"If the diplomatic agent be of the fourth class, that is a chargé d'affaires not accredited to the Sovereign, his arrival is notified by letter to the Minister for Foreign Affairs, of whom alone an audience is requested, for the purpose of delivering the letters of credence." "In Republican States, Mr. Wheaton observes, the diplomatic agent is received in a similar manner by the Chief Executive Magistrate or Council charged with the foreign affairs of the Nation." * Diplomatic The rules of etiquette which long usage has Rules of established between diplomatic agents resident at Etiquette. the same foreign Court, and towards the members of the foreign Government, occupy many pages of some works upon International Law; but these rules, though their observance on the ground of convenience be very desirable, and their non-observance would denote ill-breeding in the State renouncing them, do not arrive at the dignity of laws, or attain the character of rights. † Merlin's remark is sound and just, says Sir Robert Phillimore, that there is but one general rule on this subject: namely, that public ministers should receive all the distinctions which etiquette and the manners of each Nation have determined, as marks of that estimation which is befitting." It must be remembered that custom may impart a value to a ceremony in itself indifferent, but which has become significant of the estimation in which the object of the ceremony is held. We have seen an instance of this in the honours of the salute paid to the flags of Nations. When usage has attached a * WHEATON. I. 270. MARTENS. § 206. Sir ROBERT PHILLI MORE. Vol. II. p. 259, et seq. WHEATON, I. 272. Ending of the mission. Recall or death of the . XXI 147 real value to a point of etiquette, the omission of it is not justifiable by any principle of International Law. Nevertheless, it must always be competent to a Sovereign to make alterations in the ceremonies of his Court; he must of course be prepared for two consequences-one would probably be, that foreign Nations will refuse to accredit diplomatic agents to him to be received upon the footing of these alterations; another, in all likelihood, would be, that he must submit himself to retaliatory alterations, in the persons of his own representatives at foreign Courts." * The international usages and practices with regard the altering, suspending and ending of the mission of the public minister by his promomore's statement. tion, replacing, recall or death, are described by Sir Robert Phillimore as follows. Diplomatic Robert Philli of a public minister may be: "The mission 1. Altered in its rank or character. 3. Entirely closed or ended." "It is altered in its character when the grade of the agent is heightened or lowered, when an envoy becomes an ambassador or vice versa, or when an ambassador, sent on an affair of ceremony, becomes a resident ambassador. By such changes as these the embassy is not suspended or ended, but only changed, as to its diplomatic rank or character. Various events may happen which suspend the functions of the agent; for instance the death of his Sovereign may have this effect only, though it may also end his mission. During this interval, however, he enjoys all the privileges of inviolability and exterritoriality which appertain to his office. These remain until his embassy be bonâ fide terminated, *MERLIN. S. IV. See also MARTENS, S. 184, , XXI and until he has left the territory of the State to which he has been accredited." * "The mission is ended by: 1. The lapse of a particular period, as in the case of an agent appointed ad interim, when the regular ambassador returns to his post. 2. By the accomplishment of the particular object of the mission, as in the case of an embassy sent for the purpose of congratulation, or to represent a State at a particular ceremony; or when there has been a special and limited object to the mission, which has either been attained or has failed. 3. By the death, abdication, or dethronement of the Sovereign accrediting the agent, or by the death of the Sovereign to whom he is accredited. In both these cases, according to international usage and practice, the agent must be accredited anew by his Sovereign; though, in cases in which it is known that his mission is only suspended, and that he will be re-accredited, it is usual to continue to transact business, sub spê rati, with him. 4. By the formal declaration of the agent, on account of some injury or insult, or of some pressing urgency, that his mission must be considered as closed. 5. By the act of the Court to which he is accredited, when that Court on the ground of his misconduct, or of a quarrel with his Government orders the agent to leave the territory, without waiting for his formal recall. 6. By the voluntary resignation of his office by himself. * MARTENS. I. IV. Chapt. 3. S. 148. MIRUSS. SS. 366-370. KLUBER. SS. 228-230. WHEATON. Dr. Int. I. SS. 23, 24. GROLiv. III. Chapt. XXI, 16. TIUS. СПАРТ. ХХI CHAMT47 7. By his recall by the Government which accredited him." "In the last-mentioned case it is usual for the agent to request an audience, more or less formal according to circumstances, with the Sovereign to whom he is accredited, and to deliver to him the order or letter recalling him (lettres de rappel, Züruckberufungsschreiben). He afterwards usually receives, in return, letters or papers to facilitate his return (what are termed lettres de recréance, recreditio), and his passport, and sometimes a present; but the Republic of the United States of America follows the example of the ancient Republic of Venice, and forbids her representatives to accept any such present." "At the death of a diplomatic agent, the first step that the secretary of legation—or, in his default, some minister of an allied Power-— takes, is to affix a seal upon his official papers, and, if necessary, upon his moveables. It is only a case of necessity that warrants the interference of the local authority. His corpse is entitled to a decent burial at the place of his death, or it may be removed for the purpose of interment elsewhere; and it is exempted from any mortuary dues usually payable in the country. All questions relating to his moveable property, whether he died testate or intestate, are, by a long established rule of international comity, determinable only by the laws of his domicile or of his own country. His moveables are also exempt from any kind of tax or impost (droit d' aubaine, detractis). It is usual also to continue to the widow, family, and suite of the deceased, the privileges and immunities incident to his office, for such limited period as may reasonably suffice to enable them to leave the country. * Sir ROBERT PHILLIMORE. Vol. II. p. 262, et seq. , XXII CHAPTER XXII. CONSULAR OFFICERS. Consular $148. The Consular mission was originally a Origin of the consequence of the state which is ordinarily called mission. exterritoriality and dates from the earliest period of commercial intercourse among Nations. It is traced historically as far back as the time of the Grecian colonisation on the shores of the Medit erranean. In the sixth century the laws of the Visigoths admitted of a sort of exterritoriality by stating that differences between resident strangers should be adjudicated by judges of the respective nationality in conformity with the respective foreign law. This system was more generally developed during the crusades which brought a general migration in their wake. Emperor Alexis conceded, in 1100, to the subjects of Pisa the right to establish in the Levant Consulates which were qualified to decide differences which might occur among subjects of the said nationality. This privilege was confirmed successively by Frederick I. in 1161, Otho IV. in 1209 and Frederick II. in 1220. The first Consul of the Venitians was sent to Aleppo in 1229, at the time of the Sixth Crusade. It was however not till the fall of the feudal system in Southern Europe and the revival of municipalities, with the consequent free commercial intercourse, that Consular institutions were brought into prominence and altered so as to be of more direct practical utility. This took place principally in the Mediterranean and Adriatic |