Memorandum from the State Department to President Harry S. Truman

DEPARTMENT OF STATE WASHINGTON P Y DECLASSIFIED E. O. 11652, Sec. 3(E) and 5(D) or (E) Dept. of State letter, Aug. 9, 1973 By NLT- HC . NARS Date 7.1.75 TOF SECRET MEMORANDUM FOR THE PRESIDENT Subject: The Vatican Problem The status of Mr. Taylor at the Vatican is that of personal representative of the President. While Mr. Taylor has the rank of Ambassador he is not an Ambassador required to be appointed and confirmed by the Senate within the meaning of the Constitution, because his position is temporary in character. This has been the consistent view of the State Department, and is based on historical precedents. These precedents include the instance when President Washington sent Governeur Morris to England and David Humphreys to Spain and Portugal, the missions of Mr. E. M. House to England and other European countries during the Presidency of Wilson and also the mission of Mr. Elihu Root and others to Russia in 1917 under President Wilson. Mr. Root was given the rank of Ambassador. The temporary character of the Taylor mission to the Vatican, although it has continued for a considerable period, is evidenced not only by public statements of the President but by the source of the funds made available for the expenses of the mission, namely the Emergency Fund for the President, available to "provide for emergencies affecting the national security and defense". For the reasons above stated the Act of 1867 which provides that "no money hereby or otherwise appropriated shall be paid for the support of an American Legation at Rome (the Vatican), from and after the thirtieth day of June, eighteen hundred and sixty- seven" does not apply. Mr. Taylor does not hold the office of Ambassador, and there is no American Legation at the Vatican. . RECORDS SERVICE By reason coverning