The powers are an essential instrument of the embassy, when a treaty is either to be made or concluded, or a particular affair of importance nego. tiated: in which case it behoves each party to be sure of the other, as to the execution thereof. A general power of what extent soever, and whatever clauses may be added thereto, is not sufficient for a particular treaty. In ordinary affairs, the ambassador has no need of a special power. The Portugal ambassador disputing the rank with that of Hungary at the council of Trent, said this latter had no authentic powers; but the fathers of the council declared, that the letters of credence were sufficient. And indeed, there are a thousand occasions, and a thousand affairs, wherein powers are not only unnecessary, but also where they would be altogether of no use; and there are very few embassies where it is requisite to employ plenipotentiaries. Powers are not so necessary to the ministers who are the bearers thereof, as to the commissioners or ambassadors that treat with them, and whom it behoves to be well assured, that what they shall negotiate and treat of, with the plenipotentiaries, shall be approved of and ratified, although the powers how ample and absolute soever they may be, have always some relation to the secret orders the ministers receive, which may be changed and altered, and often are according to the conjunctures and revolutions of affairs. The powers ought not to be limited at all, nor refer to the instructions; because being conditional, they would no longer be a full power. It is certain, that the powers are at least as necessary to him that treats with the minister, as to the minister himself, as it will appear by the following example: the invasion with which Philip the Bold, King of France, threatened the kingdom of Arragon, in the year 1285, obliged the king, Peter the Great, to send to Sancho the Brave, king of Castile, a gentleman whose name was Peter de Bolea, to endeavor to bring him into his interest. This gentleman, who for all powers had only a simple letter of credence, was at a great loss, finding the king of Castile very little disposed to act for the interest of the king of Arragon; insomuch, that being apprehensive least he should declare in favor of France, he told him, that if he would but promise to remain neuter, the king of Arragon would give him the town of Calatayud, after the war was at an end. Sancho remained neuter, and perceiving that Peter had made an advantageous peace enough with France, he demanded of him the town Bolea had promised him. The king of Arragon said, that the gentleman he had sent him, had neither order nor power to promise any thing; but that he might not be wanting in any thing he owed to a king whose friendship was dear to him, he sent him back the gentleman, to be disposed of by him, as he pleased. Bolea acknowledged to the king of Castile, that he had no orders to offer him any thing; but that it was the great affection for the king his master, which had obliged him to make those offers; thereby to put him out of those dangers, the junction of the arms of France with those of Castile made altogether inevitable. The king of Castile commended his zeal, and what he had done; treated him, and sent him back to his master. He could blame nobody but himself, for having too lightly given credit to the saying of a minister, who, according to the rules of his profession, did not scruple mingling a little artifice with his probity. Provided ambassadors do but gain their point, they do not make much scruple about the means. The king of Castile ought to have had this promise in writing; and before he accepted of it, have had an authentic copy of the power by virtue of which it was made. And the king of Arragon, on his side, who would have the king of Castile give credit to what that gentleman should say to him on his part, was not obliged to own all that his envoy had done without orders; and he did more than he was obliged to do, in putting into the hands of the king of Castile, the person of whom he might complain for having cheated him; but who, however, had done a very signal service to his master. Sometimes a minister may be treated with, although he may have no powers, provided he be of quality sufficient to make what he does be approved, and that he have authority enough for that purpose. Although there be no safety at all to conclude with a minister who has no powers, and that there be none even to enter into a negotiation with him, whose powers have not their due form, yet it is sufficient, however, that he who, notwithstanding that, is willing to negotiate with a minister who has no powers, or whose powers are imperfect, is contented therewith.— Wicquefort. 54. Every minister charged with a negociation, properly so called, ought to be furnished with a full power indicating the degree of authority, with which he is intrusted, and upon the faith of which a negociation can be begun with him. It should be expressly mentioned, if the minister be only authorised to hear propositions, to report, to propose, or to conclude them: and when there are several ministers, if they are authorised to act separately. The full power may be inserted in the credentials, but the more usual method is to prepare one separately in form of letters patent. The ministers sent to a congress, a diet, &c., are not usually furnished with credentials; they have merely a full power which serves them for a legitimation, and they interchange the certified copies, or place them in the hands of the minister (directeur & mediateur) if there be one. It is not much in usage at present to furnish a minister with a full power to authorise him to treat with all foreign powers, and which is denominated "actus ad omnes populos." Martens' Manual, 55. Ambassadors inviolable in their Persons-Declaration of Hol land, in 1651: (Extract.) Whereas, according to the law of nations, and even that of barbarians, the persons of ambassadors, residents, and the other like public ministers, of kings, princes, and republics, are every where held in such esteem, that no person whatever dare offend, injure or damnify them; but on the contrary, they are in possession of being respected, highly considered, and honored by every body; nevertheless, forasmuch, as we are informed, that some insolent, outrageous, and dissolute persons, have dared to undertake and act the contrary to what is above recited, in reference to some public ministers who have been sent to this Estate, and who reside in our Province: we being willing to provide against the like abuses for the future, have thought fit to ordain very expressly by this our Declaration, and to prohibit and forbid very seriously by the presents, That no person of what nation, state, quality, or condition soever, presume to offend, endamage, injure by word, deed, or look, the ambassadors, residents, agents, or other ministers, of kings, princes, republics, or others, having the quality of public ministers, or to offer them any injury or insult, directly or indirectly, in any manner or kind whatsoever, in their persons; gentlemen of their retinue, servants, houses, coaches, and other things that may belong to them, or depend on them, under the penalty of incurring our utmost indignation, and of being bodily punished, as violators of the law of nations, and disturbers of the public quiet. The whole according to the nature and exigency of the case. Commanding all the inhabitants of this province, and all those who shall there be present, that on the contrary they shew all manner of honor, and pay all respect to this sort of ministers; and even to give them, as also to their domestics, and to those of their retinue, all aid and assistance, and to contribute whatever may be serviceable to their honor, and be aiding to their service and conveniency. Ordaining and commanding the first and the other counsellors of the court of this province, as also all officers, justices and magistrates, and all those to whom it shall belong, to proceed against the transgressors by the execution of the penalties above mentioned, without any manner of connivance or dissimulation whatever. Done at the Hague, under our Great Seal the 29th of March, 1651. Wicquefort. 56. Of the Rights, Privileges and Immunities of Ambassadors, and other Public Ministers. A respect due to sovereigns should reflect on their representatives, and chiefly on their ambassadors, as representing his master's person, in the first degree. Whoever affronts or injures a public minister commits a crime the more deserving a severe punishment, as thereby the sovereign and his country might be brought into great difficulties and trouble. It is just that he should be punished for his fault, and that the state should, at the expence of the delinquent, give a full satisfaction to the sovereign affronted in the person of his minister. If a sovereign minister offends a citizen, the latter may oppose him without departing from the respect due to the character, and give him a lesson which shall both efface the stain of the outrage and expose the author of it. The person offended may further prefer a complaint to his sovereign, who will demand of the minister's master a just satisfaction. The great concerns of the state forbid a citizen, on such occasions, to entertain those thoughts of revenge which the point of honor might suggest, though otherwise allowable. Even according to the maxims of the world, a gentleman receives no disgrace by an affront for which it is not in his power, of himself, to procure satisfaction. Vattel. 57. Their Person sacred and Inviolable. The necessity and right of embassies being established, the perfect security, the inviolability of ambassa dors, and other ministers, is a certain consequence of it; for if their person be not defended from violence of every kind, the right of embassies become precarious, and the success very uncertain. A right to the end is a right to the necessary means. Embassies then being of such great importance in the universal society of nations, and so necessary to their common well-being, the person of ministers charged with this embassy is to be held sacred and inviolable among all nations. Whoever offers any violence to an ambassador, or any other public minister, not only injures the sovereign whom this minister represents, but he also hurts the common safety and well-being of nations: he becomes guilty of an atrocious crime towards the whole world. ib. 58. Particular Protection due to them. This safety is particularly due to the ministers, from the sovereign to whom he is sent. To admit a minister to acknowledge him in such quality, is engaging to grant him the most particular protection, and that he shall enjoy all possible safety. A sovereign is indeed to protect every person within his dominions, whether native or foreigner, and shelter him from violence; but this attention is in a higher degree due to a foreign minister. A violence done to a private person is common trespass, which, according to circumstances, the prince may pa.don: but if done to a public minister, it is a crime of state, an offence against the law of nations. A pardon of this does not depend on the prince in whose country the crime has been committed, but on him who has been offended in the person of his representative. However, if the minister has been insulted by persons ignorant of his character, the fault does not affect the law of nations, but comes within the case of common trespasses. Some dissolute young fellows in a town of Switzerland having, in the night-time, insulted the English minister's house, not knowing who lived there, the magistracy sent a message to the minister to know what satisfaction he required. He wisely answered, that it was the magistrate's concern to vindicate the public as they should judge proper; but as for himself he required nothing, not thinking himself affronted by persons who could have no design on him, as not knowing his house. Another particular circumstance in the protection of foreign ministers is this: according to the wretched maxims introduced by a false point of honor, a sovereign is under a necessity of shewing indulgence towards a person wearing a sword, who instantly revenges an affront done to him by a private person; but violent proceedings can never be allowed of, or excused, against a public minister, unless the latter, by beginning and urging the violence, should lay the other under a necessity of defending himself. ib. 59. Of the Time when it commences. Though the minister's character does not become declared in its whole extent, and thus does not secure to him the enjoyment of all his rights till he is acknowledged and admitted by the sovereign to whom he delivers his credentials; yet, on his entering into the country whither he is sent, and making himself known, he is under the protection of the law of nation; otherwise it would not be safe for him to come. Till he has had his audience of the prince, he is on his word to be considered as a minister; and further, besides notice of it, usually sent by let ters in case of doubt, the minister is provided with passports, certifying his character.. ib. 60. What is due to them in Countries through which they pass. These passports sometimes become necessary to him in the countries through which he passes in his way to the place of his destination; and, when it is necessary for procuring the respect and honor due to him, he produces them. Indeed that prince alone to whom the minister is sent, is under a particular obligation that he shall enjoy all the rights annexed to his character: yet the others, through whose dominions he passes, are not to deny him those regards to which the minister of a sovereign is entitled, and which nations reciprocally owe to each other. They especially owe to him an entire safety. To insult him would be injuring his master and the whole nation; to arrest him and offer violence to him, would be hurting the right of embassy, which belongs to all sovereigns. Francis the First, king of France, had all the reason in the world to complain of the murder of his ambassadors Rincon and Fregosa, as an horrible crime against public faith and the law of nations. These two persons, destined, the one to Constantinople, and the other to Venice, having embarked on the Po, were stopt and murdered, and in appearance, by order of the governor of Milan. The emperor Charles the Vth's negligence to discover the author of the murder gave room to think that he had ordered it, or at least that he had tacitly approved of the fact. And as he did not give any suitable satisfaction concerning it, Francis the First had a very just cause for declaring war against him, and even demanding assistance of all other nations. For an affair of this nature is not a particular difference, or a litigious question, in which each party wrests law over to his side: it is the quarrel of all nations who are concerned to maintain as sacred the right and means of communicating together, and treating of their affairs. If an innocent passage be due, even with entire safety, to a mere private person, much more is it due to the minister of a sovereign who is going to execute his master's orders, and travels on the affairs of a nation-I say, an innocent passage; for the minister's journey is justly suspected, if a sovereign has reason to apprehend that he will abuse the freedom of coming into his country, for plotting something against his service, or that he is going to give intelligence to his enemies, or to stir up others against him.-We have already said that a passage may be denied him, but he is not to maltreat him, nor suffer any insult to be offered to his person. Though he has not reason sufficient for denying him a pas. sage, he may take precautions against the ample use which the minister may make of it. These maxims the Spaniards found even in Mexico, and the neighbouring countries. The ambassadors were respected all along the |