CHAPTER IX.

AMBASSADORS.-DIFFERENT CLASSES OF PUBLIC

MINISTERS.

CCXI. THE Romans, and indeed the ancients generally, recognised but one class of diplomatic agents, whom they usually designated by the terms oratores or legati.

In Europe these terms found their translation at first in the generic term of Ambassadors (a), or in some equivalent designation of a single class. Since the fifteenth or sixteenth century, the refinements and the vanity (b) of European Courts have introduced various grades of diplomatic agency into the positive Law of Nations, which are only so far of importance inasmuch as different ceremonial privileges are attached to the different degrees of legation.

But to the accredited public minister of every State, whatever be his designation, the rights of inviolability and the privileges of exterritoriality appertain with equal certainty and strength (c).

(a) Ambassadeurs, Embaxadores, Ambaciatori; perhaps from the Spanish embiar, to send, or more probably, regard being had to the similarity of the word in various languages, from ambactus (Botschafter, Gesandter).

(b) And the economy, it should seem, less expense and state being necessary for the minister of inferior rank. According to Vattel, Louis XI. set the example.-L. iv. c. vi. s. 69.

There have been two classes, Klüber says, since the beginning of the sixteenth, and three since the beginning of the eighteenth century.— S. 179.

(c) "Legati varia nunc nomina rem ipsam idem sunt."-Bynk. De Foro Leg. c. 1.

"Quæcunque autem legatorum nomina sint et quæcunque legatio sive

CCXII. Equally unknown to the ancients was the modern distinction of Ordinary, or Resident (d), and Extraordinary Ambassadors.

The Romans, safe, as they reasonably concluded, in the vastness of their empire, from foreign invasion, and having but little commerce with other nations, neither required nor instituted any resident embassy in foreign countries.

CCXIII. The breaking up of this vast empire into various kingdoms introduced that necessity, which, under the gigantic domination of Rome, had not existed.

It was not, however, till after the Peace of Westphalia (1648) that the institution of permanent embassies, though beginning, contemporaneously with standing armies, to take root soon after the fifteenth century, can be said to have become the established practice of nations (e). It was about this period that the rights of legation began to be ascertained with the careful minuteness which distinguishes this part of positive International Law.

CCXIV. Before the close of the fifteenth century, a second order, and during the eighteenth century a third order, of diplomatic agents appears to have sprung up (f); and since the Congress of Vienna, in 1815, and the protocol of Aix-laChapelle (g), in 1818, to which Austria, France, Great

ordinaria, sive extraordinaria, quamvis et pro mittentis et pro missi dignitate et titulo alius atque alius legatis habeatur honor, id tamen constare debet, si, ut oportet, ex jure gentium causam æstimemus, legati personam semper atque sancte habendam, semper æque custodienda jura, quæ legatis, tanquam legatis, debentur."-Bynk, ibid.

All classes of diplomatic agents have equally the "jus revocandi domum."-Ibid.

Britain, Prussia, and Russia were parties, the diplomatic hierarchy has consisted, technically speaking, of four orders, classified as follows:

The first class is composed of ambassadors, ordinary and extraordinary (h), as their mission be limited or indeterminate in point of time, Papal legates, a or de latere, and nuncios, ordinary or extraordinary.

CCXV. All these diplomatic agents enjoy, in the fullest manner, the privileges incident to what is universally called the representative character, by virtue of which they represent their Sovereign or State, not only in the conduct of affairs at a foreign court, but they also represent (i) the person of the Sovereign or State, and are by usage entitled, speaking generally, to the honours which the Sovereign or the State (if it could be conceived to be present) would receive.

This idea of the full representative character in the agent, had no doubt its origin in the fundamental constitution of Monarchical States, because it was possible to represent the person of the Monarch; but Republican States, nevertheless, have imitated the example.

CCXVI. Legates a latere must not be confounded with another class of Papal agents designated Nuncios (k).

The legates a latere are sent by the Pope into Roman Catholic countries, to exercise, in his name, the spiritual

(h) E.g. such as are sent on embassies of congratulation, condolence, or excuse (Miruss, s. 86), or to adjust some particular dispute, although there be a resident ambassador.

Martens, s. 193.

(i) Merlin (Rép., Ministre public, s. 1.), however, says, "Nous disons que, dans un tel ministre, la représentation est presque parfaite, car elle ne l'est pas absolument: quels que soient les honneurs qu'on rend à un ambassadeur, ils n'égalent jamais et nulle part ceux qu'on rendrait à un souverain en personne; et c'est l'embarras de l'étiquette, à l'égard d'un souverain se trouvant en pays étranger, qui a fait imaginer l'incognito." (k) The Legate is selected from the cardinals, but not the Nuncio, Vide post.

Merlin, ibid.

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functions which depend upon his recognition as Head of the Church.

The nuncios are ambassadors sent to foreign courts to represent the Pope in the conduct of his affairs, of whatever kind they may be (1).

CCXVII. The division of ambassadors and nuncios into ordinary and extraordinary had its origin in the distinction between permanent or indeterminate missions, and those which had for their object the transaction of an extraordinary, particular, and determinate business.

In modern practice, however, the title "extraordinary" is given occasionally, as a title of greater honour, even to ambassadors destined to a residence, for an indeterminate period, at the court to which they are sent (m).

CCXVIII. Diplomatic agents of this first class can only be sent by States, whether monarchical or republican, entitled to royal honours. That is to say, if an inferior State accredit an ambassador of the first class, he will not be received (n) by the great European powers. It is impossible, however, to maintain, as has been attempted, that the right to send ambassadors is confined to monarchies, or to deny that the rank of the ambassador, abstractedly speaking, depends upon the sending and not upon the receiving State (o).

CCXIX. The second class comprises Envoys (Envoyés, Ablegati, Prolegati, Inviati) Ordinary and Extraordinary. Ministers Plenipotentiary (Plena potentia muniti, Ministres plénipotentiaires, bevollmächtige Gesandten, Minister).

(1) Vide post, Chapter on RELIGION AND THE STATE.

(m) Martens, ubi supr.

(n) If he be received at all, it must be according to his credentials.— Vattel, 1. iv. c. vi. s. 76. l'ide post.

(0) Miruss, s. 113.

Heffters, s. 209.

Martens, s. 198.

Vattel, 1. iv. c. vi. s. 78.

The Austrian Minister at Constantinople, who appears to be by custom exclusively designated as Internuncius.

The Internuncio of the Pope.

CCXX. The third, or intermediate class, created by the Conference of the Five Powers at Aix-la-Chapelle, in 1818, is composed of what are called "Ministres résidents," accredited to the Sovereign. Ministers of this class are sometimes said to represent the affairs, and not the person, of their Sovereign, and to be therefore of inferior dignity (p).

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 (7), 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 recognised diplomatic agents, though without the formal character of" Ministers." To this class belong Consuls (r) 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.

CCXXI. 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,

(p) "Le résident ne représente pas la personne du prince dans sa dignité, mais seulement dans ses affaires.”—Vattel, l. iv. c. vi. s. 73. See below, remarks on his real identity with the envoy.

(9) Ordinarily the Secretary of Legation.—Merlin, ibid. s. 1. vi. Martens, s. 194.

Klüber, s. 182.

Martens, s. 194.

(r) "Si ce prince envoie un agent avec des lettres de créance, et pour affaires publiques, l'agent est dès-lors ministre public: le titre n'y fait rien."— l'attel, 1. iv. c. vi. s. 75.