The Ad Hoc Diplomat: A Study in Municipal and International Law

The special diplomatic agent has played in the history of American foreign policy an important and, it is safe to say, unique role. The names of Colonel House and Harry Hopkins come, of course, right away to mind. But there have been others: John Quincy Adams, Ber nard M. Baruch, Henry Clay, Albert Gallatin, James Monroe, John Randolph, Daniel Webster, Wendell Wilkie, for instance. At the beginning of American history, the use of the special agent was primarily due to the scarcity of available talent. Later it was due to the low quality of many diplomatic representatives, chosen for political reasons and without regard for their diplomatic qualifications. More recently, the President has availed himself of the special agent in order to make sure that his will prevails in the conduct of American foreign policy. The institution of the special agent is indeed inseparable from the preeminent, contested and uncertain role the President plays in the determination of American foreign policy. Since the Constitution is silent on that point, the ultimate determi nation of American foreign policy has been throughout American history a subject ot controversy between the President and Congress.

I. The Nominating and Appointing Power. - Establishment of the Practice. - The Change in the President s Authority. - Summary. - II. Historical Arguments for and Against the Use of the Special Agent. - Arguments Against the Use of Special Agents. - Arguments For the Use of Special Agents. - Summary. - III. The Question of Office. - Marshall s Opinion. - Later Definitions of Office. - The Problem of Rank. - The Presidential Signature and the United States Seal. - The Contingent Fund. - Establishment of the Fund. - Summary. - IV. The President s Appointing Power with Respect to Special Agents. - Early Attempts at Restrictions. - Restrictions Successfully Passed. - Restrictions With Respect to International Organizations. - The United Nations Battle . - Special Agents and the Question of Rank. - Summary. - V. Status of the Regular Diplomatic Agent under International Law. - Agréation. - La Lettre de Créance. - The Nature of Diplomatic Privileges and Immunities. - Duration of Diplomatic Immunities. - Theories on the Basis of Diplomatic Immunity. - Who Receives Diplomatic Privileges and Immunity. - Who Decides the Question of Entitlement to Immunity. - The Basis for the Decision. - The Meaning of Function. - Responsibility for the Protection of Diplomats. - Responsibility for the Acts of a State s Agents. - Functions of a Diplomat. - Diplomatic Agents Below the Rank of Ambassador. - Summary. - VI. Status of Miscellaneous Agents under International Law. - International Conferences. - International Organizations. - International Commissions. - Summary. - VII. Status of the Special Agent under International Law. - Special Secret Agents. - Special Public Agents. - The Establishment of Special Missions. - Privileges and Immunities. - Freedom of Movement and Communication. - Responsibility for the Protection ofSpecial Agents. - Responsibility for the Acts of the Special Agent. - Functions of the Special Agent. - Summary. - VIII. Conclusions. - Municipal Law Aspect. - International Law Aspect. - Appendix A. - Representative List of Special Agents. - Appendix B. - Provisions for Appointing United States Delegates to International Organizations. - Appendix C. - Vienna Convention on Diplomatic Relations. - Appendix D. - The Agencies of Colonel House and Harry Hopkins. - Edward M. House. - House s Background. - The Nature of the House-Wilson Relationship. - His Influence and Methods of Operation. - Five Missions Abroad. - Advantages and Disadvantages in Using House. - Summary. - Harry L. Hopkins. - Hopkins Background. - The Nature of the Hopkins-Roosevelt Relationship. - Five Missions Abroad. - His Influence and Methods of Operation. - Advantages and Disadvantages in Using Hopkins. - Summary.