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said in Poland of a French envoy, that as he did not return home according to the custom of ambassadors, he ought to be considered as a spy. And a century afterwards Bynkershoek (de for. leg. § 1) defines ordinary legates as those who "non unius sed omnium rerum, atque adeo et explorandi ergo in amicorum aulis habentur." Grotius affirms (Cent. XVII. in the middle) that legationes assidue may, without infringement of rights, be rejected by nations, being unknown to ancient practice (II. 18. 3). But the usage is now fixed among all nations of European origin: and ambassadors by remaining in foreign countries serve the interests of their own state in various ways, far more than persons could who should be sent abroad on special occasions. In fact, to attempt to break away from the usage might be regarded as indicating a want of comity, if not of friendship. But although the sending of ambassadors and even of resident ambassadors seems almost essential to a participation in the international law of Christendom, there are some few of this circle of nations who hold no such communication with each other. England and some other Protestant states entertain no ministers at the Pope's court, nor does he at theirs. On the other hand, the principal Christian states keep up diplomatic relations with some states out of their pale of civilization and religion, as with Turkey, Persia and China, sending temporary ambassadors to the latter, and ordinary ones to the two former.

§ 90.

Is there any obliambassadors.

The question whether a nation is bound to receive the ambassador of another, depends on the question of the right of intercourse which has been already gation to receive considered. Nor is it impossible that intercourse commercial, if not political, should subsist without such an agent. But if a nation has already entered into diplomatic ties with another, to dissolve them is a breach of friendship, and is often the step immediately preceding war. By treaty

resident in a town where they had a depot of their goods, and transferred to the agent of a prince. See Hüllmann, Städtewesen des Mittelalt. I. 202.

or usage, a right had sprung up, which, together with the duty of comity, the dismissal of an ambassador invaded.

But these are exceptions to the rule that nations cannot suspend their diplomatic intercourse, already established, without offence. (1.) A nation may refuse to receive any ambassador when the sovereignty of the party sending him is doubtful. This may happen when a state is convulsed by civil war, both factions in which claim to exercise sovereignty, and when a new government after a revolution is not yet fully established. (2.) A nation or sovereign may refuse to receive a parti cular individual as the representative of a foreign power without giving cause of offence. Thus, it is held that a sovereign is not bound to receive his own subject in this capacity, on the ground that the privileges of his office would place him beyond the reach of the native jurisdiction. So a person who has rendered himself obnoxious, or is of a notoriously bad character, may be rejected. Richelieu told the English ambassador at Paris, that the Duke of Buckingham would not be accepted as ambassador extraordinary; and at an earlier date, Francis I. of France refused Cardinal Pole as the Pope's legate, on the ground of his being a personal enemy of the king's ally, Henry VIII. of England. (3.) A state or sovereign may refuse to receive a minister sent on an errand inconsistent with its dignity or interests. The United Provinces, during their struggle for independence, declined treating with envoys from friendly German powers, bearing proposals of peace incompatible with their honor; and Elizabeth of England rejected the nuncio of Pius IV., sent to invite her to appoint deputies for the Council of Trent, because his mission might have the ulterior object of stirring up disaffection among the English.

§ 91.

The right of sending ambassadors is an attribute of soverRight of sending eignty, but the power of appointing them may be ambassadors. vested in some representative of the sovereign. Thus, in this country, it is exercised by the President and senate, or during the recess of the senate, by the President

alone, subject to their confirmation or rejection; and it has sometimes been intrusted to the commander of an army. Can a deposed sovereign, a monarch without a kingdom, perform this function? In the case mentioned by Mr. Ward (II. 292– 295) of Leslie, Bishop of Ross, calling himself ambassador of Mary, Queen of Scots, who was then after dethronement a prisoner in England, the lawyers consulted by the government decided, that "the solicitor of a prince lawfully deposed, and another being invested in his place, cannot have the privilege of an ambassador, for that none but princes and such other as have sovereignty may have ambassadors." The word lawfully seems to make the opinion futile, for who is to decide. The word actually would have better agreed with that safe usage, which is a part of international law, of acknowledging the sovereign de facto, and to which the United States have ever adhered. When James II. lived in exile, his ambassadors were received as those of the sovereign de jure by a part of the European states. The more common practice we apprehend to be for sovereigns who sympathize with a deposed prince to hold communications with him by persons not openly sustaining the character of envoys. The whole matter may be disposed of in a word: nations and sovereigns, according to their biases, will be quick or slow to recognize a revolutionary government; some will cling to the old as long as they can, others will fall into the current of things sooner or later, but fall into it at length they will. And if an actual sovereign feels himself injured by the acknowledgment of the claims of a deposed one, such conduct will be attributed to hostile feeling, and may provoke war. The acknowledgment of the sovereignty of a new state is sometimes first made by receiving its ambassadors.

A protected or dependent state may employ political and other agents, but generally cannot send ambassadors either to the principal state or to third powers without the consent of the former.* The peace of Kainardsché, in 1774, allowed the

Bynkershoek disposes of this subject as follows: Quæst. J. P. II., § 3. "I should not be willing to say, as some do, that no one rightfully sends legates saving the sovereign, for thus we should have to do away with legates of provinces and

Hospodars of Moldavia and Wallachia to send each a chargé d'affaires of the Greek religion, and with the privileges conceded by the law of nations, to Constantinople. The members of a confederation may, or may not, exercise this right, according to the nature of the compact: no state of our confederation "shall, without consent of congress, enter into any agreement or compact with a foreign power," or "enter into any treaty, alliance, or confederation ;" and the power of appointing ambassadors being vested elsewhere, they are, perhaps, by that provision of the constitution also, cut off from the exercise of a similar function. But the members of the German confederation can severally entertain their representatives at foreign

courts.

A messenger sent from a province, or revolted portion of a country to the sovereign, not being an ambassador, has no rights of one. Bad, then, as the act was, when Philip II. of Spain detained two noblemen sent from the Low Countries in 1566, and finally had them put to death, it was no offence against the rights of legation. (Bynkersh. Quæst. J. P. II., § 3.)

An ambassador being the representative of a sovereign, it follows that the power of choice lies with him, and thus, as it respects the country, religion, rank, etc., of the ambassador, no complaint can be made by the foreign state, except so far as a slight or intention to insult may be inferred from the circumstances of the case.* Formerly it was not an unfrequent thing towns, of whom there has been, and still is, a great abundance. I should rather say, that every one can send legates in the discharge of that business which he has the power of doing, but that according to the dignity of the sender they have different rights, and are held in different degrees of honor. If a prince in his own right sends them, they have the full rights of legates; if another, the whole thing depends on the will of him to whom they are sent," etc. But thus the question becomes one of words. Have these legates the privileges of ambassadors, and is a prince or state in any way bound to receive them? If not, can they be ranked in the same class? * Even women have been acknowledged as representatives at foreign courts, but more frequently have been secret emissaries. The wife of Marshal Guebriant acted in this capacity for France, at the court of Ladislas IV., King of Poland, in 1646. The noted Chevalier d'Eon, who, after inferior diplomatic employments, was appointed French ambassador at London, was thought to be a woman, but was not. Comp. Klüber, §-186, note.

for a native of one country to serve as the ambassador from another in the land where he owed allegiance. But, as we have already said, some nations,-as France, under the old regime and the first empire, and the United Provinces from 1727,-refused to receive native-born persons in this capacity. When, however, nationality has been transferred in accordance 'with the laws of the states concerned, there can be no objection against such ministers, unless it be of a personal nature. In some Catholic countries, again, in Austria, Spain, and France, the usage has prevailed that the sovereign of the land shall nominate the nuncio whom he receives from the Pope; the reason for which usage lies probably in the fear of papal interference, and of unacceptableness with the native clergy.

Sometimes smaller sovereigns have concurred in appointing the same person as their ambassador, and sometimes the same person has held this office for his sovereign at several courts.

When an ambassador is sent abroad, there must be some evidence of his official position. For this purpose he is furnished with credentials certifying his diplomatic character and rank; namely with a letter of credence, (lettre de créance,) sometimes, also, with one of recommendation, and with a full power, indicating the subjects on which he is authorized to treat, and the amount of power with which he is invested. According to their rank some agents of foreign governments are directly accredited to a sovereign, and others to his minister of foreign affairs. Until such credentials are presented, a foreign government may reject, or on other evidence receive, the person claiming to be an ambassador, according to its pleasure.

§ 92 a.

An ambassador, from the time of his entrance into the foreign country in that character, until the time Privileges of am when, at the expiration of his office, he leaves the bassadors. country, has in modern days enjoyed very great privileges or immunities, which even the breaking out of war before he can leave the country will not terminate. Even before he has had opportunity to show his credentials to the proper department

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