The Foreign Service of the United States

By Tracy Hollingsworth Lay; Charles Evans Hughes | Go to book overview

CHAPTER IV
THE DIPLOMATIC SERVICE

A branch of the Foreign Service. --By way of facilitating analysis, the Diplomatic Service and the Consular Service will first be discussed in separate chapters, and afterwards as a single Foreign Service composed of two coordinate branches which function on a basis of amalgamation and interchangeability as a result of recent reorganization.

Together, these two units, operating abroad under the direction of the Secretary of State, constitute, with the Department of State, the executive machinery for the conduct of foreign relations. They are now administered jointly as the "Foreign Service of the United States".1

Diplomatic offices. --Diplomatic offices are created by international law, and by the Constitution; not by act of Congress, nor by the President.2

The expression "ambassadors and other public ministers," as used in the Constitution, is understood as comprehending all officers having diplomatic functions, whatever their title or designation.3

James Madison, in 1822, clearly showed the nature of diplomatic offices by pointing out, in contrast with views originally held by him:

____________________
1
Act of May 24, 1924.
2
Attorney General Cushing held "that 'public ministers' as a class are created by the Constitution and law of nations, not by act of Congress. No act of Congress created the office of minister * * * to which ministers were sent by President Washington."--7 Op. U. S. Att. Gen., 212.
3
Moore, "Digest of International Law", vol. IV, p. 439.

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