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between the two States. But even at those periods when the etiquette of European courts confined this privilege to ambassadors, such verbal conferences with the sovereign were never considered as binding official acts. Negotiations were then, as now, conducted and concluded with the minister of foreign affairs, and it is through him that the determinations of the sovereign are made known to foreign ministers of every class. If this observation be applicable as between States, according to whose constitutions of government negotiations may, under certain circumstances, be conducted directly between their respective sovereigns, it is still more applicable to representative governments, whether constitutional monarchies or republics. In the former, the sovereign acts, or is supposed to act, only through his responsible ministers, and can only bind the State and pledge the national faith through their agency. In the latter, the supreme executive magistrate cannot be supposed to have any relations with a foreign sovereign, such as would require or authorize direct negotiations between them respecting the mutual interests of the two States. (a) 122

§ 215. In the third class are included ministers, min- Ministers isters resident, residents, and ministers chargés d'affaires, of the third accredited to sovereigns. (a)

Chargés d'affaires, accredited to the ministers of foreign affairs of the court at which they reside, are either chargés d'affaires ad hoc, who are originally sent and accredited by their governments,

(a) Pinheiro-Ferreira, Notes to Martens, Précis du Droit des Gens, tom. ii.: Notes 12, 14.

[122 In the United States, it is the settled practice for all communications of a business character by foreign ministers to be made to the Secretary of State, and none to the President. This was settled in the case of M. Genet, the minister of the French Republic, who attempted to address President Washington directly with complaints as to his official conduct in relation to France. It is also settled, that messages from the President to Congress, as well as debates in Congress, are not proper subjects for notice by a foreign minister in correspondence with the Department of State. Mr. Jefferson to M. Genet, Aug. 19, 1793. Mr. Forsyth to Señ. Castillo, Dec. 16, 1835. Mr. Buchanan to Señ. de la Rosa, Feb. 15, 1849. Mr. Webster to M. Hülsemann, Dec. 21, 1850. Mr. Webster to Señ. de la Rosa, Feb. 21, 1851. Mr. Webster, in the case of M. Hülsemann, the Austrian Chargé d'Affaires, took the ground, that, as Chargé d'Affaires, he not only could not hold any direct intercourse on public affairs with the President, but, as matter of strict right, was not entitled to be presented to him. Letter of June 8, 1852.]—D.

(a) Martens, Précis, &c., liv. vii. ch. 2, § 194.

or chargés d'affaires per interim, substituted in the place of the minister of their respective nations during his absence. (b)

According to the rule prescribed by the Congress of Vienna, and which has since been generally adopted, public ministers take rank between themselves, in each class, according to the date of the official notification of their arrival at the court to which they are accredited. (c)

The same decision of the Congress of Vienna has also abolished all distinctions of rank between public ministers, arising from consanguinity and family or political relations between their dif ferent courts. (d)

A State, which has a right to send public ministers of different classes, may determine for itself what rank it chooses to confer upon its diplomatic agents; but usage generally requires that those who maintain permanent missions near the government of each other should send and receive ministers of equal rank. One minister may represent his sovereign at different courts, and a State may send several ministers to the same court. A minister or ministers may also have full powers to treat with foreign States, as at a Congress of different nations, without being accredited to any particular court. (e)

Consuls

and commercial

§ 216. Consuls, and other commercial agents, not being accredited to the sovereign or minister of foreign agents. affairs, are not, in general, considered as public ministers; but the consuls maintained by the Christian Powers of Europe and America near the Barbary States are accredited and treated as public ministers. (a)

Letters of § 217. Every diplomatic agent, in order to be received credence. in that character, and to enjoy the privileges and honors attached to his rank, must be furnished with a letter of credence. In the case of an ambassador, envoy, or minister, of either of the three first classes, this letter of credence is addressed by the sovereign, or other chief magistrate of his own State, to the sovereign

(b) Martens, Manuel Diplomatique, ch. 1, § 11.

(c) Recez du Congrès de Vienne du 19 Mars, 1815, art. 4.

(d) Ibid. art. 6.

(e) Martens, Précis, &c., liv. vii. ch. 2, §§ 199-204..

(a) Bynkershoek, de Foro Legatorum, cap. 10, §§ 4-6. Martens, Manuel Diplomatique, ch. 1, § 13. Vattel, liv. ii. ch. 2, § 34. Wicquefort, de l'Ambassadeur, liv. i. § 1, p. 63.

or State to whom the minister is delegated. In the case of a chargé d'affaires, it is addressed by the secretary, or minister of state charged with the department of foreign affairs, to the minister of foreign affairs of the other government. It may be in the form of a cabinet letter, but is more generally in that of a letter of council. If the latter, it is signed by the sovereign or chief magistrate, and sealed with the great seal of State. The minister is furnished with an authenticated copy, to be delivered to the minister of foreign affairs, on asking an audience for the purpose of delivering the original to the sovereign, or other chief magistrate of the State, to whom he is sent. The letter of credence states the general object of his mission, and requests that full faith and credit may be given to what he shall say on the part of his court. (a)

Full power.

§ 218. The full power, authorizing the minister to negotiate, may be inserted in the letter of credence, but it is more usually drawn up in the form of letters-patent. In general, ministers sent to a Congress are not provided with a letter of credence, but only with a full power, of which they reciprocally exchange copies with each other, or deposit them in the hands of the mediating power or presiding minister. (a)

Instructions.

§ 219. The instructions of the minister are for his own direction only, and not to be communicated to the government to which he is accredited, unless he is ordered by his own government to communicate them in extenso, or partially; or unless, in the exercise of his discretion, he deems it expedient to make such a communication. (a) 123

Passport.

§ 220. A public minister, proceeding to his destined post in time of peace, requires no other protection than a passport from his own government. In time of war, he must be provided with a safe-conduct or passport, from the government of

(a) Martens, Précis, &c., liv. vii. ch. 3, § 202. Wicquefort, de l'Ambassadeur, liv. i. § 15.

(a) Wicquefort, liv. i. § 16. Martens, Précis, &c., liv. vii. ch. 3, § 204. Manuel Diplomatique, ch. 2, § 17.

(a) Manuel Diplomatique, ch. 2, § 16.

[123 It is understood that a Minister of Foreign Affairs may decline to hear a despatch, or other written communication, read to him by a diplomatic agent, unless a copy is left with him. The reason is, that it puts him to the disadvantage of being obliged to trust to his memory, while the other party to the interview has the writing. In case of verbal communications, the two parties are on an equality.] — D.

the State with which his own country is in hostility, to enable him to travel securely through its territories. (a) 124

Duties of a public minister, on

his post.

§ 221. It is the duty of every public minister, on arriving at his destined post, to notify his arrival to the arriving at minister of foreign affairs. If the foreign minister is of the first class, this notification is usually communicated by a secretary of embassy or legation, or other person attached to the mission, who hands to the minister of foreign affairs a copy of the letter of credence, at the same time requesting an audience of the sovereign for his principal. Ministers of the second and third classes generally notify their arrival by letter to the minister of foreign affairs, requesting him to take the orders of

(a) Vattel, liv. iv. ch. 7, § 85. Manuel Diplomatique, ch. 2, § 19. Flassan, Histoire de la Diplomatie Française, tom. v. p. 246.

[124 Passports.-The theory and practice respecting passports to private citizens in time of peace seems to be this: each nation, as part of its internal system, may withhold the right of transit through its territory. Permissions to foreigners to pass through it are properly passports; and, in strictness, a foreigner would be obliged to obtain a new passport at the boundaries of each nationality, and each national authority might subject him to an examination to ascertain his character and citizenship. To avoid these inconveniences, a system is adopted by which a citizen, leaving his own country for another, obtains from his own government what is called a passport, and is so, as respects a right to leave his own country; but, in respect to foreign countries, is rather a certificate of citizenship, with such a description of the person, and usually with his autograph appended, as will serve to identify the bearer, and prevent the document being transferred. The presenting of this at the entrance to a foreign country serves to authenticate and identify the bearer; and the foreign government, instead of granting a passport, gives its assent to the bearer's passing through, in the form of a vise upon the document itself. This is especially convenient to the traveller in 'going through several countries, and enables the local governments to examine and authenticate the person and document at various points, attested by fresh visés. Where a person away from home desires a passport or certificate from his own government, one may be given him by the diplomatic agent of that government. Each nation has its rules as to who may give and receive these passports; and compliance with them is expected to satisfy foreign governments, in respect to forms. As this passport from one's own government attests to no privilege, but simply certifies private citizenship, it furnishes no exemption from the jurisdiction of the country which receives him. The most that can be claimed for it is, that it is a request to foreign governments to admit the bearer, with the privileges and obligations of a foreign citizen. It would seem plain, that a diplomatic officer abroad could give no passport to any person who did not stand in some relation with that officer's country; if not as a citizen or subject, perhaps as in its employment. An exception to this rule would be irregular, and amount to no more than a request addressed to the courtesy of other governments for reasons which should be stated. Martens, Précis, liv. iii. ch. 3, § 84; liv. vii. ch. 5, § 219. Pinheiro-Ferreira, title "Passport." U. S. Laws, xi. ch. 127, § 23; and xii. ch. 79, § 23.] -D.

the sovereign, as to the delivery of their letters of credence. Chargés d'affaires, who are not accredited to the sovereign, notify their arrival in the same manner, at the same time requesting an audience of the minister of foreign affairs for the purpose of delivering their letters of credence.

ereign, or

trate.

§ 222. Ambassadors, and other ministers of the first Audience class, are entitled to a public audience of the sovereign; of the sovbut this ceremony is not necessary to enable them to chief magisenter on their functions, and, together with the ceremony of the solemn entry, which was formerly practised with respect to this class of ministers, is now usually dispensed with, and they are received in a private audience, in the same manner as other ministers. At this audience the letter of credence is delivered, and the minister pronounces a complimentary discourse, to which the sovereign replies. In republican States, the foreign minister is received in a similar manner, by the chief executive magistrate or council, charged with the foreign affairs of the nation. (a)

§ 223. The usage of civilized nations has established a Diplomacertain etiquette, to be observed by the members of the tic etiquette. diplomatic corps, resident at the same court, towards each other, and towards the members of the government to which they are accredited. The duties which comity requires to be observed, in this respect, belong rather to the code of manners than of laws, and can hardly be made the subject of positive sanction; but there are certain established rules in respect to them, the non-observance of which may be attended with inconvenience in the performance of more serious and important duties. Such are the visits of etiquette, which the diplomatic ceremonial of Europe requires to be rendered and reciprocated, between public ministers resident at the same court. (a)

§ 224. From the moment a public minister enters the Privileges

minister.

territory of the State to which he is sent, during the time of a public of his residence, and until he leaves the country, he is entitled to an entire exemption from the local jurisdiction, both civil and criminal. Representing the rights, interests, and dignity of the sovereign or State by whom he is delegated, his person is

́(a) Martens, Manuel Diplomatique, ch. 4, §§ 33–36.
(a) Ibid. ch. 4, § 37.

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