. XXI "The third, or intermediate class, created by the Conference of the Five Powers at Aix-laChapelle, in 1818, is composed of what are called ministres résidents, accredited to the Sovereign." "The fourth, usually denominated the third class, includes chargés d'affaires (Geschäftsträger) accredited to the minister of foreign affairs; either such as are originally sent and accredited ad hoc, or who have been nominated, either verbally or by writing, ad interim, during the absence of the minister, or accredited to Courts to which it is not customary to send a formally constituted minister. The ceremonial honours to which this class may be entitled appear doubtful, but they are entitled to the immunities of recognized diplomatic agents, though without the formal character of ministers. To this class belong consuls, being accredited as diplomatic agents or public ministers, such as are maintained by the Christian Powers of Europe and America at the Courts of the Barbary States or in Egypt." "These different orders of ministers, it must be observed, can only be distinguished by the ceremonial honours accorded to them; and, in fact, these divisions, which make the difference of order depend upon the difference of ceremonial are strictly speaking, illogical. * For if upon this principle of distinction, it were asked why the ambassador enjoyed greater honours than the envoy, it must be answered, because the former belongs to the first, and the latter to the second class; and if it were asked why the former belonged to the first, and the latter to the second class, it must be answered, because the former is an ambassador and the latter an envoy. The only sound and logical division is that which is * DE MARTENS. $192, Note of Mr. Pinheiro Ferreira. founded on the true principle of general International Law, viz., as regard the character of the affair, evidenced by his credentials (mandatum, Mandat), entrusted to the management of the agent, whatever be his title. There is a clear distinction, according to the nature of things between agents (plénipotentiaires) accredited by one Sovereign to another Sovereign, and agents (chargés d'affaires), accredited by one Minister for Foreign Affairs to another Minister for Foreign Affairs." "According to the fourth article of the Congress of Vienna (1815) the rank of diplomatic agents, between themselves, was to be determined by reference to the date of the official notification of their arrival at the Court to which they are accredited; and by the sixth article, all distinctions of rank between diplomatic ministers, arising out of the ties of consanguinity and the domestic or political relations of their respective Courts, are abolished." "Every State may determine for itself what rank it will confer upon its diplomatic agents, nor is it restricted by International Law as to their number, their sex, their religion, or their station, whether lay or clerical, military or civil, unless in cases opposed to a fundamental law of the receiving State. It is usual for States to send and receive diplomatic agents of equal rank." "A diplomatic agent may be accredited at one and the same time to various States. A diplomatic agent may be fully empowered to negotiate with foreign States, as at a Congress of different Nations, without being accredited to any particular Court or he may be accredited by a third State to mediate between two other States.' "The legal status of mere agents employed, on behalf of Governments or princes, in foreign Letters of countries, is not very clearly defined by any writer upon International Jurisprudence. It is clear, however, that agents employed in adjusting private claims of the Sovereign or negotiating a loan, commissioners to settle boundaries, and the like, are not virtute officii clothed with the immunities of a diplomatic agent. The same remark applies to secret emissaries of a State, though sent with the permission of the foreign State into its territory. These commissioners or emissaries, though furnished perhaps with letters of recommendation from their Sovereign, and therefore entitled to more consideration than private individuals, are not accredited, and therefore cannot claim the jus legationum. If, however, the State clothe them with diplomatic powers, and accredit them to a foreign State, they become entitled to the immunities of a diplomatic agent. This is also the case with deputies sent to a Congress on behalf of a Confederation of States, if they be accredited." "The whole question depends upon whether or no the constituent body has been competent, and has intended to clothe them with a ministerial character."* § 147. The mission of the public minister begins as soon as he receives his letters of credence (lettres de créance, creditia, Credentialien, Beglaubigungs-schreiben) from his Sovereign or the Chief Magistrate of his State accompanied with his instructions, through the Minister or Secretary of State for Foreign Affairs. The letters of credence are addressed by the Sovereign or Chief Magistrate of the sending State to that of the receiving State. In the case of a chargé d'affairs Sir * DE MARTENS. §§ 193-203. VATTEL. Liv. IV. Chapt. VI. §§ 75-78. KLUBER. §§ 171-187. HEFFTER. §§ 208-222. Vol. II. Edit. 1882. p. 248, et seq. ROBERT PHILLIMORE, the credentials are addressed by one Minister of Foreign Affairs to another. * The letters of credence contain the general purport of the mission and the name and class of the diplomatic agent with the request that faith may be given to his representations on the part of his principal; to which is added "especially when he (the agent) gives you the assurance of our friendly feelings, high consideration and esteem; sometimes being variated by the terins "inviolable attachment, 99.66 "perfect friendship," or the like complimentary clause. † (plein pouvoir). The full power (plein pouvoir, Vollmacht) is a The Full Power. separate instrument distinct from the letters of credence. It is drawn up in the form of letters patent (mandatum procuratorium) empowering the diplomatic agent to negotiate. It is the full power, says Robert Phillimore, whether it be a separate instrument or contained in the letters of credence, which founds the authority of the diplomatic agent as the representative of his Sovereign, and the terms of it are binding on him and his principal, though at variance with secret instructions. The full power may be general or special. The general full power (mandatum illimitatum) capacitates the holder of it for all the usual diplomatic functions, or for negotiating generally with a foreign State. The special full power (mandatum limitatum) authorizes the holder of it to transact only a particular business; the limits of his authority are defined, and out of these he cannot travel. If these powers be granted to several persons, it should be expressed in the document, * DE MARTENS. § 202. † BARON CHARLES DE MARTENS. Guide Dipl. Vol. II. p. 516, et seq. Audience for the Letter of Credence. . XXI 147 whether they may act severally or only jointly in the execution of their office. * With regard to the ceremonials connected with delivery of the the arrival and audience of an accredited diplomatic agent, Sir Robert Phillimore states the following as international usage and practice. "Every diplomatic agent must notify his arrival to the Minister for Foreign Affairs. If the diplomatic agent be of the first class, his arrival is communicated through the secretary of the embassy, or some other gentleman (Gesandtschaftscavalier) attached to the mission. He delivers a copy of the letters of credence to the Minister for Foreign Affairs and requests an audience for his principal with the Sovereign. This audience may be either public or private; diplomatic agents of the first class are alone entitled to the former. But this audience is not a necessary preliminary to entering upon the performance of his functions. † This public audience used to be preceded by a solemn entry (entrée solennelle); this ceremony has now fallen into general desuetude. At the audience, which is now usually private, the letters of credence are delivered, a complimentary speech is made by the ambassador and replied to by the Sovereign. "If the diplomatic agent be of the second or third class, his arrival is notified by a letter to the Minister for Foreign Affairs, who is requested to take the orders of his Sovereign respecting the delivery of the letters of credence. The Sovereign usually receives them at a private audience, at which the Minister for Foreign Affairs restores to them their letters of credence. || * PHILLIMORE. Vol. II. p. 257. MARTENS. § 206. MIRUSS. § 307. WHEATON. I. 270. "Au reste, said Martens, toute cette pénible cérémonie de l'audience solennelle est peu nécessaire, même à un ambassadeur, pour entrer en fonctions," &c. MARTENS. $207. MIRUSS, $311. |