404 WRIGHT— POWER TO ESTABLISH 



"The Ambassadors and Ministers here intended (that is, by the Con- 

 stitution) are such only as are known to the law of nations. Their names, 

 grades, rights, privileges, and immunities are perfectly defined in the 

 books which treat of them, and were thoroughly understood by the framers 

 of our Constitution. They are. Ambassadors — Envoys — Envoys Extraordi- 

 nary — Ministers — Ministers Plenipotentiary — Ministers Resident. . . . Tried by 

 these tests, and the diplomatic qualities of our intended Ministers fail at 

 every attribute of the character. Spite of the names which are imposed upon 

 them, they turn out to be a sort of Deputies with full powers for un- 

 definable objects. They are unknown to the law of nations, unknown to 

 our Constitution ; and the combined powers of the Federal Government are 

 incompetent to create them. Nothing less than an original act, from the 

 people of the States, in their sovereign capacity, is equal to the task. 

 Had these gentlemen been nominated to us as Deputies to a Congress, would 

 not the nominations have been instantly and unanimously rejected? And 

 shall their fate be dififerent under a different name? The delicacy of this 

 position was seen and felt by the administration. The terms ' Deputy ' and 

 ' Commissioner ' were used in the official correspondence up to near the 

 date of the nomination, but' as these names could not pass the Senate, a 

 resort to others became indispensable. The invitations and acceptance were 

 in express terms, for 'Deputies and Representatives' to a Congress." The 

 nominations to the Senate are wholly dififerent." 



It is true, Senator Benton's view did not prevail in the Senate, and, 

 according to American constitutional theory as well as to the theory 

 of international law, representatives in an international conference 

 or congress are no different from diplomatic officers. ^° The distinc- 

 tion has existed, however, as a psychological fact and will necessarily 

 be emphasized if such conferences or congresses sit periodically. 



Count Beust remarked in 1870, upon finding it impossible to call 

 together the Concert of Europe to prevent the Russian violation of 

 the Treaty of Paris and the impending Franco-Prussian War, " II 

 ne vois pas d'Europe." ^^ He thus emphasized that by its periodic 

 meetings before that time, the Concert had in fact constituted a 

 European organ and not a mere group of national delegates. It 

 was because of its confidence in this psychological effect of periodic 

 conferences that the Hague Conference of 1907 recommended a 

 third conferences^ and the actual play of this psychological factor 



^'^ Corwin, op. cit., p. 57 ; supra, note 28. 



31 Von Beust, Memoires, Trans. H. de Worms, London, 1887, 2: 222. 



32 Scott, ed., Reports to Hague Conferences, pp. 216, 222. See also In- 

 struction of Secretary of State Root to American delegates to the Second 



