Melville Fuller

“ Baiz was a citizen of the United States, and a resident of the city of New York. In many countries it is a state maxim that one of its own subjects or citizens is not to be received as a foreign diplomatic agent, and a refusal to receive, based on that objection, is always regarded as reasonable. The expediency of avoiding a possible conflict between his privileges as such, and his obligations as a subject or citizen, is considered reason enough in itself. ”

“ Was Consul General Baiz a person 'invested with and exercising the principal diplomatic functions,' within section 4130, or a 'diplomatic officer,' within section 1674? His counsel claim in their motion that he was 'the acting minister or charge d'affaires of the republics of Guatemala, Salvador, and Honduras, in the United States,' and so recognized by the state department, and that he exercised diplomatic functions as such, and therefore was a public minister, within the statute. ”

“ Hence, when in subdivision 5 of section 1674 of the Revised Statutes we find 'diplomatic officer' defined as including 'ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, charges d'affaires, agents, and secretaries of legation, and none others,' we understand that to express the view of congress as to what are included within the term 'public ministers,' although the section relates to diplomatic officers of the United States. ”