TO MR. GENET.

Germantown, November 22, 1793.

Sir,

In my letter of October the 2nd, I took the liberty of noticing to you, that the commission of Consul to M. Dannery, ought to have been addressed to the President of the United States.  He being the only channel of communication between this country and foreign nations, it is from him alone that foreign nations, or their agents, are to learn what is or has been the will of the nation, and whatever he communicates as such, they have a right and are bound to consider as the expression of the nation, and no foreign agent can be allowed to question it, to interpose between him and any other branch of government, under the pretext of either’s transgressing their functions, nor to make himself the umpire and final judge between them.  I am, therefore, Sir, not authorized to enter into any discussions with you on the meaning of our constitution in any part of it, or to prove to you that it has ascribed to him alone the admission or interdiction of foreign agents.  I inform you of the fact by authority from the President.  I had observed to you, that we were persuaded, in the case of the Consul Dannery, the error in the address had proceeded from no intention in the Executive Council of France to question the functions of the President, and therefore no difficulty was made in issuing the commissions.  We are still under the same persuasion.  But in your letter of the 14th instant, you personally question the authority of the President, and in consequence of that, have not addressed to him the commission of Messrs. Pennevert and Chervi.  Making a point of this formality on your part, it becomes necessary to make a point of it on ours also; and I am therefore charged to return you those commissions, and to inform you, that bound to enforce respect to the order of things established by our constitution, the President will issue no Exequatur to any Consul or Vice-Consul, not directed to him in the usual form, after the party from whom it comes has been apprized that such should be the address.

I have the honor to be, with respect, Sir, your most obedient and most humble servant,

Th:  Jefferson.

LETTER CLXXIV.—­TO MR. GENET, December 9, 1793

TO MR. GENET.

Philadelphia, December 9, 1793.

Sir,

I have to acknowledge the receipt of your letter of the 3rd instant, which has been duly laid before the President.

We are very far from admitting your principle, that the government on either side has no other right, on the presentation of a consular commission, than to certify, that having examined it, they find it according to rule.  The governments of both nations have a right, and that of yours has exercised it as to us, of considering the character of the person appointed, the place for which he is appointed, and other material circumstances; and of taking precautions