or the minister for foreign affairs, during the term of his mission, should be regarded as new instructions, or the developement of the old ones.

The instructions are designed for the minister only, and consequently are not to be communicated, without an order from his court, or, unless from some particular motives, he believes himself authorised to communicate some points of them. It often happens also, that two sets of instructions are made out: one arranged for exhibition, in case of need, the other secret and for the sole use of the minister.

It results from the very nature of the instructions, that they ought to be of infinite diversity, according to the end and object of each mission. It would, therefore, be impossible to enumerate all the points which should enter into their composition. Martens' Manual.

36. Send an able man, and let him act as he shall think fit. Wicquefort. 37. The instructions are a secret instrument, which the Ambassador is not obliged to communicate to the court where he negociates; nay, I dare affirm, that he ought not to produce it, without a necessity, and an express order. In the year 1560, Queen Elizabeth, sent into Scotland, Robert Bowes, with orders to make pressing instances to have the Duke of Lenox removed from the king's person, who was at that time very young. Those of the Council of Scotland said, that it was so severe and unjust a thing, that not being able to believe the Queen had given him any such orders, they desired to see them. Bowes said he would not shew them, and that all he could do, was to let the king, and two or three of his confidants, see them. The Scotch were not satisfied therewith. But the queen was so displeased at their procedure, that she recalled her ambassador, and refused to give audience to him they sent to justify their actions.

In the year 1643, Walter Strickland, minister from the parliament of London, presented a memorial to the states general, wherein he spoke of the prince of Orange with little respect. He was urged to shew his orders; but it was a kind of violence which could not well be justified. They that did it, either did not reflect on what they did, or else they were very willing to offend his master. We have seen within some years a minister, who having been sent by a powerful state to one of the first princes of Germany, began his negotiations, by laying his instructions on the table. But all that can be said of it is, that it was the action of a fool, in the utmost extent of the signification of that epithet. It is an unheard of thing, that a minister has been compelled to shew his orders, and they who force him to do it, offer violence to the law of nations.

The ambassador after he has presented his letters of credence, and had them approved, ought to enjoy the effect thereof, purely, and simply; and has no farther occasion to fortify, or authorise, his negotiation by producing

other instruments, unless he be invited, or that he himself desires to make a particular treaty, for which he must necessarily have a special power. ib. 38. The instructions given to the minister contain the master's secret mandate: the orders to which the minister must carefully conform, and which limit his powers. Vattel.

39. Personal Instructions to the Diplomatic Agents of the United States, in Foreign Countries:

The following Regulations and Instructions have been adopted by the Department of State, and are prescribed for the government of the Diplomatic Agents of the United States in Foreign Countries

40. Presentation. On receiving his instructions from the Department of State, the Diplomatic Agent will proceed, with as little delay as possible, unless otherwise expressly directed, and by such route and conveyance, as his own convenience, if not incompatable with the public interest, may suggest, to the seat of the Government to which he is accredited, where he will establish his residence, and where he will be put in possession of the archives, papers, seals and books of the Legation, if a mission of the United States, shall have previously existed there. On his arrival he will inform the Minister of Foreign Affairs, or other official diplomatic organ of the Government, of that fact, and request to be informed of the time, manner and place, at which he may be admitted to present his Letter of Credence. If the Diplomatic Agent be of the rank of Minister Plenipotentiary, and bearer of a Letter of Credence addressed to the Chief of the Government, he will, on asking an audience for the purpose of delivering the original to him, in person, communicate to the Minister of Foreign Affairs the office copy of such Letter, with which he shall have been furnished for that purpose by this Department. In performing all the ceremonies connected with his official reception, he will conform to the established usage of the Country in which he is to reside, and with the rules prescribed for agents of his rank.

41. Uniform. From a proper degree of respect to what is understood to be the usage adopted by some Governments, requiring the members of the Diplomatic Body accredited near them, to wear a court dress upon certain occasions, such as their presentation to the Sovereign or chief executive officers. The President has thought proper to adopt the following, as the dress to be used by the Diplomatic Agents of the United States, upon all such occasions, being recommended as well by its comparative cheapness as by its adaptation to the simplicity of our institutions: viz:-A black coat, with a gold star on each side of the collar near its termination; the under clothes to be black or white, at the option of the wearer; a three-cornered chapeau de bras, with a black cockade and gold eagle; and a steel-mounted sword with a white scabbard. It is to be understood, however, that the use of this particu

lar dress is not prescribed by The President. It is barely suggested, by his direction, as an appropriate and convenient uniform dress for the use of the Diplomatic Agents of the United States residing near Foreign Governments.

42. Compensation. The compensation allowed to Ministers and other Diplomatic Agents of the United States, is fixed by law, and is intended to cover all personal and other expenses. Under this denomination are not included, however, those incurred in the purchase of, or subscription to, gazettes and pamphlets, transmitted to this Department; of postage, stationary, necessary and customary presents to the menial attendants of Public Functionaries at the presentation of the Diplomatic Agent, and on other established occasions (usually the Christmas and New Year's days) but will form, under the head of Contingencies of the Legation, a separate charge in his accounts. For his compensation, actually due, and the contingent expenses of the Legation, actually incurred, the Diplomatic Agent is authorised, by special instructions, to draw either upon the Department of State, or upon the Bankers of the United States designated in said instructions; but in availing himself of this authorisation, he is to be careful not to exceed, in the amount drawn, the sum to which he may be entitled, in account with the United States, at the dates of his drafts.

43. Accounts. No contingent expenses are to be incurred without necessity, unless in compliance with the established usages; and no charge of any other description will be admitted, not warranted by express directions from this Department. Exact vouchers, in all cases of expenditures, will be necessary for the settlement at the Treasury of the accounts of the Mission; and as some of the incidental charges, coming under this denomination, are of a nature scarcely admitting of any other sort of voucher for every item, a separate account should be kept and certified, either by the Secretary of Legation, or by the Chargé d'Affaires, himself. These particulars are thus minutely stated in order to remove all doubts and uncertainty on the subject of public accounts, which it is to be remembered, are to be regularly transmitted, by duplicates, for adjustment at the Treasury, at the close of every quarter, ending with March, June, September and December. The foregoing directions, and particularly that of forbearing to draw for any public money in advance, and that requiring the regular quarterly transmission of the accounts of the Legation for settlement, are rendered the more indispensable for the due observance of the act of Congress "concerning the disbursement of public money," approved the 31st of January, 1823, (see acts of the 2d Session 17th Congress. 7th vol. p. 115.)

44. Archives and Books of the Legation. All the printed books delivered at the Department of State to Diplomatic Agents, found by them at the Legation, or procured for its use at the public expense, are the property of the United States, and being intended for the special use of their several Legations, are to remain permanently with their archives, and to be trans

mitted by each agent to his successor in office, or to such person as may be designated by the Department of State to take charge of them at the termination of the Mission. All the records kept in the office of the Legation, and all the original documents received and filed there, in the course of business, are likewise public property, and constitute the archives of the Mission. Particular care is therefore to be observed, that the papers of every description, being of an official character and connected with public business, be kept well arranged, so that easy reference may be had to them, in all future time: and that a record of the official despatches, letters and notes written at the Legation, be carefully and punctually made and preserved, as part of its archives.

45. Cypher. On taking charge of the Legation, the Diplomatic Agent will either find amongst its papers, or be furnished by the Department of State, with a Cypher to be used by him in his correspondence with his Government, or with other Agents of the United States in Foreign Countries, on occasions when the confidential or secret nature of the information to be communicated, shall render it proper.

46. Commercial Regulations. By resolutions of the Senate of the Sd, of March, 1817, and the House of Representatives of the 21st January, 1823, The President was requested to cause to be collected, digested printed, and laid before those Houses, respectively, so much of the treaties, lawsa nd regulations of the different Foreign Countries with which the United States have commercial intercourse, as relates to import, export, tonnage, light-money, pilotage and port-duties; to bounties and drawbacks; to colonial trade and navigation; to the national character of mariners; and to the ship's papers and navigation of such foreign countries, respectively specifying the comparative footing of the national and foreign ships employed in any branch of such commercial intercourse. In compliance with these Resolutions, digests were prepared at this Department, and laid before Congress in 1819 and 1824, of which copies will be found among the books of all the missions of the United States abroad. Since their publication, the laws and regulations from which they were compiled, have undergone and are daily undergoing alterations and modifications consequent upon the various changes in the commercial policy of nations. As it is interesting that this Department should be kept acquainted with the subject, in all its details, it is made the duty of the Diplomatic Agents of the United States to communicate, from time to time, to their Government, such alterations and modifications as may take place in the commercial legislation of the countries in which they respectively reside, following, as their guide in the inquiries and investigation necessary for that object, the parts already digested in the publications referred to.

47. Information to be transmitted to the Department. Amongst the most important general duties of a minister or other Diplomatic Agent of the

United States in foreign countries, is that of transmitting to his own Government accurate information of the policy and views of that to which he is accredited, and of the character and vicissitudes of its important relations with other Powers. To acquire this information, and particularly to discriminate between that which is authentic, and that which is spurious, requires steady and impartial observation, a free, though cautious correspondence with the other Agents of the United States abroad, and friendly social relations with the members of the Diplomatic Body at the same place.

In their correspondence with the Department of State, besides the current, general and particular politics of the country where they are to reside, the Diplomatic Agents of the United States will be mindful, as they may find it convenient, to transmit information of every kind, relating to the Government, finances, commerce, arts, sciences and condition of the nation, not already known, and which may be made useful to the United States. Books of travels containing statistical or other information of political importance, historical works not before in circulation, authentic maps published by authority of the State, or distinguished by extraordinary reputation, and publications of new and useful discoveries, will always be acceptable acquisitions to this Department. The expense of procuring and transmitting all such books, maps, and pamphlets, are to form a separate charge to the Department; but none of any considerable amount is to be incurred in any one account, without a previous express direction for it from this office.

48. Signing of Treaties, &c. It is the practice European Governments,in the drawing up of their treaties with each other, to vary the order of naming the parties and that of the signatures of the Plenipotentiaries, in the counterparts of the same treaty, so that each party is first named, and its plenipotentiary signs first, in the copy possessed and published by itself. And, in treaties drawn up between parties using different languages, and executed in both, each party is first named, and its Plenipotentiary signs, first, in the copy executed in its own language. This practice having, on several occasions, been accidentally or inadvertently omitted to be observed by the United States, the omission was followed by indications of a disposion in the negotiators of certain royal European Governments to question its applicability to treaties between them and the United States. It became, therefore, proper to insist upon it, as was accordingly done with effect. As it is understood to involve a principle, it is to be considered as a standing instruction to the Diplomatic Agents of the United States to adhere to this practice, called "alternate," in all cases where they shall have occasion to sign, in their public capacity, any Treaty, Convention, or other document, with the Plenipotentiaries of other powers.

49. Consuls. In the practice of the Government of the United States, there is no immediate connexion or dependence between persons holding diplomatic