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.

It is true, that where treaties of commerce stipulate for the mutual
appointment of consuls, whose functions are connected with commerce,
the admission of foreign consuls may fall within the power of making
commercial treaties; and that where no such treaties exist, the mission
of American consuls into foreign countries may PERHAPS be covered under
the authority, given by the ninth article of the Confederation, to
appoint all such civil officers as may be necessary for managing the
general affairs of the United States. But the admission of consuls into
the United States, where no previous treaty has stipulated it, seems to
have been nowhere provided for. A supply of the omission is one of the
lesser instances in which the convention have improved on the model
before them. But the most minute provisions become important when they
tend to obviate the necessity or the pretext for gradual and unobserved
usurpations of power. A list of the cases in which Congress have been
betrayed, or forced by the defects of the Confederation, into violations
of their chartered authorities, would not a little surprise those who
have paid no attention to the subject; and would be no inconsiderable
argument in favor of the new Constitution, which seems to have provided
no less studiously for the lesser, than the more obvious and striking
defects of the old.

The power to define and punish piracies and felonies committed on the
high seas, and offenses against the law of nations, belongs with equal
propriety to the general government, and is a still greater improvement
on the articles of Confederation. These articles contain no provision
for the case of offenses against the law of nations; and consequently
leave it in the power of any indiscreet member to embroil the
Confederacy with foreign nations. The provision of the federal articles
on the subject of piracies and felonies extends no further than to the
establishment of courts for the trial of these offenses. The definition
of piracies might, perhaps, without inconveniency, be left to the law
of nations; though a legislative definition of them is found in most
municipal codes. A definition of