sion ought to be made by law," and substituted words which declared merely the expediency of passing the necessary laws. In the session 1815, 16, the question as to the effect of a treaty arose again in Congress, and was elaborately discussed in both branches. A commercial treaty had been made at London, in the month of July preceding, between the United States and Great Britain, by which it was agreed to abolish the discriminating duties on British vessels and cargoes, then existing under the acts of Congress; and a bill was passed in the House of Representatives particularly enacting the same stipulations as the treaty contained. But it was rejected in Senate, that body having passed a bill of their own, which simply declared that so much of any act of Congress, as was contrary to the treaty, should be deemed and taken to be of no force or effect. This bill was amended, in the House, by striking out the words "and declared," and substituting the original bill which the Senate had rejected; these amendments were, however, re. jected in the Senate, and the difference between the two houses, terminated in the appointment of committees of conference, by whose recommendation the above mentioned amendments of the House were relinquished, and the bill passed as proposed by the Senate in a declaratory shape, with some modifications not affecting the principles in dispute."*

DEPARTMENT OF FOREIGN AFFAIRS.

THE Congress, or Government, during the confederation, consisted of but one branch or house. The number of the delegates was usually between fifty and sixty. It was a legislative body, and its business, both foreign and domestic, in the outset, was done altogether by committees. They had originally no executive officers. The powers of the government were not then distributed in the beautiful manner we have

*

Sergeant.-Constitutional law,

Fifty-six signed the Declaration of Independence.

since seen them, under the present constitution. But they were all assembled or concentrated in one body or single department. This circumstance, connected with the state of the nation, must have made the office of delegate, during the revolution war, exceedingly laborious and responsible.

The first committee to undertake the foreign business of the country was instituted in November "75. It was a secret committee and called the committee of "foreign correspondence." Subsequently, it was called the committee of foreign affairs, and was provided with a secretary. This committee did a great deal of work. They had the management of all the foreign correspondence, then voluminous, and of all negotiations, particularly those that led to the treaties with France and Holland. But the evils and great inconveniences of this mode of conducting the delicate, complicated, and very difficult transactions, in which the United States were engaged with other nations, a description of business daily accumulating in amount, were soon felt and will readily be perceived. The committee was abolished in January, '81, and an office called the "Department of Foreign Affairs" established in its place. The necessity of this change is well explained in the preamble to the report made on the occasion.

"The extent and rising power of these United States, entitle them to a place among the great potentates of Europe, while our political and commercial interests point out the propriety of cultivating with them a friendly correspondence and connexion. That to render such an intercourse advantageous, the necessity of a competent knowledge of the interests, views, relation, and systems, of those potentates is obvious. That a knowledge in its nature so comprehensive is only to be acquired by a constant attention to the state of Europe, and an unremitted application to the means of acquiring well grounded information. That Congress are, moreover, called upon to maintain with our ministers at foreign courts a regular correspondence, and to keep them fully informed of every circum

stance and event, which regards the public honour, interest, and safety. Whereupon, Resolved, that an office be forthwith established for the department of foreign affairs, to be kept always in the place where Congress shall reside. That there shall be a Secretary for the dispatch of the business of the said office, to be styled "Secretary for Foreign Affairs." That it shall be the duty of the said Secretary to keep and preserve all the books and papers belonging to the department of foreign affairs, to receive and report the applications of all foreigners, to correspond with the ministers of the United States at foreign courts, and with the ministers of foreign powers, and other persons for the purpose of obtaining the most extensive and useful information relative to foreign affairs to be laid before Congress when required, also to transmit such communications as Congress shall direct, to the ministers of these United States and others at foreign courts and in foreign countries; the Secretary shall have liberty to attend Congress, that he may be better informed of the affairs of the United States, and have an opportunity of explaining his reports respecting his department.”

In the following year the style of this officer was altered. He was called “Secretary to the United States of America for the department of foreign affairs," and he was allowed 4000 dollars exclusive of the expenses of his office. Mr. Robert R. Livingston of New York was the first Secretary of State. He was chosen in August '81, but having resigned in June '83, Mr. Jay, at that time in Europe, was chosen to succeed him. Mr. Jay remained in office till the adoption of the constitution. This office was not expressly recognized by the confederation; no provision having been made in that instrument for establishment by name of this or any other department, but it was enacted by a resolution, as the present department of state has been subsequently created by a law of Congress. The institution of these departments was authorized by the 9th article of the confederation-" the power to appoint such civil officers as may be necessary for managing the general affairs of the United States." This office was the foundation of the present department of State, established by law in '89, no provision having been made for it in

sure.

the constitution, (except the general one under article 1. sec. 8. provision 17.) It was then called the "Department of Foreign Affairs," and the officer, the "Secretary for the Department of Foreign Affairs." These terms were respectively changed to "Department of State," and "Secretary of State." The duties of this officer have not materially varied in consequence of the change of government. The Secretary of State now forms one of the Cabinet, and in the whole conduct of that department, receives his instructions from the President. No arrangement having been made by Congress for the appointment of this officer, the President exercises the right, conferred on him in other cases, of making a nomination in the usual form to the Senate. He has also under a construction of the constitution (now admitted,) the right of removing this officer, or the head of any other department at his pleaThe law of '89 is considered as having settled this very important point. The bill did not pass without a very able and earnest opposition, but as the clause giving the power of removal to the President, was stricken out, the appearance even of conferring this right upon him by the Legislature was removed, and it could be regarded as a quality only incident under construction to the right of nomination, as it regards all superior officers of the United States "whose appointments" were "not otherwise provided for." The salary of the Secretary of State is now 6000 dollars. Of late years various matters have been referred to the examination, or the management of this officer, that do not in strictness belong to the Department of Foreign Affairs; for the duties of this department are not so specific, or easily defined, as those of either of the others. This circumstance has produced a great accumulation of business, and it is probable the government will find it necessary to create a fifth department, for the purpose of relieving the Secretary of State of all those affairs that do not properly belong to the Army, Navy, or Treasury. This might well be called the department of domestic affairs, or home department, perhaps a more significant and convenient name.

We observe, in the late message of the President, a department of this description has been recommended.

DIPLOMATIC CORPS.

THE United States have never sent or received an "ambassador,"* in the usual diplomatic sense of that term. Indeed the form of our government appears entirely to forbid it, while we confine ourselves to the European meaning of the rank. An ambassador has a representative character. He represents the person and dignity of his sovereign. "The pre-eminence of ambassadors manifests itself chiefly in the particular ceremonial of their reception in the country where they are appointed to reside. They are entitled to speak at the audiences they obtain, with heads covered,-to keep a canopy or throne in their dwellings," &c. An ambassador is, of course, often employed to manage the affairs of his nation like any other public minister, but his representative character of the honour and dignity of his sovereign, constitutes in his particular case, a minister of the first rank. This latter quality an American minister cannot well possess, for he represents nothing but the nation. The government it is true, has a right to require that ministers shall be received from them of the rank of ambassadors, but the distinction will obviously depend upon something different from the representation of the person of the sovereign. The English, we believe, are not much in the habit of employing ambassadors; most of their ministers being envoys, with full powers. But there are certain courts in Europe to which it seems to be

* The Congress of '83 introduced a slight difference in the ceremonial of receiving an ambassador. He was allowed to sit covered in their presence and the President rose not only when he was introduced, but also when he read his answer. Ministers did not enjoy these pri

vileges.