usually made. But if he is recalled at the request of the government to which he is accredited, for misconduct or other objections, he would neither ask nor receive an audience of leave. If recalled on account of a misunderstanding between the two governments, the peculiar circumstances of the case must determine whether a formal letter of recall is to be sent to him, or whether he may quit the residence without waiting for it; whether the minister is to demand, and whether the sovereign is to grant him, an audience of leave. § 36. When the mission is terminated by the expiration of the minister's appointment, as in the case of embassies of mere ceremony, or of special negotiations which have been accomplished or have failed, a formal letter of recall is not usually sent to the minister by his own government. But the formalities of taking leave are nearly the same as in case of an ordinary recall by letter. Where the diplomatic rank of the minister is raised or lowered, as where an envoy becomes an ambassador, or an ambassador has fulfilled his functions as such, and is to remain as a minister of the second or third class, he presents his letter of recall, and a letter of credence in his new character. 37. Where the mission terminates by the decease or abdication of the minister's own sovereign, or the sovereign to whom he is accredited, it is usual for him to await a renewal of his letters of credence. In the former case, a mere notification of the continuance of his appointment is sent by the successor of the deceased or deposed sovereign, and in the latter, new letters of credence are sent to the minister to be presented to the new ruler. If a radical change should take place in the character or organisation of his own government, it would be the duty of the minister to await new letters of credence, or a ratification of his appointment by the new government. The government to which he is accredited would be justified in declining any new negotiations with him without such ratification, or new appointment, or, at least, without some evidence of a renewal or continuance of his powers. § 38. When, on account of the measures of his government, the court at which he resides thinks fit to discontinue all diplomatic intercourse with a minister, this is usually done by a diplomatic note informing him of that fact, and offering In him his passport. But when the court at which he resides thinks fit to send him away on account of his own misconduct, it is usual to notify his government that he is no longer an acceptable representative, and to request his recall. If the offence be of an aggravated character, he may be dismissed without waiting for a recall by his own government. The government asking such a recall may, or may not, at its own option, state the reasons for the request; they cannot be required. It is sufficient that he is no longer acceptable. such a case international courtesy would require his immediate recall. If, however, the request should not be complied with, his dismissal would follow as a matter of course. This is done by a simple notification and the offer of his passport. The dismissal of a public minister for personal or official misconduct, is not an act of disrespect or hostility to the government which sent him, and cannot be made a cause of war. No State has a right to send to, or continue at, another court,. a minister who is personally unacceptable to that court; an attempt to do so is, in itself, a mark of disrespect and unfriendliness. If the government to which a minister is accredited, refuses to receive him, his position is similar to that of one who is recalled or dismissed; that is, he has no ministerial powers, but retains his privileges and the exemptions of his ex-territoriality so long as he remains in the country. But the time of his remaining may be limited to a particular period, after the expiration of which his diplomatic privileges cease; or if he engage in, or contemplate any act not consonant with the laws, the peace, or the public honour of the country to which he was accredited, the courtesy of transit may be withdrawn. The diplomatic character will not be allowed to be made a cloak for the infringement of international or municipal laws.' 39. All ministers and diplomatic agents, of whatever description, are bound to respect the government and authorities of the country where they reside. Any disrespect, on the part of such officers or agents, are good and sufficient causes for asking their recall; or, in aggravated cases, for dismissing them and sending them out of the country. Such 1 Cong. Doc. 34 Cong., 1st Sess. H. of R., Ex Doc., No. 107; Cushing, Opinions of U. S. Att'ys Genl., vol. viii. pp. 471, 473; Merlin, Répertoire, verb. Ministre public,' § 5. offences are seldom, if ever, committed by diplomatists of character and experience; but, where a State appoints, as its representatives at foreign courts, men who do not possess the requisite qualifications for the office, it is liable not only to occasional mortifications at the conduct of such agents, but to the risk of being unnecessarily involved in serious international difficulties. Indeed, nations are not unfrequently involved in long and bloody wars through the faults and unskilfulness of their public ministers and diplomatic agents.' 1 Bello, Derecho Internacional, pt. iii. cap. ii. § 1; Heffter, Droit International, §§ 206, 207, 232; Wicquefort, De l'Ambassadeur, etc., liv. i. § 20. General Bonaparte, at a reception at the Tuileries, went straight up to the British ambassador and put several hurried questions to him concerning the policy of the British Cabinet in a tone of anger. The ambassador made a respectful bow, but gave no reply.-Mem. of Rov., vol. i. Extract from the 'Regulations for the government of all persons attached to the Naval service of the United States,' August 7, 1876, chap. iv. § vi. :— 17. Should a Minister or a Chargé d'Affaires of the United States die in a foreign port, where one or more vessels of the United States are present, the senior officer present will request permission of the authorities to land an escort; as many officers as can be spared from duty will attend the funeral, in undress uniform, and eight petty officers will be landed as body bearers. The colours of the vessels present are to be kept at halfmast from 8 A.M. of the day of the funeral to the time of interment, and the same number of cannons are to be fired, as minute guns, as the official was entitled to as a salute while living, the firing to commence on the starting of the funeral cortége. 18. The same ceremony will be observed for consuls and consular agents of the United States; no cannon, however, will be fired, but three volleys of musketry are to be fired over the grave, if permitted by the authorities. 19. Funeral processions will shove off in the following order :-Ist, music and firing party; 2nd, boat with chaplain; 3rd, boat carrying the corpse and body-bearers; 4th, boats with pall-bearers; 5th, boats with officers of the ship to which the deceased was attached; 6th, boats from other vessels of the United States, in the inverse order of the rank of commanding officers; 7th, boats from foreign ships, arranged from van to rear in the inverse order of the rank of their several senior officers, and when such seniors are of the same grade, then length of service on the station will decide relative positions. If the deceased be a commander of a squadron or of a single vessel, his flag or pennant will be carried at half-mast in the bow of the boat containing the coffin. 20. The firing party is to be composed of marines, and the seamen landed are not to be armed. The colours, draped, are not to be carried in the procession, and in case it be the funeral of an officer commanding a squadron or vessel, his flag or pennant is to be similarly dressed and carried. All drums should be covered with black crape or serge, and muffled. 21. On reaching the shore, the procession is to be formed under the command of an officer senior to the officers commanding the firing party and the details of men from different vessels who are to form a part of the procession. The order of formation will be as follows:-Music, firing party, chaplain, pall or hearse, men from different vessels in squads commanded by their own officers, officers of the vessel to which the deceased was attached, juniors leading, officers from the fleet or squadron, juniors leading, foreign officers, arranged as directed for procession in boats. 24. The officer in charge of the procession will, through the officer detailed to receive foreign officers, invite the senior of each of these delegations to designate one of his party to act as pall-bearer, and those thus selected will march, one with each of the pall-bearers. 25. The procession will march to the grave in common time, and the escort will return in quick time. CHAPTER XI. OF CONSULS AND COMMERCIAL AGENTS. 1. Origin of the institution of consuls-2. Objects of consulates in modern times-3. Divisions of the consular organisation-4. Commissions and exequaturs-5. Consuls have no representative or diplomatic character-6. Are subject to local jurisdiction-7. Have no rank except among themselves-8. Enjoy certain privileges and exemptions-9. The office to be distinguished from the personal status of the officer—10. If exequatur be issued to a citizen without conditions -II. Opinions of text-writers-12. U. S. laws respecting foreign consuls-13. Duties and powers respecting their own countrymen14. They have no civil or criminal jurisdiction-15. The granting of passports-16. Certificates, acknowledgements, &c.-17. Can afford no refuge from civil process-18. Engaging in trade-19. Judicial decisions on public character of consuls-20. Powers and privileges extended by treaty and municipal law-21. Consuls of Christian States in the East-22. Origin of difference of powers-23. Same system extended to China-24. Treaty between Great Britain and China25. Act of parliament-26. British orders and instructions-27. Treaty between France and China-28. French laws and regulations -29. Treaty between the U. S. and China-30. Remarks of U. S. commissioner on this treaty-31. Act of congress for carrying it into effect-32. Decree of U. S. Commissioner in China-33. Controversies between subjects of foreign States in China-34. Mr. Cushing's opinion on this subject. § I. THE institution of a foreign consulate originated in the earlier part of the middle ages, in sending officers or persons from one country or city to the seaports and towns of foreign States, for the purpose of protecting the national commerce, especially in matters of shipwreck and of adjusting disputes between sailors and merchants of their own country. In the absence of regular ambassadors, or other public ministers, these commercial agents sometimes acted in the capacity of representatives and diplomatic agents of their respective States, and not unfrequently assumed and exercised jurisdiction and authority over the merchants and citizens of their own countries in foreign ports and cities. In the ports of the Baltic and Mediterranean, where foreigners were compelled to live in particular quarters of the town, they sometimes |