§ 8. Full

The full power, authorizing the minister to negotiate, power. 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.1

§ 9. In

The instructions of the minister are for his own direcstructions. tion 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.2

§ 10. Passport.

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 the State with which his own country is in hostility, to enable him to travel securely through its territories.3

ties of a

his post.

§ 11. Du- It is the duty of every public minister, on arriving at public his destined post, to notify his arrival to the minister of minister, on foreign affairs. If the foreign minister is of the first arriving at 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 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

1 Wicquefort, liv. i. § 16. Martens, Précis, &c., liv. vii. ch. 3, § 204. Manuel Diplomatique, ch. ii. § 17.

2 Manuel Diplomatique, ch. 2, § 16.

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

283

audience of the minister of foreign affairs for the purpose of delivering their letters of credence.

but

dience of

chief magis

Ambassadors, and other ministers of the first class, 12. Auare entitled to a public audience of the sovereign ; the sovethis ceremony is not necessary to enable them to enter reign, or on their functions, and, together with the ceremony of trate. 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.1

§ 13. Diplomatic

The usage of civilized nations has established a certain etiquette, to be observed by the members of the 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 nonobservance 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.2

a public

From the moment a public minister enters the terri- § 14. Pritory of the State to which he is sent, during the time vileges of of his residence, and until he leaves the country, he is minister. 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 sacred and inviolable. To give a more lively idea of this complete exemption from the local jurisdiction, the fiction

1 Martens, Manuel Diplomatique, ch. 4, §§ 33-36.

2 Manuel Diplomatique, ch. 4, § 37.

of extraterritoriality has been invented, by which the minister, though actually in a foreign country, is supposed still to remain within the territory of his own sovereign. He continues still subject to the laws of his own country, which govern his personal status and rights of property, whether derived from contract, inheritance, or testament. His children born abroad are considered as natives. This exemption from the local laws and jurisdiction is founded upon mutual utility, growing out of the necessity that public ministers should be entirely independent of the local authority, in order to fulfil the duties of their mission. The act of sending the minister on the one hand, and of receiving him on the other, amounts to a tacit compact between the two States that he shall be subject only to the authority of his own nation.1

The passports or safe conduct, granted by his own government in time of peace, or by the government to which he is sent in time of war, are sufficient evidence of his public character for this purpose.2

§ 15. Exceptions to

This immunity extends, not only to the person of the the general minister, but to his family and suite, secretaries of legation and other secretaries, his servants, movable effects, and the house in which he resides.3

rule of exemption from the local juris

diction. The minister's person is, in general, entirely exempt both from the civil and criminal jurisdiction of the country where he resides. To this general exemption there may be the following exceptions:

1. This exemption from the jurisdiction of the local tribunals and authorities does not apply to the contentious jurisdiction,

1 Grotius, de Jur. Bel. ac Pac. lib. ii. cap. 18, § 1-6. Rutherforth's Inst. vol. ii. b. ii. ch. 9, § 20. Wicquefort, de l'Ambassadeur, liv. i. § 27. Bynkershoek, de Jure Competent. Legat. cap. 5, 8. Vattel, Droit des Gens, liv. iv. ch. 7, §§ 81125. Martens, Précis, &c., liv. vii. ch. 5, §§ 214-218. Klüber, Droit des Gens Moderne de l'Europe, Pt. II. tit. 2, § 203. Fœlix, Droit International Privé, § 184. Wheaton, Hist. Law of Nations, pp. 237-243.

2 Vattel, liv. iv. ch. 7, § 83.

3 Grotius, de Jur. Bel. ac Pac. lib. ii. cap. 18, §§ 8, 9. Bynkershoek, de Foro Competent Legat. cap. 13, § 5, cap. 15, 20. Vattel, liv. iv. ch. 8, § 113; ch. 9, SS 117-123. Martens, Précis, &c., liv. vii. ch. 5, §§ 215-227; ch. 9, §§ 234-237. Felix, §§ 184-186.

which may be conferred on those tribunals by the minister voluntarily making himself a party to a suit at law.1

2. If he is a citizen or subject of the country to which he is sent, and that country has not renounced its authority over him, he remains still subject to its jurisdiction. But it may be questionable whether his reception as a minister from another power, without any express reservation as to his previous allegiance, ought not to be considered as a renunciation of this claim, since such reception implies a tacit convention between the two States that he shall be entirely exempt from the local jurisdiction.2

3. If he is at the same time in the service of the power who receives him as a minister, as sometimes happens among the German courts, he continues still subject to the local jurisdiction.3 (a)

4. In case of offences committed by public ministers, affecting the existence and safety of the State where they reside, if the danger is urgent, their persons and papers may be seized, and they may be sent out of the country. In all other cases, it appears to be the established usage of nations to request their recall by their own sovereign, which, if unreasonably refused by him, would unquestionably authorize the offended State to send away the offender. There may be other cases which might, under circumstances of sufficient aggravation, warrant the State thus offended in proceeding against an ambassador as a public enemy, or in inflicting punishment upon his person, if justice should be refused by his own sovereign. But the circumstances which would authorize such a proceeding are hardly capable of precise definition, nor can any general rule be collected from the examples to be found in the history of nations, where public ministers have thrown off their public character, and plotted against the safety of the State to which they were accredited. These anomalous exceptions to the general rule resolve them

1

Bynkershoek, cap. 16, §§ 13-15. Vattel, liv. iv. ch. 8, § 111. Martens, Précis, &c., liv. vii. ch. 5, § 216. Merlin, Répertoire, art. Ministre Publique, sect. V. § 4, No. 10.

3 Martens, Manuel Diplomatique, ch. 3, § 23.

(a) [The German Diet refuse to receive any citizen of Frankfort as of a confederated State, except from the city itself. Klüber, § 186.].

minister

selves into the paramount right of self-preservation and necessity. Grotius distinguishes here between what may be done in the way of self-defence and what may be done in the way of punishment. Though the law of nations will not allow an ambassador's life to be taken away as a punishment for a crime. after it has been committed, yet this law does not oblige the State to suffer him to use violence without endeavoring to resist it.1

§ 16. Personal exemption extending

to his family,

secretaries, servants,

&c.

The wife and family, servants and suite, of the minister, participate in the inviolability attached to his public character. character. The secretaries of embassy and legation are especially entitled, as official persons, to the privileges of the diplomatic corps, in respect to their exemption from the local jurisdiction.2

The municipal laws of some, and the usages of most nations, require an official list of the domestic servants of foreign ministers to be communicated to the secretary or minister of foreign affairs, in order to entitle them to the benefit of this exemption.3 (a)

It follows from the principle of the extraterritoriality of the minister, his family, and other persons attached to the legation, or belonging to his suite, and their exemption from the local laws and jurisdiction of the country where they reside, that the

1 Grotius, de Jur. Bel. ac Pac. lib. ii. cap. 18, § 4. Rutherforth's Inst. vol. ii. b. ii. ch. 9, § 20. Bynkershoek, de Foro Competent. Legat. cap. 17, 18, 19. Vattel, liv. iv. ch. 7, §§ 94-102. Martens, Précis, &c., liv. vii. ch. 5, § 218. Ward's Hist. of the Law of Nations, vol. ii. ch. 17, pp. 291-334. Wheaton's Hist. Law of Nations, pp. 250-254.

2 Grotius, lib. ii. cap. 18, § 8. Bynkershoek, cap. 15, 20. Vattel, liv. iv. ch. 9, § 120-123. Martens, Précis, &c., liv. vii. ch. 5, § 219; ch. 9, §§ 234-237. Fœlix, $ 184.

3 Blackstone's Commentaries, vol. i. ch. 7. LL. of the United States, vol. i. ch. 9, § 26.

(a) [The French code makes no provision for the case of the violation of the rights of ambassadors. One was reported declaring that they were not amenable to the tribunals of France, either for civil or criminal matters; but it was stricken out by the Council of State, at the suggestion of Portalis, that whatever regarded ambassadors belonged to the law of nations, and that it had no place in a municipal code. Fœlix, § 167. See also the same work, § 168, and the following sections, for the provisions of other countries as to the rights of ambassadors.]