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renouncing them, do not arrive at the dignity of laws, or attain the character of rights (f).

CCXXXV. Merlin's remark is sound and just, 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. 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 real value to a point of etiquette, the omission of it is not justifiable by any principle of International Law (g).

CCXXXVI. 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 person of his own representatives, at foreign courts (h).

CCXXXVII. (i) The mission of a diplomatic minister may be:

(f) Wheaton, 1. 272.

Merlin, ibid, s. iv.

(g) "Quand une coutume," says Vattel, "est tellement établie qu'elle donne une valeur réelle à des choses indifférentes de leur nature, et une signification constante suivant les mœurs et les usages, le droit des gens naturel et nécessaire oblige d'avoir égard à cette institution, et de se conduire, par rapport à ces choses-là, comme si elles avaient elles-mêmes la valeur que les hommes y ont attachée."-L. iv. c. vi. 8. 79.

(h) Merlin, s. iv.

See also Martens, s. 184, upon this point. (i) Martens, 1. iv. c. 3, s. 148.

Miruss, ss. 366–370.

1. Altered in its rank or character.

2. Suspended.

3. Entirely closed or ended.

CCXXXVIII. It is altered in its character when the grade of the embassy 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.

CCXXXIX. Various events may happen which suspend the functions of the ambassador; 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 bona fide terminated, and until he has left the territory of the State to which he has been accredited. Thus Grotius observes: "In itu continuo et de reditu censetur, non hoc "ex vi verbi, sed ut absurdum vitetur: neque enim inutile "esse beneficium debet. Et abitus tutus intelligendus 66 usque dum eo pervenerit ubi in tuto sit" (k).

CCXL. The mission is ended by :—

1. The lapse of a particular period, as in the case of an ambassador 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

Klüber, ss. 228-230.

Wheaton, Dr. Int. i. ss. 23, 24.
(k) L. iii. c. xxi. 16.

Sovereign accrediting the ambassador, or by the death of the Sovereign to whom he is accredited. In both these cases, according to International Usage and Practice, the ambassador 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 spe rati, with him as ambassador.

4. By the formal declaration of the ambassador, 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 ambassador to leave the territory, without waiting for his formal recall.

6. By the voluntary resignation of his office by the ambassador himself.

7. By his recall by the Government which accredited him.

CCXLI. In the last-mentioned case it is usual for the ambassador 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, Zurückberufungsschreiben). He afterwards usually receives, in return, letters or papers to facilitate his return (what are termed lettres de récréance (1), recreditio), and his passport, and sometimes a present; but the Republic of the North American United States follows the example of the ancient Republic of Venice, and forbids her representatives to accept any such present.

(1) "Récréance est aussi en usage dans cette phrase, lettres de récréance, qui se dit, soit des lettres qu'un prince envoie à son ambassadeur, pour les présenter au prince d'auprès duquel il le rappelle; soit des lettres que ce prince donne à un ambassadeur, afin qu'il les rende, à son retour, au prince qui le rappelle. Le roi de Prusse envoya une lettre de récréance à son ambassadeur pour le faire revenir. Le roi d'Espagne donna une lettre de récréance à l'ambassadeur de France, lorsqu'il prit son audience de congé."-Dict. de l'Acad. v. Récréance.

CCXLII. When the death of the ambassador himself ends his mission, 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 longestablished rule of International Comity, determinable only by the laws of his domicil or of his own country. His moveables are also exempt from any kind of tax or impost (droit d'aubaine, detractio). 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.

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PART THE SEVENTH.

CHAPTER I.

CONSULS-HISTORICAL INTRODUCTION.

CCXLIII. In the second chapter of the former volume of this work (a), mention was made of a class of public officers, who, though not clothed, accurately speaking, with a representative character, are entitled to a quasi-diplomatic position, namely Consuls (b).

It is proposed now to take into consideration the character and functions imparted by International Law to this class of public officers.

CCXLIV, The institution of a Foreign Consulate, within the territory of an independent nation, is a most important result of International Comity; but inasmuch as Custom, Prescription, and Treaty have placed the Resident Consulate, as much as the Resident Embassy, within the domain of Right, it seems more properly discussed in this portion of the work than in that portion which is devoted to the exclusive consideration of questions relating to International Comity (c). The origin of this institution is probably traceable to that Domestic Consulate which, after the fall of the Western Empire, was, during the earlier part of the Middle Ages, founded in most of the maritime cities of the south of

(a) Vide ante, vol. i. p. 10.

(b) Miltitz, Manuel des Consuls, t. i. p. 6; a work of marvellous research and great ability.

(e) Vide ante, vol. i. pp. 12, 13, et præsertim, pp. 182, 183.

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