The Footprints of Time: And a Complete Analysis of Our American System of Government, with a Concise History of the Original Colonies and of the United States, in Chronological OrderBancroft, Charles
History
The Footprints of Time: And a Complete Analysis of Our American System of Government, with a Concise History of the Original Colonies and of the United States, in Chronological Order
Bancroft, Charles
United States -- History; United States -- Politics and government
9. Secretaries of Legation may with propriety be noticed under the
general head of ministers, although they are not ministers of any
grade, but are appointed by the same powers that appoint ministers, and
accompany them merely as their secretaries. In the absence of a chargé
d’affaires, they are sometimes authorized to act in his place. The
position is not one of great dignity, nor is the compensation large.
CHAPTER VI.
TREATIES—EXTRADITION TREATIES.
1. A treaty is a written contract, entered into by two nations, on some
question of interest or intercourse between them. It is precisely of the
nature of a contract between two persons when they bind themselves to do,
or not to do, certain things specified in the contract. That would be a
treaty between individuals. Treaties between nations are only different
in the solemn and formal manner of arranging and confirming these
agreements.
2. Treaties have often been of great service to the world, both in
ancient and modern times. By these negotiations, wars have been
prevented, friendly relations maintained, and commercial intercourse
kept up, advantageously to both parties. Treaties may be negotiated by
any persons properly authorized by their governments to do so; and any
government may authorize such persons as they see fit, to perform these
important acts. In many cases the ordinary ministers who represent their
governments to other governments, negotiate ordinary treaties. But in
cases where something of an extraordinary character is to be arranged,
special ministers or commissioners are sent for this express purpose.
This was the case at the treaty of Ghent (so called from the name of the
place where the commissioners met to arrange it), in 1814; by which a
peace was brought about between England and the United States, after the
last war between those powers. Special ministers, or commissioners, as
they were denominated, were appointed and sent for this very purpose. A
treaty of peace was agreed upon by the commissioners of the respective
countries, and hostilities ceased as soon as the news reached the United
States.
3. In some cases our government has authorized its commanding generals to
make a treaty with the hostile nation. It has also given the same power
to the commanders of our national vessels; and also, in a few cases, to
our consuls, in countries at a great distance from home, such as China,
Japan, Siam, and Turkey.
The persons authorized to negotiate a treaty, rarely act without
instructions from their government, as to the times and conditions of the
proposed treaty. Much, however, must be left to the sound judgment and
discretion of the negotiators as to the details.
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