at a foreign court. Of these there are now several orders. § 548. The highest order is one which properly represents the government, or sovereignty, and is entitled to act for it upon all occasions. A person of this rank is called an Ambassador.1 § 549. The next rank is that of Envoy. This term signifies one who is sent, and means a minister sent for a particular purpose, as to adjust a special commercial treaty, or arrange disputed boundaries. There are envoys ordinary and extraordinary: of the same rank also are ministers plenipotentiary, who are sent with powers to make a particular treaty; thus, Messrs. Adams, Clay, &c. were Ministers Plenipotentiary to form the Treaty of Peace at Ghent. § 550. The third order is that of Ministers Resident, or Charge d'Affaires, which means one who is charged with the ordinary affairs of the nation at a foreign court. § 551. These are all the orders of public ministers, as commonly understood, resident at foreign courts. There are, however, several other classes of public officers, through whom intercourse is held with foreign nations. § 552. To each foreign embassy is attached a Secretary of Legation: this officer performs the duties of a secretary, or clerk to the mission, and is frequently left in charge of affairs when a minister is recalled. § 553. Consuls are commercial agents, appointed to reside in the sea-ports of foreign countries, with a commission to watch over the commercial rights and privileges of the nation deputing them.2 Their duties are limited and defined in treaties of commerce, and by the statute regulations of the country they represent. No nation is bound to receive a con 1 Vattel's Laws of Nations, chap. VI. sect. 71, 72. 21 Kent's Comm. 40. sul, unless it has agreed to do so, by treaty, and its refusal to do so, is no violation of peace and amity.' They are now, however, almost universal among civilized nations, and exercise a very important part,both as agents for commercial interests, and in watching over national affairs. § 554. The laws of the United States prescribe the following duties to American Consuls. 1. It is made their duty to act as administrators upon the estate of such American citizens as shall die abroad, without leaving a legal representative, partner, or trustee, and at the end of one year account to the Treasury of the United States for his effects, &c. &c. § 555. 2. When vessels are stranded, it is their duty to take all proper measures to save the same, and when no master, owner, or consignee is present, to take care of the goods and effects, and deliver the proceeds to the owners. § 556. 3. It is their duty to receive from vessels sailing from the ports of the United States their Regis ters, Sea Letters, Passports, &c., and when said vessel produces her clearance, to return them to the master. § 557. 4. Whenever a ship is sold, or her crew discharged in a foreign port, to receive from the master one month's pay from each seaman, to constitute a fund for the maintenance of destitute American seamen, and to account for the same with the Treasury every six months. § 558. 5. It is the duty of Consuls to provide for the support and passage to the United States of destitute American seamen, in a reasonable manner, and at the expense of the United States. For the proper perform ance of these duties, they are obliged to give bonds with securities, and for their time and trouble are allowed certain specified fees; their delinquencies are punished by fine and imprisonment. 11 Kent's Comin. 42. Act of April, 1792. Act of Feb. 1803. § 559. These consular agencies are established in nearly all the countries and ports where the United States have any commerce. Their great object is to ascertain the legality of the trade of American vessels in foreign ports, and afford protection and relief to American seamen and citizens, who may be in foreign countries. § 560. 2. Credentials. A public minister is known by his credentials. Letters of Credence are the instruments which authorize and establish a minister in his character, with the government to whom they are addressed: they are his general Letter of Attorney. § 561. Instructions are the secret letter of directions given by a government to its minister, to inform him how he is to act, and what he is to perform. § 562. For the purpose of preserving the dignity of their respective governments, and performing their duties with safety, public ministers and their servants are by the laws of nations allowed certain privileges, viz. § 563. 1. The persons of ministers are sacred and inviolable among all nations. This privilege extends to time they first enter the country to which So also they are allowed personal safety them from the they are sent. § 564. A public minister has an entire independence from the jurisdiction and authority of the state where he resides. To these rules there is an 'exception, in case of an ambassador's converting these privileges into licentiousness. If an ambassador abuses his privileges, and commits wrong, he may be restrained; 1. By application to his master, and if he fail to recall him, by ordering him out of the country. 2. In case he take up arms, or commit open violence, he may be quelled by force. In case, he intrigue, or form a conspiracy, he 1 Vattel, book IV. chap. VI. sect. 76, 77. 2 Idem. sect. 81, 83, 92, 93. 3 Pitkin's Civ. Hist. vol. II. may be arrested, or otherwise disposed of according to the exigency of the case. 1A well known instance of that kind occurred in this country, in the case of Genet, the French minister, during the administration of General Washington. The President only requested the French government to recall Mr. Genet, which was done; no doubt harsher measures would have been justifiable. § 565. A Consul is not such a public minister as to be entitled to the privileges of that character, nor is he under the special protection of the laws of nations. § 566. The credentials of foreign ministers are received by the Secretary of State, and examined; all the business and correspondence is carried on by him: it is in writing, and placed on record. 567. Passports to visit foreign countries are made out by the Secretary of State. Passport properly signifies a safe conduct in war. In such case, the government or authority granting them is bound to make good any damage the bearer of them might suffer. In peace, it is little more than a certificate of citizenship, and entitles the bearer to safety and civility among foreign nations, so far as respects the public authorities, when the laws are not violated. § 568. 2. Preservation and publication of the Laws. The originals of all treaties, laws, resolutions, and diplomatic documents are deposited in the office of the Secretary of State. The laws, resolutions, and orders of each Congress are printed, by direction of the Secretary of State, and distributed among heads of departments, members of Congress, public libraries, and the several states of the Union. It is made the duty of the Secretary to procure copies of the statutes of the several states, and preserve them. § 569. The laws, resolutions, and orders of Congress are annually printed, under the direction of the Secre1 Vattel, book IV. chap. VII. 2 Kent's Comm. vol. I. p. 43. 1 ་ tary, in three newspapers, in each state and territory of the United States. These papers are selected by him, and receive a fixed compensation for the publication. § 570. 'In addition to the publication of the laws here mentioned, the Secretary is charged with the formation and publication of a biennial catalogue, for the use of Congress and the public likewise, of all the officers, civil and military, of the United States, with their compensation, the state where born, and where employed; and also the names, force, and condition of all the vessels belonging to the United States, when and where built. This Register informs Congress, and through them the people, the exact number and location of all the officers of the United States, and the amount required for their support. § 571. 3. Authenticity of Commissions. It is necessary that all commissions of public officers should be rendered authentic by certain signs and signatures. For this purpose, it is provided that all commissions shall be signed by the President, who is the appointing power, and sealed with the seal of the United States. This seal is kept in the Department of State, and affixed to all civil commissions, which have been signed by the President. There is also in the Department of State a Seal of Office, used by the Secretary to authenticate copies of records and papers, which copies are received as evidence equally with the originals. § 572. 4. Patent Laws and Copyrights;-The Patent office is under the control of the Secretary of State. The provision of the Constitution, under which patents are obtained, has already been discussed. § 573. The laws for obtaining patents require, 1. That those who obtain patents should be either citizens or aliens, having resided in the country two years. 2. That it be obtained by petition to the Secretary, in a form 1 Resolution of April, 1816. Acts of February 21st, 1793, and April 17th, 1800. |