the taining ordinary or resident embassies at one another's interests of the Emperor Charles V, were set upon and courts: an institution peculiar to themselves, and particu-murdered, apparently by the orders of the Governor of larly evincive of those many distinctions which there are Milan. But the Emperor, although at that time at peace between their law of nations, and that of other sets of peo- with Francis, appears not to have been inclined to punish ple." the authors of the murder. Upon this transaction Vattel "Ambassadors in ordinary have been attributed by observes, that it was an atrocious attempt against the law some to Ferdinand the Catholic, whose policy led him to of nations; that Francis had not only a very just cause for entertain them at various courts, as a kind of honorable war against the Emperor, but also to demand the assistspies: by others, with no small probability, to an imitation tance of all other nations in its support. For it was an of the Pope, who had long been in the habit of sending affair, not of two individuals, who each of them supposed nuncios to reside at various courts in the service of reli- they had right on their side, but of ali States whatsoever, gion. But, whatever was their origin, the jurists seem who were interested in maintaining the rights of embassy. to agree that they are not of natural right; and, however "It, perhaps, does not fall exactly within the scope of universal they may since have grown, doubts, about the this treatise, to examine whether this opinion is really law, period before us, were apparently entertained of their as it is received at present. But we may venture to obutility. Henry IV of France, while King of Navarre, en-serve that, in this position, Vattel stands sole; at least, all tertained none at other courts; and Henry VII, that wise the authors on the law of nations, who have preceded him, and politique King,' says Lord Coke, would not in all his after discussing the point at length, have come to a contime suffer Leiger, [residence of] ambassadors of any fo-clusion directly the reverse of his; and that which they reign king, or prince, within his realm, nor he with them; have concluded is supported by a great variety of cases, but upon occasion used ambassadors.' So late as 1650, a both of an ancient and a recent date. Thus Albericus member of the Polish Diet asserted that the ambassador Gentilis, upon this very case of Rincon and Fregoze, obof France had no cause of residence there, and that, as he serves merely, Probrosum id Carolo fuisset.' Sed alia quesdid not return home, according to the custom of ambassa- tio est, adds Bynkershoek, de jure legutionis, alia de jure dors, he ought to be considered as a spy. Two years afhonestatis. Grotius, who followed Gentilis, after having terwards, the deputies proposed very warmly to send given his opinions at length upon the inviolability of amhome all ambassadors whatsoever, and to make a law re-bassadors, says expressly that it is only to be understood gulating the time of their stay; and even the Dutch, who, to be binding on those sovereigns to whom they are sent, one would imagine, had greater reason than the Polish Non pertinet ergo hæc lex ad eos per quorum fines, non ac nobles for encouraging an intercourse with foreigners, cepta venia, transeunt legati.' It is true, the non accepta debated, in 1651, how far this sort of embassy was of any venia may be made by some to amount to an inviolability, advantage to them. The greater part of nations, how-provided they have passports. But it may be fairly ques ever, have now admitted their necessity; and though, at the tioned whether the possession of a passport itself can concommencement of the period before us, men had affixed fer any thing more than the common protection to which no precise ideas to what was considered as a novelty, and common aliens have a right. Bynkershoek, at least, witheven now the admission of these embassies cannot be de-out taking notice of passports at all, understands Grotius manded as a matter of law, yet the custom is so general, to mean, generally, that the privilege in question shall not and they are considered as so much of course, that the have place in countries to which ambassadors are not adfriendship of States can hardly be maintained without dressed. Of this opinion, also, were Zouch, Wicquefort, |