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Supreme Court in the pure atmosphere of judicial inquiry that has always surrounded it will arrive at a better interpretation of the powers of both state and national governments than can be possibly hoped for in a forum like this where popular prejudice and the passions of the hour affect all of us whether we will or no.

CHAPTER XVI

FOREIGN AFFAIRS

119. The Organization of the Department of State

By giving the President the power to appoint our representatives abroad and to negotiate treaties in conjunction with the Senate, and also the right to receive the ambassadors and other public ministers of foreign countries, the federal Constitution has made him the official spokesman of the nation in dealing with other countries.1 To aid the President in the discharge of the important duties. connected with this position, Congress created in July, 1789, a Department of Foreign Affairs which, in September of the same year, was changed to the Department of State with a Secretary of State at its head. The duties of the Secretary, however, with regard to foreign matters, are still those laid down in the original

statute:

There shall be at the seat of Government an Executive Department, to be known as the Department of State, and a Secretary of State who shall be the head thereof. . . .

The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President, relative to correspondences, commissions or instructions to or with public ministers or consuls, from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs, as the President of the United States shall assign to the said Department; and furthermore he shall conduct the business of the Department in such manner as the President of the United States shall direct.

1 See above, Chap. IX.

The
of State and
Secretary

his duties.

The
abolition
of the
diplomatic
service
considered.

The importance

of having a trained

man on

the spot.

120. Duties and Responsibilities of Diplomatic Representatives *

The representation of the nation abroad is committed to the charge of two groups of officers: diplomatic and consular. It has often been contended that with the development of rapid means of communication, the maintenance of diplomatic representation has become an unnecessary luxury subserving no practical purposes,' but in the following paper, the Hon. Andrew D. White makes a strong argument in favor of continuing the custom by showing the important duties which still fall upon a diplomatic officer.

Some years since, a very eminent American journalist, in discussing our diplomatic service, proposed what he was pleased to call "a reform." His plan was exceedingly drastic. For it was nothing less than that the entire system be extirpated, root and branch, in fact, "reformed off the face of the earth," and that in place of it, whenever our government should have any business with any other, it should seek out a suitable agent, make a fair bargain with him for his services, send him to attend to the matter, and then recall him as soon as he had finished it. Although this advice has often been cited as a piece of political wisdom, has lingered vaguely in the public mind, and has, indeed, been recently sanctioned by a very eminent American citizen, it seems not difficult to show that such a departure from the practice of the whole civilized world would be a misfortune, not only to our country in general, but especially to our political, commercial, and financial interests.

For in view of all the interests of our country, ever extending, ever becoming more complex, ever demanding more and more quick sight and prompt action, what is it that we need? Is it men to be sought and selected and passed upon and haggled with and sent across the ocean to see if, perhaps, they can mitigate serious and even disastrous international trouble after it has got under full headway? Is it not rather to have thoroughly trained men on the spot, who shall foresee trouble, prevent it, attenuate it,

1 See Foster, The Practice of Diplomacy, p. 15.

disperse it, be in touch with the right men, know the right means, speak the right word, at the right moment, in the right quarter? Some years since, at Constantinople, I asked the cause of the widespread conflagrations which had so often devastated that capital. The answer was that the city had a very peculiar fire department that when a fire broke out in any house, the proper and usual way was for its owner to seek someone who owned a hand fire engine, to find, by proper examination whether he was trustworthy, whether his helpers were robust, whether his fire apparatus was effective; and then to make a bargain with him. and his helpers and conduct them to the fire. There was usually, so I was informed, not much trouble in finding the fire, for, by the time the machine had been approved and the firemen selected and bargained with and got to the spot, the conflagration was amply evident.

A special reason for the maintenance of an organized diplomatic Assistance in making service is found in the need of making or modifying treaties. Here and modifyit is that a minister permanently residing at a foreign court has a ing treaties. decided advantage. He notes the progress of affairs, watches for opportunities, makes the acquaintance of statesmen and other men of influence in the country to which he is accredited, and thus is able to suggest and to secure treaties and modifications of treaties much earlier and more easily than could possibly be done from the centre of a distant government. Even if special commissioners be sent to make a treaty, a resident representative is sure to be of the utmost value.

collection

Another duty of our foreign representatives is the collection of The information bearing on large questions important to our country. of important Of this information, that which relates to the actions of foreign information. powers in anticipated crises is frequently of the utmost importance. Grant that our diplomats have not the prophetic gift, still at every time since the formation of this government, and never more than now, it has been of great importance to this country, politically and commercially, to have at various centres of information throughout the world, thinking men with access to the best sources of

Diplomatic reports on questions of public interest.

The

protection

citizens

news, who can constantly keep the home government advised as to the probable action of foreign powers. At this moment, when Europe is one great group of fortified camps and great changes are taking place in Asia and Africa, and troublesome questions are rising in South America, it cannot but be of immense value to our manufacturing, commercial, and indeed all other interests to have the best and most recent information regarding the outcome of warlike operations, the drift of public opinion, and settlements. likely to be made; and such information is obtained by our representatives at the lesser capitals almost as frequently as at the greater.

Then, too, there are other subjects of importance. Every year our State Department issues sundry volumes entitled "Diplomatic Relations." These are made up of selections from the dispatches of our representatives abroad. Among these are found not only dispatches on current international business, but valuable reports on leading subjects of public interest; and of these I may mention in recent times, reports on systems of finance in foreign. countries, on their supply and management of their circulating medium; on the administration of cities; on government railway systems; on public museums, on educational institutions and the like. It may be said that the newspapers and magazines give us these; but the difficulty is that information thus supplied is too frequently sketchy and scrappy. I do not underrate the newspaper correspondent; he is one of the wonders of the world; but, after all, the diplomatic representative has certain decided advantages: he has easy access to men controlling every sort of institution, he can ask for interviews, information, documents and the like with every probability of obtaining them, and this is not the case with the great majority of unofficial persons.

Another duty of a foreign representative of our country is to of American protect Americans within the country to which he is accredited. No doubt there are many in our own land who care little for this: it is very easy to say in an off-hand way, that if people go abroad as missionaries or for business, health or pleasure, they must take their chances; but as civilization has developed there has been evolved

abroad.

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