67. Letters of credence. The same decision of the congress of Vienna has also abolished all distinctions of rank between public ministers arising from consanguinity, and family or political relations between their different courts. 13 A state which has a right to send public ministers of different classes may determine for itself what rank it chooses to confer upon its diplomatic agents; but usage generally requires that those who maintain permanent missions near the government of each other should send and receive minis ters of equal rank. One minister may represent his sovereign at different courts, and a state may send several ministers to the same court. A minister or ministers may also have full powers to treat with foreign states, as at a congress of different nations, without being accredited to any particular court.14 Consuls and other commercial agents, not being accredited to the sovereign or minister of foreign affairs, are not, in general, considered as public ministers; but the consuls maintained by the Christian powers of Europe and America near the Barbary States are accredited and treated as public ministers.15 Every diplomatic agent, in order to be received in that character, and to enjoy the privileges and honours attached to his rank, must be furnished with a letter of credence. In the case of an ambassador, envoy, or minister of either of the three first classes, this letter of credence is addressed by the sovereign or other chief magistrate of his own state to the sovereign or state to whom the minister is delegated. In the case of a chargés d'affaires, it is addressed by the secretary, or minister of state charged with the department of foreign affairs, to the minister of foreign affairs of the other government. It may be in the form of a cabinet letter, but is 13 Ib. art. 6, 14 Martens, Précis, &c, liv, vii, ch. 2, §§ 199–204. 15 Bynkershoek, de Foro Competent, Legat. cap. 10, §§ 4—6. Martens, Manuel Diplomatique, ch. 1, § 13, Vattel, liv, ii, ch, 2, § 34. Wicquefort, de l'Ambassadeur, liv. i. § 1, p. 63. more generally in that of a letter of council. If the latter, it is signed by the sovereign, and sealed with the great seal of state. The minister is furnished with an authenticated copy, to be delivered to the minister of foreign affairs on asking an audience for the purpose of delivering the original to the sovereign or other chief magistrate of the state to whom he is sent. The letter of credence states the general object of his mission, and requests that full faith and credit may be given to what he shall say on the part of his court.16 The full power authorizing the minister to negotiate may be inserted in the letter of credence, but it is more usually drawn up in the form of letters patent. In general, ministers sent to a congress are not provided with a letter of credence, but only with a full power, of which they reciprocally exchange copies with each other, or deposite them in the hands of the mediating power or presiding minister.17 The instructions of the minister are for his own direction only, and not to be communicated to the government to which he is accredited, unless he is ordered by his own government to communicate them in extenso, or partially, or in the exercise of his discretion, he deems it expedient to make such à communication.18 § 8, Full power, § 9, Instruc tions, § 10, A public minister proceeding to his destined post, in time of peace, requires no other protection than a passport from Passport, his own government. In time of war, he must be provided with a safe-conduct, or passport, from the government of the state with which his own country is in hostility, to enable him to travel securely through its territories.19 16 Martens, Précis, &c. liv. vii, ch. 3, § 202. Wicquefort, de l'Ambas, sadeur, liv. i. § 15, 17 Wicquefort, liv. i. § 16. Martens, Précis, &c, liv. vii. ch. 3, § 204, Manuel Diplomatique, ch. 2, § 17. 18 Manuel Diplomatique, ch. 2, § 16. 19 Vattel, liv. iv. ch. 7, § 85. Manuel Diplomatique, ch. 2, § 19. Flas san, Histoire de la Diplomatie Française, tom, v. p. 246, § 11. Public minister passing through the territory of another that to which he is accre dited. A public minister, in passing through the territory of a friendly state, other than that of the government to which he is accredited, is entitled to respect and protection, though not invested with all the privileges and immunities which he enjoys within the dominions of the sovereign to whom he is sent. state than The extent of respect and protection due to a public minister within the territory of a foreign state other than that to which he is sent, is carried by Vattel further than seems to be warranted by reason, the usage of nations, or the authority of other text writers upon international law. The inviolability of ambassadors under that law is by Grotius and Bynkershoek, among others, understood as binding on those sovereigns only to whom they are sent; and Wicquefort, in particular, who has been ever considered as the stoutest champion of ambassadorial rights, determines that the assassination of the ministers of Francis I., referred to by Vattel, though an atrocious murder, was no breach of international law as to the privileges of ambassadors. It might be a violation of the right of innocent passage, aggravated by the circumstance of the dignified character of the persons on whom the crime was committed, and even a just cause of war against the emperor Charles V., without involving the question of protection as an ambassador, which arises exclusively from a legal implication which can only exist between the states from and to whom he is sent.2 § 12. It is the duty of every public minister, on arriving at his Duties of destined post, to notify his arrival to the minister of foreign a public minister on affairs. If the foreign minister is of the first class, this notiarriving at fication is usually communicated by a secretary of embassy his post. or legation, or other person attached to the mission, who hands to the minister of foreign affairs a copy of the letter of credence, at the same time requesting an audience of the sovereign for his principal. Ministers of the second and third 20 Vattel, liv. iv. ch. 7, § 84. Grotius, de Jur. Bel. ac Pac. lib. Competent. Legat. cap. 9, § 7. XX. Wicquefort, liv. i. § 29, pp. 433-439. ii. cap. 18, § 5. Bynkershoek, de Foro Rutherforth's Instit. vol. ii. b. ii. ch. 9, § Ward's Hist. of the Law of Nations, vol. ii. ch. 17, pp. 334-339. classes generally notify their arrival by letter to the minister of foreign affairs, requesting him to take the orders of the sovereign as to the delivery of their letters of credence. Chargés d'affaires, who are not accredited to the sovereign, notify their arrival in the same manner, at the same time requesting an audience of the minister of foreign affairs for the purpose of delivering their letters of credence. § 13. Audience of the so Ambassadors, and other ministers of the first class, are entitled to a public audience of the sovereign; but this ceremony is not necessary to enable them to enter on their functions, vereign or chief maand, together with the ceremony of the solemn entry, which gistrate. was formerly practised with respect to this class of ministers, is now usually dispensed with, and they are received in a private audience in the same manner as other ministers. At this audience, the letter of credence is delivered, and the minister pronounces a complimentary discourse, to which the sovereign replies. In republican states, the foreign minister is received in a similar manner, by the chief executive magistrate or council charged with the foreign affairs of the nation.21 $ 14. Diploma The usage of civilized nations has established a certain etiquette to be observed by the members of the diplomatic tic eticorps resident at the same court towards each other, and to- quette. wards the members of the government to which they are accredited. The duties which comity requires to be observed in this respect belong rather to the code of manners than of laws, and can hardly be made the subject of positive sanction: but there are certain established rules in respect to them, the non-observance of which may be attended with inconvenience in the performance of more serious and important duties. Such are the visits of etiquette which the diplomatic ceremonial of Europe requires to be rendered and reciprocated between public ministers resident at the same court.2 21 Martens, Manuel Diplomatique, ch. 4, §§ 33—36. 22 Manuel Diplomatique, ch. 4, § 37. 22 $15. Privileges of a public minister. $ 16. Exceptions to the general tule of From the moment a public minister enters the territory of the state to which he is sent, during the time of his residence, and until he leaves the country, he is entitled to an entire exemption from the local jurisdiction, both civil and criminal. Representing the rights, interests, and dignity of the sovereign or state by whom he is delegated, his person is sacred and inviolable. To give a more lively idea of this complete exemption from the local jurisdiction, the fiction of extra-territoriality has been invented, by which the minister, though actually in a foreign country, is supposed still to remain within the territory of his own sovereign. He continues still subject to the laws of his own country, which govern his personal status and rights of property, whether derived from contract, inheritance, or testament. His children born abroad are considered as natives. This exemption from the local laws and jurisdiction is founded upon mutual utility growing out of the necessity that public ministers should be entirely independent of the local authority, in order to fulfil the duties of their mission. The act of sending the minister on the one hand, and of receiving him on the other, amounts to a tacit compact between the two states that he shall be subject only to the authority of his own nation.23 The passports or safe conduct, granted by his own government in time of peace, or by the government to which he is sent in time of war, are sufficient evidence of his public character for this purpose.24 This immunity extends, not only to the person of the minister, but to his family and suite, secretaries of legation and other secretaries, his servants, moveable effects, and the house in which he resides.25 23 Grotius, de Jur. Bel. ac Pac. lib. ii. cap. 18, § 1-6. Rutherforth's Inst. vol. ii. b. ii. ch. 9, § 20. Wicquefort, de l'Ambassadeur, liv. i. § 27. Bynkershoek, de Jure Competent. Legat. cap. 5, 8. Vattel, Droit des Gens, fiv. iv. ch. 7, §§ 81--125. Martens, Précis, &c. liv. vii. ch. 5, §§ 214—218% Kluber, Droit des Gens Moderne de l'Europe, pt. ii. tit. 2, § 203. 24 Vattel, liv. iv. ch. 7, § 83. 25 Grotius, de Jur. Bel. ac Pac. lib. xviii. §§ 8, 9. Bynkershoek, de Foro Competent. Legat. cap. 13, § 5, cap. 15, 20. Vattel, liv. iv. ch. 8, § 113, |