This class of powers forms an obvious and essential branch of the
federal administration. If we are to be one nation in any respect, it
clearly ought to be in respect to other nations.
The powers to make treaties and to send and receive ambassadors, speak
their own propriety. Both of them are comprised in the articles of
Confederation, with this difference only, that the former is
disembarrassed, by the plan of the convention, of an exception, under
which treaties might be substantially frustrated by regulations of the
States; and that a power of appointing and receiving "other public
ministers and consuls," is expressly and very properly added to the
former provision concerning ambassadors. The term ambassador, if taken
strictly, as seems to be required by the second of the articles of
Confederation, comprehends the highest grade only of public ministers,
and excludes the grades which the United States will be most likely to
prefer, where foreign embassies may be necessary. And under no latitude
of construction will the term comprehend consuls. Yet it has been found
expedient, and has been the practice of Congress, to employ the inferior
grades of public ministers, and to send and receive consuls.
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