1755. CONSULS, Reception of.—
We are
very far from admitting your principle, that
the government on their side has no other
right, on the presentation of a consular commission,
than to certify that, having examined
it, they find it according to rule. The governments
of both nations have a right, and that
of yours has exercised it as to us, of considering
the character of the person appointed; the
place for which he is appointed, and other material
circumstances; and of taking precautions
as to his conduct, if necessary; and this
does not defeat the general object of the convention,
which, in stipulating that consuls shall
be promoted on both sides, could not mean to
supersede reasonable objections to particular
persons, who might at the moment be obnoxious
to the nation to which they were sent,
or whose conduct might render them so at any
time hereafter. In fact, every foreign agent
depends on the double will of the two governments,
of that which sends him, and of that
which is to permit the exercise of his functions
within their territory; and when either
of these wills is refused or withdrawn, his authority
to act within that territory becomes
incomplete.—
To E. C. Genet. Washington ed. iv, 90.
Ford ed., vi, 463.
(Pa.,
Dec. 1793)
