The practice of naming attaches to our legations leads to great abuses of this nature.  In the first place the Constitution is violated; for, without a law of Congress to that effect (and I believe none exists), not even the President has a right to name one, without the approval of the Senate.  In no case can a minister appoint one legally, for the Constitution gives him under no circumstances any such authority; and our system does not admit of the constructive authority that is used under other governments, unless it can be directly referred to an expressly delegated power.  Now the power of appointment to office is expressly delegated; but it is to another, or rather to another through Congress, should Congress choose to interfere.  This difficulty is got over by saying an attache is not an officer.  If not an officer of the government, he is nothing.  He is, at all events, deemed to be an officer of the government in foreign countries, and enjoys immunities as such.  Besides, it is a dangerous precedent to name to any situation under a pretence like this, as the practice may become gradually enlarged.  But I care nothing as to the legality of the common appointments of this nature, the question being as to the tone of the nominees.  You may be assured that I shall send you no idle gossip; but there is more importance connected with these things than you may be disposed at first to imagine.  Here, these young men are believed to represent the state of feeling at home, and are listened to with more respect than they would be as simple travellers.  It would be far better not to appoint them at all; but, if this is an indulgence that it would be ungracious to withhold, they should at least be made to enter into engagements not to deride the institutions they are thought to represent; for, to say nothing of principle, such a course can only re-act, by discrediting the national character.

In writing you these opinions, I wish not to do injustice to my own sagacity.  I have not the smallest expectation, were they laid to-morrow before that portion of the American public which comprises the reading classes, that either these facts or these sentiments would produce the least effect on the indomitable selfishness, in which nine men in ten, or even a much larger proportion, are intrenched.  I am fully aware that so much has the little national pride and national character created by the war of 1812 degenerated, that more of this class will forgive the treason to the institutions, on account of their hatred of the rights of the mass, than will feel that the republic is degraded by the course and practices of which I complain.  I know no country that has retrograded in opinion so much as our own, within the last five years.  It appears to me to go back, as others advance.  Let me not, therefore, be understood as expecting any immediate results, were it in my power to bring these matters promptly and prominently before the nation.  I