1834.] FALKLAND ISLANDS?. 'loy 
sisting in the protest which he had made against rights which had 
been and were in possession of the government ; and which, until 
this time," says the minister, " nobody has questioned." 
Another note of the same date was addressed by the minister 
to the consul, informing him, that on a memorial or " solicitude" 
of Don Louis Vernet, a process had been issued against Captain 
Davison, of the Harriet, for the purpose of holding him in arrest, 
and preventing his departure, until he should appoint an attorney ; 
but that Davison had gone on board the Lexington. The consul 
was requested to inform him of the pains and penalties of his 
evasion. 
Both notes were answered by the consul on the fifteenth of 
December. The consul could not see on what principles the 
government could detain Davison, already the victim of a " pro- 
tracted incarceration," to coerce him to execute a power of attor- 
ney on the requisition of Vernet, when Davison had already de- 
clined to litigate the questions growing out of the seizure of the 
Harriet before any of the local tribunals ; and had denied to the 
government their right to seize his vessel. 
With respect to his authority, he quoted the instructions to Mr. 
Forbes, and contended that the fisheries were free to all nations, 
and the exclusive property of none. He defended himself against 
the charge of indecorum ; maintained the propriety of his conduct, 
and his right to interfere by protest for the protection of his coun- 
trymen, with becoming spirit and force. This communication 
closed the correspondence between the minister of foreign affairs 
and the American consul. 
We are not prepared to say how far a consul is authorized to 
act, in case of the death or absence of 'a minister. The secreta- 
ries of legation are generally considered as temporary charges 
d'affaires on such occasions ; but at Buenos Ayres there was no 
secretary of legation. If a minister or charge of the United 
States should die in a country so remote as Buenos Ayres, nearly 
I year from the time of his death would elapse before he could 
ce replaced. The voyage back, and forth would consume four or 
five months : the appointment of a minister would require inquiry 
and deliberation, and some time would necessarily elapse before 
the person appointed could prepare himself for a voyage so long, 
and for a residence in a country so remote, hi the meantime it 
