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"The conduct of Mr. Catacazy, the Russian minister at Washington, having been for some time past such as materially to impair his usefulness to his own Government, and to render intercourse with him for either business or social purposes highly disagreeable," Mr. Curtin, minister to Russia from the United States, was instructed to intimate to the Russian Government that "under the circumstances the President is of the opinion that the interests of both countries would be promoted and those relations of cordiality with the Government of the Czar, of the importance of which he is well aware, would be placed upon a much surer footing if the head of the Russian legation here was to be changed.""

Mr. Fish, Sec. of State, to Mr. Curtin, June 16, 1871. MSS. Inst., Russia. "The hesitation and delay in complying with the request directed in dispatch of 16th June occasion disquiet and disappointment. The rea son alleged not satisfactory, as communication with minister for foreign affairs is open. Decision important before the advent of the prince, as the President cannot be expected to receive as the principal attendant of his highness one who has been abusive of him, and is personally unacceptable. Instruction of this date to you on the subject."

Mr. Fish, Sec. of State, to Mr. Curtin, Aug. 18, 1871. (Telegram.) MSS. Inst.,
Russia.

"It is believed to be usual when a minister shall have made himself so unacceptable to the Government to which he is accredited as to have forfeited the confidence of that Government, and to have rendered intercourse with him disagreeable, for the Government promptly to recall him upon the mere intimation of a wish to that effect.

This has invariably been done in other similar instances which have occurred in the history of this Government. It will be a cause of much pain to the President if the Imperial Government should think proper to adopt a different course on this occasion."

Mr. Davis, Acting Sec. of State, to Mr. Curtin, Aug. 18, 1871. MSS. Inst.,
Russia.

"Every Government has the right to have the representative of another power an acceptable person, and no Government has the right to expect of another the retention of a representative who indulges in personal abuse of the head of the Government to which he is accredited, as Mr. Catacazy has done. You may read this to the vice-chancellor." Mr. Fish, Sec. of State, to Mr. Curtin, Sept. 5, 1871. MSS. Inst., Russia. "The President, desiring to manifest the sincerity of his friendship for the Russian Government, and, in view of the expected visit of the grand duke and of the alleged impossibility of sending another minister to replace the one now here in season to accompany the prince, has decided to tolerate the present minister until after the visit of the prince. That minister will then be dismissed, if not recalled. Tho

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President, however, will not formally receive Mr. Catacazy, except when he accompanies the prince, and can hold no conversation with him.

"You will communicate this to the vice chancellor immediately, and may read it to him."

Mr. Fish, Sec. of State, to Mr. Curtin, Sept. 20, 1871, MSS. Inst., Russia. After the Government of the United States has requested the recall of a foreign minister, if there be delay or difficulty in obtaining such recall, his passports, in case of continued misconduct on his part, may be sent to him forthwith.

Mr. Fish, Sec. of State, to Mr. Catacazy, Nov. 10, 16, 1871. MSS. Notes, Rus

sia.

"The official or authorized statement that a minister has made himself unacceptable, or even that he has ceased to be 'persona grata,' to the Government to which he is accredited, is sufficient to invoke the deference of a friendly power and the observance of the courtesy and the practice regulating the diplomatic intercourse of the powers of Christendom for the recall of an objectionable minister. The declara tion of the authorized representative of the power to which an offending minister is accredited is all that can properly be asked, and all that a self respecting power could give."

Mr. Fish, Sec. of State, to Mr. Curtin, Nov. 16, 1871. MSS. Inst., Russia.
As to recall on ground of extraneous publications, see supra, § 79.

As to Catacazy's retirement, see further Mr. Fish's Report of Dec. 6, 1871, Senate
Ex. Doc. No. 5, 42d Cong., 2d sess. Mr. Fish, Sec. of State, to Mr. Brown,
Oct. 10, 1871; MSS. Inst., Turkey.

IX. MODE OF PRESENTATION AND TAKING LEAVE.

§ 85.

Mr. Monroe, having been recalled from France in the fall of 1796, his place was taken by Mr. C. C. Pinckney, who arrived in Paris in December in that year. The day after Mr. Pinckney's arrival, on December 12, Mr. Monroe and Mr. Pinckney visited De la Croix, the French minister of foreign affairs, who took little pains to conceal his belief that Pinckney had been sent to supersede Monroe on account of the latter's kindly feeling to France. A few days afterwards Mr. Monroe received a formal notification that Mr. Pinckney would not be received until the grievances complained of by France were redressed; and Mr. Monroe's position was made peculiarly embarrassing by the fact that this communication was coupled with a profusion of compliments to himself. At that time no stranger could remain in France without police permission. Not only did the Government refuse to recognize Mr. Pinckney as minister, but he was informed, on January 25, that he could not remain in Paris without this police permission, and on February 3 he was further informed that by remaining he made himself liable to arrest. He accordingly obtained his passports and left France for Holland. Mr. Monroe has been charged with want of dignity in accepting conspicuous hospi

tality from the French Government after his successor had been thus repelled. But the farewell reception, in which this peculiar adulation was bestowed on Mr. Monroe, was on December 30, three weeks before either he or Mr. Pinckney were advised of Mr. Pinckney's final rejection. In Mr. Ticknor's Life (vol. 2, 413), we are told that Baron Pichon, when attempting, in 1837, to explain the conduct of the Directory, intimated that Mr. Monroe had spoken of Mr. Pinckney as of aristocratic tendencies. Memory after the lapse of forty years cannot be relied on, and it is not unlikely that Mr. Pichon confused Mr. Monroe's statements with his own prejudices. It is certain that Mr. Pinckney's letters to the Department speak in the highest terms of the generous and delicate assistance he received from Mr. Monroe while they were together in France. Mr. Pinckney was too discerning and unimpassioned to have been imposed on by mere professions of support; Mr. Monroe too honorable to profess a support he did not give.

See 1 Schouler's Hist. U. S., 347; 5 Hildreth, U. S., 46, infra, § 148b.

As to ceremonial in respect to diplomatic agents, see 9 John Adams' Works, 271, quoted supra, § 81.

As to China, see infra, § 107.

Mr. J. Adams' account of his presentation to George III and the Queen is given in detail in 1 Lyman's Diplomacy of the U. S., 159 ƒs.

The details of the reception of Gerard, the first French minister to the U. S., on July 1778, are given in 1 Lyman's Diplomacy of the U. S., 57.

"When a foreign minister arrives at London, Paris, St. Petersburg, or other European court, he obtains an interview of the secretary of state for foreign affairs, and delivers to him a copy of his letter of credence. The secretary of state afterwards, on a day fixed, presents him to the sovereign, to whom he delivers the original. On that day, or as soon as convenient, he visits all the secretaries or heads of the Government.

"The foreign minister's wife, who has claims incident to the station of her husband, makes a visit at the same time to the wives of the secretaries or heads of the Government.

"When foreign ministers leave the seat of government, to travel in the interior, they give notice of it to the secretary of state for foreign affairs. They likewise give notice of their return home."

Mr. Monroe, Sec. of State, to Mr. Serurier, May 5, 1814. MSS. Notes For. Leg. "Mr. Daschkoff came to tell me that he had at length received his letters of credence. He meant of recall. This is a mistake so common that there is a confusion of ideas prevalent among three-fourths of the diplomatic characters I know. Letters of recall are received by a minister from his own Government. Letters of recredence are from the Government to which he is accredited to his own, recommending him back to his own master."

4 J. Q. Adams' Mem., 231.

Although the mission of a minister ordinarily terminates with his delivery of a letter of recall, this is open to many exceptions. "The more usual practice has been for the succeeding minister to present the letter recalling his predecessor." Hence an omission to send the retir

ing minister a letter of recall, does not in itself sustain a minister in remaining at his post after the period fixed for his return.

Mr. Forsyth, Sec. of State, to 5th Auditor, July 5, 1840. MSS. Dom. Let.

"The diplomatic agents who are accredited to the President usually transmit to the Department a copy of their letter of credence, with a note requesting the appointment of a time for them to present the orig. inal. A copy of the remarks which they may think proper to make on the occasion, frequently accompanies their note asking for a presenta tion, and is submitted to the President in order that he may prepare a suitable reply. It has not of late been deemed necessary to write out this answer. The Secretary of State usually accompanies the diplomatic agent to the President on his first presentation, but this is not deemed necessary on subsequent occasions."

Mr. Marcy, Sec. of State, to Mr. Almonte, Jan. 27, 1855. MSS. Notes, Mex. "This Department understands that intercourse between a diplomatic agent and the Government to which he may have been accredited, is not always terminated only by the presentation of the letters of recall of such agent. There are several other ways in which such intercourse may be concluded. Whether this shall be brought about in one way or in another, diplomatic immunities for the retiring agent may undoubt edly be claimed for a reasonable time after his official functions shall be at an end. That period, however, must depend upon circumstances of which the Government to which he had been accredited is to be the judge. The main object for which the privilege is allowed is to enable the diplomatic representative to adjust his private affairs, and to depart the country without annoyance. If, however, the privilege shall be abused by an undue lingering in the country by such agent after his official functions are at an end, the Government of that country is jus tified in regarding the immunities as forfeited. It is hoped, however, that there may be no occasion to apply this rule in the case of Mr. Catacazy."

Mr. Fish, Sec. of State, to Mr. Gorloff, Dec. 1, 1871. MSS. Notes, Russia.

"Your dispatch of the 28th of March, marked 'Separate,' in relation to the presentation by you at the courts of Bavaria, Wurtemberg, Baden, and Hesse of letters of recall on the occasion of your retirement from the post at Berlin, has been received, and the subject has been carefully considered.

"On examination of the precedent established in the case of Mr. Wheaton, who while minister at Berlin was empowered to conclude treaties with other German states, it is found that it was not deemed expedient at that time to authorize Mr. Wheaton to present special letters of recall. The Department regards the decision then made as cor rect, and adheres to it in the present case.

"Letters of recall to the Emperor of Germany are inclosed, and in

presenting them you will express to the Emperor the satisfaction with which the President entertains the conviction that your mission has tended to cement the cordial relations of amity and good feeling which he desires to maintain and preserve between two powers which have become kindred in every sense of the word."

Mr. Fish, Sec. of State, to Mr. Bancroft, Apr. 21, 1874. MSS. Inst., Germ.; For.
Rel., 1874.

"In most cases, a mission of the United States will be found already established at the seat of government, and still in charge of the outgoing representative, or of a chargé d'affaires ad interim. In either case, the newly-arrived agent should seek, through the actual incumbent of the mission, an informal conference with the minister for foreign affairs, or such other officer of the Government to which he is accredited as may be found authorized to act in the premises, and arrange with him for his official reception. He should at the same time, in his own name, address a formal note to the minister for foreign affairs, communicating the fact of his appointment and his rank, and requesting the designation of a time and place when he may present his letter of credence.

"Should the diplomatic agent be of the grade of envoy extraordinary and minister plenipotentiary or minister resident, in either of which cases he will bear a letter of credence, signed by the President and addressed to the chief of the Government, he will, on asking audience for the purpose of presenting the original in person, communicate to the minister for foreign affairs the open office copy which accompanies his original instructions. He will also, for the completion of the archives of his legation, prepare and retain on file a copy of his credentials.

"If, however, the agent be of the rank of chargé d'affaires, bearing a letter of credence addressed to the minister for foreign affairs, he will, on addressing to the minister the formal note prescribed in section 23, communicate to him the office copy of his credential letter, and await the minister's pleasure as to receiving the original in a personal interview.

"On the occasion of presenting ceremonial letters of recall or of credence to the head of the Government, it is usual at most capitals for the retiring or incoming diplomatic agent to make a brief address, pertinent to the occasion. This address should be written and spoken in the English tongue by the representative of the United States.

"Before the day fixed for his audience of reception or of leave-taking, he should furnish to the minister for foreign affairs a copy of his proposed remarks, in order that a suitable reply thereto may be prepared. "A copy of the address and of the reply must be sent to the Department of State.

"When the retiring representative is, like his successor, of the grade of envoy extraordinary and minister plenipotentiary or minister resident, it is customary for him to present his letter of recall in the same audience in which his successor presents his credential letter, unless for some sufficient cause he should have been obliged to take formal leave and present his letter of recall before the presentation of his suc

cessor.

"It sometimes happens that the retiring diplomatic agent may not have received his letter of recall from the Department of State in season to present it in person before his departure. In such cases his suc

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