If nothing else could suggest this distinction to the writer, he ought to have been reminded of it by his own words: "in order to the enforcement of those privileges". . . .Was it in order to the enforcement of the article of guarantee, that the right is ascribed to the executive?
The other of the two arguments reduces itself into the following form: the executive has the right to receive public ministers; this right includes the right of deciding, in the case of a revolution, whether the new government sending the minister, ought to be recognized or not; and this again, the right to give or refuse operation to pre-existing treaties.
The power of the legislature to declare war and judge of the causes for declaring it, is one of the most express and explicit parts of the constitution. To endeavour to abridge or affect it by strained inferences, and by hypothetical or singular occurrences, naturally warns the reader of some lurking fallacy.
The words of the constitution are "he (the president) shall receive ambassadors, other public ministers and consuls." I shall not undertake to examine what would be the precise extent and effect of this function in various cases which fancy may suggest, or which time may produce. It will be more proper to observe in general, and every candid reader will second the observation, that little if any thing more was intended by the clause, than to provide for a particular mode of communication, almost grown into a right among modern nations; by pointing out the department of the governmeht, most proper for the ceremony of admitting public ministers, of examining their credentials, and of authenticating their title to the privileges annexed to their character by the law of nations. This being the apparent design of the constitution, it would be highly improper to magnify the function into an important prerogative, even where no rights of other departments could be affected by it.
To shew that the view here given of the clause is not a new construction, invented or strained for a particular
