CH. XXXVII.]
EXECUTIVE—POWERS.
415
was not also expressly mentioned, as the appointment of them is in the preceding clause, is not easily to be accounted for, especially as the defect of the confederation on this head was fully understood.[1] The power, however, may be fairly inferred from other parts of the constitution; and indeed seems a general incident to the executive authority. It has constantly been exercised without objection; and foreign consuls have never been allowed to discharge any functions of office, until they have received the exequatur of the president.[2] Consuls, indeed, are not diplomatic functionaries, or political representatives of a foreign nation; but are treated in the character of mere commercial agents.[3]
§ 1560. The power to receive ambassadors and ministers is always an important, and sometimes a very delicate function; since it constitutes the only accredited medium, through which negotiations and friendly relations are ordinarily carried on with foreign powers. A government may in its discretion lawfully refuse to receive an ambassador, or other minister, without its affording any just cause of war. But it would generally be deemed an unfriendly act, and might provoke hostilities, unless accompanied by conciliatory explanations. A refusal is sometimes made on the ground of the bad character of the minister, or his former offensive conduct, or of the special subject of the embassy not: being proper, or convenient for discussion.[4] This, however, is rarely done. But a much more delicate occasion is,- ↑ The Federalist, No. 42.
- ↑ Rawle on Const. ch. 24, p. 224, 225.
- ↑ Id.; 1 Kent's Comm. Lect. 2, p. 40 to 44; The Indian Chief, 3 Rob. R. 22; The Bello Corunnes, 6 Wheat. R. 152, 168; Viveash v. Becker, 3 Maule & Selw. R. 284.
- ↑ 1 Kent's Comm. Lect. 2, p. 39; Rutherforth's Instit. B. 2, ch. 9, § 20; Grotius, Lib. 2, ch. 8, § 1, 3, 4.
