SECT. 1. However simple a negotiation may be, it would be very difficult, now-a-days, to bring it to a conclusion by a written correspondence between the sovereigns. A verbal communication is absolutely necessary; and, as it would be impossible for sovereigns to negociate, themselves, they must commission others, furnished with instructions and full powers, to do it in their stead. Hence the origin of embassies. SEC. 2. Of a Public Minister. By Public Minister is commonly meant, the person whom the state has charged with its public affairs: in a more particular sense, the person who is at the head of some department of the government; and, in a still more confined sense, the person whom the sovereign has appointed to superintend his affairs at some foreign court. This last sort of minister (Embassador in a general sense, Legatus) is that of which we are to speak here. The sending of this sort of ministers being a necessary means of treating of state affairs, the right to send them becomes one of the natural rights of sovereignty. These ministers are now employed, not only to negociate the affairs of the sovereign by whom they are sent, (though all their rights are grounded upon their acting in that capacity,) but on points of ceremony also; and, since the introduction of perpetual embassies, sometimes the principal business of such a minister is to watch over the interests of his master, and give him an exact account of every thing that passes, and of which it imports him to be informed. Whatever difference a rigorous attention to theory might make, as to prerogatives, &c. between negociators and other ministers, in the practice, the same prerogatives that are enjoyed by negociators, are also enjoyed by embassies of ceremony, perpetual embassies, and embassies in ordinary.

SECT. 3. Of the right of sending Ministers. The primitive and principal object of sending embassies proves clearly, 1. That the right of sending ministers, belongs to all those states, which have a right to treat with foreign powers in their own name. Consequently, all states that are entirely free (notwithstanding vassalage, protection, and tribute), as well as all the demi-sovereign states, that have the right of making war and peace, and of forming foreign alliances, have a right to send ministers to foreign courts. Hence it comes that the states of the Empire, as well as many other demisovereign states, enjoy this right. 2. In monarchies this right may belong solely to the sovereign, or it may so happen that the state participates in it. This depends on the internal constitution of each state in particular. But, S. No subject part of a state, no person, however distinguished by his rank and dignities, that has not a right to treat with foreign nations in his own name, has a right to send embassies. In the communications between sovereigns and their subjects, the former sends commissaries and the latter deputies; but neither of the two have the prerogatives of ministers. The latter have thein not, for want of authority in those by whom they are sent, and the former, for want of the consent of the sovereign; and, besides, Deither of them stand in need of such prerogatives. 4. A sovereign may, however, authorize other persons to exercise the rights of appointing embassies in his name; thus, the princes of the blood, governors of provin ces, vice-roys, generals, and even ministers, send persons vested with the character, essential rights, and authority of ministers.

SEOT. 4. The right of sending ministers making part of the rights of sovereignty, it returns, in case of a vacancy of the throne, into the hands of the people, or of those who are authorised to exercise the sovereign power in the interim. A sovereign who abdicates his crown,, loses with it his right of sending ministers; but the simple loss of possession, when involuntary, does not always carry in it the loss of right. A prince, by being held in captivity, or by being driven from his throne, or even from his dominions, does not, on that account, lose at once the right of sending ministers; neither does he who has usurped his throne, or power, acquire this right by his mere momentary possession. It is the justice or injustice of the cause that ought principally to decide, which of the two is entitled to exercise this right. The conduct of foreign powers on such occasions ought to be conformable to what has been already said, with respect to the acknowledgement of general sovereignty.

SEOT. 5. Of the right of receiving Ministers. Those, and those only, who have a right to send ministers, have a right to receive them. They may even be obliged, imperfectly, to receive them, or at least not to refuse them. But, except in the case of treaties, no state is under a perfect obligation to receive them, and still less to permit their constant residence at its

court. Every sovereign may, then, dictate the conditions on which he will receive them, and fix the manner of their reception. Nevertheless, 1. A refusal to receive ministers would be attended with serious consequences; 2. Once admitted, there are certain rights which are perfectly their due; S. There are others, which are so well established by custom, that they cannot now be refused; 4. There are many rights, particularly those belonging to the ceremonial, concerning which, one court differs from another; and, indeed, generally speaking, the positive rights of a foreign minister depend, in great part, on treaties, and on law; all the rest are founded

on custom.

The universal law of

6. Of the Origin of the different Orders. nations acknowledges but one order of ministers. It considers them all as public mandatories of the state which they represent, as far as relates to the business with which they are charged, and entitled to the rights essential to that quality, and to no other rights whatever. But the modern law of nations has established several orders of public ministers, or ambassadors, which differ essentially in whatever concerns the ceremonial.

Formerly there was but one class of public ministers, who were all called Ambassadors. On their private affairs sovereigns sometimes sent agents; and on missions of ceremony, or of little importance, they sent gentlemen of birth, but neither of these enjoyed the rights, or were honored with the ceremonial, due to ministers. In the fifteenth century ministers began to be received as the representatives of their sovereigns; but the disputes resulting from their rights in that capacity, and the expense, which became more considerable, as the perpetual embassies grew more customary, gave rise to an order of ministers under the title of Residents, much inferior to ministers representing their sovereigns. These latter now took, exclusively, the title of Ambassadors. Residents were considered as above agents, even when the latter were charged with affairs of state. These agents were afterwards called Chargés des Affaires, and the title of agent sunk into disuse, except for those who were charged with the private affairs of the sovereign only, or as a mere empty title.

In time it became customary to grant to the gentlemen of birth, a certain ceremonial, which, though very vague in the beginning, sometimes came nearly to that of Ambassadors, but oftener resembled the ceremonial of residents. The custom of the present century has raised them above residents, and they now form a separate order, between ambassadors and residents, called Envoys. Many causes gave rise to a multiplication of the qualities of ministers, particularly of the second and third orders: Ministers Plenipotentiary, Ministers, Ministers Resident, Residents, Ministers Chargés d'Affaires.

7. Of Ministers of the First Order. Being the representative of the sovereign forms the characteristic mark of ministers of the first order, among which are, 1. The Cardinal Legates, the Nuncios of the Pope, Ambssadors properly so called, the Bailo of Venice and Constantinople. The Nuncios and Ambassadors are divided into ordinary and extraordinary. This division served originally to distinguish perpetual ambassadors, from such as were sent on some particular business; but, at present, there are perpetual Ambassadors, who are also vested with the more distinguished character of extraordinary.

With respect to precedence,* 1. The character of representative, which is common to them all, raises all the ministers of the first order above those of an inferior order, without respect to the rank or dignity of the states they are sent from. 2. Among the ministers of the first order, the Cardinal Legates and the Nuncios of the Pope, take the lead of all the Ambassadors of Catholic states; but those of Protestant states do not yield to them in this point. 3. The extraordinary Ambassador takes the lead of the Embassador in ordinary, when they are both from the same state; but, 4. Among Ambassadors of different courts, no regard is paid to this distinction; they all claim a right to precedence, or yield it to others, as it is claimed or yielded by their sovereigns.

8. Of the Ministers of the Second Order. Ministers of the inferior orders are not looked upon as the representatives of their sovereign. They do represent him, however, with respect to the affairs they are sent to transact in his name; and even with regard to precedence among themselves; so that they ought to be looked upon as representatives in an inferior degree. Again, though the manner of representation is the same among ministers of the inferior orders, yet, the degree of dignity with which they are vested by their sovereign, and the honors by which they are commonly distinguished, has given rise to the division of them into ministers of the second and third order.

Among ministers of the second order are, the Envoys, the Ministers Plenipotentiary, the Inter Nuncios of the Pope, and the Emperor. With respect to precedence, there is no distinction made between Envoys and Plenipotentiaries. Every one claims what is due to him according to the rank of his sovereign.

9. Of Ministers of the Third Order. The third order of ministers is composed of Ministers Resident, Residents and Ministers Chargés d'Affaires. Now-a-days, the ceremonial, almost everywhere, of ministers of the third order, differs greatly from that of ministers of the second order. The former yield to the latter in points of precedence, claiming among themselves the rank that is due according to the dignity, &c. of their sovereigns.

*See "Precedence."

It seems that we ought to reckon among the ministers of the third order, the simple Chargés des Affaires, as well as those who are appointed per interim, as those who are permanent. They have not, however, the title of ministers, and are generally introduced and admitted through a verbal presentation of the minister, at his departure, or through letters of credence addressed to the minister of state of the court to which they are sent. The ceremonial observed towards them is very arbitrary. They have the essential rights of ministers, and do not yield the precedence to ministers, residents, &c., if their court does not yield in this point. Marlens.

10. Deputies and Commissioners. Sometimes the name of Deputies is given to ministers sent to congress, or accredited on the part of an assembly of states, or of a corporation; and the title of commissioners, to those sent by powers in order to regulate limits, terminate differences of jurisdiction, or to put in execution some article of a treaty or convention. These titles can neither confer nor take away from them the prerogatives and immunities of ministers; they possess ordinarily those granted to ministers of the second or third order. All however, depends on the question, to what point the constituent has been able and willing to confer on them a ministerial character. Martens' Manual.

11. Agents. Mere Agents charged with the particular private affairs of a state or sovereign, although they may be invested with the title of Resident, Counsellors of Legation, or any other, cannot pretend to the rights of a diplomatic agent, much less to the prerogatives, immunities, or ceremonial of public ministers.

Privileges granted to them sometimes by states less powerful [feeble states] suffice not to form a rule. Besides, such agents are never the bearers of credentials, but merely of letters of Provision, or even of recommendation. ib.

The right of sending

12. Of the Right of sending Ministers. ministers may be possessed in part. Either a state may have a right to send ministers of all the orders, or of some only. All the crowned heads, the Republic of Venice, the United Provinces, the Swiss Cantons, and to some courts Genoa and the Order of Malta, possess the right of sending ministers of the first order. The states of the empire have prevailed on the Emperor to grant them the right of an embassy of the first order, and, as far as relates to their ministers sent to the Diet, it is granted them by all the foreign states. They demand it from all the courts of Europe, in alledging many acts of possession in their favor, and, after their example, the German Princes demand the same; but neither have been able, as yet, to obtain it. They, as well as the other sovereign and demi-sovereign states, send ministers of the second and third order. Ministers of the first are seldom sent to courts from whence ministers of the same order are not received. Martens Law of Nations.