136 POWER UNDER INTERNATIONAL LAW. 



i8. Missions of De Facto Governments Unofficially Received. 



One other exception is recognized in the unofficial reception of 

 agents of belligerent communities. Thus the British foreign 

 Secretary communicated unofficially with Mason and Slidell, the 

 Confederate emissaries in England,-' and the President of the 

 United States communicated unofficially with representatives from 

 South Africa after the proclamation of annexation by Great Britain 

 had made the status of that country one of rebellion. ^^ Such 

 unofficial communication with representatives of de facto govern- 

 ments is justified by the right of foreign states to take measures 

 for protecting their citizens in a region outside the actual control 

 of the de jure government, and is not a real exception to the rule.-® 



B. All Acts of the President Subject to International 

 Cognisance. 



19. Communications of the President to Congress. 



The President's representative character also implies that for- 

 eign nations are entitled to take cognizance of all his official utter- 

 ances whether communicated by diplomatic note, public proclama- 

 tion or public communication to Congress. Presidents have always 

 maintained that communications of the latter character are not 

 subject to the cognizance of foreign states, but in fact they have 

 often been noticed, as when France protested against the threatening 

 language of President Jackson's message of December, 1834, 

 suggesting reprisals^" and Austria protested against President 

 Taylor's comments on Kossuth's revolution of 1848.^^ In the 



27 Moore, Digest, i : 209. 



28 The proclamation of annexation was issued July i, 1900. On May 21 

 and 22, 1900, the South African delegates were received by the Department 

 of State and President McKinley, and they were received by President 

 Roosevelt on March 14, 1902. The war ended with the treaty of Vereeniging, 

 May 31, 1902. Moore, Digest, i : 213. 



29 See Earl Russell, British Foreign Secretary, to Mr. Adams, U. S. 

 Minister, Nov. 26, Moore, Digest, i : 209. 



30 Moore, Digest, 7 : 124-125. 



31 " The pubUcity which has been given to that document has placed the 

 Imperial Government under the necessity of entering a formal protest, 

 through it's official representatives, against the proceedings of the American 



