the State with which his own country is in hostility, to enable him to travel securely through its territories. (a)124 Duties of a public minister, on arriving at his post. § 221. It is the duty of every public minister, on arriving at his destined post, to notify his arrival to the minister of foreign affairs. If the foreign minister is of the first class, this notification is usually communicated by a secretary of embassy 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 classes generally notify their arrival by letter to the minister of foreign affairs, requesting him to take the orders of (a) Vattel, liv. iv. ch. 7, § 85. Manuel Diplomatique, ch. 2, § 19. Flassan, Histoire de la Diplomatie Française, tom. v. p. 246. [124 Passports.-The theory and practice respecting passports to private citizens in time of peace seems to be this: each nation, as part of its internal system, may withhold the right of transit through its territory. Permissions to foreigners to pass through it are properly passports; and, in strictness, a foreigner would be obliged to obtain a new passport at the boundaries of each nationality, and each national authority might subject him to an examination to ascertain his character and citizenship. To avoid these inconveniences, a system is adopted by which a citizen, leaving his own country for another, obtains from his own government what is called a passport, and is so, as respects a right to leave his own country; but, in respect to foreign countries, is rather a certificate of citizenship, with such a description of the person, and usually with his autograph appended, as will serve to identify the bearer, and prevent the document being transferred. The presenting of this at the entrance to a foreign country serves to authenticate and identify the bearer; and the foreign government, instead of granting a passport, gives its assent to the bearer's passing through, in the form of a vise upon the document itself. This is especially convenient to the traveller in going through several countries, and enables the local governments to examine and authenticate the person and document at various points, attested by fresh visés. Where a person away from home desires a passport or certificate from his own government, one may be given him by the diplomatic agent of that government. Each nation has its rules as to who may give and receive these passports; and compliance with them is expected to satisfy foreign governments, in respect to forms. As this passport from one's own government attests to no privilege, but simply certifies private citizenship, it furnishes no exemption from the jurisdiction of the country which receives him. The most that can be claimed for it is, that it is a request to foreign governments to admit the bearer, with the privileges and obligations of a foreign citizen. It would seem plain, that a diplomatic officer abroad could give no passport to any person who did not stand in some relation with that officer's country; if not as a citizen or subject, perhaps as in its employment. An exception to this rule would be irregular, and amount to no more than a request addressed to the courtesy of other governments for reasons which should be stated. Martens, Précis, liv. iii. ch. 3, § 84; liv. vii. ch. 5, § 219. Pinheiro-Ferreira, title "Passport." U. S. Laws, xi. ch. 127, § 23; and xii. ch. 79, § 23.]-D. 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. ereign, or trate. § 222. Ambassadors, and other ministers of the first Audience class, are entitled to a public audience of the sovereign; of the sovbut this ceremony is not necessary to enable them to chief magisenter on their functions, and, together with the ceremony of the solemn entry, which 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. (a) § 223. The usage of civilized nations has established a Diplomacertain etiquette, to be observed by the members of the tie etiquette. diplomatic corps, resident at the same court, towards each other, and towards 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. (a) minister. § 224. From the moment a public minister enters the Privileges territory of the State to which he is sent, during the time of a public 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 (a) Martens, Manuel Diplomatique, ch. 4, §§ 33-36. § 225 tament. RIGHTS OF LEGATION. sacred and inviolable. To give a more lively idea of this complete The passports or safe-conduct, granted by his own government Excep § 225. This immunity extends, not only to the person tions to the of the minister, but to his family and suite, secretaries of general rule of exemp- legation and other secretaries, his servants, movable ef fects, and the house in which he resides. (a) tion from The minister's person is, in general, entirely exempt both from the civil and criminal jurisdiction of the country where he resides. To this general exemption there may be the following exceptions: 1. This exemption from the jurisdiction of the local tribunals and authorities does not apply to the contentious jurisdiction, which (a) 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 Foro Legatorum, cap. 5, 8. Vattel, Droit des Gens, liv. iv. ch. 7, §§ 81-125. Martens, Précis, &c., liv. vii. ch. 5, §§ 214-218. Klüber, Droit des Gens Moderne de l'Europe, Pt. II. tit. 2, p. 203. Fölix, Droit International Privé, § 184. Wheaton's Hist. Law of Nations, 237-243. (b) Vattel, liv. iv. ch. 7, § 83. (a) Grotius, de Jur. Bel. ac Pac. lib. ii. cap. 18, §§ 8, 9. Bynkershoek, de Foro Legatorum, cap. 13, § 5; cap. 15, 20. Vattel, liv. iv. ch. 8, § 113; ch. 9, §§ 117123. Martens, Précis, &c., liv. vii. ch. 5, §§ 215-227; ch. 9, §§ 234-237. Fölix, SS 184-186. BODL may be conferred on those tribunals by the minister voluntarily making himself a party to a suit at law. (b)125 2. If he is a citizen or subject of the country to which he is sent, and that country has not renounced its authority over him, he remains still subject to its jurisdiction. But it may be questionable whether his reception as a minister from another power, without any express reservation as to his previous allegiance, ought not to be considered as a renunciation of this claim, since such reception implies a tacit convention between the two States that he shall be entirely exempt from the local jurisdiction. (c) 3. If he is at the same time in the service of the power who receives him as a minister, as sometimes happens among the German courts, he continues still subject to the local jurisdiction. (d) 4. In case of offences committed by public ministers, affecting the existence and safety of the State where they reside, if the danger is urgent, their persons and papers may be seized, and they may be sent out of the country.126 In all other cases, it appears to be the established usage of nations to request their recall by their own sovereign, which, if unreasonably refused by him, would unquestionably authorize the offended State to send away the offender. There may be other cases which might, under circumstances of sufficient aggravation, warrant the State thus offended in proceeding against an ambassador as a public enemy, or in inflicting punishment upon his person, if justice should be refused by his own sovereign. But the circumstances which would authorize such a proceeding are hardly capable of precise (b) Bynkershoek, cap. 16, §§ 13-15. Vattel, liv. iv. ch. 8, § 111. Martens, Précis, &c., liv. vii. ch. 5, § 216. Merlin, Répertoire, tit. Ministre Publique, sect. v. $ 4, No. 10. [125 In the trial of Herbert for murder, at Washington, in 1856, the Minister of the Netherlands, who was an important witness to the transaction, refused to appear in court at the request of the United States Government, who admitted his right to decline; and his own government refused to instruct him to appear as a witness, although requested to do so by the government of the United States. His objection was, that, by appearing, he subjected himself to cross-examination and to rules which justice to the respective parties might require the court to enforce. Ex. Doc. Senate, No. 21, 34th Cong. 3d Sess. See note 129, infrà, on Diplomatic Immunity, for fuller examination of the doctrine of waiving the privilege of exemption.] -D. (c) Bynkershoek, cap. 11. Vattel, liv. iv. ch. 8, § 112. (d) Martens, Manuel Diplomatique, ch. 3, § 23. [128 For instances of the enforcement of this rule, see Lord Stanhope's Hist. of England, i. 388, 484.]-D. definition, nor can any general rule be collected from the examples to be found in the history of nations, where public ministers have thrown off their public character, and plotted against the safety of the State to which they were accredited. These anomalous exceptions to the general rule resolve themselves into the paramount right of self-preservation and necessity. Grotius distinguishes here between what may be done in the way of self-defence and what may be done in the way of punishment. Though the law of nations will not allow an ambassador's life to be taken away as a punishment for a crime after it has been committed, yet this law does not oblige the State to suffer him to use violence without endeavoring to resist it. (e) 127 Personal exemption extending to his fami § 226. The wife and family, servants and suite, of the minister, participate in the inviolability attached to his public character. The secretaries of embassy and legation are especially entitled, as official persons, to the privileges of the diplomatic corps, in respect to their exemption from the local jurisdiction. (a) ly, secretaries, servants, &c. The municipal laws of some, and the usages of most nations, require an official list of the domestic servants of foreign ministers to be communicated to the secretary or minister of foreign affairs, in order to entitle them to the benefit of this exemption. (b) It follows from the principle of the extra-territoriality of the minister, his family, and other persons attached to the legation, or belonging to his suite, and their exemption from the local laws and jurisdiction of the country where they reside, that the civil and criminal jurisdiction over these persons rests with the minister, to be exercised according to the laws and usages of his own country. In respect to civil jurisdiction, both contentious and voluntary, this rule is, with some exceptions, followed in the practice of nations. But in respect to criminal offences committed by his domestics, (e) Grotius, de Jur. Bel. ac Pac. lib. ii. cap. 18, § 4. Rutherford's Inst. vol. ii. b. ii. ch. 9, § 20. Bynkershoek, de Foro Competent. Legat. cap. 17, 18, 19. Vattel, liv. iv. ch. 7, §§ 94-102. Martens, Précis, &c., liv. vii. ch. 5, § 218. Ward's Hist. of the Law of Nations, ii. ch. 17, 291-334. Wheaton's Hist. Law of Nations, 250-254. [127 See note 129, infrà, on Diplomatic Immunity.]—D. (a) Grotius, lib. ii. cap. 18, § 8. Bynkershoek, cap. 15, 20. Vattel, liv. iv. ch. 9, § 120-123. Martens, Précis, &c., liv. vii. ch. 5, § 219; ch. 9, §§ 234-237. Fölix, § 184, (§ 209, 3me edit.) (b) Blackstone's Comm. i. ch. 7. U. S. Laws, i. §§ 24-28. |